General Terms & Conditions

§ 1 General:

  1. For all business relationships with our customers, our general terms and conditions ("GTC") apply exclusively and regardless of the type of order (telephone, fax, e-mail, internet or shop) in their currently valid version. Customers can be both entrepreneurs and consumers. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity (§ 13 German Civil Code). An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity (§ 14 German Civil Code).
  2. We do not recognize conditions that conflict with or deviate from our terms and conditions, unless we have expressly agreed to their validity. Our terms and conditions also apply if we carry out the delivery without reservation in the knowledge that the customer's terms and conditions conflict with or deviate from our terms and conditions.
 
§ 2 Offer and conclusion of contract:
  1. The presentation of the products in the online shop and on all social media channels (Facebook, Instagram, YouTube) does not represent a legally binding offer instead it is merely a non-binding offer of the range of available goods. The customer has to check the correctness, in particular with regard to price and quantity, and correct it if necessary. By clicking on the "Buy" button, the customer places a binding order for the goods in the shopping cart. A confirmation of the receipt of the order follows immediately after sending the order. The purchase contract is only concluded with our separate order confirmation.
  2. Public Peace Music Productions reserves the right not to fulfill the order if it turns out after the conclusion of the contract that the goods are not available, although a corresponding obligation has been concluded. In such a case the customer will be notified immediately. Any consideration already provided will be reimbursed immediately. Further claims against Public Peace Music Productions are excluded.
  3. We save the contract text and send the customer an order overview by email. If the customer has registered, they can view online shop orders they have placed in our customer log-in area. The contract language is German.
 
§ 3 Delivery terms:
  1. The delivery costs within Germany depend on the shipping weight. From an order value of 50.00 Euros we ship free within Germany. The delivery of goods outside of Germany take place under the conditions shown in the shipping costs table and are also weight-related.
  2. Deliveries to countries that are not members of the EU incur additional customs duties and fees, which must be borne by the customer.
  3. If requested, we can send the goods to the customer by express. In this case, we will charge the customer for the additional costs incurred.
  4. If, due to the total volume or weight of the goods ordered, delivery by a freight forwarder is necessary, this will be free to the curb. Deliveries by forwarding agent are only possible within Germany. Additional agreements regarding further delivery services are to be made directly with us and/or via the respective forwarding agent. Additional costs are to be borne by the customer himself.
  5.  If the customer is business (§ 14 German Civil Code), delivery is generally at the customer's risk. This also applies to partial deliveries. If the customer is a consumer within the meaning of § 13 German Civil Code, the risk of accidental loss and accidental deterioration of the item sold does not pass to the customer until the item is handed over, even if the item is sold by mail. The handover is the same if the buyer is in default of acceptance. Delivery is made to the delivery address specified by the customer.
  6. If the customer's duty to cooperate is necessary, the delivery period does not start before the customer has fulfilled this duty.
  7. If acceptance is unjustifiably refused for deliveries, an incorrect delivery address is given or if the goods are not accepted or not delivered on our part for other reasons for which the customer is to blame, the customer is obliged to pay all freight costs and charges incurred.
  8. The goods are to be examined for transport damage immediately after receipt by the customer or his agent if the customer is a merchant within the meaning of the German Commercial Code (HGB). The customer, who is a merchant within the meaning of the German Commercial Code, must have any detectable transport and packaging damage confirmed in writing by the transport company upon acceptance of the goods and report this to Public Peace Music Productions. Customers who are consumers in a legally non-binding manner to report obvious transport damage to us as well.
  9. Obstacles to performance that are not attributable to the risk area of ​​a contracting party release the contracting parties from their mutual performance obligations for the duration of the disruption and the extent of its effect. Strikes and lockouts, force majeure, riots, acts of war or terrorism, official measures and other unforeseeable, unavoidable and serious events are deemed to be impediments to performance. These events are equivalent to unforeseeable events for which we are not responsible (e.g. delivery delays by sub-suppliers, raw material or energy deficiencies, significant operational disruptions, for example due to the destruction of the company as a whole or important departments or the failure of indispensable production facilities) if they make delivery unreasonably difficult for us or make it temporarily impossible. In the event of an exemption from the obligation to perform, each contracting party is obliged to inform the other party immediately and to keep the effects for the other contracting party as low as possible within the scope of what is reasonable. If the performance becomes permanently impossible, the customer is entitled to the statutory claims as a result of the impossibility.
 
§ 4 Prices and terms of payment:
  1. The prices are final prices including German VAT. Any additional costs incurred (e.g. shipping costs) will be specified separately for the respective products. For deliveries to countries outside the EU, additional duties and fees may apply, which are to be paid by the customer.
  2. Unless otherwise agreed in writing, invoices from Public Peace Music Productions are payable immediately and without deduction. Orders in advance will only be sent after receipt of payment.
  3. Payments in a foreign currency will considered after received it on our account (date of payment, amount). Bank fees must be borne by the customer.
  4. The ordered goods will only be sent after receipt of payment on our account at GLS Bank, regardless of the payment service provider (bank transfer, PayPal, Klarna, instant transfer, credit card).
  5. When ordering via our configurator, the creation of the instrument will only start after a deposit of at least 50% of the total amount. The finished instrument will only be delivered after payment has been received in full on our account.
 
§ 5 Retention of title:
  1. In the case of contracts with consumers, Public Peace Music Productions reserves ownership until the purchase price has been paid in full.
  2. The delivered goods remain the property of Public Peace Music Productions until all existing claims against the customer, including all existing ancillary claims, have been paid in full, insofar as the customer is a merchant within the meaning of the German Commercial Code (HGB).
  3. If the customer is an entrepreneur, we reserve title to the goods until all claims against the customer have been met, even if the specific goods have already been paid for.
  4. In the event of seizure and other interventions by third parties, the customer must point out our property and notify us immediately in writing.
 
§ 6 Warranty:
  1. The statutory warranty law applies, unless otherwise agreed below.
  2. If the customer is a consumer, we are liable in the event of a defect in accordance with the statutory provisions. The warranty period for new items is 24 months. The period begins with transfer of risk.
  3. If the customer is an entrepreneur, the warranty period for new goods is one year. In the case of delivery of marked used goods, the guarantee to entrepreneurs is excluded. After receiving the goods, the customer, who is an entrepreneur, is obliged to inspect the goods for defects.
  4. If the delivered goods show obvious transport damage or defects, the customer is requested to notify us of such errors immediately. Failure to make this complaint has no consequences for the legal claims of the customer who is a consumer and their enforcement, in particular his warranty rights. The complaint helps us to assert our own claims against the carrier or the transport insurance.
  5. Defects or damage that can be traced back to culpable or improper handling or improper installation as well as the use of unsuitable accessories or changes to the original parts by the customer or a third party not commissioned are excluded from the guarantee.
  6. The usual and typical product wear and tear on wearing parts e.g. strings, bulbs, headlights, LEDs, sticks, rechargeable batteries / batteries, potentiometers, faders, laser diodes, pitch benders, keyboards, switches, all tubes (also built-in), etc. are not covered by the warranty. The defective goods must be returned to us in their original packaging (with all accessories, instructions, etc.).
  7. If the customer accepts the goods or the object of the order despite knowledge of a defect, he is only entitled to warranty claims to the extent described below if he expressly reserves these in writing (e.g. e-mail) immediately after receiving the goods.
  8. A recognized defect is remedied in such a way that the defective goods are repaired free of charge or replaced by a flawless product (possibly also a successor model), at our option. Replaced products or parts become the property of Public Peace Music Productions.
  9. Information about the duration of the repair is generally non-binding, unless a date for completion has been agreed in writing. There is no entitlement to loan equipment during the repair period.
  10. If the customer has made claims against us because of warranty claims and it turns out that either there is no defect or the claimed defect is based on a circumstance that does not oblige us to guarantee, the customer is responsible for our claims to reimburse us for all costs incurred as a result. This does not apply if the customer is a consumer.
  11. Even if the goods are exchanged by us during the warranty period, the limitation period does not start again here either. Rather, all claims end two years after receipt of the initially (defective) delivered goods.
 
§ 7 The 3-year guarantee:
  1. The guarantee applies to all defects occurring during a period of three years from the transfer of risk that can be proven to be due to a material or manufacturing defect. The right to a guarantee is only available to the customer who is a consumer and cannot be assigned.
  2. The customer who bought the goods directly from us (guarantee holder) has the right to have the defective goods repaired, delivery a defect-free replacement good or repayment of the purchase price (guarantee claim), whereby the choice between these three rights lies with us as the guarantor. The warrantee bears the costs of shipping.
  3. Insofar as we exchange goods within the scope of the warranty or guarantee, it is already agreed that ownership of the goods to be exchanged will be transferred from the customer to us or vice versa to the customer at the time of receipt or return of the goods.
  4. By providing guarantee services, the guarantee period for the product is neither extended nor started again. The guarantee can only be used once for a product.
  5. In addition to the claims from the above guarantee, the buyer has the statutory warranty claims, which are not restricted by the guarantee.
  6. The following are excluded from the guarantee: 
    - used equipment 
    - instruments manufactured on customer request (Configurator) 
    - other computers and computer articles 
    - Products that are subject to use-related or other wear and tear, namely in particular strings, heads, lamps, headlight LEDs, sticks, cymbals, batteries, cables, bags, cases, belts, potentiometers, faders, picks, laser diodes, pitch benders, keyboards , Switches and buttons, all tubes (also built-in), reeds of harmonica, melodicas and accordions,
    - defects in the product caused by the use of accessories, supplementary or replacement parts that are not original parts
    - products to which changes or additions have been made
    - minor deviations from the target quality that are insignificant for the value and usability of the product
    - defects in the product that can be traced back to non-observance of the operating instructions, improper use, abnormal environmental conditions, inappropriate operating conditions, overloading or insufficient maintenance or care
    - sheet music, books, CD's and software. 
 
§ 8 Liability for damage:
  1. We are only liable for damage other than injury to life, body and health insofar as this is based on willful or grossly negligent action or culpable breach of an essential contractual obligation by Public Peace Music Productions or a vicarious agent (e.g. the delivery service). Any further liability for damages is excluded. The provisions of the Product Liability Law remain unaffected. If an essential contractual obligation is negligently breached, our liability is limited to the foreseeable damage.
  2. As far as the liability for damages towards us is excluded or limited, this also applies with regard to the personal liability for damages of our employees, workers, employees, representatives and vicarious agents.
 
§ 9 Statutory right of withdrawal:
  1. Right of withdrawal: If the customer is a consumer (§ 13 German Civil Code), she/he has the right to withdraw from this contract within fourteen days without giving a reason. The cancellation period is fourteen days from the day on which the customer or a third party named by him, who is not the carrier, took possession of the last goods. In order to exercise your right of withdrawal, you must send us a clear statement (e.g. a letter sent by post or email) of your decision to withdraw from this contract. In order to meet the cancellation deadline, it is sufficient for you to send your notification that you are exercising your right of cancellation before the cancellation period has expired.
  2. Consequences of the withdrawal: If the customer withdraw from this contract, all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us and duties and fees), have to be repaid immediately and at the latest within fourteen days from the date on which we received notification of the cancellation of this contract. For this repayment, we will use the same payment method that you used for the original transaction, unless something else was expressly agreed with you. We can refuse the repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier. The customer must return or hand over the goods immediately and in any case no later than fourteen days from the day on which he informed us of the cancellation of this contract to us at Public Peace Music Productions, Nikolausstrasse 22, 52457 Aldenhoven-Schleiden, Germany. The deadline is met if the customer sends the goods before the period of fourteen days has expired. The costs of returning to Public Peace Music Productions are to be borne by the customer. The customer only has to pay for any loss in value of the goods if this loss in value is due to the handling of the goods that is not necessary to establish the nature, properties and functioning of the goods. When shipping outside of Germany, the customer bears the return costs incurred. Shipping costs abroad will not be reimbursed; the customer will only be reimbursed for the value of the goods.
  3. Exclusion of the right of withdrawal: The right of withdrawal does not apply to contracts:
    - for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. configurator orders)
    - for the delivery of goods that can spoil quickly or whose expiration date would quickly be exceeded
    - for the delivery of sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery
    - for the delivery of goods if they were inseparably mixed with other goods after delivery due to their nature
    - for the delivery of audio or video recordings or computer software in a sealed package, if the seal has been removed after delivery
    - for the delivery of digital content that is not on a physical data carrier, if the entrepreneur has started to execute the contract after the consumer has expressly agreed that the entrepreneur will start executing the contract before the expiry of the withdrawal period and has confirmed his knowledge thereof that he loses his right of withdrawal by giving his consent at the beginning of the execution of the contract
    - for the delivery of newspapers or magazines
    - where the consumer has expressly requested the entrepreneur to visit him in order to carry out urgent repair or maintenance work; This does not apply to other services provided during the visit that the consumer has not expressly requested, or to those goods delivered during the visit that are not necessarily required as spare parts for maintenance or repair.
  4. Customers from non-EU countries do not have a right of withdrawal.
 
General information on the right of withdrawal:
  • Please avoid damage and contamination of the product. If possible, please send the goods back to us in their original packaging with all accessories and all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please use suitable packaging to provide adequate protection against damage in transit.
  • When shipping outside of Germany, the customer bears the return costs incurred himself if the goods delivered correspond to the goods ordered.
 
§ 10 Choice of law - place of jurisdiction:
  1. German law applies exclusively to the exclusion of the UN Sales Convention (CISG). In the event that the buyer is a consumer, this only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
  2. If the customer is a merchant, legal entity under public law or special fund under public law, Düren is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship with the customer or from these general terms and conditions.
 
§ 11 Alternative dispute resolution:
  1. The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
 
§12 Final provisions:
Should any provision of these general terms and conditions be ineffective, the rest of the contract will remain effective. The relevant statutory provisions apply in place of the ineffective provision.

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