Terms & Conditions

(Last updated: April 2022)

§ 1 Scope

These terms and conditions apply to all business relations between Luis Schmidt Music UG (haftungsbeschränkt) (hereinafter referred to as LSM) and its customers in the respective version valid at the time of the conclusion of the contract. The terms and conditions shall apply exclusively. Any terms and conditions of the customer that conflict with or deviate from our business relations will not be accepted, unless LSM has expressly agreed to them.

§ 2 Contract

(1) The description of the range of goods on our website does not constitute an offer to conclude a contract within the meaning of § 145 BGB. Contractual obligations, for example in the sense of a delivery obligation, do not arise from this.

(2) By sending an order, the customer makes an offer. The contract is concluded by LSM’s acceptance of the offer. The acceptance takes place by sending the ordered goods or by sending the shipping confirmation. Should the offer not be accepted by LSM, e.g. because the latter is unable to fulfil its contractual obligations, the customer will be notified accordingly.

§ 3 Revocation

The following right of revocation applies to all our business relations:

REVOCATION POLICY

Right of revocation:

The customer has the right to revoke this contract within fourteen days without stating. The revocation period is fourteen days from the day:

a) (in the case of a delivery) on which the customer or a third party designated by him, who is not the carrier, has taken possession of the goods;

b) (in the case of a contract for several goods which are delivered separately) on which the customer or a third party designated by him, who is not the carrier, has taken possession of the last goods;

c) (in the case of a contract for the supply of goods in several lots or pieces) on which the customer or a third party designated by him, who is not the carrier, has taken possession of the last consignment or piece;

d) (in the case of a contract for the regular delivery of goods over a fixed period of time) on which the customer or a third party designated by him, who is not the carrier, has taken possession of the first goods.

In order to exercise the right of revocation, the customer must inform:

Luis Schmidt Music UG (haftungsbeschränkt)
Drachenseestr. 4d, 81373 Munich, Germany
Phone: +49 (0) 89 / 743 88 244
Email: info[at]lsmpublishing.com

by means of a clear declaration (e.g. a letter sent by post or email) about his decision to revoke this contract. He may use the sample withdrawal form (see Appendix) for this purpose, which, however, is not mandatory. To comply with the period, it shall be sufficient for the customer to send the notice of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of revocation:

If the customer revokes the contract, LSM shall refund all payments received from the customer, including the delivery costs (except for any additional costs resulting from the fact that the customer has chosen another delivery method than standard delivery offered by LSM) without undue delay and at the latest within fourteen days of the day on which LSM receives the notification of revocation of the contract. For this repayment, LSM will use the same means of payment used by the customer in the original transaction, unless expressly agreed otherwise with the customer; in no case will the customer be charged for this repayment. LSM may refuse the repayment until LSM has received the goods back or until the customer has provided proof that he/she has returned the goods, whichever is the earlier.
The customer must return any received goods immediately and in any case at the latest within fourteen days from the day on which the customer informed LSM of the revocation of the contract to Luis Schmidt Music UG (haftungsbeschränkt), Drachenseestr. 4d, 81373 Munich, Germany. The deadline is met if the customer sends the goods before the expiry of the fourteen days. The customer shall bear the direct costs of returning the goods. The customer shall only be liable for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.

Exclusion of the right of revocation:

The right of revocation does not apply to contracts for the supply of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery, contracts for the supply of newspapers, periodicals or magazines with the exception of subscription contracts, contracts for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive, or which are clearly tailored to the personal needs of the consumer. The right of revocation shall also expire in the case of a contract for the supply of digital content not on a tangible medium if the trader has commenced performance of the contract after the consumer has given his express consent to this and at the same time confirmed his knowledge that he loses his right of revocation upon commencement of performance of the contract.

§ 4 Delivery

(1) Unless otherwise agreed, LSM is obliged to deliver the ordered goods to the address provided by the customer as soon as possible.

(2) LSM is entitled to make partial deliveries as far as this is reasonable for the customer.

(3) LSM will charge the customer for the costs of delivery in the amount stated in each case.

(4) All risks and dangers of shipment are transferred to the customer as soon as the goods are handed over to the commissioned delivery agent. This does not apply to consumers in the sense of § 13 BGB.

(5) Statements about possible delivery periods and delivery dates are non-binding, unless LSM gives an explicit written promise in individual cases. Should delivery not be possible on the part of LSM, the reasons will be explained on the invoice by the following numbers:

1 = article no lo longer available
2 = article only available for hire
3 = article available as print on demand
4 = article currently out of stock
5 = article fully available

§ 5 Payment

(1) The purchase price is due within 14 days after receipt of the goods.

(2) Payment shall be made either by bank transfer, direct debit (only possible in Europe) or credit card. LSM only accepts the above-mentioned methods of payment and is guided by the customer’s wishes with regard to these methods of payment.

(3) In the event of late payment, LSM is entitled to charge consumers within the meaning of § 13 BGB interest on arrears in the amount of 5% p.a. above the applicable base interest rate according to § 247 (I) BGB in conjunction with § 288 (I) BGB. For customers who are not consumers within the meaning of § 13 BGB, the interest on arrears shall amount to 9% p.a. above the respective applicable base interest rate in accordance with § 247 (I) BGB in conjunction with § 288 (II) BGB. In addition, the reservation of the assertion of further damages shall apply.

§ 6 Right of retention

The delivered goods shall remain our property until full payment of all claims against the purchaser arising from this contract.

§ 7 Warranty and liability

(1) LSM is liable for defects existing at the time of transfer of risk of the goods only for the duration of the statutory warranty period. In the case of contracts with consumers within the meaning of § 13 BGB, the warranty period is two years from receipt of the goods. If the customer is a consumer (§ 13 BGB), he/she shall notify LSM of obvious defects within 14 days, whereby timely dispatch of the notification shall suffice; in the case of non-obvious defects, notification within the statutory warranty period shall suffice. If the customer is an entrepreneur (§ 14 BGB), § 377 HGB shall apply to all defects.

(2) In case of a defect, LSM shall either remedy the defect or deliver a replacement.

(3) Any liability on the part of LSM for damages that do not concern the goods themselves, as well as for loss of profit or other financial losses of the customer is excluded, insofar as there is no intent or gross negligence. This exclusion of liability does not apply to injuries to life, body, or health.

§ 8 Data protection

Collection, processing and use of personal data: LSM is committed to protecting the privacy of all persons who shop at LSM or in the shop operated by LSM and to treat personal data confidentially. The basis for this is the respective applicable legal regulations. If and to the extent that LSM uses the data for the purpose of advertising, market or opinion research, the customer consents to this use. The customer has the right to object to such use at any time. The revocation is to be addressed to:

Luis Schmidt Music UG (haftungsbeschränkt)
Drachenseestr. 4d, 81373 Munich, Germany
info[at]lsmpublishing.com

The data received from the customer is primarily collected, processed, and used for the purpose of fulfilling the contract. Details can be found in our privacy policy.

§ 9 Final clauses

(1) The mandatory provisions of the law of the country in which the customer usually resides shall apply. German law shall apply in all other respects.

(2) Place of performance and place of jurisdiction are – as far as legally possible – in Munich, Germany.

(3) The invalidity of individual provisions shall not affect the remaining validity of the contract and these terms and conditions.

(4) We do not participate in dispute resolution proceedings in front of a consumer arbitration board.

Appendix