(1) These general conditions of trade are valid for all business dealings between Stretta Music GmbH (hereafter: Stretta Music) and its customers, in the version currently in force at the time when the contract is concluded.
(2) Stretta Music's general conditions of trade are exclusively valid. Any conditions of the customer to the contrary, or those which diverge from the conditions of Stretta Music, will be recognised only if Stretta Music has agreed to them in writing.
(1) Ordering goods via the internet, E-mail, telephone, fax or other methods of communication represents an offer to us to enter into a contract of sale. When you order goods from Stretta Music, we will send you an E-mail which confirms receipt of your order and lists the details (order confirmation). This order confirmation does not represent acceptance of your offer, but is merely to inform you that your order has been received.
(2) A contract of sale does not come into effect until we deliver the goods you have ordered or until we confirm their dispatch with a second E-mail (confirmation of dispatch). No contract of sale comes into effect for products from one and the same order which are not included in the confirmation of dispatch.
(1) We will deliver the goods ordered to the address given in the order as soon as possible. If part-deliveries are necessary, we will bear any additional delivery charges.
(2) Information about estimated delivery dates is not binding.
(3) In the case of deliveries to countries outside Germany, import duties may be incurred which must be borne by the customer. These vary according to the customs territory. The customer is responsible for the correct payment of any customs duties and charges.
(1) Stretta Music accepts only those methods of payment of which the customer is informed at the time of ordering.
(2) The purchase price and any delivery charges become due for payment when the contract comes into effect.
Delivered goods remain the property of Stretta Music until all payments from the contract of sale have been received. If the customer does not fulfil his obligation to pay after being sent a reminder, Stretta Music is entitled to withdraw from the contract, after previously setting a suitable time limit, and to demand the surrender of the goods which are still its property. Redemption or seizure of the goods by Stretta Music represents a withdrawal from the contract. Any costs incurred must be borne by the customer. Stretta Music is entitled to utilise such goods after their retrieval. Any proceeds from their sale will be offset - with an appropriate deduction for expenses incurred in their utilisation - against the customer's liabilities.
You have the right to cancel this contract within 14 days without giving reasons. The cancellation period is 14 (fourteen) days from the date on which you or a third party nominated by you, other than the carrier, take possession of the goods.
To exercise your right of cancellation, please inform us of
Stretta Music GmbH
Phone: +49 (0)9306 98522-0
within a unique declaration (e.g. a letter sent by mail, fax or email) of your decision to cancel this contract.
To guarantee the cancellation period it is sufficient to submit the notice of implementation of the right of cancellation before the cancellation deadline has expired.
If you cancel this contract, we are obliged to repay all payments that we have received from you including delivery charges (except for additional costs arising from choosing a different type of delivery to the cheap, standard delivery offered by us) without delay and at the latest within fourteen (14) days from the date on which the notice of cancellation of this agreement is received. We use the same means of payment for this repayment that you used in the original transaction, unless something else has been expressly agreed with you; in no instances will fees be charged for this repayment.
We may refuse to refund payments until we have received the goods again or until you have demonstrated that you have returned the goods, whatever is sooner. You must return or hand over the goods promptly and in any case no later than fourteen days from the date on which you have informed us about the cancellation of this agreement. The deadline is guaranteed, if you send the goods before expiration of the fourteen day period.
You must bear the direct costs of returning the goods. You will only be liable for any possible loss in value of the goods, if this loss in value is attributable to their unnecessary handling for testing, properties and function of the goods.
(1) Stretta Music will accept responsibility for any defects in the goods at the time of their delivery, in accordance with legal warranty regulations. In the case of contracts with consumers, the period of warranty is limited to two years from the date of delivery of the goods.
(2) In the case of orders placed by customers who are business traders in the legal sense of the term, the warranty is limited to a period of one year.
(1) The legal relationship between the customer and Stretta Music is exclusively governed by German law with no recourse to the referral norms of International Private Law and under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If the customer is a consumer, the laws of the customer's place of residence may be also be applied if mandatory consumer protection regulations are involved.
(2) If the customer is a business trader, the sole place of jurisdiction for all claims arising from this business relationship is Würzburg.
(3) In case one or more stipulations of these General Terms and Conditions of Trade, in whole or part, be deemed ineffective or lose their legal validity at a later date, the validity of the remainder of the contract is not affected thereby.