§ 1 General

1. These General Terms and Conditions, in their currently valid version, apply to all business relationships of any kind between Thomann GmbH, Hans-Thomann-Straße 1, 96138 Burgebrach (hereinafter referred to as "Musikhaus Thomann") and the customer. Customers may be either businesses or consumers. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity (Section 13 of the German Civil Code). A business is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its commercial or independent professional activity (Section 14 of the German Civil Code).
2. The presentation of products in the online shop does not constitute a legally binding offer, but merely a non-binding online catalog of the product range. By clicking the "Buy" button, the customer submits a binding order for the goods contained in the shopping cart. Confirmation of receipt of the order follows immediately after the order is submitted. The purchase contract is only concluded upon our separate order confirmation. The contract text is saved, and the order details and the General Terms and Conditions are sent to the customer by email. All previous orders can be viewed by the customer in the login area.
3. Thomann Music House reserves the right not to fulfill the promised service if, after conclusion of the contract, it turns out that the goods are unavailable despite a corresponding binding agreement having been concluded. In such a case, the customer will be notified immediately. Any payments already made will be refunded immediately. Further claims against Thomann Music House are excluded.
4. The contract language is German.
5. Specifically, when placing an order in the online shop, the customer goes through the following technical steps:
   
   • Click on the "proceed to checkout" button in the displayed shopping cart.
   • You will be redirected to the general order overview page (thomann.de checkout), where you will then go through the individual purchase steps.
   • Step 1: Select the "Billing and Delivery Address" (in case the customer does not have a customer account and is not logged in; otherwise, the billing and delivery address are already stored)
     
     • Enter the "billing address"
     • If the billing and delivery addresses are not identical, you can enter a "different delivery address" by clicking the checkbox.
   • Step 2: The next section displays an overview of all items in your order; you have the option to change the contents of your shopping cart.
   • Step 3: Selecting the "Payment Method" (by clicking on the desired payment method)
   • Step 4 : Select the "More options" option by clicking (different delivery address, shipping date, redeem Thomann voucher, comment/note regarding the order)
   • Complete the order by clicking the "Buy" button.

The customer can access each of the listed order steps via the standard functions of their internet browser.

§ 2 Delivery

1. If the customer is a 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 or accidental damage to the goods sold, even in the case of mail order purchases, only passes to the customer upon delivery of the goods. Delivery is deemed to have occurred if the buyer is in default of acceptance. Delivery is made to the delivery address specified by the customer.
2. All prices are cash prices including VAT plus any applicable packaging and transport costs.
3. Delivery within Germany costs €3.90 per order. We offer free shipping within Germany for orders over €29.00. Shipping costs to other countries can be found under Shipping Costs. Deliveries to countries outside Germany may be subject to additional customs duties and fees.
4. If the customer is a merchant as defined by the German Commercial Code (HGB), the goods must be inspected for transport damage immediately upon receipt by the customer or their representative. Any transport or packaging damage that can be detected must be confirmed in writing by the transport company upon acceptance of the goods and reported to Musikhaus Thomann. Consumers are kindly requested, though not legally obligated, to also report any obviously visible transport damage to us.

§ 3 Statutory Right of Withdrawal

1. Right of withdrawal

   If the customer is a consumer (Section 13 of the German Civil Code), they have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which the customer or a third party designated by them, who is not the carrier, takes possession of the last goods.
   To exercise the right of withdrawal, the customer must inform us (Thomann GmbH, Hans-Thomann-Straße 1, 96138 Burgebrach, Germany, Telephone: +49 9546 9223-66, Fax: +49 9546 9223-24, Email: kundenservice@thomann.de) of their decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post, fax or email). They may use the attached model withdrawal form, but this is not obligatory.
   To meet the cancellation deadline, it is sufficient for the customer to send the notification of exercising the right of cancellation before the cancellation period expires.

2. Consequences of the revocation

   If the customer withdraws from this contract, we will reimburse all payments received from them, including delivery costs (excluding any additional costs incurred if the customer chose a delivery method other than our cheapest standard delivery option), without undue delay and no later than fourteen days from the day on which we received notification of the withdrawal. For this reimbursement, we will use the same payment method that the customer used for the original transaction, unless expressly agreed otherwise; in no case will the customer be charged any fees for this reimbursement. We may withhold reimbursement until we have received the goods back or the customer has supplied evidence of having sent back the goods, whichever is the earliest.
   The customer must return or hand over the goods to us without undue delay and in any event no later than fourteen days from the day on which they communicate their withdrawal from this contract to us. The deadline is met if the customer sends the goods before the period of fourteen days has expired. We will bear the costs of returning the goods.
   The customer is only liable for any diminished value of the goods if this diminished value is due to handling of the goods that was not necessary for testing their condition, properties, and functionality.

3. Exclusion of the right of withdrawal

   The right of withdrawal does not apply in the case of
   
   • Supply of goods that are not prefabricated and for whose production an individual selection or specification by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
   • Delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
   • Supply of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery,
   • Delivery of newspapers, magazines or illustrated magazines, with the exception of subscription contracts.

§ 4 Thomann 30-Day Money-Back Guarantee (Extended Return Policy)

1. In addition to the statutory 14-day right of withdrawal, Thomann Music House offers consumers a money-back guarantee for the following 16 days. Customers can return goods received from us within 30 days without giving any reason by sending them back. The period begins after complete receipt of the goods. Timely dispatch of the goods or the return request is sufficient to meet the deadline. The right of return can only be exercised by returning the goods, unless the goods cannot be sent as a parcel. Goods that cannot be sent as a parcel will be collected from you by a transport company commissioned by us. Therefore, prior contact with Customer Service (see Section 3, Point 1 for contact details) is recommended.
2. The 30-day money-back guarantee applies to both distance selling contracts according to § 312c BGB and to items purchased on-site at the Thomann music store.
3. Thomann Music House covers the return shipping costs. They provide so-called "Free-Way vouchers" for this purpose (these are not a prerequisite for reimbursement of return shipping costs; if returning without a Free-Way voucher, please refrain from using express or collect shipping options). Goods that cannot be shipped via parcel service will be collected by a transport company commissioned by us. Unfortunately, Thomann Music House cannot cover return shipping costs for customers outside of Germany under the 30-day money-back guarantee.
4. The right of return for orders of shrink-wrapped or sealed data carriers such as CDs, audio cassettes, videos, DVDs, but also newspapers and magazines as well as software only applies if the corresponding goods are returned to us in the shrink wrap or with an undamaged seal.
5. The right of return is completely excluded for goods made to customer specifications, items sold by the meter, consumables (e.g., strings, sticks, drumheads, cables, picks, reeds), or items that cannot be returned for hygienic reasons (e.g., harmonicas). The same applies to items with special safety features where, as a result of use, the continued existence of these safety features can no longer be guaranteed (e.g., stage molton due to flame retardancy).
6. If the customer makes use of their right to return the goods, Thomann Music House is entitled to demand a reasonable usage fee for the time the goods remain with the customer.
7. Furthermore, if a customer exercises their right of return, they must compensate Musikhaus Thomann for any reduction in value or the value of the goods if they are unable to return them properly due to damage, loss, or other reasons attributable to them. This does not apply if the deterioration of the goods is solely attributable to their inspection – as would have been possible for the customer in a physical store, for example. Moreover, the customer can avoid the obligation to compensate for the diminished value by not using the goods as if they were their own property and by refraining from any actions that impair their value.
8. If individual components of a bundle or set are returned within the 14-day cancellation period or the Thomann 30-day money-back guarantee, the items remaining with the customer will be charged at the regular sales price.
9. Please note that the conditions mentioned in § 4 do not apply during the first 14 days (statutory right of withdrawal according to § 3 of the terms and conditions) of the 30-day money-back guarantee, but only during the following 16 days.

§ 5 Warranty and Compensation

1. Defects or damage resulting from culpable or improper handling or installation, as well as the use of unsuitable accessories or modifications to the original parts by the customer or a third party not commissioned by Thomann Music House, are excluded from the warranty.
2. Wear and tear resulting from normal use is also excluded from the warranty.
3. If the customer accepts the goods or the subject of the order despite knowledge of a defect, warranty claims to the extent described below are only available if the customer expressly reserves these rights in text form (e.g. email) immediately after receiving the goods.
4. Warranty claims due to existing transport damage are only valid if the customer has complied with their obligation to inspect and report the damage in accordance with Section 2, Paragraph 4. This does not apply if the customer is a consumer.
5. The warranty period for new goods is 24 months. This period begins upon transfer of risk. The warranty period for used goods is 12 months, unless Musikhaus Thomann is subject to unlimited liability under Section 5, Paragraph 7, particularly for injury to life, body, or health. If the customer is a business, the warranty period for new goods is one year and for used goods six months from the transfer of risk, unless Musikhaus Thomann is subject to unlimited liability under Section 5, Paragraph 7, particularly for injury to life, body, or health.
6. Furthermore, the warranty is governed by statutory regulations.
7. Thomann Music House is liable for damages other than those resulting from injury to life, body, or health only to the extent that such damages are caused by intentional or grossly negligent conduct or by a culpable breach of a material contractual obligation by Thomann Music House or one of its agents (e.g., the delivery service). Any further liability for damages is excluded. The provisions of the Product Liability Act remain unaffected. If a material contractual obligation is breached negligently, Thomann Music House's liability is limited to foreseeable damages.

§ 6 Three-year Thomann guarantee

In addition to the statutory warranty, Thomann Music House offers a 3-year guarantee in accordance with the following regulations:

1. Thomann Music House provides a warranty for all defects that occur within a period of three years from the transfer of risk and that are demonstrably attributable to a material or manufacturing defect. The warranty claim is only valid for customers who are consumers and is non-transferable.
2. The following are excluded from the warranty:
   • Used equipment
   • Computer items and accessories, unless otherwise stated in the respective item description.
   • Products that are subject to wear and tear due to use or other factors.
   • Product defects resulting from failure to follow operating instructions, improper use, abnormal environmental conditions, unsuitable operating conditions, overloading, or lack of maintenance or care.
   • Product defects caused by the use of accessories, add-ons or replacement parts that are not original parts.
   • Products that have been modified or supplemented.
   • Minor deviations from the target condition that are irrelevant to the value and usability of the product.
3. Thomann Music House will remedy any defect recognized as covered by its warranty by either repairing the defective product free of charge or replacing it with a flawless product (possibly a successor model), at our discretion. Replaced products or parts become the property of Thomann Music House.
4. Warranty claims must be made within the warranty period. To do so, the affected product must be returned to Thomann Music House along with a copy of the invoice, requesting a so-called "Free-Way Voucher".
5. This warranty does not establish any claims other than the right to rectification of defects in the product as stated in these warranty conditions.
6. Providing warranty services does not extend or restart the warranty period for the product.
7. The customer's warranty rights under Section 5 and under the statutory provisions are not limited by these warranty conditions.

§ 7 Due Date and Payment Terms

1. Unless otherwise agreed in writing, invoices from Thomann Music House are payable immediately and without deduction. Payment is made upon delivery by cash on delivery. Orders paid in advance will only be shipped after payment has been received. For credit card payments, the actual charge is processed upon invoicing and shipment of the goods. The total amount is reserved on the customer's credit card immediately upon submission of the online order.
2. Thomann Music House reserves the right to refuse checks and other non-cash payment methods. Acceptance is always subject to collection. Payments in foreign currency will be credited according to the bank statement. Bank charges are to be borne by the customer.
3. If the customer defaults on payment of the purchase price, the outstanding amount will accrue interest at a rate of five percentage points above the respective base interest rate during the period of default. If Thomann Music House can prove that it has incurred higher damages due to the default, Thomann Music House is entitled to claim these damages.

§ 8 Retention of Title

1. Until full payment of all outstanding claims against the customer, including all ancillary claims, the delivered goods remain the property of Thomann Music House, provided the customer is a merchant as defined by the German Commercial Code (HGB). In contracts with consumers, Thomann Music House retains title to the goods until full payment of the purchase price.
2. The customer is not entitled to sell the goods to third parties or take any other actions that could jeopardize Thomann's ownership rights until the purchase price has been paid in full. The customer hereby assigns to Thomann all future claims against the purchaser up to the amount of the purchase price agreed between Thomann and the customer, including interest and ancillary claims. Thomann accepts this assignment.

§ 9 Place of performance and jurisdiction

1. German law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If the buyer is a consumer, this applies only to the extent that the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence is not thereby withdrawn.
2. The place of performance for all services arising from the business relationship with Musikhaus Thomann is Burgebrach, provided the customer is a merchant, a legal entity under public law or a special fund under public law.
3. If the customer is a merchant, a legal entity under public law or a special fund under public law, Bamberg shall be 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.

§ 10 Alternative Dispute Resolution

The seller is neither obliged nor generally willing to participate in dispute resolution proceedings before a consumer arbitration board.

§ 11 Final Provisions

Should any of these provisions – for whatever reason – not apply, the validity of the remaining provisions shall not be affected.