General Terms and Conditions

Article 1 Scope

1. The General Terms and Conditions detailed below apply exclusively to electronic business transactions between Bärenreiter-Verlag (Bärenreiter) and its customers. The version current at the time of the conclusion of the contract applies.

2. These are the sole General Terms and Conditions applying to electronic transactions. Customers’ terms which may conflict with, or diverge from, these terms and conditions of trade cannot be accepted.

Article 2 Introduction

1. The description of our range of goods on the internet should not be regarded as an offer to conclude a contract within the meaning of Section 145 of the German Civil Code (BGB), rather it is only for the information of the customer. Bärenreiter does not accept contractual obligations, such as terms of a delivery guarantee, at this stage.

2. At the time of placing an order with Bärenreiter, the customer expresses an intention to conclude a contract. Bärenreiter will reply by e-mail or similar method to the customer confirming receipt. In the case of inaccuracies of specific details about the range of goods on the website Bärenreiter agrees to bring these to the attention of the customer after receiving his/her order and will make him/her an appropriate alternative offer.

3. The contract with Bärenreiter comes into force at the time Bärenreiter accepts an offer. Acceptance is under the express proviso that the goods are in fact available. A separate declaration of acceptance by Bärenreiter to the customer is therefore not deemed necessary. In the case of Bärenreiter’s inability to accept an offer, this will be notified to the customer in electronic form.

Article 3 Right of revocation for consumers

You have the right to cancel your contractual acceptance in writing (by e.g. letter, fax, e-mail) within one month as specified below without specifying reasons or – in the case the goods are delivered to you before the expiry date – by returning the item. The notice period commences after receipt of the instructions in writing but not prior to the date the goods have been received by the consignee (and with recurring deliveries of similar goods, not before the receipt of the first part delivery) and also not before the completion of our obligation to supply information under Section 312c paragraph 2 of the German Civil Code in combination with Section 1 paragraphs 1, 2 and 4 of the Regulation on Reporting Requirements of the German Civil Code as well as our obligations according to Section 312e paragraph 1 clause 1 of the German Civil Code in combination with Section 3 of the Regulation on Reporting Requirements of the German Civil Code. In order not to exceed the end of the revocation period, it will suffice to send the revocation notice or the goods in good time. The revocation should be addressed to:

Bärenreiter-Verlag Karl Vötterle GmbH & Co. KG
Heinrich-Schütz-Allee 35 · D-34131 Kassel
E-Mail: info@baerenreiter.com
Tel. ++49 (0) 561 3105 0
Fax ++49 (0) 561 3105 240

Consequences of revocation
For a revocation to be effective both parties agree to return any goods or reimburse any payments received (e.g. interest) as appropriate. If the goods received cannot be returned in their entirety or partially, or only in an impaired condition, you are obliged to reimburse us. This does not apply if the returned goods were faulty and this would have been noticed had the purchase been made, for example, in a shop. The obligation to pay compensation for goods that have deteriorated in spite of correct handling can be avoided altogether if you stop using them further and refrain from treating the goods as your own property and refrain from doing anything which will detract from their value. Goods which can be packaged are to be returned at our risk. Return costs are your responsibility if the goods supplied correspond with those ordered and if the price of the items to be returned does not exceed a value of 40 Euros or if, in the case of a more expensive item you have not fulfilled your part of the agreement or made a contractually agreed part payment at the point of the revocation. In all other cases the cost of returning the goods is borne by us. Goods which cannot be transported in packaged form will be collected by us. Payments must be refunded within 30 days. The time limit begins for you with the despatch of your notice of revocation or the goods, for us with their receipt. End of right of revocation

The right of revocation does not apply to contracts

a) for the delivery of flowers or other rapidly perishable goods;

b) for the delivery of goods, which for reasons of their nature are unsuitable for return (e.g. e-books, downloads etc.);

c) for the delivery of newspapers, periodicals and magazines;

d) for the delivery of audio or video recordings or software where the seal on the data carrier has been broken by the customer;

e) for the delivery of goods which were prepared to the customer’s specifications (e.g. personal books).

Otherwise the legal exceptions according to Section 312 d paragraph 4 of the German Civil Code apply.

Article 4 Supply of goods ordered

1. Bärenreiter will supply the ordered goods as quickly as possible to the address given by the customer in the order. 2. The costs for the separate deliveries will be charged by Bärenreiter to the customer in the respective stated amounts. All risks of shipping pass to the customer as soon as the goods are transferred from Bärenreiter to the commissioned supplier. This does not apply in cases where the customer is a consumer within the meaning of Section 13 of the German Civil Code.

3. Information about delivery dates are non-binding, unless Bärenreiter has informed the customer in writing in a particular case.

Article 5 Retention of title

Goods supplied remain the property of Bärenreiter until complete payment of all claims outstanding against the customer has been received.

Article 6 Settlement date and payment of the purchase price

1. Payment of the purchase price is due within 10 days of receipt of the consignment.

2. Payment can be made either by direct debit (applicable to Germany only), bank transfer or credit card. Bärenreiter is guided by the customer’s wishes with regard to payment methods.

3. In the case of delayed payment, Bärenreiter is entitled to charge the customer according to Section 13 of the German Civil Code default interest amounting to 5 % p.a. above the prevailing base rate as determined in Section 247 paragraph I of the German Civil Code. For customers who are not consumers within the meaning of Section 13 of the German Civil Code, the default interest rate is 8 % p.a. above the prevailing base rate as determined by Section 247 paragraph I of the German Civil Code.
In addition Bärenreiter reserves the right to enforce further damages.

4. The customer is only entitled to offset inasmuch as his/her counterclaims are recognised in law or unchallenged by Bärenreiter.

Article 7 Guarantee in the case of defects

1. Bärenreiter is liable for defects which are present at the point of delivery, but liability is limited to the duration of the legal warranty period.

2. Any defects which appear must be promptly notified in writing to Bärenreiter. In the event that Bärenreiter is responsible for a defect, Bärenreiter undertakes either to rectify this or supply a replacement item according to the customer’s wishes.

3. Bärenreiter does not accept liability for claims which do not relate directly to the goods, or for lost earnings or other financial losses incurred by the customer unless due to malicious intent or gross negligence. This disclaimer does not apply to injuries to life, body or health.

Article 8 Data protection

All our customers’ data is treated confidentially. The storage and processing of this data takes place exclusively within the extent permitted by the customer and whilst strictly observing the legal requirements, as for example in the German Data Protection Act or the Information or Communication Services Act. This data will only and exclusively be used in fulfilment of this contract, or by members of the Bärenreiter group of companies. Bärenreiter is entitled to share the personal data of the customer in the framework of an exchange of data with members of the Bärenreiter group of companies for the purposes of checking creditworthiness and validity. In addition, Bärenreiter is entitled to communicate personal data to SCHUFA (credit reference agency).

Article 9 Final clauses

1. This contract is subject to the law of the Federal Republic of Germany. The UN Convention on the International Sale of Goods does not apply. The place of fulfilment and jurisdiction is Kassel.

2. The invalidity of individual provisions does not affect the remaining effectiveness of the remaining articles of the contract and these General Terms and Conditions.