General terms and conditions with customer information

(The following General Terms and Conditions also contain legal information on your rights in accordance with the provisions on contracts in distance selling and electronic business transactions).

1. scope of application
2. offers and descriptions of services
3. order process and conclusion of contract
4. prices and shipping costs
5. delivery, availability of goods
6. payment modalities
7. retention of title
8. warranty for material defects and guarantee
9. liability
10. right of withdrawal
11. exclusion of the right of withdrawal
12. returns
13. storage of the contract text
14. data protection
15. place of jurisdiction, applicable law, contract language

1. scope of application

1.1 The business relationship between AMV Alcántara Musikverlag, owner: Victor Alcántara, Pfeuferstr. 51, 81373 Munich, Germany (hereinafter “Seller”) and the customer (hereinafter “Customer”) is governed exclusively by the following General Terms and Conditions in the version valid at the time of the order.
1.2 You can contact our customer service for questions, complaints and objections by e-mail at shop@victoralcantara.de
1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for a purpose which cannot be attributed to either his commercial or his self-employed professional activity (§ 13 BGB).
1.4 Divergent conditions of the customer are not recognized, unless, the salesman agrees their validity expressly in writing.

2. offers and descriptions of services

2.1 The presentation of the products in the online shop is not a legally binding offer, but an invitation to place an order. Performance descriptions in catalogues as well as on the websites of the seller do not have the character of an assurance or guarantee.
2.2 All offers are valid “while stocks last” unless otherwise stated in the products. Errors excepted for the rest.

3. order process and conclusion of contract

3.1 The Customer may select products from the Seller’s range without obligation and collect them in a so-called shopping basket via the button [in the shopping basket].
3.2 The Customer can then proceed to the completion of the order process within the shopping basket via the [proceed to checkout] button.
3.3 Using the [Buy] button, the Customer makes a binding offer to purchase the goods in the shopping basket. Before submitting the order, the Customer may change and view the data at any time. Required information is marked with an asterisk (*).
3.4 The Seller shall then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer’s order is listed again and which the Customer can print out using the “Print” function (order confirmation). The automatic acknowledgement of receipt only documents that the customer’s order has been received by the seller and does not constitute acceptance of the application. The sales contract is only concluded when the seller has dispatched or handed over the ordered product to the customer within 2 days or has confirmed the dispatch to the customer within 2 days with a second e-mail, express order confirmation or sending of the invoice.
3.5 If the seller makes a prepayment possible, the contract is concluded with the provision of the bank details and payment request. If the payment has not been received by the seller within 10 calendar days after the order confirmation has been sent despite the due date, even after renewed request, the seller withdraws from the contract with the consequence that the order is invalid and the seller is not obliged to deliver. The order is then settled for the buyer and seller without further consequences. A reservation of the article with prepayment takes place therefore at the latest for 10 calendar days.

4. prices and shipping costs

4.1 All prices stated on the seller’s website do not include VAT: invoices are issued without VAT being shown in accordance with Section 19 (1) UStG.
4.2 In addition to the prices quoted, the Seller shall charge shipping costs for the delivery. The shipping costs will be clearly communicated to the Buyer on the shipping costs page and during the ordering process.

5. delivery, availability of goods

5.1 If no copies of the product selected by the customer are available at the time the order is placed, the seller shall inform the customer of this in the order confirmation. If the product is permanently unavailable, the Seller shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.
5.2 If the product specified by the customer in the order is only temporarily unavailable, the seller shall also inform the customer of this immediately in the order confirmation. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the seller shall also be entitled to withdraw from the contract. In this case, the seller will immediately reimburse any payments already made by the customer. If advance payment has been agreed, delivery shall take place after receipt of the invoice amount.

6. payment modalities

6.1 The customer may choose from the available payment methods within the framework of and before completion of the order process.
6.2 If payment by invoice is possible, payment must be made within [30 days] of receipt of the goods and invoice. For all other payment methods, payment must be made in advance without deduction.
6.3 If third party providers are commissioned with the payment processing, e.g. Paypal. their general terms and conditions apply.
6.4 If the due date of the payment is determined according to the calendar, the customer is already in default by missing the date. In this case, the customer has to pay default interest in the amount of 5 percentage points above the base rate.
6.5 The customer’s obligation to pay default interest does not exclude the assertion of further default damages by the seller.
6.6 The customer shall only be entitled to set-off if his counterclaims have been legally established or acknowledged by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.

7. retention of title

The delivered goods remain the property of the seller until full payment has been made.

8. warranty for material defects and guarantee

8.1 The warranty shall be governed by statutory provisions.
8.2 A guarantee exists for the goods delivered by the seller only if this has been expressly given.

9. liability

9.1 The following exclusions and limitations of liability shall apply to the Seller’s liability for damages, notwithstanding the other statutory conditions for claims.
9.2 The Seller shall have unlimited liability insofar as the cause of the damage is based on intent or gross negligence.
9.3 Furthermore, the Seller shall be liable for the slightly negligent breach of essential duties, the breach of which endangers the achievement of the purpose of the contract, or for the breach of duties, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the Customer regularly relies. In this case, however, the Seller shall only be liable for the foreseeable damage typical of the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those specified in the preceding sentences.
9.4 The foregoing limitations of liability shall not apply in the event of death, personal injury or damage to health, in the event of a defect after acceptance of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5 Insofar as the Seller’s liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

10. right of withdrawal

– Beginning of the cancellation instruction for consumers –

Withdrawal by express written declaration

Every customer can withdraw from the contract within 14 days after receipt of the goods by sending a written declaration of withdrawal without giving reasons. It is sufficient if the notice of withdrawal is sent within this period (the date of the postal receipt decides). In this case, the customer is demonstrably obliged to return the goods immediately. The return costs (postage) are to be borne by the customer. If the goods have been used and/or damaged, the customer shall pay the seller a reasonable fee for the use of the goods, including reasonable compensation for the damage incurred, up to a maximum of the value of the goods. The notice of withdrawal must be sent to the following address:

AMV Alcantara Music Publisher

Pfeuferstr. 51

81373 Munich, Germany

Withdrawal by simple return of the goods

The customer can also exercise his right of withdrawal by simply returning the goods to the seller within 14 days of receipt without written notice of withdrawal. In this case, the timely dispatch of the goods is sufficient to meet the deadline. Prerequisite for this form of exercising the right of withdrawal by simply returning the goods is that the goods are not damaged or used and the return is sufficiently stamped. Exclusively in the case of a wrong or defective delivery, the seller bears the return costs (postage).

The risk of the return as well as its proof lies in each case with the customer. In the case of a withdrawal of the customer (by express explanation or simple return of the commodity), the salesman pays back immediately the purchase price already paid – forwarding expenses are not refunded. If the order is placed on open account, the amount will be credited to the customer’s account.

– End of the resignation instruction for consumers –

11. notes on the exclusion of the right of withdrawal

The right of withdrawal does not apply to the delivery of goods which are manufactured according to customer specifications or clearly tailored to personal needs or to the delivery of audio or video recordings or software, provided that the delivered data carriers have been unsealed by you.

12. returns

12.1 Customers are asked to report the return to the Seller [Add phone number and/or email address and/or contact page] prior to returning the goods to the Seller in order to announce the return. In this way, they enable the seller to assign the products as quickly as possible.
12.2 Customers are requested to return the goods to the Seller as a postage paid parcel and to retain the proof of posting. The seller will reimburse the customer for postage costs in advance if requested to do so, unless these are to be borne by the buyer himself.
12.3 Customers are asked to avoid damage to or contamination of the goods. If possible, the goods should be returned to the seller in their original packaging with all accessories. If the original packaging is no longer in the Seller’s possession, other suitable packaging should be used in order to provide adequate protection against transport damage and to avoid any claims for damages due to damage caused by defective packaging.
12.4 The modalities mentioned in this section (No. 12) of the General Terms and Conditions are not a prerequisite for the effective exercise of the withdrawal in accordance with No. 10 of these General Terms and Conditions.

13. storage of the contract text

13.1 The seller saves the contract text of the order. The GTC are available online. The customer can print out the contract text before submitting the order to the seller by using the print function of his browser in the last step of the order.
13.2 The Seller shall also send the Customer an order confirmation with all order data to the e-mail address provided by the Customer. Furthermore, the customer receives a copy of the GTC with his order.

14. data protection

14.1 The Seller shall process personal data of the Customer for the intended purpose and in accordance with the statutory provisions.
14.2 The personal data provided for the purpose of ordering goods (such as name, e-mail address, address, payment data) shall be used by the Seller for the fulfilment and execution of the contract. This data will be treated confidentially and will not be passed on to third parties who are not involved in the ordering, delivery or payment process.
14.3 The Customer has the right, upon request and free of charge, to obtain information about the personal data stored about him by the Seller. In addition, he has the right to correct incorrect data, block and delete his personal data, unless there is no legal obligation to retain.
14.4 Further information on the type, scope, place and purpose of the collection, processing and use of the required personal data by the Seller can be found in the data protection declaration.

15. place of jurisdiction, applicable law, contractual language

15.1 The place of jurisdiction and performance shall be the Seller’s registered office if the Buyer is a merchant, a legal entity under public law or a special fund under public law.
15.2 German law shall apply. This shall not apply if mandatory consumer protection regulations stand in the way of such an application.
15.3 The contractual language shall be German.