§1 General Area of Application
These terms and conditions regulate the contractual relation between musiXcard GmbH (General Manager: Daniel Höck) and the purchaser, as valid at the time the order occurs. They shall apply to all deliveries within the Federal Republic of Germany.
§2 Contract Conclusion, Purchase Price Payment and Purchaser’s Defaulting
1. musiXcard GmbH offers through the Internet only a noncommittal request to the purchaser to submit an offer.
2. After submitting his order and thus submitting an offer to contract conclusion, the purchaser receives a confirmation of his order to his specified E-Mail address. This represents the acceptance of the contract by musiXcard GmbH.
3. The payment of the goods will be made by prepayment i.e. wire transfer of the total amount (determined by the indicated purchase price plus resulting shipping costs) on the account of musiXcard GmbH or by using alternative payment methods provided by musiXcard GmbH.
4.
With contract conclusion the purchaser commits himself to transfer immediately the total amount to the account of musiXcard.
5. The purchase price will be charged with default interest if the purchaser delays the payment. The annual interest rate will be determined with five per cent points over the basis interest rate.
6. Furthermore musiXcard the GmbH agrees to accept credit notes to the PayPal account of musiXcard GmbH as payment of the debt (§364 II BGB) (Provider is PayPal (Europe) S.à r.l. & Cie, S.C.A., 5. Floor, 22-24 Boulevard Royal, L-2449, Luxembourg). The contractual relations between PayPal and its customers are governed exclusively by the terms and conditions of PayPal.
§3 Delivery
1.The delivery occurs with shipping the object of purchase to the electronically communicated shipping address of the buyer.
2. The delivery occurs only after receipt of payment of the total amount on the account indicated by §2 or for credit notes in the sense of §2 No. 6 of this Terms and Conditions.
§4 Right of cancellation
musiXcard GmbH is entitled to immediate cancellation of the contract with the purchaser if subsequent to contract conclusion one of the following specified material reasons occurs:
1. Deficiency of raw materials
2. Erroneous or not in time self supply.
This does not apply if musiXcard GmbH is culpable responsible for the non-delivery. musiXcard GmbH commits itself to inform the purchaser as far as possible immediately about the unavailability of the service. Already exchanged services, in particular already paid total amounts by the purchaser, are immediately refunded.
§5 Liability for defects
1.In case of deficiency legal regulations apply. musiXcard GmbH is not responsible for further damage, which the purchaser suffers due to deficient supply.
2. This disclaimer of liability does not apply to damage with injury for life, body or health, due to deliberate or negligent obligation defiance of musiXcard GmbH or deliberate or negligent obligation defiance of their legal representative or subcontractor.
3. Furthermore this disclaimer of liability does not apply for other damage due to deliberate or negligent obligation defiance of musiXcard GmbH or to deliberate or negligent obligation defiance of their legal representative or subcontractor.
§6 Conditional sale
The goods are property of musiXcard GmbH until full debts are paid.
§7 Set-off
The purchaser is entitled for set-off only if its counterclaims are legally binding or are recognized by musiXcard GmbH.
§8 Right of Revocation
We expressly point out that no two-week right of revocation applies, despite the German Distance Contract (Fernabsatzvertrag). This is excluded in case of custom made plastic cards (§312d IV No. 1 BGB).
Terms and Conditions of musiXcard GmbH, Adalperostrasse 82, D-85737 Ismaning bei München
Tel.: +49-8946137212
Registry office: AG Munich
Trade register number: HRB 176350
VAT-ID number: DE263237797
General Manager: Daniel Höck