Terms and Conditions

General Terms and Conditions (T&C) for Carus-Verlag GmbH & Co. KG

 

§ 1 Area of Validity

The subject of these General Terms and Conditions of Business, including the obligations according to the Long Distance Selling Act, is the regulation of all contracts made between purchasers and Carus-Verlag GmbH & Co. KG insofar as they refer to the transactions of ordering which are carried out by the use of electronic telecommunications. All services shall be rendered only in accordance with the version of the following terms and conditions valid at the point in time at which an order is placed, provided that no express written agreements have been made. Differing conditions for purchasers will not be recognized by the publisher, unless it has agreed expressly to their validity.

 

§ 2 Conclusion of a Contract

The description of an assortment of goods serves – as does the printed catalog – soley to provide information to the customer. In this connection it does not consist of an offer to conclude a contract in the sense of § 145 BGB. A customer's order represents a binding offer to conclude a sales conctract; this also applies to orders placed through the internet. When placing an order via the internet the customer receives a confirmation of the order via e-mail. Should isolated information on the website with regard to the assortment of goods be incorrect, the publisher will inform the customer of this situation after the customer has received the order and make a counter offer. In the statement confirming the order there is no explanation for the acceptance; the sales contract is completed with the sending of the merchandise together with the invoice. A special explanation of acceptance by the publisher as opposed to the customer has not been issued; the customer forgoes this in accordance with §151 S.1 BGB. If the publisher does not accept this offer, the customer will be immediately informed.

 

§ 3 Right of Revocation for Consumers

 

 

 Right of revocation

You have the right to revoke your contractual acceptance in writing within fourteen (14) days without stating any reasons. The fourteen-day revocation period commences upon the day you or a designated third party have received the merchandise. In order to exercise your right of revocation you must inform us with an explicit declaration (e.g., via letter, telefax, e-mail) of your decision to revoke this contract. Please send this to:

Carus-Verlag GmbH & Co. KG
Sielminger Str. 51, 70771 Leinfelden-Echterdingen
E-Mail: sales@carus-verlag.com
Fax: +49-(0)711-797 330-29

To avoid exceeding the end of the revocation period it will suffice if you send this notice or return the merchandise before the fourteen-day revocation period has expired.

Legal Consequences of Revocation

If you revoke the contract, we must reimburse to you all payments received from you, including the costs for shipping and delivery (excepting any additional costs which were incurred due to the type of shipping which you requested that was less economical than our standard shipping rate [pauschale]). We are obligated to reimburse this payment to you immediately, within fourteen days of our receipt of your written revocation of the contract. We will use the same method of payment which you used to complete the original transaction of the merchandise.
Under no circumstances will you be assessed any additional charges for this refund.
We reserve the right to refund your payment until you have returned to us the merchandise in question or until you have provided proof that you have returned this merchandise, depending on which occurs first. In any case, you must return the merchandise to us either via post or directly to us within fourteen days of the day on which you inform us of your decision to revoke the contract. The period of revocation is guaranteed if you return the merchandise before the fourteen-day revocation period has expired. You will bear the cost for the return of the merchandise. You are responsible for an eventual loss in value of the merchandise if upon examination it is determined that it has sustained damage as a result of improper handling.

 

 

The right of revocation does not apply to merchandise which have been produced to meet the customer's specifications (e.g., special prints) or which, by their very nature are not suitable for return e.g., antique articles). Furthermore, the right of revocation does not apply to audio and video recordings if the seal has been broken by the consumer. The seal is considered to be broken when the cellophane protective wrapping has been removed.

 

§ 4 Reserve the Right of Delivery due to Non-Availability

The publisher reserves the right to refrain from processing and delivering an order in those cases when a title ordered is either not in stock or has been discontinued. In such cases the customer will be informed immediately that the article in question is not available and, if necessary, he will be reimbursed by the publisher any paymment already made for said order.

 

§ 5 Prices

(1) Prices listed in the Online Catalog are valid. Errors are excepted and prices are subject to change.

(2) All prices are given in Euro and generally it is understood that shipping costs are added to the retail price, unless the order is expressly offered postage free. Orders placed within Germany are subject to the German value added tax. Overseas the prices which apply are the net prices – these are subject to the VAT of the respective countries where the orders are placed. In the Federal Republic of Germany music and books are subject to legally binding resale price maintenance.

(3) Prices for special prints will be caclulated upon request.

 

§ 6 Terms and Conditions of Payment

(1) The invoiced amount will become due when the contract is signed and unless the invoice stipulates otherwise, will be payable within 14 days. The invoiced amount is to be paid in full without discounts – banking and other fees are excluded – to one of the stated accounts. Payment may be made by credit card (VISA or MASTERCARD). We offer other payment options in our webshop.

(2) The publisher reserves the right to demand payment for advance deliveries. The customer shall be notified of this when he has placed an order.

(3) If a customer exceeds the period of time allowed for payment the publisher shall invoice interest equal to the rate of interest the publishing house is charged by the bank without having to send the customer a separate payment reminder.

(4) Our customers in Italy, Great Britain, Austria, Switzerland and in the USA have the option of settling their invoices by making payments into our bank accounts in each of these respective countries. Invoiced amounts must be credited, excluding banking fees, to the respective bank account in full by the date payable.

 

§ 7 Shipping and Handling Costs / Invoice / Terms of Delivery

(1) Current costs for shipping and handling can be found here: https://www.carus-verlag.com/en/how-to-order/

(2) If the customer does not choose a method for shipping merchandise, the publisher will send these using the so-called “basic rate.” Delivery times listed in the shipping and handling overview (see No. 1) are non-binding guidelines.

(3) Generally the invoice will be sent together with the merchandise. Should the invoice be sent separately a EUR 3.00 fee for shipping and handling costs wil be included in the invoice. Deliveries to “Packstations” administered by the German Post are fundamentally not allowed.

(4) If the customer does not accept the merchandise for delivery, the publisher has the right, at its discretion, to demand payment for damages for non-fulfillment of the contract.

(5) Please note that the shipment of merchandise outside Germany could be subject to additional fees levied by the authorities in the country of their destination.

 

§ 8 Guarantee

Should a retail item contain any faults, the legal statutes from §§434ff. of the German Civil Code apply.

 

§ 9 Compensation

The customer is entitled to compensation only in the case when his counterclaims are legally confirmed or recognized by the retailer.

 

§ 10 Conditional Sale

The delivered goods shall remain the property of Carus-Verlag GmbH & Co. KG until all claims existing against the customer have been settled in full.

 

§ 11 Choral Song Sheets and Choral Scores, Instrumental Parts

Choral sheets and choral scores will only be sold in choral quantity (minimum of 20 copies). Only in rare, justified cases are exceptions possible. The same minimum requirement applies for string parts in symphonic works. Harmony (wind) parts may only be ordered in complete sets.

 

§ 12 Graduated Price Scale for Orders in Quantity

The following discounts currently apply for orders in quantity:

◊ before the price means (price valid for 20+ copies) : 40+ copies, 10% discount
60+ copies, 20% discount
◊◊ before the price means: 5+ copies, 20% discount

In those cases in which a minimum order of less than 20 copies is justified, an additional charge of 20% will be added to the catalog price.

 

§ 13 Copying is prohibited

All articles contained in the catalog are protected by law. Any type of copying or reproduction is prohibited by law and is liable to prosecution.

 

§ 14 Performance of protected works

(1) The following works are protected by the Copyright Act
– Works by living composers or works by composers who have died within the last 70 years.
– Works protected as scientific works or first editions under § 70, § 71 of the German Copyright Act [UrhG].

(2) Concert performances of protected works listed in this catalog are to be registered as follows:
– Those covered by the 70 year term of copyright: GEMA, Pf. 301 240, D-10722 Berlin or in accordance with
– performance rights societies in other countries (SACEM, AKM, CISAC) works protected under § 70, § 71 of the (German) Copyright Act [UrhG]:
– VG Musikedition, Königstor, 1a, D-34117 Kassel.

(3) Stage productions are covered by Großes Recht (Theaterrecht). These are protected directly by the publisher and not by GEMA. Therefore they are to be registered directly with Carus-Verlag, c/o Rights and licensing, Sielminger Str. 51, D-70771 Lf.- Echterdingen.

 

§ 15 Protection of data privacy

Data shall only be collected, processed and used insofar as this is necessary to process an order and will be treated confidentially. Data shall only be passed to third parties to the extent this is necessary for processing an order. The customer grants his express consent to the collection, processing, use and storing of his personal for this purpose only. The customer has the right to obtain and correct his personal data, to block its use and to see that any saved data is deleted. For detailed information, please see data protection information.

 

§ 16 Place of jurisdiction and Place of fulfilment

These terms and conditions of business shall be governed by the law of Germany. The UN law on sales shall not apply. The exclusive place of jurisdiction for all legal issues concerning contractual questions is Stuttgart, Germany.


§ 17 Online-Dispute Resolution

Since the first quarter of 2016 the EU Commission provides an internet platform for Online-Dispute Resolution (the so-called "OS-Platform"). The OS-Platform serve as the point of contact for the resolving of extrajudicial disputes concerning contractual obligations which have arisen from Online purchase contracts. The OS-Platform is accessible under the following link:
http://ec.europa.eu/consumers/odr
Carus-Verlag does not participate in dispute resolution procedures before consumer arbitration boards.

 

 

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