Conditions of Use

General terms and conditions for private and business customers

General terms of delivery for private customers. Lydke Musikverlag dispatches orders on the basis of the following general terms of delivery. Those terms of delivery currently in use at the time the order is submitted apply. Any deviations from these terms shall not be recognized unless specifically confirmed by us in writing.

1. Completion of contract

1.1
Your order is considered an offer to us to enter into a sales contract. A contract shall first be deemed concluded upon our formal acceptance or dispatch of the ordered goods. Confirmation of receipt of an order does not constitute completion of contract.
1.2
Orders can be made in writing by mail, fax, email and internet or by phone on divulgence of the customer ID (if known), name, address and phone number. Receipt of an order made by email or on the internet shall be confirmed immediately.

2. Withdrawal from contract

2.1
The customer has the right to withdraw from a contract within two weeks on receipt of the goods. Dispatching the contract withdrawal or returning the goods in good time is sufficient for compliance with this time limit. Withdrawals can be made in writing (also by fax or email) or simply by returning the ordered goods. Notice of withdrawal should be sent to: Lydke Musikverlag, Untere Gärten 4/1, D-70771 Leinfelden-Echterdingen, email: info@lydke.de
2.2
In the event of an effective withdrawal the customer is no longer bound by the sales contract entered into with Lydke Musikverlag. We will reimburse customers for the purchase price already paid minus any depreciation in value – if applicable. In the event of withdrawal the customer is obliged to return the goods. When returning orders up to a value of € 40.00 in the event of withdrawal the costs of shipment must be covered by the customer. If the goods are worth more we will cover the costs of shipment on the condition that the withdrawal was dispatched within 14 days of receipt of the goods.
2.3
With sealed or shrink wrapped audio and video materials or printed matter the right to return goods is forfeited if the item has been opened. The customer's right to withdraw from the contract should the goods be damaged is not affected.

3. Delivery and shipment

3.1
We have the right to make deliveries in installments.
3.2
Shipment is charged to the customer. Shipment consists of the costs for postage and packaging and is calculated according to the size and weight of the delivery. These costs are a fixed component of the customer's invoice and are to be paid in full.

4. Conditions of payment

4.1
• Customers from Germany: Bank transfer on the issuing of an invoice, check, credit card, direct debit, Paypal, cash on delivery or advance payment
• Customers from Switzerland, Austria and other EU countries: Advance payment, Paypal or credit card
• Customers outside the EU: Advance payment, Paypal or credit card
• Customers from overseas: Credit card or Paypal
We reserve the right to make deliveries to customers tardy in their payments only on advance payment or cash on delivery.
4.2
Delivered goods remain our property until complete payment of claims existing or accruing against the customer.

5. Warranty and liability

5.1
Should the item purchased be found to be defective, the customer has the right to completion of contract (remedy of defects or replacement of goods).
5.2
Should completion of contract fail, the customer is entitled to demand either withdrawal from the contract or a reasonable reduction of the purchase price.
5.3
We are liable according to statutory provisions should the customer exert a claim for damages due to intent or gross negligence, including intent or gross negligence on the part of our representatives or vicarious agents. Should no culpable breach of contract be attributable to us, liability for compensation is limited to the foreseeable damages incurred in a typical manner.
5.4
We are liable according to statutory provisions should we culpably breach a material obligation of the sales agreement. In this event liability for compensation is limited to the foreseeable damages incurred in a typical manner.
5.5
Should the customer be entitled to compensation for damages and not to services our liability for compensation is limited to the foreseeable damages incurred in a typical manner, also under
5.6
Liability for culpably caused loss of life, bodily harm and impairment of health is not affected; this also applies to mandatory liability in accordance with the Product Liability Act.
5.7
Unless otherwise agreed in the aforesaid, liability is excluded.
5.8
The period of limitation is 24 months, calculated from the date of delivery.

6. Offset

6.1
The customer has a right to offset only when his or her counterclaims are established by law, uncontested or recognized in writing by Lydke Musikverlag. This does not affect the customer's right of retention. The customer is only permitted to exercise the right of retention insofar as his or her counterclaim is based on the same contractual relationship.

7. Applicable law and place of jurisdiction

7.1
German law applies; the UN Sales Convention is excluded even if orders come from abroad or deliveries are made abroad. Should the customer be permanently or ordinarily resident abroad, Stuttgart is the place of jurisdiction for all claims made in conjunction with the customer's order/s. Lydke Musikverlag is entitled to also sue the customer at his or her general place of jurisdiction.

8. Separability clause

8.1
If questioned, should any particular items of these general terms of delivery prove legally invalid, the residual clauses shall remain binding. Should any terms be or become invalid either in part or in whole, these shall be replaced by terms which correspond to the economic purpose of the invalid term as closely as possible.

General terms of delivery for business customers. Lydke Musikverlag dispatches orders on the basis of the following general terms of delivery. Those terms of delivery currently in use at the time the order is submitted apply. Any deviations from these terms shall not be recognized unless specifically confirmed by us in writing.

1. Completion of contract

1.1
Your order is considered an offer to us to enter into a sales contract. A contract pertaining to the selected item/s shall first be deemed concluded upon our formal notice of dispatch or dispatch of the ordered goods. Confirmation of receipt of an order does not constitute completion of contract. 1.2
Our offers are subject to change for three months unless otherwise agreed.
1.3
Orders can be made in writing, by fax, email and internet or by phone on divulgence of the customer ID (if known), name, address, phone and fax number. The item number is always determinative for orders.
1.4
Cancellation of or amendments to orders are only possible prior to processing of the order.

2. Conditions for traders and fair trade

2.1
Our publications are subject to fixed prices. Delivery with special conditions for traders is only possible on presentation of a trading license and written undertaking to abide by fixed prices inland. Booksellers require a transaction reference number. Deliveries to traders abroad will be made after we have been notified of the VAT number.
2.2
Our promotional items and offerings count only to private customers. Not for business customers!

3. Delivery and shipment

3.1
All shipments are made at risk to the customer from the moment the goods are dispatched. As soon as the shipment has been entrusted to the person transporting the goods or has left Lydke Musikverlag for the purpose of delivery, risk is transferred. We shall not provide replacements for lost goods or items damaged in transit.
3.2
Place of performance is our distribution warehouse.
3.3
Lydke Musikverlag has the right to make deliveries in installments.
3.4
Shipment is charged to the customer. Shipment consists of the costs for postage and packaging and is calculated according to the size and weight of the delivery. These costs are a fixed component of the customer's invoice and are to be paid in full.

4. Conditions of payment

4.1
• Customers from Germany: Bank transfer on the issuing of an invoice, check, credit card, direct debit, Paypal, cash on delivery or advance payment
• Customers from Switzerland, Austria and other EU countries: Advance payment, credit card or Paypal
• Customers outside the EU: Advance payment, credit card or Paypal
• Customers from overseas: Credit card or Paypal
We reserve the right to make deliveries to customers tardy in their payments only on advance payment or cash on delivery.
4.2
Delivered goods remain our property until complete payment of claims existing or accruing against the customer.

5. Consignments on approval

5.1
As a rule no consignments can be sent on approval.

6. Warranty and liability

6.1
Warranty claims made by the customer assume that he or she has fulfilled his or her obligation to inspect and give prompt notice of defects according to § 377 of the German Commercial Code Handelsgesetzbuch or HGB).
6.2
Should the item purchased be found to be defective, the customer has the right to completion of contract (remedy of defects or replacement of goods).
6.3
Should completion of contract fail, the customer is entitled to demand either withdrawal from the contract or a reasonable reduction of the purchase price.
6.4
We are liable according to statutory provisions should the customer exert his or her claim to compensation due to intent or gross negligence, including intent or gross negligence on the part of our representatives or vicarious agents. Should no culpable breach of contract be attributable to us, liability for compensation is limited to the foreseeable damages incurred in a typical manner.
6.5
We are liable according to statutory provisions should we culpably breach a material obligation of the sales agreement. In this event liability for compensation is limited to  the foreseeable damages incurred in a typical manner.
6.6
Should the customer be entitled to compensation for damages and not to services our liability for compensation is limited to the foreseeable damages incurred in a typical manner, also under
6.7
Liability for culpably caused loss of life, bodily harm and impairment of health is not affected; this also applies to mandatory liability in accordance with the Product Liability Act.
6.8
Unless otherwise agreed in the aforesaid, liability is excluded.
6.9
The period of limitation for warranty claims is 12 months, calculated from the transferal of risk.

7. Offset

7.1
The customer has a right to offset only when his or her counterclaims are established by law, uncontested or recognized in writing by Lydke Musikverlag. This does not affect the customer's right of retention. The customer is only permitted to exercise the right of retention when his or her counterclaim is based on the same contractual relationship.

8. Choice of law and place of jurisdiction

8.1
German law applies; the UN Sales Convention is excluded even if orders come from abroad or deliveries are made abroad.
8.2
Our place of business is the place of jurisdiction. We are, however, also entitled to sue the customer at his or her domestic place of jurisdiction.

9. Separability clause

9.1
If questioned, should any particular items of these general terms of delivery prove legally invalid, the residual clauses shall remain binding. Should any terms be or become invalid either in part or in whole, these shall be replaced by terms which correspond to the economic purpose of the invalid term as closely as possible.