Conditions

Welcome to David’s Lyra online store!

www.davidslyra.com/shop

This online shop is represented by the music label töne & töpfer

§1 Scope and Provider

GENERAL TERMS AND CONDITIONS OF töne & töpfer

(1) The general terms and conditions (hereinafter referred to as “GTC”) regulate the sale of products to you by töne & töpfer music labels (hereinafter referred to as provider) in the version valid at the time of the order.

(2) Deviating terms and conditions of the customer will be rejected.

(3) Please read these terms and conditions carefully before you place an order with töne & töpfer music label. By placing an order with töne & töpfer music label, you agree to the application of these terms of sale to your order.

(4) At töne & töpfer we offer you the sale of the following products:

töne & töpfer sells print media and music in digital and physical form. Some of the products are available as digital downloads or as physical mail.

§2 Conclusion of the contract

(1) Contracts on this portal can only be concluded in German.

(2) The offers are aimed exclusively at end customers with a billing and delivery address in Europe, USA, Canada, Great Britain and worldwide.

In the case of individual bulky goods, the possible delivery addresses and the place of delivery may be limited; the restriction is shown in the respective list price.

(3) The customer must have reached the age of 18.

(4) The presentation of the goods in the online shop does not constitute a legally effective offer. By presenting the goods, the customer is only asked to make an offer.

(5) Your order represents an offer to töne & töpfer to conclude a purchase contract. The customer submits a binding offer when he has gone through the online ordering process by entering the information requested there and in the last ordering step the button “accept terms and conditions” clicks.

(6) The purchase contract between the provider and the customer only comes into existence through a declaration of acceptance by the provider. This takes place at the earlier of the two dates, either sending the goods or sending a dispatch confirmation by email. Please note that the confirmation of receipt of your order does not constitute a declaration of acceptance in the aforementioned sense.

(7) The effectiveness of contracts for larger than normal household quantities as well as the commercial resale of the object of purchase requires the express confirmation by the provider. This refers both to the number of products ordered as part of an order and to placing several orders for the same product, in which the individual orders comprise a quantity that is normal for a household.

(8) Your orders will be saved by us after the conclusion of the contract. If you lose your documents for your orders, please contact us by email or phone. We will send you a copy of the order details.

(9) You agree that you will receive invoices electronically. Electronic invoices are made available to you by email or in the customer account on the website. We will inform you in the shipping confirmation for each delivery whether an electronic invoice is available. For more information on electronic invoices, please visit our website.

§3 Prices and shipping costs

(1) Our prices include the applicable statutory value added tax and do not include a flat-rate shipping charge or surcharge. The shipping surcharges vary depending on the type of delivery and the nature of the item.

(2) Despite our best efforts, a small number of the products in our catalog may be incorrectly priced. We check prices when we process your order and before we charge payment. If a product is priced incorrectly and the correct price is higher than the price on the website, we will contact you before the goods are shipped to ask you whether you want to buy the product at the correct price or cancel the order . If the correct price of a product is lower than the price quoted by us, we will charge the lower amount and send you the product.

(3) The prices at the time of the order apply. If list prices are available, the prices of the list price valid at the time of the order apply.

§4 delivery and cancellation

1) Unless otherwise agreed, delivery will be made to the delivery address specified by the customer. On the website you will find information on the availability of products that are sold by töne & töpfer (e.g. on the respective product detail page). We would like to point out that all information on availability, shipping or delivery of a product are only approximate information and approximate guide values. They do not represent binding or guaranteed shipping or delivery dates, unless this is expressly designated as a binding date in the shipping options for the respective product.

(2) If, while processing your order, töne & töpfer determines that the products you have ordered are not available, you will be informed separately by email or by message in your customer account. The legal rights of the customer remain unaffected.

(3) Insofar as delivery to the purchaser is not possible because the goods delivered do not fit through the entrance door, front door or staircase of the purchaser or because the purchaser is not found at the delivery address given by him, although the delivery time is reasonable for the purchaser The deadline has been announced, the customer bears the costs for the unsuccessful delivery.

(4) Delivery takes place depending on the customer’s payment method. In the case of prepayment, delivery takes place after the payment order has been issued to the transferring bank. When paying by PayPal, credit card, gift card, direct debit, instant transfer or invoice, delivery takes place after the contract has been concluded.

(5) If your order is sent in more than one package, it is possible that you will receive a separate shipping confirmation for each package. In this case, a separate sales contract is concluded between us for the products listed in the respective shipping confirmation for each shipping confirmation. Contract partner is töne & töpfer music label. Regardless of your right of cancellation, you can cancel your order for a product at any time free of charge before sending the corresponding shipping confirmation.

(6) This right to cancel does not apply to certain product groups and services, including digital content or software that is not supplied on a physical data carrier (e.g. on a CD or DVD), provided that the download or use (whichever is the earlier point in time) has started.

§5 customs

If you order products from töne & töpfer for delivery outside the European Union, you may be subject to import duties and taxes, which are levied as soon as the parcel reaches the specified destination. Any additional fees for customs clearance are your responsibility; we have no control over these fees. Customs regulations vary greatly from country to country, so you should contact your local customs authority for more information.

(2) Please also note that when you order from töne & töpfer you are seen as the importer and must comply with all laws and regulations of the country in which you receive the products. The protection of your data is important to us and we would like to make our international customers aware that cross-border deliveries are subject to opening and inspection by customs authorities. For more information, please read our customs information.

§6 payment

(1) The customer can pay for the goods using the following payment methods:

Paypal, gift card, direct debit, transfer in advance

In the case of a return debit for which the customer is responsible, the töne & töpfer music label charges flat-rate compensation of € 5 (five euros). The customer can prove that the damage did not occur at all or that it is significantly lower than the flat rate. The above regulations apply accordingly to payments of the purchase price of goods that are sold by third parties.

(2) Certain payment methods can be excluded by the provider in individual cases.

(3) The customer is not permitted to pay for the goods by sending cash or checks.

(4) If the customer chooses an online payment method, the customer authorizes the provider to collect the amounts due at the time of the order.

(5) If the provider offers payment in advance and the customer chooses this type of payment, the customer must transfer the invoice amount to the provider’s account within five calendar days of receipt of the order. The provider reserves the goods accordingly for five calendar days.

(6) If the provider offers payment by credit card and the customer chooses this type of payment, he expressly authorizes the provider to collect the amounts due after the partial deliveries or deliveries of goods have been dispatched.

(7) If the provider offers payment by direct debit and the customer chooses this type of payment, the customer grants the provider a SEPA basic mandate. If, when paying by direct debit, a payment transaction is reversed due to insufficient funds in the account or due to incorrectly transmitted bank details, the customer must bear the costs.

(8) If the provider offers payment in advance and the customer chooses this type of payment, the customer undertakes to pay the invoice amount within 14 days of dispatch of the goods, without any discount.

(9) If the customer defaults on payment, the provider reserves the right to assert the damage caused by the delay.

§7 Offsetting and right of retention

(1) The customer only has the right to offset if the counterclaim of the customer has been legally established or has not been disputed by the provider.

(2) The customer can only exercise a right of retention if your counterclaim is based on the same contractual relationship.

§8 retention of title

töne & töpfer music label retains ownership of the goods until full payment has been made.

§9 transport damage

(1) If the customer receives the goods with obvious transport damage, the provider asks him to make a complaint as soon as possible.

(2) Should the customer fail to make a complaint, this has no consequences for the statutory warranty rights. The purpose of the complaint is that the provider can assert his own claims against the carrier.

§ 10 Right of Defects

(1) If the customer is a consumer, the warranty and liability for defects of the delivered object of purchase is based on the statutory provisions: Accordingly, customers in the European Union have warranty rights in addition to their 30-day return guarantee for a period of two years from the delivery of the goods and can request the repair or replacement of the products purchased on töne & töpfer if they prove to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you can request a refund or a reduction in the purchase price.

(2) In the case of used goods, the warranty period can be shorter than two years.

(3) If the customer is not a consumer, the defect will be eliminated by a new delivery or a new performance.

§ 11 limitation of liability (products)

(1) The provider is liable for claims for damages by the customer from injury to life, limb, health or from the breach of essential contractual obligations, as well as for other damage resulting from their willful or grossly negligent breach of duty, or one of the legal representatives or vicarious agents of Based on the provider.

(2) Essential contractual obligations are obligations the fulfillment of which is necessary to achieve the objective of the contract.

(3) The provider is liable for breaches of essential contractual obligations that are based on contract-typical, foreseeable damage, provided that the damage was caused simply by negligence. This limitation does not apply to claims for damages by the customer that are based on injury to life, limb or health.

(4) The provisions of the Product Liability Act remain unaffected.

(5) If the liability of töne & töpfer is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.