Terms and Conditions

General Terms and Conditions
Musikverlag Josef Weinberger GmbH
Frankfurt am Main

as amended 23 September 2025

(English translation for convenience only; in the event of any inconsistency, the German version shall prevail.)

1. General
These General Terms and Conditions apply to all business relations between Musikverlag Josef Weinberger GmbH, Frankfurt am Main (hereinafter ‘we’ or ‘us’), and its customers, insofar as the respective transactions are conducted by electronic means.
These terms apply exclusively; we do not recognise any terms and conditions of the customer that conflict with or deviate from our terms unless we have expressly agreed to their applicability in writing. Our terms shall also apply if, with knowledge of the customer’s conflicting or deviating terms, we render performance to the customer without reservation.

2. Offer and conclusion of contract
The description of our product range on the internet does not in itself constitute an offer to enter into a contract within the meaning of section 145 of the German Civil Code (Bürgerliches Gesetzbuch – BGB), but merely serves to inform the customer. No contractual obligations — for example in the sense of a delivery guarantee — arise for us from this.
A customer’s order constitutes a binding offer to conclude a contract. Our acceptance of the customer’s contractual offer occurs by dispatch of the goods. Should individual details of the range shown on the website be incorrect, we will notify the customer separately after receiving the order and submit a corresponding counter-offer.

3. Delivery; retention of title

We will deliver the goods ordered as quickly as possible to the address specified by the customer when placing the order. Any information regarding delivery times is non-binding. All deliveries are made at the customer’s risk and expense; shipping costs are borne by the customer and may be charged on a flat-rate basis.
We are entitled, but not obliged, to make partial deliveries. If the customer requests a partial delivery, we are entitled to charge reasonable shipping costs for any subsequent delivery(ies) as well.
We retain title to the delivered items until payment has been received in full from the customer.

4. Due date; payment
The purchase price, including any applicable shipping costs, falls due for payment immediately after the customer submits the order. Dispatch of the goods takes place after receipt of payment. Our claims for payment become time-barred, in deviation from section 195 BGB, after five years. With regard to the commencement of the limitation period, section 199 BGB applies. The customer shall have rights of set-off only if the customer’s counterclaims have been finally adjudicated, are undisputed, or have been acknowledged by us.
If the customer is in default of payment, we are entitled to charge default interest at five percentage points above the base rate of the European Central Bank, in addition to the invoiced amount. We reserve the right to assert greater default damages. If the customer is in default with a due payment, or if the customer’s financial circumstances materially deteriorate, we may require advance payment for new deliveries or carry out delivery on a cash-on-delivery basis only.

5. Warranty and liability
In the event of a defect we are liable in accordance with the statutory provisions, save as otherwise provided below.
Our liability for breaches of contractual obligations and in tort is limited to intent and gross negligence. This does not apply in cases of injury to the life, body or health of the purchaser, to claims arising from the breach of cardinal duties — i.e. duties inherent in the nature of the contract, the breach of which endangers achievement of the contractual purpose — or to compensation for damage caused by delay (section 286 BGB). In these respects we are liable for any degree of fault.
The foregoing limitation of liability also applies to slightly negligent breaches of duty by our vicarious agents.
To the extent liability for damage not resulting from injury to the life, body or health of the purchaser is not excluded for slight negligence, such claims shall become time-barred within one year, beginning upon accrual of the claim or, in the case of damages claims due to a defect, upon the passing of risk.

We are not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board.

6. Data protection
All customer data is treated confidentially. Data is stored and processed solely to the extent authorised by the customer and in strict compliance with statutory provisions. Detailed information on data protection can be found in our Privacy Policy.

7. Final provisions
Exclusively the law of the Federal Republic of Germany shall apply. Application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded. Unless the contract provides otherwise, the place of performance for all obligations under the contract and the place of jurisdiction is Frankfurt am Main.
Should any provision of these terms be or become invalid, irrespective of the legal reason, or contain a gap, the remaining provisions shall remain unaffected.