Terms & Conditions

§ 1. General

1. The following general terms and conditions apply to the business relationships of any kind between Inventivio GmbH, Karolinenstraße 13 in 90402 Nuremberg, Germany, and the customer in their currently valid version. Customers can be both entrepreneurs and consumers. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed (§ 13 BGB). Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity (§ 14 BGB).
2. The presentation of the products in the online shop does not constitute a legally binding offer, but only a non-binding online catalog of the range of goods. By clicking the "Buy" button, the customer places a binding order for the goods contained in the shopping cart. A confirmation of receipt of the order follows immediately after the order has been sent. The purchase contract is only concluded with our separate order confirmation. The text of the contract is saved and the order data and the general terms and conditions are sent to the customer by email. All previous orders can be viewed by the customer in the login area.
3. Inventivio GmbH reserves the right not to provide the promised service if, after the conclusion of the contract, it turns out that the goods are not available, although a corresponding obligation transaction has been concluded. In such a case the customer will be notified immediately. Any consideration already paid will be reimbursed immediately. Further claims against Inventivio GmbH are excluded.
4. Contract language is German.
5. In detail, the customer goes through the following technical steps when placing an order in the online shop:
   • Click on the "Proceed to checkout" button in the shopping cart that appears
   • Forwarding to the general order overview page (tactonom.com checkout), on which the individual purchase steps are carried out in the following
   • Step 1 Selection of the "Billing and delivery address" (in the event that the customer does not have a customer account and is not logged in; otherwise the billing and delivery address are stored)
     • Enter the “Billing Address”
     • If the billing and delivery address are not identical, you can click the checkbox to “enter a different delivery address”
   • step 2 In the next section, "All items in your order" are displayed in an overview; it is possible to change the contents of the shopping cart
   • step 3 Selection of the "Payment method" (by clicking on the desired payment method)
   • step 4 Possibility to select "Further options" by clicking (different delivery address, shipping date)
   • Completion of the order by clicking on the "Buy" button

The customer can access the individual ordering steps listed using the usual functions of his Internet browser.

§ 2 Delivery

1. If the customer is an entrepreneur (§ 14 BGB), delivery is always at the risk of the customer. This also applies to partial deliveries. If the customer is a consumer within the meaning of § 13 BGB, the risk of accidental loss and accidental deterioration of the item sold only passes to the customer when the item is handed over, even in the case of mail-order sales. The handover is the same if the buyer is in default of acceptance. Delivery is made to the delivery address specified by the customer.
2. All prices are cash prices including VAT plus any packaging and transport costs that may arise.
3. Delivery within Germany costs EUR 3.90 per order. The shipping costs to other countries can be found under shipping costs. Deliveries to third countries incur additional customs duties and fees for the customer.
4. The goods must be checked for transport damage immediately after receipt by the customer or his representative if the customer is a merchant within the meaning of the German Commercial Code. The customer, who is a merchant within the meaning of the HGB, must have any transport and packaging damage that can be determined confirmed in writing by the transport company upon acceptance of the goods and report this to Musikhaus Thomann. We ask customers who are consumers, in a legally non-binding manner, to also report obvious transport damage to us.

§ 3 Statutory right of withdrawal

1. right of withdrawal

   If the customer is a consumer (§ 13 BGB), he has the right to revoke this contract within fourteen days without giving reasons. The cancellation period is fourteen days from the day on which the customer or a third party named by him who is not the carrier took possession of the last goods.
   In order to exercise the right of withdrawal, the customer must contact us (Inventivio GmbH, Karolinenstraße 13 in 90402 Nuremberg, phone: 0911 2530590, e-mail: info@inventivio.de) by means of a clear statement (e.g. a letter sent by post or e-mail) of his decision to withdraw from this contract. He can use the attached sample revocation form for this, but this is not mandatory.
   To meet the cancellation deadline, it is sufficient for the customer to send the communication regarding the exercise of the right of cancellation before the cancellation period has expired.

2. Consequences of revocation

   If the customer withdraws from this contract, we have all payments that we have received from him, including the delivery costs (except for the additional costs resulting from the customer choosing a different type of delivery than the cheapest standard delivery offered by us has chosen), immediately and at the latest within fourteen days from the day on which we received the notification of the cancellation of this contract. For this repayment, we use the same means of payment that the customer used for the original transaction, unless something else was expressly agreed; under no circumstances will the customer be charged for this repayment. We may refuse repayment until we have received the goods back or until proof is provided by the customer that the goods have been returned, whichever is earlier.
   The customer must send back the goods or hand them over to us immediately and in any case no later than fourteen days from the day on which he informed us of the cancellation of this contract. The deadline is met if the customer sends the goods before the period of fourteen days has expired. We bear the costs of returning the goods.
   The customer is only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

3. Exclusion of the right of withdrawal

   The right of withdrawal does not exist

   • Delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
   • Delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
   • Delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery,
   • Delivery of newspapers, periodicals or magazines with the exception of subscription contracts.

§ 4 Warranty and Compensation

1. Defects or damage that can be traced back to culpable or improper handling or improper installation as well as the use of unsuitable accessories or changes to the original parts by the customer or a third party not commissioned by Inventivio GmbH are excluded from the warranty.
2. Wear and tear due to use is also excluded from the warranty.
3. If the customer accepts the goods or the object of the order despite being aware of a defect, he is only entitled to warranty claims to the extent described below if he expressly reserves the right to do so in text form (e.g. e-mail) immediately after receipt of the goods.
4. The customer is only entitled to warranty claims due to existing transport damage if he has complied with his obligation to examine and report according to § 2 number 4. This does not apply if the customer is a consumer.
5. The warranty period for new items is 24 months. The period begins with transfer of risk. The warranty period for used items is 12 months, unless Musikhaus Thomann assumes unlimited liability in accordance with Section 5, Item 7, in particular for injury to life, limb and health. If the customer is an entrepreneur, the warranty period for new items is one year and for used items six months from the transfer of risk, unless Musikhaus Thomann has unlimited liability in accordance with Section 5, Item 7, in particular for injury to life, limb and health.
6. For the rest, the warranty is based on the statutory provisions.
7. Musikhaus Thomann is only liable for damage other than injury to life, body and health if this is due to intentional or grossly negligent action or culpable violation of a material contractual obligation by Musikhaus Thomann or a vicarious agent (e.g. the delivery service) of the Musikhaus Thomann are based. Any further liability for damages is excluded. The provisions of the Product Liability Law remain unaffected. If an essential contractual obligation is breached through negligence, the liability of Musikhaus Thomann is limited to the foreseeable damage.

§ 5 Maturity and terms of payment

1. Unless otherwise agreed in writing, invoices from Inventivio GmbH are payable immediately and without deduction. Payment is made upon delivery by cash on delivery. Prepayment orders will only be shipped after receipt of payment. In the case of credit card payment, the actual debit takes place when the invoice is created and the goods are shipped. The total amount is reserved on the customer's credit card as soon as the customer sends the online order.
2. Inventivio GmbH reserves the right to refuse checks and other non-cash means of payment. Acceptance is always only as payment. Payments in foreign currency will be credited according to the bank statement. Bank charges are to be borne by the customer.
3. If the customer is in arrears with the payment of the purchase price, the sum of the purchase price shall be subject to interest at five percentage points above the respective base interest rate during the delay. If Inventivio GmbH has demonstrably incurred higher damage caused by delay, Inventivio GmbH is entitled to assert this.

§ 6 Retention of title

1. Until all claims against the customer, including all existing ancillary claims, have been paid in full, the delivered goods remain the property of Inventivio GmbH, provided that the customer is a merchant within the meaning of the German Commercial Code. In the case of contracts with consumers, Musikhaus Thomann retains title until the purchase price has been paid in full.
2. The customer is not entitled to sell the goods to third parties or to take other measures that endanger the property of Inventivio GmbH until the purchase price has been paid in full. The customer already assigns his future claims against the purchaser in the amount of the purchase price agreed between Inventivio GmbH and the customer including interest and ancillary claims to Inventivio GmbH. Inventivio GmbH accepts this assignment.

§ 7 Place of Performance and Jurisdiction

1. German law applies exclusively, excluding the UN Sales Convention (CISG). In the event that the buyer is a consumer, this only applies insofar as the protection provided by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
2. The place of performance for all services arising from the business relationship with Inventivio GmbH is Nuremberg, insofar as the customer is a merchant, a legal entity under public law or a special fund under public law.
3. If the customer is a merchant, a legal entity under public law or a special fund under public law, Nuremberg is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship with the customer or from these General Terms and Conditions.

§ 10 Alternative Dispute Resolution

The seller is not obliged and fundamentally unwilling to participate in a dispute settlement procedure before a consumer arbitration board.

§ 11 Final Provision

If any of these provisions - for whatever reason - do not apply, the effectiveness of the remaining provisions will not be affected.