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    MMS General Business Terms and Conditions for Germany

    Your supplier and contractual partner,

    Music and Media Sales is a division of jpc-Schallplatten-Versandhandelsgesellschaft mbH

    Lübecker Str. 9

    49124 Georgsmarienhütte

    Managing director: Gerhard Georg Ortmann

    Commercial register: Osnabrück District Court HRB 110327

    Tax ID: DE117578924

    Phone 05401 851-290 (Mo.–Fr., 9–16 Uhr)

    Fax 05401 851-300

    Email: mmv.service@jpc.de

    Please use the above contact details if you have any questions, complaints or suggestions.

    1. Commercial mail order

      1.1.Information and offers published on www.musik-medien-vertrieb.de are solely intended for commercial purposes. Before we accept your first orders, we check your status (e.g. with the submission of a business card, a bookstore trade number or a verification of your freelance status from the tax office). Invoices are issued accordingly. We do not accept orders from consumers on this website.
      1.2.A right of withdrawal or return as in the case of distance contracts concluded with consumers pursuant to §§ 312 c and g of the German Civil Code is not granted to commercial purchasers.
    1. Validity of our Terms and Conditions of Sale and Delivery

      2.1.

      These terms and conditions apply to all contracts concluded with us for the products and services sold in the online shop www.musik-medien-vertrieb.de. These terms and conditions likewise apply to all associated future business relations with the customer, even if they are not expressly agreed upon in each individual case. These terms and conditions shall be deemed to have been accepted at the latest upon receipt of the goods. We expressly object to confirmations under reservation of the customer’s own terms and conditions of business or purchase.

    1. Storage options and viewing the contract

      3.1.You can view these terms and conditions of sale and delivery for commercial mail orders at any time on our website www.musik-medien-vertrieb.de. You can print or save this document using the standard options in your browser (usually File > Save as). You can also download this document in PDF format by clicking here. This requires the free program Adobe Reader (at www.adobe.de).
      3.2. You can save your order information by either downloading the T&Cs and saving the data summarised on the last page of the order process in our online shop using the standard browser saving options, or you can wait for the automatic order receipt confirmation which we will additionally send to the email address you have provided once your order has been received. This order receipt confirmation email also contains your order information along with these General Terms and Conditions and can be printed or saved in your email program.
      3.3. In addition to the general terms laid out herein, we will also save your order information. You can access this data in your customer account on our website and save it in your browser. If you need to change any details such as your address or payment method for open orders, you can also use the contact form to get in touch. The contact form uses encrypted connection (SSL) for your online security, along with everything else in your account.
    1. Contractual partner, contract conclusion, language

      4.1. Your contractual partner is the jpc-schallplatten Versandhandelsgesellschaft mbH. Orders may only be placed once you have registered with jpc and your account has been approved. Orders are only permitted electronically in a form that enables the contractual partner to carry out automated order processing.
      4.2. Contracts can currently be concluded in German and English in our online shop.
      4.3. Our quotes are non-binding until included in a contractual agreement. You are able to check and edit the data you have entered before placing your order. By placing your order, you are making a binding contractual declaration. Once you have placed your order, you will receive an order confirmation on the website and by email. The electronic order receipt confirmation does not yet constitute acceptance of the contract, but merely to inform the customer that their order has been received. The purchase agreement is concluded when we accept your order with a declaration of acceptance, deliver the goods or send a shipment notification.
    1. Prices, shipping costs

      5.1. Following requests from several customers, the price information for customers on our website is only available in encrypted form as end consumers often only view it in store, for example. The net purchase price for you can be found directly on the desired product. In addition, in the desired product detail view, we show you the European article number (EAN) and its itemised purchase conditions as follows: purchase prices, recommended retail price, net (VK-N) and gross (VK-B) price. In any case, the distributor shall remain obliged to comply with the Book Price Fixing Act.
      5.2. The prices valid at the time the order is placed shall apply, whereby binding changes may occur even after conclusion of the contract due to the fixed book price for corresponding products subject to a fixed price.

      The prices shown differ according to the view selected by the customer. The standard view contains our gross sales prices. All prices listed in the dealer view are net prices subject to VAT and shipping costs. Only the prices stated in the dealer version are relevant for orders.
      5.3. Shipping costs apply. Shipping costs are incurred a maximum of 1 x per open order, regardless of whether the order involves one delivery or several partial deliveries as part of one individual uniform order. Shipping costs are due for payment on the first (partial) delivery of an order.
      5.4. Please refer to the following table for shipping costs.

      Table 1. Shipping costs

      Country
      Germany3,99
      Austria4,99
      Belgium3,99
      Bulgaria14,99
      Denmark5,99
      Estonia9,99
      Finland7,99
      France5,99
      Greece9,99
      Italy9,99
      Ireland9,99
      Croatia9,99
      Latvia9,99
      Lithuania11,99
      Luxembourg4,99
      Malta8,99
      The Netherlands4,99
      Poland5,99
      Portugal7,99
      Romania8,99
      Sweden7,99
      Slovenia9,99
      Slovak Republic9,99
      Spain7,99
      Czech Republic7,99
      Hungary7,99
      Cyprus9,99


      5.5. The values in the table are in euros plus applicable VAT.
    1. Delivery

      6.1. We only deliver within the territory of the European Union.
      6.2. We reserve the right to select the carrier at our reasonable discretion.
      6.3.We are entitled to withdraw from the contract in cases where our suppliers fail to deliver the required supplies, unless we can be held responsible for the corresponding issue.

      In this case, we will inform you immediately about the unavailability of the ordered goods and any payment already made will be refunded immediately, regardless of your selected payment method.
      6.4.The delivery time shall be extended to a reasonable extent in the event of strike measures and lockouts affecting the delivery as well as other circumstances for which we are not responsible, in particular in cases of delays in delivery due to force majeure events. We shall notify customers without undue delay when a corresponding obstacle arises and ends.
      6.5.If we are responsible for non-compliance with bindingly agreed delivery periods and deadlines or if we are in default, the customer's claim shall be limited to compensation for the delay in the amount of 0.50% for each full week of delay, with the total compensation being limited to 10% of the order value for the deliveries and services affected by the delay. Liability is limited to typical and foreseeable damages. Further claims are excluded in commercial transactions, unless the delay is due to intent or gross negligence on the part of us or our vicarious agents or legal representatives.
    1. Payment

      7.1. Orders are invoiced after delivery. Payment is to be made by bank transfer. For resellers established in an EU country outside Germany: Payments can only be made by credit card. Other payment methods require a separate agreement with our customer accounting department. If you opt to pay using SEPA Direct Debit, our invoice will specify the date on which your account will be debited. This pre-notification period will be reduced to 5 days. We do not deliver to other countries outside the EU. Checks and bills of exchange are not accepted as means of payment. The payment date is the day on which jpc can dispose of the instructed amount. Payments in foreign currencies will be credited according to the bank statement. Exchange rate differences, transfer fees and other costs of money transactions shall be borne by the payer.
      7.2. In the first year of a new business relationship, jpc may make delivery conditional upon the provision of security. Despite any terms of the customer to the contrary, jpc shall be entitled to offset payments first against the customer's older debts, then against the costs, then against the interest and finally against the main service. In the case of goods delivered subject to retention of title, in deviation from this, payments shall first be offset against the goods that have already been resold by the customer.
      7.3.If the terms of payment are not complied with or if it becomes apparent after conclusion of the contract that the customer has not fulfilled other payment obligations to third parties without any clear justification, jpc is entitled, in deviation from the agreed terms of payment, to demand advance payment or the provision of security in whole or in part for all claims due now or in the future. jpc shall furthermore be entitled to refuse performance until advance payment is made or security provided and to withdraw from the contract after a grade period granted for advance payment or the provision of security ends to no avail. If payment in installments has been agreed, the entire remaining unpaid amount shall become due for payment without further reminder if the customer is in default with a payment in whole or in part for more than 1 week. The same shall apply if an application is made to open insolvency proceedings against the customer's assets.
      7.4.The customer is only entitled to offset, withhold or reduce claims, even if complaints of defects or counterclaims are asserted, if the counterclaims have been legally established or are undisputed.
      7.5.Any claims of the customer against jpc arising from the entire business relationship cannot be assigned to third parties.
    1. Transfer of risk

      8.1. The risk passes to the customer as soon as the shipment has been handed over to the person or institution carrying out the transport. If shipment is delayed at your request, the risk passes to the customer upon notification of readiness for shipment.
    1. Retention of title

      9.1. Pending the settlement of all claims (including all current account balances) owed now or in the future held by jpc against the customer on any legal grounds, jpc shall be provided with the following collateral, which it shall release upon request at its discretion, provided that the collateral value exceeds the claims by more than 10% on a lasting basis.
      9.2.The goods remain the property of jpc. The customer shall keep the property of jpc free of charge. Goods (co-)owned by jpc are referred to below as reserved goods.
      9.3.The customer is entitled to process and dispose of the reserved goods in the ordinary course of business provided they are not in default. Pledges or security assignments are not permitted. The customer hereby assigns to jpc all claims arising from the resale or any other legal grounds (insurance, tort) in respect of the reserved goods (including all balance claims from current accounts) in full for the sake of security. jpc authorizes grants the customer the revocable right to collect the claims assigned to jpc for its account in its own name. This authorization can only be revoked if the customer fails to meet their payment obligations.
      9.4.If third parties access the reserved goods, the customer must inform the third party that the goods belong to jpc and inform jpc without undue delay. Costs and damages are to be borne by the customer.
      9.5.In the event of a breach of contract by the customer - in particular late payment - jpc is entitled to withdraw from the contract and demand the return of the reserved goods.
    1. Warranty

      10.1. As we only deliver to commercial enterprises, our warranty period is limited to a period of one year from delivery. The period begins with the delivery of the goods. Mandatory statutory provisions that entail a longer warranty period shall remain unaffected by the above.
      10.2.As a commercial entity, you must notify us in writing of any evident defects without delay, at the latest within a period of 14 days from receipt of the goods. Upon the discovery of non-evident defects, a complaint must be submitted without delay, at the latest within 14 days from the discovery of the defect. Timely submission of the notification is sufficient to uphold the rights of the customer. Otherwise, the goods shall also be deemed to have been approved in view of the respective defect. Timely submission is sufficient to meet the deadline. Paragraph 377 of the German Commercial Code applies to merchants.
      10.3.The aforementioned shortening of the warranty period (point 10.1.) and the warranty exclusion (point 10.2.) expressly do not apply to claims for damages based on a material defect from injury to life, body or health as well as claims for damages based on a deliberate or grossly negligent breach of duty by us or our vicarious agents. For these claims, the unlimited statutory warranty with a period of 2 years applies. In addition, any guarantee from the respective manufacturers remain unaffected by the shortened warranty. In addition, the provisions of §§ 445a and 445b of the German Civil Code on the merchant's recourse against its own supplier in the sale of newly manufactured goods to a consumer remain unaffected.
      10.4.During the warranty period, in the event of defects that are subject to the statutory warranty, we shall be obliged to provide subsequent performance free of charge, i.e. to remedy the defect or to provide a replacement delivery, at our discretion. If we are neither willing nor able to remedy the defect or make a replacement delivery, or if this is delayed beyond a reasonable period for reasons for which we are responsible, or if the remedy of the defect or replacement delivery fails in any other way, you are entitled, at your option, to demand a corresponding discount in the purchase price or to withdraw from the contract. If the legal requirements are met, claims for damages may also exist, whereby the limitation of liability in section 11 must be observed in this respect. Furthermore, withdrawal from the contract and compensation in lieu of performance are not permitted if the defect only insignificantly reduces the value or the suitability of the purchased item or piece.
      10.5.We do not assume any warranty for defects and damage resulting from unsuitable and improper use, non-observance of the corresponding instructions for use or incorrect handling, unless the customer can prove that these circumstances are not the cause of the defect subject to complaint.
      10.6.

      Please contact our customer service department using the following information for any service queries:


                                      jpc-Schallplatten-Versandhandelsgesellschaft mbH
                                      Lübecker Straße 9
                                      49124 Georgsmarienhütte
                                      Phone:
                                      05401 851-290 (Mo.–Fr., 9–16 Uhr)
                                      Fax 05401 851-300
      Email: mmv.service@jpc.de
                                  

    1. Liability

      11.1. In addition to warranty claims, we shall only be liable for claims for damages - in particular due to tort, organisational culpability, fault in conclusion of a contract or any other culpability-dependent claims from breaches of duty - insofar as we or our vicarious agents are guilty of intent or gross negligence or the damage is based on a breach of essential contractual duties (i.e. duties the fulfilment of which is essential to the proper performance of the contract and on the observance of which the contractual partner may regularly rely) or claims under §§ 1, 4 of the Product Liability Act. The above exclusion of liability for cases of ordinary negligence does not apply to damages resulting from injury to life, body or health; and in the case of the assumption of a quality guarantee or the fraudulent concealment of a defect within the meaning of § 444 of the German Civil Code. In these cases we are also liable for ordinary negligence. Insofar as our liability is regulated above, this also applies to our employees, employees, representatives and vicarious agents.
    1. Jurisdiction, severability clause, governing law

      12.1. In business dealings with merchants and legal persons under public law, our place of jurisdiction for all legal disputes arising from the contract, including legal action concerning bills of exchange and checks, is our registered place of business; in such cases, we shall also be entitled to sue at the customer's place of business. Any exclusive place of jurisdiction shall remain unaffected by the above provisions.
      12.2. In the event that individual provisions of the supply contract or these General Terms and Conditions are invalid, the remaining provisions shall continue to apply.
      12.3.The law of the Federal Republic of Germany applies to all legal transactions or other legal relationships concluded with us. The UN Convention on the International Sale of Goods (CISG) and any other intergovernmental agreements, even after their incorporation into German law, do not apply.

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