General terms and conditions of music publisher Seifert

1. General

1.1 The terms used are not gender-specific.

1.2 For the business relationship between Musikverlag Seifert, Eugenstraße 11, 88045 Friedrichshafen (hereinafter referred to as "Musikverlag Seifert") and the purchaser (or customer), the following General Terms and Conditions (GTC) apply exclusively in the version valid at the time of the order. The customer can be both a consumer and an entrepreneur. is a consumer if he concludes a legal transaction for purposes that cannot predominantly be attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or independent professional activity.

1.3 The seller does not recognize any deviating conditions from the purchaser unless he has expressly agreed to their validity in writing. Our general terms and conditions also apply if we carry out the delivery to the customer without reservation despite being aware of the customer's conditions that conflict with or deviate from our terms and conditions.

1.4 The production and printing of the playback CDs, accompanying CDs and the associated sheet music editions is carried out by

Rudi Seifert
On slope 16
88048 Friedrichshafen

and is distributed by the music publisher Seifert.

1.5 We would like to point out that any copying of sheet music is fundamentally prohibited by the law of June 24, 1985 (§ 53.4).

1.6 Editions from other publishers are only delivered against a firm order.

1.7 Every sheet music shipment is sent “free” by us.

1.8 Price changes, errors and delivery options reserved.

1.9 The place of jurisdiction is the headquarters of the publisher.

2 Conclusion of contract

2.1 The display, presentation and advertising of products in our online shop does not constitute a legally binding offer to conclude a purchase contract, but rather a non-binding online catalog. You can select products from our online catalog and add them by clicking the "Add to" button “Add to shopping cart” in a virtual shopping cart. If you would like to place an order, please click on “Checkout” in the shopping cart. You then enter the data required to fulfill the order. By clicking on the “Buy” button, you place a binding order for the products in your shopping cart.

2.2 However, the order for the products collected in the shopping cart can only be placed and transmitted if you accept these terms and conditions and the data protection declaration by ticking the checkbox in the shopping cart and these thus become part of your bindingly placed order. You will be automatically informed immediately on the screen that your order has been received. This automatic confirmation of receipt represents pure information, but does not constitute acceptance of the contract. The purchase contract is concluded when we accept the offer in your order to conclude a purchase contract with a separate email as an “order confirmation”. As soon as the ordered goods leave our warehouse, you will receive another email and the contract will be concluded.

3 Right of withdrawal

The following right of withdrawal applies to orders from consumers:


Right of withdrawal:

You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier took possession of the last goods. In order to exercise your right of withdrawal, you must inform us (Musikverlag Seifert, Eugenstraße 11, 88045 Friedrichshafen, Tel. 07541-26282, Fax. 07541-33993, E-Mail of your decision to withdraw from this contract, inform. In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.

Consequences of revocation:

If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for any additional costs arising from you choosing a method of delivery other than the cheapest standard delivery offered by us to be repaid immediately and no later than fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.

You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of your cancellation of this contract. The deadline is met if you send the goods before the fourteen day period has expired.

You bear the direct costs of returning the goods. You are only liable for any loss in value of the goods if this loss in value is due to the handling other than what is necessary to establish the nature, characteristics and functionality of the goods.

Exclusion of the right of withdrawal:

The right of withdrawal does not apply to contracts for the delivery of sealed audio or video recordings or downloads, provided that the data carriers delivered have been unsealed by you. The same applies to items that are declared “B-goods”.

Cancellation pattern:

You can download and fill out the sample cancellation form .

4 Reservation of unavailability

We reserve the right not to carry out your order if the title is out of stock at the publisher and the ordered goods are therefore not available. In this case, we will inform you immediately about the unavailability and immediately refund any purchase price you have already paid.

5 Prices and shipping costs

5.1 The sales prices at the time of the order apply. Our prices are final prices in euros. They include VAT. For deliveries to non-EU countries, the prices are reduced by the VAT portion.

5.2 The shipping costs apply according to our shipping cost table.

Here you will find an overview of our shipping costs table: Shipping costs

5.3 We are entitled to make partial deliveries if this is reasonable for the customer.

5.4 Items that are declared as “B-stock” are items that may be slightly damaged or yellowed and some of which do not have an envelope. The notes are therefore no longer subject to fixed prices. Delivery only against firm order, while stocks last. No further discount possible.

6 Payment and delivery conditions

6.1 Payment is made by invoice, advance payment or PayPal. The payment options offered depend on the country. Unless otherwise agreed, delivery takes place from the warehouse to the delivery address specified by the customer. If the customer is a consumer, we bear the shipping risk. If the customer is an entrepreneur, he bears the shipping risk.

6.2 The products will be delivered no later than four working days after the contract and shipping confirmation has been sent.

6.3 The prices are in euros (€) and include e.g. Currently valid VAT. In Germany they are subject to fixed retail prices.

6.4 Shipping takes place at the risk of the purchaser in accordance with the conditions of the German music trade and under retention of title in accordance with Section 455 of the German Civil Code (BGB).

7 Offsetting, right of retention of the purchaser, right of retention of Musikverlag Seifert

7.1 The customer only has the right to offset if his counterclaims have been legally established or recognized by us. A customer who is a consumer is also entitled to set off against our claims if he asserts complaints about defects or counterclaims from the same purchase contract.

7.2 You are only authorized to exercise a right of retention to the extent that your counterclaim is based on the same contractual relationship.

7.3 If the customer, who is a consumer, has canceled the contract in accordance with No. 3 of these General Terms and Conditions, we have a right of retention with regard to the repayment of the payment received from the customer until the time at which we receive the goods back from the customer or the customer has provided proof that he has sent the goods, unless we have offered to collect the goods.

8 Retention of title

The delivered goods remain our property until you have fully met your purchase price demand.

9 Warranty for material defects, guarantee

9.1 We are liable for material defects in accordance with the applicable legal regulations, in particular §§ 434 ff BGB. The warranty obligation towards entrepreneurs on items delivered by us is 12 months.

9.2 An additional guarantee only exists for the goods delivered by us if this was expressly provided in the order confirmation for the respective item.

9.3 Items declared as “B-goods” are excluded from this.

10 Liability

10.1 Customer claims for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by us or by our legal representatives and vicarious agents based. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

10.2 In the event of a breach of essential contractual obligations, we are only liable for the foreseeable damage that is typical for the contract if this was caused by our simple negligence, unless it concerns claims for damages resulting from injury to life, body or health.

10.3 The restrictions in paragraphs 10.1 and 10.2 also apply to the benefit of our legal representatives and vicarious agents if claims are asserted directly against them.

10.4 The provisions of the Product Liability Act remain unaffected.

11 Notes on data processing

11.1 We collect customer data as part of the processing of contracts. In doing so, we particularly observe the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, we will only collect, process or use the customer's inventory and usage data to the extent that this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.

11.2 Without your consent, we will not use your data for advertising, market or opinion research purposes.

12 Applicable law and place of jurisdiction

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

If the customer is a merchant or a legal entity under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is the court responsible for our headquarters in Feldafing.

As of: December 1, 2019