Applicability and Contract Language
The present General Terms and Conditions shall apply to all business relations between APOLLON MUSIK OFFIZIN OHG, Bonn („Apollon“) and its customers concerning physical products (e.g. sheet music, books, CDs; hereinafter referred to as “Products”) and digital content (e.g. pdf downloads; hereinafter referred to as “Downloads”), as defined at the time of conclusion of the contract and as far as they refer to business transactions carried out by electronic means.
The General Terms and Conditions are valid as defined at the time of conclusion of the contract.
Prices will be charged in euros, including transportation fees and VAT. Unless otherwise agreed upon, transportation costs will be quoted in the invoice. The customer bears responsibility for payment thereof.
Writing, print, accounting mistakes as well as special pricing are subject to change.
Formation of Contract
The presentation of the Products in the online shop is no legally binding offer within the meaning of Art. 145 German Civil Code, but just serves to inform the customers.
By clicking the button “Buy now”, the customer places a binding order for the items contained in the shopping cart. Immediately after completing the order process, the customer receives an order confirmation by e-mail. Such an order confirmation does not constitute acceptance of a contract.
The contract is concluded when the customer receives a delivery confirmation or when the Products are actually dispatched.
Right of Revocation
You are entitled to withdraw from this contract, without giving any reasons, within two weeks after you or any third party named by you, who is not the carrier, received the last of the items ordered. To exercise your right of revocation, you have to inform us (APOLLON Musikoffizin OHG, Meßdorfer Straße 177, 53123 Bonn, Telefon: +49 228 369361-59, Fax: +49 228 369361-74, E-mail: [email protected]) by means of a clear statement (e.g. by letter sent by post, telefax or e-mail) about your decision to revoke this contract. In order to observe the revocation period, it suffices to send us the notification about the exertion of your right of revocation before the revocation period expires.
When you revoke this contract, we have to refund all payments received from you, including shipping charges, immediately or within two weeks at the latest from the date on which we receive the notification of your revocation of this contract. For such refunds we will use the same method of payment used by you for the original transaction, unless otherwise expressly agreed, and you will not be charged any fees for such refund. We can refuse refunding until the goods have been returned to us or until you have furnished proof of having sent back or handed over the goods, depending on which happens earlier.
You have to return the goods to us (APOLLON Musikoffizin OHG, Meßdorfer Str. 177, 53123 Bonn) immediately and, in any case, send them back to or hand them over to us within two weeks from the date on which you notify us about the revocation of this contract at the latest. This period will be observed if you send off the goods before the expiry of the two weeks’ period. The immediate costs for the return of the goods shall be borne by you. You will have to pay for any possible loss of value of the goods only if such a loss of value is due to the handling of the goods which has not necessary for the examination of the goods’ quality, features and functionality.
The right of revocation does not apply to or expires in the case of the delivery of Cds in a sealed package if the seal was removed after the delivery;
Apollon shall deliver the ordered goods to the address indicated by the customer in the order as soon as possible.
The costs for the individual deliveries shall be charged to the customer by Apollon in the respective amount shown.
Small packages will be delivered by mail, while bigger and heavier ones will be delivered by Hermes. Service will be charged accordingly.
Reservation of Ownership
Until full payment is received from the customer, the delivered goods shall remain the property of Apollon.
The purchase price shall be due upon conclusion of the contract.
If the customer is in default of payment, Apollon shall be entitled to charge default interest at a rate of 5% per year over the base lending rate in accordance with Art. 288 paragr. 1 German Civil Code.
The customer shall only be entitled to set-off if his/her counterclaims have not been contested or have been recognized by declaratory judgment.
Warranty of Quality
Apollon shall be liable for any defects existing upon delivery of the goods for the statutory warranty period.
The customer is faced with the choice between Apollona’s subsequent performance in the form of repair or replacement. Apollon is entitled, however, to refuse the type of subsequent performance chosen by the customer if disproportionately high costs are associated with such type of performance and if no substantial disadvantage ensues to the customer from the other type of subsequent performance. During the period of subsequent performance, the reduction of the purchase price or the withdrawal from the contract by the customer shall be excluded. A subsequent performance shall be deemed a failure after the second unsuccessful attempt, unless something else follows from the nature of the matter or defect or from other circumstances. If the subsequent performance has failed or if Apollon has refused the subsequent performance altogether, the customer can demand either the reduction of the purchase price (decrease in value) or the withdrawal from the contract.
The customer cannot claim damages for the defect on the following conditions until the subsequent performance was a failure or Apollon refused any subsequent performance. The right of the customer to claim any further damages on the following conditions shall remain unaffected.
Any further liability shall be excluded, notwithstanding the legal nature of the asserted claim. In so far as the liability of Apollon is excluded or limited, this shall also apply to the personal liability of the staff, representatives, vicarious agents and assistants of Apollon.
The customer can acquire download licences free of charge or in return for payment and download them to terminal devices of his/her choice (e.g. PC, tablet, smartphone). To be able to use Downloads, the customer may have to meet certain system requirements and need playback software, e.g. Adobe Reader. Any possible connection costs will have to be paid separately by the customer to his/her respective mobile phone or other service provider.
Copyright Protection in the Case of Downloads
The contents offered for download are protected by copyright. Apollon does not transfer ownership of such contents to the customer. By acquiring the licence, the customer shall be granted the limited, non-transferable right to use the offered title for personal use only, in the way offered by Apollon, pursuant to the provisions of the German Copyright Act.
The customer will be allowed one-time downloads of each respective title and to copy it to personal terminal devices of his/her choice for personal use only. Apart from that, it is not permitted to modify Downloads in any way with regard to content or technology, or use modified versions, copy them for any third party, make them accessible to the public, transfer them, upload them on the Internet or other networks free of charge or in return for payment, fake, print, resell or use them for commercial purposes.
Apollon is entitled to temporarily or permanently change, interrupt or discontinue the web shop’s downloading possibility. Furthermore, SM is entitled to delete individual downloads from the customer’s account for good cause, especially in the case of disputes concerning any possible infringement of rights. The possibility of deleting downloads shall not apply to downloads which have already been downloaded by the customer to his/her personal storage location.
All personal information of the customers of SM will be treated confidentially. Such information shall only be stored and processed to such extent as permitted by the customer and in strict observance of relevant rules and regulations, such as the Federal Data Protection Act or the Information and Communication Service Act or the General Data Protection Regulation. The transfer of such information to any third party who is neither involved in the performance of the contract nor is an affiliate of the Schott group, shall be excluded. Apollon is entitled to transfer personal information of the customers to third parties for the purpose of credit checking and credit control as part of a data exchange. Apollom is also entitled to transfer personal information to SCHUFA, the General Credit Protection Agency in Germany.
German law applies, place of jurisdiction is Bonn. The European Commission provides a platform for online dispute resolution which can be accessed at https://ec.europa.eu/consumers/odr/. Apollon is neither obliged nor willing to take part in dispute resolution proceedings before a consumer conciliation body.