MT Pay-Later - Terms & Conditions

Terms and Conditions for the Payment Method MusoTec Pay-Later

These MusoTec Pay-Later Terms apply in addition to our General Terms and Conditions (GTC) to all orders for which the payment method MusoTec Pay-Later is selected.

Unless these Terms contain deviating provisions, our General Terms and Conditions, our Privacy Policy, our Withdrawal Policy and our Shipping and Payment Conditions apply in their respective current version.

MusoTec Pay-Later is a payment method offered by MusoTec under which the customer is granted a short-term deferral of payment: the customer pays only after receipt of the goods. Payment is made within the agreed payment period by bank transfer to the account stated in the invoice.

These Terms become part of the contract if the customer selects the payment method MusoTec Pay-Later during the ordering process and MusoTec provides this payment method for the respective order.

Section 1 Scope

(1) These Terms exclusively govern the use of the payment method MusoTec Pay-Later.

(2) MusoTec Pay-Later is offered exclusively by MusoTec Dr. Daniel Krawietz for orders placed in the MusoTec online shop.

(3) These Terms apply both to consumers within the meaning of Section 13 of the German Civil Code (BGB) and to entrepreneurs within the meaning of Section 14 BGB, unless deviating provisions are set out below.

(4) MusoTec Pay-Later is currently offered exclusively for deliveries within Germany. MusoTec is entitled to extend or restrict the geographical scope for future orders.

(5) MusoTec Pay-Later is a voluntary payment method offered by MusoTec. There is no entitlement to its provision.

Section 2 Requirements for MusoTec Pay-Later

(1) MusoTec Pay-Later may only be used if

• the customer is at least 18 years of age,

• the customer is a natural or legal person,

• the delivery address and the billing address are fully identical,

• a successful identity, creditworthiness, fraud and risk check has been completed,

• the customer has truthfully provided the confirmations regarding his or her ability to pay requested during the ordering process,

• there are no due claims from previous MusoTec Pay-Later orders,

• no grounds for exclusion under these Terms exist.

(2) The maximum order value is currently EUR 5,000.00. MusoTec is entitled to change this maximum amount for future orders or to set it individually. For first orders and new customers, MusoTec may set lower maximum amounts or individual order limits; the applicable limit will be displayed or communicated to the customer during the ordering process.

(3) MusoTec Pay-Later is provided exclusively for the respective order. A previous approval does not create any entitlement to future provision.

Section 3 Identity, Creditworthiness, Fraud and Risk Check

(1) The provision of MusoTec Pay-Later requires a successful identity, creditworthiness, fraud and risk check.

(2) MusoTec is entitled to carry out these checks itself or to have them carried out by suitable credit agencies or other service providers.

(3) The following information in particular may be taken into account in the check:

• identity and address data,

• credit data and scores,

• previous payment experience and internal payment histories,

• open or overdue claims,

• conspicuous ordering patterns, multiple orders or unusual order values,

• technical security features,

• indications of identity misuse or fraud,

• other circumstances which, viewed objectively, may give rise to an increased risk of payment default, fraud or misuse.

(4) The successful completion of a credit check or of a previous order does not create any entitlement to MusoTec Pay-Later.

(5) Details on the processing of personal data, including the credit agencies used and any automated decision-making, can be found in our Privacy Policy and in the supplementary data protection information on MusoTec Pay-Later.

(6) In cases of increased risk, in particular where there are indications of identity misuse or in the case of high order values, MusoTec may make the provision of MusoTec Pay-Later dependent on the customer proving his or her identity. For this purpose, MusoTec may in particular request the transmission of a copy of a valid official photo ID (e.g. identity card, passport or electronic residence permit) and a current photo (selfie) showing the customer together with this ID document.

(7) The customer is entitled to black out all details on the ID copy that are not required for the identity check (in particular the serial number (ID number) and the access number). Transmission takes place via the secure transmission channel designated by MusoTec. The documents are used exclusively for the identity check and are deleted after completion of the check; details are set out in the supplementary data protection information on MusoTec Pay-Later.

(8) If the customer does not submit the requested proof, MusoTec Pay-Later will not be provided for the order in question. In this case, the other payment methods offered in the shop remain available to the customer.

Section 4 Decision on the Provision of MusoTec Pay-Later

(1) The decision on the provision of MusoTec Pay-Later is made by MusoTec at its due discretion, taking into account the statutory requirements and all information available at the time of the decision.

(2) There is no entitlement to the provision of MusoTec Pay-Later, even if the credit check is successful.

(3) MusoTec is entitled to refuse or restrict MusoTec Pay-Later or to revoke an approval already granted until the goods have been dispatched, if circumstances subsequently become known which, viewed objectively, give rise to an increased risk of payment default, fraud or misuse. The purchase contract remains unaffected; in this case, the customer will be offered the other payment methods available in the shop.

(4) MusoTec Pay-Later may in particular be refused if

• an identity, creditworthiness, fraud or risk check cannot be successfully completed,

• the delivery address and the billing address differ,

• open or overdue claims against the customer exist,

• technical anomalies or security risks are identified,

• multiple orders or unusual ordering patterns exist,

• there are indications of identity misuse, letterbox companies, straw-man orders or other abusive practices,

• statutory or official requirements prevent the provision,

• the requirements of these Terms are not met.

(5) MusoTec is further entitled to discontinue MusoTec Pay-Later for future orders, temporarily or permanently, in whole or in part, or to no longer offer it.

(6) To the extent required by law, MusoTec carries out national and international sanctions, embargo and anti-money-laundering checks. If such a check shows that the provision of MusoTec Pay-Later would be legally inadmissible, MusoTec Pay-Later will be refused.

(7) There is no entitlement to be informed of the reasons for refusal unless MusoTec is legally obliged to provide such information. If a refusal is based on an automated decision within the meaning of Art. 22 GDPR, the customer has the rights set out therein (see Section 14).

(8) MusoTec may make the provision of MusoTec Pay-Later, in particular for first orders, new customers or in cases of increased risk, dependent on the customer making a down payment of up to 50% of the order value. The amount of the down payment will be communicated to the customer after the order has been placed; it must be paid by bank transfer within 7 calendar days of receipt of the payment request. In this case, the goods will only be dispatched after full receipt of the down payment. The down payment is credited in full against the invoice amount; the payment period under Section 5 applies to the remaining balance. In this case, the service fee under Section 6 is calculated only on the balance remaining after the down payment.

(9) If the customer does not make the requested down payment within the period set out in paragraph 8, MusoTec Pay-Later will not be provided for the order in question. In this case, MusoTec will offer the customer the other payment methods available in the shop and set a reasonable deadline of at least 7 calendar days for this purpose. If the customer does not select another payment method within this period or does not make the payment then owed, MusoTec is entitled to withdraw from the contract. Any payments already made by the customer will be refunded without undue delay in this case. The statutory rights of both parties, including the consumer's statutory right of withdrawal, remain unaffected.

Section 5 Invoicing and Payment Period

(1) The invoice is generally sent in PDF format on the day the goods are dispatched to the e-mail address provided by the customer during the ordering process.

(2) The customer is asked to provide a valid e-mail address, to notify MusoTec of any changes and to also check spam or junk folders for receipt of the invoice. If the customer has not received an invoice by the time the goods are received, the customer may request it again from MusoTec at any time free of charge.

(3) The payment period is 7 calendar days from the day on which the customer received the goods, but does not commence before receipt of the invoice. If a longer payment period is stated on the invoice, that period applies.

(4) If the customer does not accept the goods despite proper provision or does not collect them despite notification, the payment period commences on the day on which acceptance or collection would first have been possible. The consumer's statutory rights of withdrawal remain unaffected.

(5) The invoice amount must be paid in full within the payment period by bank transfer, stating the payment reference indicated in the invoice.

(6) Partial payments or payment by instalments are only deemed agreed if MusoTec has expressly consented thereto in advance in text form.

(7) If payments are received without a clear payment reference or for several claims at the same time and the customer does not specify the allocation, allocation is made in accordance with the statutory provisions (Sections 366, 367 BGB).

Section 6 Service Fee

(1) For the deferral of payment granted under MusoTec Pay-Later, MusoTec charges a one-off service fee of 3.5% of the respective order value.

(2) The service fee is exclusively remuneration for the deferral of payment granted and the associated advance performance by MusoTec (delivery before payment), including the identity, creditworthiness, fraud and risk check required for this purpose. It is not a charge for the use of the bank transfer as a means of payment.

(3) The service fee is shown separately during the ordering process, displayed transparently before the order is placed and forms part of the total amount payable. It becomes due upon dispatch of the goods together with the invoice amount.

(4) Beyond the service fee, no interest and no further costs are incurred in the case of payment within the payment period.

(5) If a consumer effectively withdraws from the contract in its entirety, MusoTec will refund all payments received, including the service fee, in accordance with the statutory provisions. In the case of a partial withdrawal or partial return, the service fee will be refunded or recalculated proportionately to the withdrawn order value.

(6) MusoTec is entitled to adjust the amount of the service fee for future orders. The service fee shown in the ordering process before the order is placed is exclusively decisive.

Section 7 Customer's Duties to Cooperate

(1) The customer is obliged to provide all information given during the ordering process completely and correctly.

(2) The customer should notify MusoTec without undue delay of any changes to information relevant to the performance of the contract (in particular billing address, delivery address, e-mail address) occurring after conclusion of the contract.

(3) The customer is asked to check the invoice for obvious errors and to notify MusoTec of any errors.

(4) MusoTec's statutory claims arising from a breach of duties to cooperate remain unaffected.

Section 8 Default of Payment

(1) The occurrence of default of payment is governed by the statutory provisions (Section 286 BGB). For consumers, the invoice contains the notice required under Section 286(3) sentence 1 BGB on the consequences of default of payment.

(2) MusoTec is entitled to remind the customer of the outstanding claim after the due date by payment reminders or dunning notices. No costs are charged for the first payment reminder.

(3) After default has occurred, MusoTec is entitled to transfer due claims to lawyers, debt collection agencies or other suitable service providers for out-of-court or judicial recovery, to the extent legally permissible.

(4) Vis-à-vis consumers, only the statutory default interest and demonstrably incurred, legally recoverable damages caused by default are claimed.

(5) Vis-à-vis entrepreneurs, the statutory consequences of default apply, including the lump sum of EUR 40.00 pursuant to Section 288(5) BGB; this is credited against the costs of legal enforcement in accordance with Section 288(5) sentence 3 BGB.

(6) As long as due, undisputed claims against the customer exist, MusoTec is entitled not to offer the payment method MusoTec Pay-Later for further orders.

Section 9 Debt Collection, Assignment of Claims and Receivables Management

(1) If due claims are not paid in full despite default, MusoTec is entitled to assert the claim itself out of court or in court or to commission lawyers, debt collection agencies or other suitable service providers for this purpose.

(2) MusoTec is entitled to assign or sell outstanding claims, including statutory ancillary claims, in whole or in part to third parties, to the extent legally permissible.

(3) Personal data is transferred to lawyers, debt collection agencies, credit agencies or other service providers only to the extent legally permissible and insofar as this is necessary for the performance of the contract or the enforcement of legitimate claims. Legally permissible reports to credit agencies remain reserved.

(4) The assignment or commissioning does not affect the customer's obligation to settle the claim, including statutorily owed ancillary claims.

Section 10 Retention of Title

(1) The delivered goods remain the property of MusoTec until full payment of all claims arising from the respective order.

(2) Vis-à-vis entrepreneurs, the retention of title applies until full settlement of all claims arising from the ongoing business relationship.

(3) As long as the retention of title exists, the customer must treat the goods with care. Pledging, transfer by way of security or any other disposal of the goods subject to retention of title is not permitted without MusoTec's prior consent in text form; resale in the ordinary course of business by entrepreneurs remains permitted.

(4) The customer must inform MusoTec without undue delay if third parties assert rights to the goods subject to retention of title or access them.

(5) If the customer is in default of payment, MusoTec is entitled, in accordance with the statutory provisions, to withdraw from the contract and to demand the return of the goods subject to retention of title. A mere demand for return constitutes a withdrawal only if MusoTec expressly declares this.

Section 11 Withdrawal and Reversal

(1) Consumers are entitled to the statutory rights of withdrawal and the Withdrawal Policy published in the online shop by MusoTec.

(2) Any voluntary MusoTec Retoure constitutes an additional service and does not restrict the consumer's statutory rights of withdrawal.

(3) The reversal of an effective withdrawal takes place in accordance with the statutory provisions. Section 6(5) applies to the refund of the service fee.

(4) Entrepreneurs are not entitled to a statutory right of withdrawal, unless otherwise provided by law.

Section 12 Set-Off and Right of Retention

(1) The customer is only entitled to set-off insofar as his or her counterclaims have been finally established by a court, are ready for decision, are undisputed or have been acknowledged by MusoTec, or insofar as the counterclaims are reciprocally linked to MusoTec's main claim (in particular claims based on defects of the delivered goods).

(2) The customer may exercise a right of retention on account of counterclaims arising from the same contractual relationship; statutory rights of retention remain unaffected.

Section 13 Misuse of the Payment Method

(1) MusoTec Pay-Later may only be used by customers who, at the time of conclusion of the contract, may reasonably assume that they will be able to meet their payment obligations on time.

(2) Anyone who uses MusoTec Pay-Later although he or she already knows at the time of conclusion of the contract, or accepts the possibility, that the invoice amount cannot or will not be paid when due, or who intentionally deceives MusoTec about his or her identity, ability to pay or other circumstances relevant to the decision, may be exposed to civil claims and criminal consequences, in particular for fraud pursuant to Section 263 of the German Criminal Code (StGB).

(3) The following in particular are deemed misuse:

• the intentional provision of incorrect or incomplete personal data,

• the use of third-party or unauthorised identities,

• the use of forged or manipulated documents,

• the use of letterbox companies or straw-man arrangements,

• the intentional circumvention of technical security measures, including automated ordering processes (bots) and multiple accounts to circumvent internal checks,

• deliberately incorrect statements regarding economic capacity or creditworthiness,

• the untruthful provision of the confirmations requested during the ordering process, in particular regarding ability to pay, enforcement measures, statutory declarations of assets or insolvency proceedings,

• any other intentional act aimed at unlawfully obtaining MusoTec Pay-Later or at harming MusoTec.

(4) Where there are actual indications of misuse, MusoTec is entitled to refuse MusoTec Pay-Later, to revoke approvals already granted in accordance with Section 4(3), to exclude the customer from further use of MusoTec Pay-Later and to take legally permissible measures to protect its rights, including the assertion of claims for damages and – where there is corresponding suspicion – the filing of a criminal complaint.

Section 14 Data Protection

(1) Personal data is processed in accordance with the General Data Protection Regulation (GDPR), the German Federal Data Protection Act (BDSG) and MusoTec's Privacy Policy.

(2) To decide on the provision and performance of MusoTec Pay-Later, MusoTec processes personal data for the purposes of the identity, creditworthiness, fraud and risk check as well as for contract processing and enforcement of claims, to the extent legally permissible; authorised service providers may be commissioned for this purpose.

(3) Insofar as the decision on the provision of MusoTec Pay-Later is based solely on automated processing, including profiling, the customer has the right under Art. 22(3) GDPR to obtain human intervention, to express his or her own point of view and to contest the decision.

(4) Further information on the nature, scope, purposes, legal bases, recipients and storage period of personal data can be found in MusoTec's Privacy Policy and in the supplementary data protection information on MusoTec Pay-Later.

Section 15 Amendments to these Terms

(1) MusoTec is entitled to amend these MusoTec Pay-Later Terms for future orders.

(2) For contracts already concluded, exclusively the MusoTec Pay-Later Terms effectively incorporated at the time of conclusion of the contract apply.

Section 16 Final Provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the state of their habitual residence.

(2) If the customer is an entrepreneur, the place of performance for all services under MusoTec Pay-Later is MusoTec's registered office.

(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from or in connection with MusoTec Pay-Later is MusoTec's registered office.

(4) Individual agreements take precedence over these Terms (Section 305b BGB).

(5) Should individual provisions of these MusoTec Pay-Later Terms be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions remains unaffected. The invalid or unenforceable provision is replaced by the statutory provision.

(6) The headings of these Terms serve solely to improve readability and have no independent legal significance.