Terms and Conditions

General Terms and Conditions (GTC)

§ 1 – Scope of Application / Fundamental Provisions

1.1 These General Terms and Conditions of Dr. Daniel Krawietz, trading as “MusoTec Dr. Daniel Krawietz” (hereinafter referred to as the “Seller”), shall apply to all contracts for the delivery of goods concluded between the Seller and a consumer or entrepreneur (hereinafter referred to as the “Customer”) with respect to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected unless otherwise expressly agreed.

1.2 These General Terms and Conditions shall apply accordingly to contracts for the provision of licence keys unless otherwise expressly provided herein. In such cases, the Seller shall owe the provision of a licence key for the use of the digital content or digital services described by the Seller (hereinafter referred to as the “Digital Products”) and, where applicable, the transmission of information required to redeem the licence key. The Customer does not acquire any intellectual property rights in the Digital Product. The characteristics of the Digital Product shall be determined exclusively by the respective product description provided by the Seller.

1.3 Consumer within the meaning of Section 13 of the German Civil Code (Bürgerliches Gesetzbuch – hereinafter referred to as the “BGB”) for the purposes of these General Terms and Conditions means any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to his or her commercial or independent professional activity.

1.4 Entrepreneur within the meaning of Section 14 BGB for the purposes of these General Terms and Conditions means any natural or legal person or any partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of his, her or its commercial or independent professional activity.

1.5 The classification of the Customer as a Consumer or an Entrepreneur shall be determined by the predominant purpose of the respective legal transaction at the time of conclusion of the contract.

1.6 Entrepreneurial activity may be indicated, in particular, where the purchased products or services are obtained for purposes of a freelance, commercial or other self-employed activity; whether such activity is registered in a public register or as a trade is irrelevant in this respect.

§ 2 – Formation of the Contract

2.1 The products, product descriptions and services presented in the Seller's online shop do not constitute legally binding offers by the Seller but merely serve as an invitation for the Customer to submit a binding contractual offer.

2.2 The Customer may submit a contractual offer via the online ordering process integrated into the Seller's online shop. After placing the selected goods or services into the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with respect to the goods or services contained in the shopping cart by clicking the button concluding the ordering process. A valid contractual offer requires that the Customer has taken note of and accepted the legal information presented during the ordering process, in particular these General Terms and Conditions.

2.3 Formation of the Contract for Physical Goods and Digital Products
2.3.1 Physical Goods

In contracts concerning the delivery of physical goods, the contract shall only be concluded if the Seller accepts the Customer's contractual offer within five (5) business days by

• sending the Customer an order confirmation in text form (e.g. by e-mail), or

• delivering the ordered goods to the Customer.

The period for acceptance of the Customer's contractual offer shall commence on the business day following the submission of the contractual offer by the Customer and shall expire at the end of the fifth business day.

Acceptance of the contractual offer is subject to proper payment in accordance with Section 4 of these General Terms and Conditions and receipt of the corresponding payment confirmation by the Seller or the respective payment service provider.

Receipt of payment alone shall not constitute acceptance of the Customer's contractual offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall constitute a rejection of the offer with the consequence that the Customer shall no longer be bound by his or her declaration of intent and any payment already made shall be refunded without undue delay. Notwithstanding the foregoing, the following applies to payment methods under which payment is, by agreement, made only after delivery (in particular MusoTec Pay-Later as well as invoice purchase and instalment payment via Riverty): the contract shall be concluded upon receipt of the order confirmation in text form, at the latest upon delivery of the goods. Successful approval of the respective payment method (in particular following identity, creditworthiness, fraud and risk checks or confirmation by the payment service provider) shall take the place of the payment confirmation.

2.3.2 Digital Products and Digital Content
In contracts concerning Digital Products, in particular software licences, the contract shall be concluded upon acceptance of the Customer's contractual offer by the Seller. Acceptance shall generally take place by means of payment confirmation and provision of the respective Digital Product.

Where the Customer is a Consumer, the Digital Product shall only be provided before expiry of the statutory withdrawal period if the Customer has expressly agreed during the ordering process that the Seller shall commence performance of the contract before expiry of the withdrawal period and has acknowledged that, by giving such consent, the Customer loses the statutory right of withdrawal (Section 356 (5) BGB).

2.4 Order processing and the transmission of all information required in connection with the conclusion of the contract shall generally be carried out by e-mail. The Customer shall ensure that the e-mail address provided is correct, that receipt of e-mails is technically possible and, in particular, is not prevented by spam filters.

§ 3 – Right of Withdrawal

3.1 Consumers are generally entitled to a statutory right of withdrawal when concluding distance contracts in accordance with Sections 355 and 312g BGB. The right of withdrawal is available exclusively to Consumers within the meaning of Section 13 BGB.

3.2 In the case of contracts concerning digital content, the right of withdrawal may expire prematurely under the statutory requirements, in particular where the Consumer has expressly consented to the Seller commencing performance of the contract before expiry of the withdrawal period and has acknowledged that, by giving such consent, the Consumer loses the statutory right of withdrawal (Section 356 (5) BGB).

3.3 Further details regarding the right of withdrawal are set out in the Seller's Withdrawal Policy.

§ 4 – Prices and Terms of Payment

4.1 Unless otherwise stated in the Seller's product description, all prices quoted are total prices including the applicable statutory value added tax (VAT). Any additional delivery and shipping costs shall be stated separately in the respective product description where applicable.

4.2 The payment methods available to the Customer shall be communicated in the Seller's online shop. The Customer shall bear the risk of the proper initiation and transmission of the payment.

4.3 Payment Requirement and Payment Processing

The Seller shall accept contractual offers submitted by the Customer only if proper payment has been made and the Seller or the respective payment service provider has received the corresponding payment confirmation. Notwithstanding the foregoing, the following applies to payment methods under which payment is, by agreement, made only after delivery (in particular MusoTec Pay-Later as well as invoice purchase and instalment payment via Riverty): the contract shall be concluded upon receipt of the order confirmation in text form, at the latest upon delivery of the goods. Successful approval of the respective payment method (in particular following identity, creditworthiness, fraud and risk checks or confirmation by the payment service provider) shall take the place of the payment confirmation.

The Seller shall not be obliged to deliver goods or Digital Products or to commence performance of the contract before such payment confirmation has been received. Until the contractual offer has been accepted, the Customer shall have no claim to delivery or provision.

The processing of payments through payment service providers and the time required for such processing are beyond the Seller's control. The Customer shall take into account the processing and transmission times of the respective payment service provider. Delays or payment holds caused by the payment service provider shall not give rise to any obligation on the part of the Seller to accept the contractual offer or to deliver the goods.

Any delivery periods specified in the online shop shall commence no earlier than upon acceptance of the contractual offer by the Seller following receipt of payment confirmation.

If proper payment is not made or no corresponding payment confirmation is received, the Customer's contractual offer shall not be accepted. Orders already submitted or payment processes already initiated shall not give rise to any entitlement to the conclusion of a contract in such case. Any payment received shall be refunded without undue delay.

4.4 Where payment in advance by bank transfer has been agreed, the invoice amount shall become due immediately upon submission of the order unless the parties have agreed upon a later due date.

4.5 Where payment in advance by bank transfer has been agreed for business customers, the invoice amount shall become due immediately upon submission of the order and issuance of the invoice unless the parties have agreed upon a later due date.

4.6 If a payment method offered via the payment service "Apple Pay" is selected, payment processing shall be carried out by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland ("Apple"). The individual payment methods available via Apple Pay shall be communicated to the Customer in the Seller's online shop. Apple may use additional payment service providers for payment processing, to which separate payment terms may apply and of which the Customer may be separately informed. Further information regarding Apple Pay is available at https://www.apple.com/de/apple-pay/.

4.7 If a payment method offered via the payment service "Google Pay" is selected, payment processing shall be carried out by Google Ireland Limited, Gordon House, 4 Barrow Street, Dublin, D04 E5W5, Ireland ("Google"). The individual payment methods available via Google Pay shall be communicated to the Customer in the Seller's online shop. Google may use additional payment service providers for payment processing, to which separate payment terms may apply and of which the Customer may be separately informed. Further information regarding Google Pay is available at https://pay.google.com/intl/de_de/about/.

4.8 If a payment method offered via the payment service "Mollie" is selected, payment processing shall be carried out by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, The Netherlands (hereinafter "Mollie"). The individual payment methods offered via Mollie shall be communicated to the Customer in the Seller's online shop. Mollie may use additional payment service providers for payment processing, to which separate payment terms may apply and of which the Customer may be separately informed. Further information regarding Mollie is available at https://www.mollie.com/de/.

4.9 If the payment method MusoTec Pay-Later is selected, the Seller grants the Customer a short-term deferral of payment. Unless otherwise agreed, the purchase price shall be paid by bank transfer, without deduction, within seven (7) calendar days of receipt of the goods, but not before receipt of the invoice. A service fee of 3.5% of the order value applies to the deferral of payment; the fee is shown separately in the ordering process before the order is placed. Provision of MusoTec Pay-Later is subject to a successful identity, creditworthiness, fraud and risk check; the Seller may further make provision dependent on a maximum order value, individual limits (in particular for first-time and new customers), a down payment or further requirements. In addition, the Terms and Conditions for the payment method MusoTec Pay-Later and the supplementary data protection information on MusoTec Pay-Later, each available in the online shop, shall apply.

4.10 If payment by invoice via Riverty is selected, payment processing shall be carried out by Riverty GmbH, Gütersloher Straße 123, 33415 Verl, Germany (hereinafter "Riverty"). The purchase price shall become due after the goods have been delivered and invoiced. In such case, payment shall be made without deduction within the payment period stated on the invoice to the recipient specified therein. Payment by invoice is subject to a successful creditworthiness assessment. Furthermore, the Seller reserves the right to offer payment by invoice only up to a specified order value and to refuse this payment method if the specified order value is exceeded. In such case, the Seller shall inform the Customer of the applicable payment restriction within the payment information provided in the online shop. In all other respects, Riverty's General Terms and Conditions shall apply, which the Customer may access and must accept during the ordering process.

4.11 If the payment method "Riverty Instalments" is selected, payment processing shall be carried out by Riverty GmbH, Gütersloher Straße 123, 33415 Verl, Germany (hereinafter "Riverty"), to whom the Seller assigns its payment claim. Before accepting the assignment, Riverty shall carry out a creditworthiness assessment based on the Customer data transmitted. The Seller reserves the right to refuse the payment method "Riverty Instalments" if the assessment result is negative. If Riverty approves the instalment payment option, the Customer shall pay the invoice amount to Riverty under the conditions specified by the Seller and communicated in the Seller's online shop. In such case, payment with debt-discharging effect may only be made to Riverty. However, even where the claim has been assigned, the Seller shall remain responsible for general customer enquiries relating, for example, to the goods, delivery times, shipment, returns, complaints, declarations of withdrawal and returns, or credit notes. In addition, the Special Contractual Terms governing subsequent instalment payment transactions (Riverty Instalments), available at https://documents.riverty.com/terms_conditions/payment_methods/installments/de_de/, shall apply.

§ 5 – Delivery and Shipping Conditions

5.1 Where the Seller offers shipment of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified during the Seller's order processing shall be decisive.

Unless expressly stated otherwise, any delivery periods indicated shall commence only upon acceptance of the Customer's contractual offer by the Seller and receipt of payment confirmation in accordance with Section 4 of these General Terms and Conditions.

5.2 For goods delivered by freight carrier, delivery shall be made "kerbside delivery" (free kerbside), i.e. to the nearest public kerb at the specified delivery address, unless otherwise stated in the Seller's shipping information or otherwise agreed.

5.3 If, following acceptance of the contractual offer, delivery fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs thereby incurred by the Seller. This shall not apply to the outward shipping costs where the Customer validly exercises the statutory right of withdrawal. The rules set out in the Seller's Withdrawal Policy shall apply to return shipping costs where the right of withdrawal has been validly exercised.

5.4 Where the Customer acts as an Entrepreneur, the risk of accidental loss and accidental deterioration of the goods shall pass to the Customer as soon as the Seller has handed over the goods to the freight forwarder, carrier or any other person or institution designated to carry out the shipment.
Where the Customer acts as a Consumer, the risk of accidental loss and accidental deterioration of the goods shall generally pass only upon delivery of the goods to the Customer or to a person authorised to receive them. Notwithstanding the foregoing, the risk shall pass to the Customer upon handover to the shipping service provider if the Customer has independently commissioned the shipping service provider and the Seller has not previously designated such shipping service provider to the Customer.

5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This shall apply only where the Seller is not responsible for the non-delivery and has concluded a specific covering transaction with its supplier exercising due care. The Seller shall inform the Customer without undue delay and shall immediately reimburse any consideration already received.

5.6 Where the Seller offers collection of the goods, the Customer may collect the ordered goods during the Seller's stated business hours at the address specified by the Seller. In such case, no shipping costs shall be charged.

5.7 Digital Products, in particular licence keys, shall be provided to the Customer by e-mail to the e-mail address specified by the Customer after acceptance of the contractual offer and receipt of the corresponding payment confirmation.

§ 6 – Provision of Licence Keys and Rights of Use

6.1 The Seller distributes licence keys for Digital Products exclusively as a reseller in the name of or on behalf of the respective manufacturer. The Seller itself is neither the owner of the intellectual property rights nor the licensor of the Digital Products offered.

6.2 By purchasing a licence key, the Customer does not acquire any right of use from the Seller. Any rights of use relating to the respective Digital Product are granted exclusively by the respective manufacturer and are governed solely by that manufacturer's licence terms.

6.3 The Seller's obligation is limited exclusively to the proper provision of a valid licence key and, where applicable, the transmission of information required for redemption of the licence key with the manufacturer. Provision of the software itself, the granting of rights of use, updates, software functionality and any support services shall be provided exclusively by the respective manufacturer.

6.4 Use of the Digital Product generally requires the Customer to create a user account with the respective manufacturer and to redeem the licence key provided. The Customer is solely responsible for reviewing and accepting the manufacturer's licence and terms of use.

6.5 Where the licence key relates to the one-time provision of a Digital Product, the Seller shall provide the licence key only after full receipt of payment and acceptance of the contractual offer in accordance with Section 2 of these General Terms and Conditions.

6.6 The scope, duration, transferability and all other conditions relating to the rights of use shall be governed exclusively by the licence agreement concluded between the Customer and the respective manufacturer.

§ 7 – Retention of Title

(a) The delivered goods shall remain the property of the Seller until full payment of the purchase price has been received.

(b) Where the Customer acts as an Entrepreneur, the goods shall remain the Seller's property until all claims arising from the ongoing business relationship have been settled in full (extended retention of title). Prior to the transfer of ownership, pledging or assignment by way of security shall not be permitted.

(c) Where the Customer acts as an Entrepreneur, the Customer shall be entitled to resell the goods subject to retention of title in the ordinary course of business. In such case, the Customer hereby assigns to the Seller all claims against third parties arising from such resale up to the amount of the respective invoice total, and the Seller hereby accepts such assignment. The Customer shall remain authorised to collect such claims. The Seller shall be entitled to revoke this authorisation if the Customer fails to properly fulfil its payment obligations.

(d) Upon the Customer's request, the Seller shall release securities to which it is entitled insofar as the realisable value of such securities exceeds the secured claim by more than ten percent (10%). The Seller shall be entitled to determine which securities are to be released.


§ 8 – Statutory Warranty (Defects Liability)

Unless otherwise provided in the following provisions, the statutory provisions governing liability for defects shall apply.

8.1 Where the Customer acts as an Entrepreneur, the following shall apply:

• The Seller shall be entitled to determine the method of subsequent performance (repair or replacement delivery).

• For new goods, the limitation period for claims for defects shall be one (1) year from delivery of the goods.

• For used goods, all warranty rights in respect of defects shall be excluded.

• The limitation period shall not recommence if replacement goods are supplied under the statutory warranty.

8.2 For contracts concerning the supply of new goods, Consumers shall generally benefit from the statutory warranty period of two (2) years (24 months) from delivery of the goods.

For contracts concerning the supply of used goods, the limitation period for claims for defects shall be one (1) year from delivery of the goods, provided that such reduction has been expressly and separately agreed and the Customer has been expressly informed thereof prior to submitting the contractual declaration.

Irrespective of the foregoing, the Seller grants a voluntary 3-Year MusoTec Warranty for correspondingly labelled products. This voluntary warranty supplements, but does not replace, the Customer's statutory warranty rights.

The scope, commencement, duration, conditions and any exclusions of the voluntary MusoTec Warranty shall be governed exclusively by the applicable warranty terms available at: https://www.musotec.de/de/3-jahre-mt-garantie-bedingungen

8.3 The above limitations of liability and reductions of limitation periods shall not apply:

• to claims for damages or reimbursement of expenses asserted by the Customer,

• where the Seller has fraudulently concealed a defect,

• to goods which, in accordance with their usual purpose, have been used for a building and have caused its defectiveness,

• to any statutory obligation of the Seller to provide updates for goods containing digital elements.

8.4 For Entrepreneurs, the statutory limitation periods applicable to any right of recourse pursuant to Section 445a BGB shall remain unaffected.

8.5 Where the Customer is a merchant (Kaufmann) within the meaning of Section 1 of the German Commercial Code (Handelsgesetzbuch – HGB), the Customer shall be subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with these notification obligations, the goods shall be deemed approved.

8.6 Where the Customer acts as a Consumer, the Customer is requested to report any goods delivered with obvious transport damage directly to the carrier and to inform the Seller accordingly. Failure to do so shall have no effect whatsoever on the Customer's statutory or contractual warranty rights.

8.7 Digital Products and Licence Keys

With regard to Digital Products, in particular software licences, the Seller's liability for defects shall be limited to the proper provision of a valid licence key and, where applicable, the transmission of information required for redemption of the licence key.

The Seller provides no independent digital service within the meaning of Sections 327 et seq. BGB, including, without limitation, no provision, maintenance, updating or warranty regarding the functionality of the software itself. Responsibility for the software's functionality, scope of performance, system requirements, updates, compatibility and the granting and scope of usage rights rests exclusively with the respective manufacturer.

Any warranty or guarantee claims relating to the software itself shall be asserted directly against the respective manufacturer unless otherwise provided in the applicable licence terms.

8.8 Deviation from Objective Requirements

Where any characteristic of the goods deviates from the objective statutory requirements, such deviation shall only be deemed agreed with Consumers if the Consumer was expressly informed thereof prior to submitting the contractual declaration and the deviation was expressly and separately agreed.

8.9 Information Regarding Rechargeable Batteries and Batteries

Rechargeable batteries and batteries are subject to technically unavoidable wear and tear. The capacity of a rechargeable battery decreases during normal use as a result of charging and discharging cycles, ageing and external influences (e.g. temperature or storage conditions). Such reduction in capacity shall not constitute a material defect within the meaning of the statutory warranty provisions, provided that it remains within the technically customary product-specific tolerance. The Customer's statutory warranty rights shall remain unaffected; however, claims shall exist only where a technical defect exceeding normal wear and tear is present.

§ 9 – Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

9.1 The Seller shall be liable without limitation on any legal basis

• in cases of intent or gross negligence,

• for intentional or negligent injury to life, body or health,

• under an express guarantee, unless otherwise provided therein,

• under mandatory statutory liability, including liability under the German Product Liability Act (Produkthaftungsgesetz).

9.2 Where the Seller negligently breaches a material contractual obligation (wesentliche Vertragspflicht), liability shall be limited to the foreseeable damage typical for this type of contract, unless unlimited liability applies pursuant to the preceding subsection. Material contractual obligations are obligations whose fulfilment is essential for the proper performance of the contract and upon whose observance the Customer may regularly rely.

9.3 Any further liability of the Seller shall be excluded.

9.4 The foregoing provisions concerning liability shall also apply with regard to the liability of the Seller's vicarious agents and legal representatives.

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

Where the Customer is a Consumer, this choice of law shall apply only to the extent that the protection afforded by mandatory provisions of the law of the country in which the Consumer has his or her habitual residence is not thereby withdrawn.

§ 12 – Code of Conduct

• The Seller has undertaken to comply with the conditions of participation of the eCommerce initiative "Fairness im Handel", which are available online at https://www.fairness-im-handel.de/teilnahmebedingungen/.

• The Seller has undertaken to comply with the guidelines governing "Google Customer Reviews", which are available online at https://support.google.com/merchants/answer/14629803?hl=de&ref_topic=14629086.

• The Seller has undertaken to comply with the Trusted Shops Quality Criteria, which are available online at https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.

§ 13 – Customer Reviews and Public Statements

13.1 Following completion of an actual order, Customers are entitled to submit reviews regarding products, the ordering process or customer service. Reviews must be objective, truthful and based on the Customer's own verifiable experience arising from the specific business relationship. Permissible expressions of opinion protected under applicable laws governing freedom of expression shall remain unaffected.

13.2 In particular, reviews or other public statements shall be impermissible if they

• contain false statements of fact,

• constitute abusive criticism, insults or defamatory blanket statements,

• are not based on an actual order,

• are intentionally or coordinately published across multiple platforms for the purpose of damaging the Seller's commercial reputation,

• encourage damage to the Seller or incite third parties to submit negative reviews, organise boycotts or undertake other detrimental actions,

• publish internal communications, personal data or trade secrets,

• are used as leverage to enforce claims which do not exist or are not yet due.

13.3 Multiple identical or substantially similar reviews concerning the same matter published across several platforms may constitute an unlawful impairment of the Seller's reputation, particularly where they are published simultaneously or in substantially identical wording, unless justified by an overriding legitimate interest.

13.4 Where reviews are submitted anonymously or under a pseudonym, the Seller shall be entitled to request appropriate proof that an actual order was placed (e.g. order number or invoice number). If no suitable proof is provided, the Seller shall be entitled to seek removal of the review through the respective platform and to examine the initiation of legal proceedings.

13.5 If the Customer intentionally or negligently breaches the foregoing provisions, the Customer shall thereby breach a contractual ancillary obligation pursuant to Section 241 (2) BGB. In such case, the Seller shall be entitled to

• demand cessation of the infringement and removal of the unlawful review,

• request removal through the relevant review platforms,

• and claim compensation for all damages resulting from the infringement, including reasonable legal enforcement costs.

13.6 Any further statutory rights or remedies shall remain unaffected.

§ 14 – Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.