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Terms and Conditions

Standard Business Terms and customer information

I. Standard business terms

§ 1 Basic provisions

(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Daniel Krawietz) via the www.musotec.de website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.

(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject-matter of the contract is the selling of products including digital content (data created and delivered in digital form) .

(2) When placing the respective product on our website, we make you a non-binding offer to conclude a purchase contract via the online shopping cart system under the conditions stated in the item description.

 

(3) The contract is concluded via the online shopping cart system as follows:

The goods intended for purchase are placed in the "shopping cart." You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.

After accessing the "checkout area" page and entering your personal data as well as the payment and shipping terms, the order data will be displayed to you as an order summary.

Before submitting the order, you have the opportunity to once again check all details in the order summary, to change them (also using the "back" function of the internet browser), or to cancel the order.

As part of the ordering process, it is necessary for you to actively confirm that you have taken note of the applicable legal texts (Terms and Conditions, Right of Withdrawal, Shipping and Warranty Conditions) and have accepted their validity for your order.

By submitting the order via the corresponding button ("Order with obligation to pay" or similar designation), you make a binding offer to conclude a purchase contract.

A contract is concluded exclusively through our express declaration of acceptance in the form of an order confirmation sent by e-mail.

The automatically generated order confirmation sent upon receipt of the order does not constitute acceptance of the offer, but merely documents that the order has been received.

(4) You are not bound by your enquiries regarding the creation of an offer that have been conveyed to us. We supply you with a textual and binding offer (e.g. via e-mail), which you can accept within a period of 5 days.

(5) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.

§ 3 License to use digital content

(1) The digital content offered is protected by copyright. For each digital content purchased from us, you will receive a usage license from the respective licensor. The type and scope of the usage license are determined by the license terms stated in the respective offer.

§ 4 Individually-designed products

(1) You provide us with the appropriate information, text or data necessary to customise the goods via the online ordering system or via E-mail without undue delay after concluding the contract. Any potential specifications that we may issue regarding file formats are to be borne in mind.
 
(2)
You are obligated to ensure that you do not transfer data whose contents violate the rights of external parties (especially copyrights, rights to names and trademark rights) or break existing laws. You explicitly free us from any and all claims related to this matter that may be raised by external parties. This also applies to the costs associated with any legal representation that may become necessary in this regard.
 
(3) We do not check the transferred data for textual accuracy. In this respect, we assume no liability for errors.

§ 5 Special agreements related to the offered payment methods

(1) Validity check
If we pay in advance, e.g. when paying an invoice or a debit note, your data will be forwarded to SCHUFA Holding AG, Komoranweg 5, 65201 Wiesbaden, for a validity check using a mathematical-statistic process in order to safeguard our authorised interests. We reserve the right to reject the mode of payment of an invoice or debit note on the basis of the results of the validity check.

(2) Payment in instalments via easyCredit

Payment in instalments via easyCredit is also subject to the General Terms and Conditions of Business on Payment in Instalments of easyCredit. These General Terms and Conditions can be found here.

(3) Payment options from Klarna

In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is always made to Klarna:

  • On account: The payment term is 14 days from the date of dispatch of the goods/tickets or, in case of other services, from the date the service is made available. For full conditions of on account purchases for countries where this payment method is available, please click here: GermanyAustria.

  • Payment in instalments: Klarna's financing service allows you to pay for your purchase in fixed or flexible monthly instalments according to the conditions indicated in the checkout section. The instalments are due at the end of each month after Klarna has sent you a monthly invoice. For more information on paying in instalments, including the General Terms and Conditions and Standard European Consumer Credit Information for countries where this payment method is available, click here (only available in the countries indicated): GermanyAustria.

  • Instant bank transfer: Available in Germany and Austria. Your account will be debited immediately after placing the order.

The use of the on account and/or in instalments and/or direct debit payment methods requires a positive credit check. In this respect, we will forward your data to Klarna for the purpose of address and creditworthiness checks before we can accept the purchase and issue the purchase agreement. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check.

You can find further information and Klarna's terms of use here. General information about Klarna can be found here. Klarna will treat your personal data in accordance with the applicable data protection regulations and in accordance with the information in Klarna's Privacy Policy.

For more information about Klarna, please click here. The Klarna app can be found here.

§ 6 Right of retention, reservation of proprietary rights

(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.

(2) The goods remain our property until the purchase price is paid in full.

(3) If you are a businessman, the following conditions also apply:

a) We retain ownership of the goods until all the claims arising from the ongoing business relationship have been settled in full. The goods subject to retention of title may not be pledged or transferred by way of security before ownership of the said goods changes hands.

b) You can re-sell the goods within the framework of an orderly transaction. In this regard, you hereby cede all the claims amounting to the magnitude of the billing amount that accrue to you as a result of the re-selling operation to us, and we accept the cession. Furthermore, you are authorised to collect the claim in question. However, insofar as you do not discharge your payment obligations in an orderly fashion, we reserve the right to collect the claim ourselves.

c) In a situation involving the combination and amalgamation of the goods subject to retention of title, we acquire co-ownership of the newly-formed item. This co-ownership corresponds to the ratio that exists between the invoice value of the goods subject to retention of title and the other processed items at the time of processing.

d) If you make a request of this nature, we shall be obligated to release the securities that are due to us, to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.

§ 7 Warranty

(1) The statutory warranty rights are applicable.

(2) As a consumer, you are requested to promptly check the product for completeness, visible defects and transport damage as soon as it is delivered, and promptly disclose your complaints to us and the shipping company in writing. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.

(3) If a characteristic of the goods deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(4) Insofar as you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:

a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.

b) In the event of defects, we shall, at our discretion, provide warranty by rectification of the defect or subsequent delivery. If the rectification of defects fails, you may, at your option, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the goods or the defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transport of the goods to a place other than the place of performance, unless such transport is in accordance with the intended use of the goods.

c) The warranty period shall be one year from delivery of the goods. The shortening of the period shall not apply

  • for culpable damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or by gross negligence;

  • insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the item;

  • in the case of items which have been used for a building in accordance with their customary use and have caused its defectiveness;

  • in the case of statutory rights of recourse that you may assert against us in connection with rights arising from defects.

§ 8 Choice of law

(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.

§ 9 Special Provisions for Pre-Orders / Special Procurement

(1) Products explicitly marked as “pre-order” or “On pre-order” are items that are not kept in regular inventory and are procured individually and exclusively at the express request of the customer. The order of such products becomes binding upon conclusion of the contract and initiates a custom procurement from the manufacturer or distributor.

(2) The delivery time for such pre-orders depends on the availability at the respective manufacturer or supplier and may extend over several weeks or months. A specific delivery date cannot be guaranteed. Only indicative delivery timeframes may be provided, based on information received from the manufacturer or supplier. These timeframes are non-binding and may change, either by delay or acceleration.

(3) Cancellation of the contract by the customer prior to delivery is generally excluded, unless there is an unreasonable delivery delay. Statutory cancellation and withdrawal rights, particularly under Section 323 of the German Civil Code (BGB), remain unaffected.

(4) A voluntary cancellation may be granted on a goodwill basis in individual cases, provided the pre-ordered item can be resold without financial loss. There is no legal entitlement to such cancellation; however, it is generally offered by us. Any refund will be made only after the item has been fully resold. As a rule, refunds will be processed within 14 days of the resale.

(5) The above provisions do not apply to products for which the statutory right of withdrawal pursuant to Section 355 of the German Civil Code (BGB) applies and is not excluded (e.g., standard items in stock).

(6) If, after receipt of a regular order, it is determined that a product originally stated as available for immediate delivery is only available as a pre-order item from the manufacturer or supplier, the customer will be informed prior to the order confirmation. In this case, the customer has the unrestricted right to reject the order or object to its conversion into a pre-order. Any payment already made will be refunded immediately. If the customer expressly agrees to the conversion to a pre-order—whether in writing, by telephone, or by e-mail—the provisions of this § 9 shall apply from that moment on. Any previously stated delivery times and product description details shall cease to be valid.

§ 10 Assignment of claims


The assignment of any claims arising from the contractual relationship by the customer to third parties is excluded unless we have given our prior written consent.

This does not apply to monetary claims or to mandatory statutory provisions, in particular § 354a of the German Commercial Code (HGB).

§ 11 Special provisions regarding batteries and rechargeable batteries

Batteries and rechargeable batteries are subject to technically induced wear.
The capacity of a battery decreases in normal use due to charging and discharging cycles, aging, and external influences (e.g. temperature, storage).

This reduction in capacity does not constitute a defect within the meaning of statutory defect liability, provided it lies within the product-specific normal technical tolerance.

Statutory warranty rights remain unaffected by this.
However, a claim shall only exist if a technical defect is present (e.g. cell damage or interruption of power supply) that exceeds normal wear.


§ 12 Customer Reviews and Public Statements

(1) Customers have the opportunity to submit reviews about products, the ordering process, or our customer service after completing a purchase through our online shop. Reviews must be factual, truthful, and relate to a specific, actual order placed via our online store.

(2) In particular, the following are not permitted:

  • False factual claims,

  • Defamatory, insulting, or abusive remarks,

  • Reviews without any connection to an actual business relationship,

  • Identical reviews posted across multiple platforms with the intent to damage our reputation,

  • Publication of internal communications, personal data, or trade secrets,

  • Anti-competitive or manipulative content.

(3) The right to submit a review is reserved exclusively for customers who have completed an order via our online shop. Reviews based solely on telephone inquiries, email correspondence, or advisory conversations without a subsequent contract are not permitted.

(4) We reserve the right to request proof of the associated order (e.g., order number or invoice number) in the case of anonymous or pseudonymous reviews, especially if negative statements are made. If no credible assignment can be made, we reserve the right to take legal action and initiate removal of the review through the respective platform.

(5) In the event of culpable violations of these provisions, we reserve the right to take legal action against the author of the review. This includes, in particular, claims for removal, cease and desist, and, where applicable, compensation for damages incurred. Where necessary, we may also claim reimbursement for the costs of legal enforcement (e.g., attorney or court fees).
 



II. Customer information

1. Identity of the seller

Dr. Daniel Krawietz
Münsterstr. 13
44534 Lünen
Germany

E-Mail: support {at} musotec.de

2. Information regarding the conclusion of the contract

The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).

3. Contractual language, saving the text of the contract

3.1 Contract language shall be English.

3.2 The complete text of the contract is not saved with us. Before the order is sent, via the online - shopping cart system the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.

3.3 You will be sent all contractual information within the framework of a binding offer in written form, via E-mail for example, for quotation requests outside of the online shopping basket system, which can be printed out or saved electronically in a secure manner.

4. Codes of conduct

4.1 We are voluntarily subject to the Käufersiegel quality criteria of Händlerbund Management AG which can be viewed at: https://www.haendlerbund.de/de/downloads/kaeufersiegel/kaeufersiegel-zertifizierungskriterien.pdf.

5. Main features of the product or service

The key features of the goods and/or services can be found in the respective quote.

6. Prices and payment arrangements

6.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.

6.2 The dispatch costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website or in the respective quote, are shown separately over the course of the order transaction and must additionally be borne by you, insofar as free delivery is not confirmed.

6.3 You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union.

6.4 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.

6.5 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.

 

6.6 Pre-orders and Price Adjustments
Products explicitly marked as “pre-order” or “not in stock” are items that are not held in permanent stock and are procured exclusively at the individual request of the customer via our online shop. The order for such items becomes binding upon conclusion of the contract and leads to individual procurement from the supplier or manufacturer.

Should our purchase price for a pre-ordered product increase significantly during the procurement period (e.g. due to manufacturer pricing adjustments or logistics costs), we reserve the right to withdraw from the contract before dispatch. In this case, the customer will be informed immediately, and any payment already made will be refunded without delay. No price guarantee is granted for pre-orders.

Further terms and special provisions regarding pre-orders, especially concerning delivery times, cancellation rights, and contract reversals, are set out in § 9 of these Terms and Conditions.

7. Delivery Conditions, Availability, Delivery Times and Reservation of Self-Supply

7.1 The delivery conditions, delivery date and any existing delivery restrictions, as well as the conditions for the provision of digital content, are indicated on a correspondingly labeled button on our website or in the respective offer.

7.2 If you are a consumer, the risk of accidental loss or accidental deterioration of the sold goods during shipment shall not pass to you until the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the seller or a person otherwise designated to carry out the shipment.

7.3 Delivery of the goods generally takes place within the delivery period indicated on the respective product page, calculated from receipt of full payment. The delivery period starts from the time of payment receipt and is based on the assumption that no unforeseen circumstances arise that could delay or hinder shipment.

7.4 If, despite a contractual obligation, we are not supplied correctly or on time by our own suppliers, we reserve the right to withdraw from the contract. In such cases, we will inform the customer without undue delay and refund any payments already made without delay.

If you are a business customer, the risk of loss and deterioration shall pass to you upon dispatch of the goods.

8. Customer Reviews / User Ratings

8.1 Customers have the opportunity to submit reviews regarding products or the order process after completing a purchase. By doing so, they undertake to provide only factual and truthful information and to refrain from publishing any content that violates applicable laws or infringes upon the rights of third parties (including copyrights, trademarks, corporate or personality rights).
The following content is particularly prohibited:

  • false factual statements,

  • insults, defamation, slander or so-called abusive criticism,

  • (even implied) claims of a customer relationship that did not actually exist,

  • publication of unlawful content or confidential business information (e.g. trade secrets),

  • anti-competitive statements or other content that unlawfully harms the reputation or business standing of the company.

8.2 Reviews should refer to circumstances that lie within the provider’s sphere of influence. In cases involving issues caused by third parties (e.g., shipping service providers, manufacturers, or other service partners) that cannot be attributed to us, we reserve the right to remove such reviews in the event of proven abuse.

8.3 In the event of culpable violations of these obligations, we reserve the right to assert claims for damages. If a review is demonstrably unlawful and the author is at fault, we also reserve the right to seek reimbursement from the author for any legal expenses incurred (e.g., legal or court fees), in accordance with applicable statutory provisions.

8.4 Publishing identical or substantially similar reviews on multiple platforms is only permissible if the content is factual and truthful. A systematic, cross-platform dissemination of reviews with the intent of deliberately damaging our reputation or disrupting our business operations—especially by using false claims or offensive content—is prohibited. In such cases, we reserve the right to take legal action, in particular to seek injunctive relief and claim damages.

9. Statutory warranty right

Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I). 

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