Terms and Conditions

Terms and Conditions - T&Cs

§ 1 - Scope / Fundamental Provisions

1.1 These Terms and Conditions of Dr. Daniel Krawietz, trading as “MusoTec Dr. Daniel Krawietz” (hereinafter the “Seller”), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter the “Customer”) and the Seller in respect of 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 agreed.

1.2 These T&Cs shall apply accordingly to contracts for the provision of licence keys, unless otherwise stipulated in this respect. In this case, the Seller owes the provision of a licence key for the use of the digital content or digital services described by the Seller (hereinafter “digital products”) and – where owed – the transmission of information for redeeming the licence key. The Customer does not acquire any intellectual property in the digital product. The relevant product description provided by the Seller shall be decisive for the characteristics of the digital product.

1.3 Consumer within the meaning of Section 13 of the German Civil Code (Bürgerliches Gesetzbuch, hereinafter “BGB”) for the purposes of these T&Cs is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity.

1.4 Entrepreneur within the meaning of Section 14 BGB for the purposes of these T&Cs is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

1.5 The decisive factor for the legal classification of the Customer and their order as a consumer or entrepreneur is exclusively the purpose of the respective legal transaction. If the Customer relies on classification as a consumer within the meaning of Section 13 BGB although there are clear indications of entrepreneurial action within the meaning of Section 14 BGB, it is the Customer’s responsibility to explain and, if necessary, prove that the respective legal transaction is predominantly attributable to private purposes.

1.6 As an entrepreneur within the meaning of these T&Cs are also deemed to be persons who obtain the acquired services or products predominantly for purposes of a liberal profession, commercial activity, secondary occupation or other self-employed activity, regardless of whether such activity is pursued as a main or secondary occupation, is entered in public registers or a trade registration has been made.

1.7 Entrepreneurial action exists in particular and as a rule where the acquired services or products are used in connection with the Customer’s own internet, media or brand presence, for example via websites, social media profiles or platform appearances, provided that services or products for an economic purpose are typically offered or exploited there.

§ 2 - Conclusion of Contract

2.1 The products with product descriptions and services contained in the Seller’s online shop do not constitute binding offers by the Seller, but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit a contractual offer via the online ordering process integrated in the Seller’s online shop. In doing so, after placing the selected goods or services in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer in respect of the products or services contained in the shopping cart by clicking the button that completes the ordering process. A prerequisite for submitting a valid contractual offer is that the Customer has taken note of and agreed to the legal texts displayed in the ordering process, in particular these Terms and Conditions.

2.3 Conclusion of contract for physical goods and digital products
2.3.1 Physical goods  

In the case of contracts for the delivery of physical goods, the contract is concluded only when the Seller accepts the Customer’s contractual offer within five working days,

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

The period for acceptance of the contractual offer by the Seller begins on the working day following the dispatch of the contractual offer by the Customer and ends upon expiry of the fifth working day.

Acceptance of the contractual offer is conditional upon proper payment having been made in accordance with Section 4 of these T&Cs and corresponding confirmation of payment being available to the Seller or the payment service provider used, as applicable.

Receipt of a payment does not yet constitute acceptance of the contractual offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection with the consequence that the Customer is no longer bound by their declaration of intent and any payment already made will be refunded without undue delay.

2.3.2 Digital products and digital content  
In the case of contracts for digital products, in particular software licences, the contract is concluded upon acceptance of the contractual offer by the Seller. Acceptance is generally effected by confirmation of payment and provision of the respective digital product.

If the Customer is a consumer, provision of the digital product before expiry of the withdrawal period shall only take place if the Customer has expressly consented in the ordering process that the Seller begins performance of the contract before expiry of the withdrawal period and has confirmed their knowledge that by giving such consent they lose their right of withdrawal (Section 356 (5) BGB).

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

§ 3 - Right of Withdrawal

3.1 Consumers generally have a right of withdrawal in accordance with Sections 355, 312c BGB when concluding distance selling contracts. A right of withdrawal exists exclusively for consumers within the meaning of Section 13 BGB.

3.2 In the case of contracts for digital content, the right of withdrawal may expire prematurely under the statutory requirements, in particular if the consumer has expressly consented that the Seller begins performance of the contract before expiry of the withdrawal period and has confirmed their knowledge that by giving such consent they lose their right of withdrawal (Section 356 (5) BGB).

3.3 Further information on the right of withdrawal can be found in the Seller’s withdrawal policy.

§ 4 - Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices including statutory value added tax (VAT). Any additional delivery and shipping costs that may apply are stated separately in the respective product description.

4.2 The payment options available to the Customer are communicated in the Seller’s online shop. The Customer bears the risk of properly initiating and transmitting the payment.

4.3 Prerequisite for payment and payment processing

The Seller accepts contractual offers from the Customer only if proper payment has been made and corresponding confirmation of payment is available to the Seller or the payment service provider used, as applicable.

The Seller is not obliged to deliver goods or digital products before receipt of such confirmation of payment or to begin performance of the contract. Until acceptance of the contractual offer, the Customer has no entitlement to delivery or provision.

The handling and processing of payments via payment service providers as well as their duration take place outside the Seller’s sphere of influence. The Customer must take into account processing and transmission times caused by the respective payment service provider. Delays or withholdings by the payment service provider do not constitute an obligation to accept the contractual offer or to deliver.

The delivery times stated in the online shop commence at the earliest upon acceptance of the contractual offer by the Seller after confirmation of payment has been received.

If no proper payment is made or no corresponding confirmation of payment is available, the Customer’s contractual offer will not be accepted. Orders already transmitted or payment processes initiated do not, in this case, give rise to an entitlement to conclude a contract; any payment will be refunded without undue delay.

4.4 If advance payment by bank transfer has been agreed, the invoice amount is due immediately after the order has been placed, unless the parties have agreed a later due date.

4.5 If a payment method offered via the payment service Mollie is selected, payment processing is carried out by the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter “Mollie”). The individual payment methods offered via Mollie are communicated to the Customer in the Seller’s online shop. Further information about Mollie is available at https://www.mollie.com/de .

4.6 If a payment method offered via the payment service Stripe is selected, payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Stripe, including credit card payments, are communicated to the Customer in the Seller’s online shop. Stripe reserves the right to carry out a credit check and to reject individual payment methods in the event of a negative result. Further information about Stripe is available at https://stripe.com/de .

4.7 If a payment method offered via the payment service “Klarna” is selected, payment processing is carried out via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). Further information as well as Klarna’s terms and conditions in this regard can be viewed here: https://www.musotec.de/de/versandbedingungen

4.8 If the payment method “Riverty Instalment Payment” is selected, payment processing is carried out by Riverty GmbH, Gütersloher Straße 123, 33415 Verl, Germany (hereinafter “Riverty”), to which the Seller assigns its payment claim. Before accepting the assignment, Riverty carries out a credit check using the Customer data transmitted. The Seller reserves the right to refuse this payment method to the Customer in the event of a negative check result.
If the payment method is approved, the Customer must pay the invoice amount to Riverty in accordance with the conditions communicated in the Seller’s online shop. In this case, the Customer may only make payment to Riverty with discharging effect. The Seller remains responsible, even in the case of assignment of the claim, for general customer enquiries, in particular relating to goods, delivery times, shipping, complaints, withdrawal declarations and credit notes. In addition, Riverty’s contractual terms apply, available at https://documents.riverty.com/terms_conditions/payment_methods/installments/de_de/.

§ 5 - Delivery and Shipping Terms

5.1 If the Seller offers shipping of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address stated by the Customer, unless otherwise agreed. The delivery address stated in the Seller’s order processing shall be decisive.
Unless expressly stated otherwise, stated delivery periods begin only upon acceptance of the contractual offer by the Seller and after confirmation of payment in accordance with Section 4 of these T&Cs.

5.2 For goods delivered by freight forwarding company, delivery is made “to the kerbside”, i.e. to the public kerbside closest to the delivery address, unless otherwise stated in the shipping information in the Seller’s online shop and unless otherwise agreed.

5.3 If delivery of the goods fails after acceptance of the contractual offer for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply to the costs of shipping to the Customer (outbound shipping) if the Customer effectively exercises their right of withdrawal. In the event of effective exercise of the right of withdrawal, the provisions of the Seller’s withdrawal policy apply to return shipping costs.

5.4 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has handed the item over to the carrier, freight forwarder or other person or institution designated to carry out the shipment.
If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods shall generally pass only upon handover of the goods to the Customer or a person authorised to receive them. Deviating from this, the risk shall pass already upon handover to the shipping service provider if the Customer has commissioned it themselves and the Seller has not previously designated this 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 applies only if the non-delivery is not attributable to the Seller and the Seller has concluded a specific cover transaction with the supplier with the required diligence. The Seller will inform the Customer without undue delay and will refund any consideration already provided without undue delay.

5.6 If the Seller offers collection of the goods, the Customer may collect the ordered goods at the stated address within the Seller’s business hours. In this case, no shipping costs will be charged.

5.7 Digital products, in particular licence keys, will be provided to the Customer by e-mail to the e-mail address specified by the Customer after acceptance of the contractual offer and after confirmation of payment has been received.

§ 6 - Provision of Licence Keys and Rights of Use

6.1 The Seller sells licence keys for digital products exclusively as a reseller in the name or on behalf of the respective manufacturer. The Seller itself is neither the rights holder 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. The granting of rights of use in the respective digital product is made exclusively by the respective manufacturer and is subject to its licence terms.

6.3 The Seller owes exclusively the proper provision of a valid licence key as well as – where provided for – the transmission of information for redeeming the licence key with the manufacturer. Provision of the software, the granting of rights of use, updates, scope of functions and any support services are provided exclusively by the manufacturer.

6.4 To use the digital product, it is generally necessary for the Customer to create a user account with the respective manufacturer and redeem the provided licence key there. It is the Customer’s responsibility to review and accept the manufacturer’s licence and terms of use.

6.5 Insofar as the licence key relates to the one-time provision of a digital product, the Seller will provide the licence key only after full receipt of payment and after acceptance of the contractual offer pursuant to Section 2 of these T&Cs.

6.6 The licence agreement between the Customer and the respective manufacturer shall be exclusively decisive for the scope, duration, transferability and other modalities of the rights of use.

§ 7 - Retention of Title

(a) The delivered goods remain the property of the Seller until full payment of the purchase price owed.

(b) If the Customer acts as an entrepreneur, the goods remain the property of the Seller until full settlement of all claims arising from the ongoing business relationship (extended retention of title). Prior to transfer of ownership, pledging or transfer by way of security is not permitted.

(c) If the Customer acts as an entrepreneur, they are entitled to resell the reserved goods in the ordinary course of business. In this case, the Customer hereby assigns to the Seller all claims in the amount of the invoice total that accrue to them from the resale to third parties; the Seller accepts the assignment. The Customer remains authorised to collect the claims. The Seller is entitled to revoke this authorisation if the Customer does not properly fulfil their payment obligations.

(d) The Seller undertakes, at the Customer’s request, to release securities to which it is entitled to the extent that the realisable value of the securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released shall be at the Seller’s discretion.

§ 8 - Liability for Defects (Warranty)

Unless otherwise stated in the following provisions, the statutory provisions on liability for defects shall apply.

8.1 If the Customer acts as an entrepreneur, the following applies:

• The Seller is entitled to determine the type of subsequent performance (repair or replacement delivery).

• For new goods, the limitation period for claims for defects is one year from delivery of the goods.

• For used goods, rights in respect of defects are excluded.

• The limitation period does not recommence if a replacement delivery is made within the scope of liability for defects.

8.2 For contracts for the supply of new goods, consumers are generally subject to the statutory warranty period of two years (24 months) from delivery of the goods.

For contracts for the supply of used goods, the limitation period for claims for defects is one year from delivery of the goods, provided that this reduction has been expressly and separately agreed and the Customer has been expressly informed thereof before submitting their contractual declaration.

Irrespective of this, the Seller grants a voluntary 3-year MusoTec warranty for its products over a longer period (e.g. 36 months). This voluntary warranty supplements the statutory warranty rights and does not replace them.

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

8.3 The above limitations of liability and reductions of time limits do not apply:

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

• in the event of fraudulent concealment of a defect,

• for goods that have been used for a building in accordance with their customary use and have caused its defectiveness,

• for a statutory obligation of the Seller to provide updates for goods with digital elements.

8.4 For entrepreneurs, the statutory limitation periods for any existing right of recourse pursuant to Section 445a BGB remain unaffected.

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

8.6 If the Customer is a consumer, they are requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the Seller thereof. Failure by the Customer to do so has no effect whatsoever on their statutory or contractual rights regarding defects.

8.7 Digital products and licence keys

For digital products, in particular software licences, the Seller’s liability for defects is limited to the proper provision of a valid licence key and – where owed – to the transmission of information for redeeming the licence key.

The Seller provides no own performance within the meaning of Sections 327 et seq. BGB, in particular no provision, maintenance, updating or functional warranty of the software itself. The respective manufacturer is exclusively responsible for the functionality of the software, the scope of performance, system requirements, updates, compatibility and the granting and scope of rights of use.

Any warranty or guarantee claims regarding the software itself must be asserted directly against the respective manufacturer, unless otherwise provided in its licence terms.

8.8 Deviation from objective requirements

Insofar as a feature of the goods deviates from the objective requirements, the deviation shall only be deemed agreed vis-à-vis consumers if the consumer was expressly informed thereof before submitting their contractual declaration and the deviation was expressly and separately agreed.

8.9 Notes on rechargeable batteries and batteries

Rechargeable batteries and batteries are subject to technically induced wear. The capacity of a rechargeable battery decreases during normal use due to charging and discharging cycles, ageing and external influences (e.g. temperature, storage). Such a reduction in capacity does not constitute a defect within the meaning of statutory liability for defects, provided it is within the technical tolerance customary for the product. Statutory warranty rights remain unaffected; however, a claim exists if a technical defect is present that goes beyond normal wear.

§ 9 - Liability

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

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

• in the event of intent or gross negligence,

• in the event of intentional or negligent injury to life, body or health,

• on the basis of a guarantee promise, insofar as nothing else is regulated in this respect,

• due to mandatory liability, such as under the Product Liability Act.

9.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited pursuant to the above clause. Material contractual obligations are obligations which the contract imposes on the Seller according to its content to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the Customer may regularly rely.

9.3 Otherwise, the Seller’s liability is excluded.

9.4 The above liability provisions shall also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.

§ 11 - Applicable Law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

In the case of contracts with consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence.

§ 12 - Code of Conduct

• The Seller has submitted to the participation conditions for the eCommerce initiative “Fairness in Trade”, which can be viewed on the internet at https://www.fairness-im-handel.de/teilnahmebedingungen/ .

• The Seller has submitted to the guidelines for “Google Customer Reviews”, which can be viewed on the internet at https://support.google.com/merchants/answer/14629803?hl=de&ref_topic=14629086 .

• The Seller has submitted to the Trusted Shops quality criteria, which can be viewed on the internet at https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf .

§ 13 – Customer Reviews and Public Statements

13.1 After completion of an actual order, Customers are entitled to submit reviews of products, the ordering process or customer service. Reviews must be objective, truthful and based on the Customer’s own, verifiable experience from the specific business relationship. Permissible opinions within the scope of statutory freedom of expression remain unaffected.

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

• contain untrue statements of fact,

• constitute defamatory criticism, insults or disparaging generalisations,

• are not based on an actual order,

• are disseminated deliberately or in a coordinated manner across multiple platforms in order to damage the Seller’s business reputation,

• call for harm to the Seller or incite third parties to negative reviews, boycotts or other adverse measures,

• publish internal communications, personal data or trade secrets,

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

13.3 Multiple identical or substantially similar reviews of the same matter on several platforms may constitute impermissible reputational damage, in particular if they occur in a concentrated time period or in identical content, provided they are not covered by an overriding legitimate interest.

13.4 In the case of anonymous or pseudonymous reviews, the Seller is entitled to request suitable evidence of the actual order (e.g. order or invoice number). If no suitable evidence is provided, the Seller is entitled to initiate deletion of the review via the respective platform and to consider legal action.

13.5 If the Customer intentionally or negligently breaches the above provisions, they breach an ancillary contractual obligation pursuant to Section 241 (2) BGB. In this case, the Seller is entitled to

• demand injunctive relief and removal of the unlawful review,

• pursue deletion via review platforms,

• and claim compensation for the damage caused by the infringement, including necessary legal enforcement costs.

13.6 The assertion of further statutory claims remains unaffected.

§ 14 - Alternative Dispute Resolution

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