Terms & Conditions

Goldberg Verlag – General Terms and Conditions (T&C)

§1 Scope

(1) The subject of these General Terms and Conditions of Business, including the mandatory information according to the Distance Selling Law, is the regulation of all contracts made between customers (private retail customers, consumers within the meaning of the German Civil Code) and Goldberg Verlag insofar as they relate to the ordering processes which are carried out by the use of electronic telecommunications. All services are provided exclusively in accordance with the following terms and conditions applicable at the time the order is placed, unless individual agreements have been expressly made in writing. The publisher shall not recognize any deviating conditions for purchasers unless he has agreed expressly to their validity.
(2) Customer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activities.

§2 Conclusion of Contract

(1) The description of the product range on our website serves – as the printed catalogs – solely to provide information to the customer. This is not an offer to conclude a contract within the meaning of § 145 of the German Civil Code. The customer’s order represents a binding offer to conclude a sales contract; this also applies to orders placed via our webshop or by e-mail or telephone or other of the publisher’s channels (e.g. Facebook, Instagram, WhatsApp).
(2) An order of physical (printed) products via the webshop can be placed as follows:
– the customer can use their existing customer account or, if no customer account exists yet, they can open a customer account via the webshop with their first order
– the customer can place an order without a customer account; in this case the information required for the purchase must be entered into the form
An order for digital products (downloads) is only possible via a customer account. Where a customer account does not yet exist, one must be opened during the ordering process.
(3) When placing an order via our website the customer receives an order confirmation by e-mail. Should individual details of the product range on the website be incorrect, the publisher will inform the customer of this on receipt of the order and make a corresponding counter-offer.
(4) The order confirmation is not a declaration of acceptance; when ordering physical (printed) products, the sales contract comes into effect with the despatch of the goods and invoice. When ordering digital products (downloads) the license agreement comes into effect with the provision of a relevant link by e-mail or in the customer account.
A separate declaration of acceptance of the order by the publisher to the customer is not issued; the customer waives this in accordance with §151 S.1 of the German Civil Code. If the publisher does not accept the offer, the customer will be informed immediately.

§3 Revocation

(1) Right of Revocation for Consumers

Right of Revocation

You have the right to revoke this contract within fourteen days without giving any reasons. The fourteen day revocation period commences on the day you or a designated third party, other than the carrier, have received the goods. In order to exercise your right of revocation, you must inform us by means of an explicit declaration (e.g. by letter sent by post, fax, or e-mail) of your decision to revoke this contract. Please send this to:

Goldberg Verlag

Saalburgallee 30 E

60385 Frankfurt am Main

e-mail: info@goldberg-verlag.com

In order to comply with the revocation period, it is sufficient that you send the notification of exercising the right of revocation before the end of the revocation period.

Legal Consequences of Revocation

If you revoke this contract, we will reimburse all payments we have received from you, including shipping costs (except for any additional costs arising from your choice of delivery method other than the cheapest standard delivery we offer) without delay and no later than fourteen days after receiving notification of your revocation of the contract. For this refund we will use the same method of payment which you used to complete the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
We may refuse a refund until we have received the goods, or until you have provided proof that you have returned the goods, whichever is earlier. You must return the goods to us either via post or directly within fourteen days of the day on which you inform us of your decision to revoke the contract. The deadline is met if you despatch the goods before the end of the fourteen day revocation period. You will bear the direct costs of returning the goods. You will only be liable for any eventual loss of value of the goods if this loss of value is due to unnecessary handling of the goods for testing the nature, properties and functioning of the goods.

(2) Exclusion of the Right of Revocation
The right of revocation does not apply to goods which were produced according to customer specifications or are clearly tailored to personal needs (e.g. offprints) or which by their very nature are not suitable for return e.g., antiquarian items). Furthermore, the right of revocation does not apply to distance contracts for the supply of audio and video recordings or of software if the seal has been broken by the customer. The seal is considered to be broken when the cellophane protective wrapping has been removed.
(3) Expiry of the Right of Revocation
The right of revocation expires with the purchase of digital products (downloads) if the customer explicitly agrees that Carus begins with the execution of the contract i.e. with the provision of the digital data before the expiry of the revocation period begins, and the customer has confirmed their acceptance of this by their agreement that they lose their right of revocation with the beginning of the execution of the contract.

§4 Goods subject to non-availability

The publisher reserves the right to refrain from processing the order if a title ordered is not in stock, or the out-of-stock title is out of print and the goods ordered are therefore not available. In this case, the publisher will immediately inform the customer of the non-availability and reimburse any payment already made.

§5 Prices

(1) Prices listed on our website are valid. Errors are excepted and prices are subject to change.
(2) All prices are given in Euros and generally do not include shipping costs, unless the order is expressly offered with free shipping. When issuing invoices for the purchase of physical (printed) products to domestic (German) and Austrian customers, the prices quoted are inclusive of the respective or national value added tax. When issuing invoices for the purchase of physical (printed) products to customers in other EU countries, German value added tax is shown. With orders from EU countries the invoice will be issued without value added tax where the customer provides the publisher with a valid VAT number. In third countries prices are net prices. Printed music and books in both physical (printed) and digital form are subject to legally-binding fixed prices in the Federal Republic of Germany.
(3) Prices for special offprints will be calculated upon request.

§6 Terms and Conditions of Payment

(1) The invoiced amount is due upon conclusion of the contract and is payable immediately, unless otherwise stipulated. The invoice amount should be paid excluding bank charges.
The deduction of discounts is not permitted.
(2) In special cases with the purchase of physical (printed) products, purchase on account is possible.
In such cases the invoice amount should be transferred to the specified account within 14 days. If the payment deadline is exceeded, the publisher will without notice charge interest calculated at the rate the publisher itself is charged by its bank.
In principle, this option does not apply when purchasing licences for the use of digital products (downloads). Payment options are exclusively instant payment methods.

§7 Shipping Costs / Invoice / Terms of Delivery

(1) You can find information on shipping costs under HTTP://GOLDBERG-VERLAG.COM/LEGAL/VERSAND/
(2) If the customer has not selected a shipping method, the publisher will ship according to the basic tarif in the schedule. Delivery times listed in the shipping costs schedule are non-binding guidelines.
(3) The supply of digital products (downloads) usually takes place immediately after the completion of the order by providing a link via e-mail or by providing a link in the customer account.
The processing of the order and the transmission of the data is partly automated. The customer should ensure that the data provided, in particular the e-mail address, is correct, and that e-mail receipt is technically secure, in particular that no spam filters prevent transmission.
(4) In principle, the invoice is sent together with the goods. With an order comprising exclusively digital products (downloads) the invoice is only sent electronically by e-mail. If physical and digital products (downloads) are ordered together, a composite invoice is issued for all items ordered. In such cases, the invoice will only be included in the physical shipment.
(5) If the customer does not accept the goods, the publisher has the right, at its discretion, to withdraw from the contract or to claim damages for non-fulfilment of the contract.

§8 Guarantee

If there is a defect in the purchased item, the statutory warranty regulations of §§434ff. of the German Civil Code apply.

§9 Compensation

The customer is entitled to compensation only if their counterclaims are legally confirmed or recognized by the retailer.

§10 Retention of Title

The goods supplied remain the property of Carus-Verlag GmbH & Co. KG until the customer has paid the purchase price in full.

§11 Choral Leaflets and Choral Scores, Instrumental Parts

Choral leaflets and choral scores will only be sold in choral quantities (minimum 20 copies). Exceptions are only possible in justified cases. Minimum order quantities also apply to string parts of works scored for larger forces. Wind parts may only be ordered in complete sets.

§12 Prohibition of Copying

The items contained in the publisher’s catalog are protected by law. Any kind of reproduction is prohibited by law and is liable to prosecution, unless reproduction has specifically been allowed by the publisher.

§ 13 Performance of protected works

(1) The following works are protected by the German Copyright Act
Works by living authors or works by authors who have died within the last 70 years.
Works protected as scientific works or first editions under § 70, § 71 of the German Copyright Act [UrhG].

§14 Data Protection Policy

The collection, processing, and use of all personal data is exclusively for order processing, and will be treated confidentially. Data will only be passed to third parties insofar as this is necessary for processing an order. The purchaser expressly consents to the collection, storage, processing, and use of personal data. The purchaser has a right to information, and to the correction, blocking, and deletion of their stored data. For details, please refer to our Data Protection Policy.

§15 Applicable Law and Jurisdiction

The law of the Federal Republic of Germany shall apply excluding the United Nations Convention on the International Sale of Goods.
If the customer is a merchant or legal entity under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is Stuttgart, Germany.

§ 16 Online Dispute Resolution

Since the first quarter of 2016 the EU Commission has provided an internet platform for the online resolution of disputes (called the “ODR Platform”). The ODR Platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. The ODR Platform can be accessed at the following link: HTTPS://EC.EUROPA.EU/CONSUMERS/ODR
Goldberg Verlag does not participate in dispute resolution procedures before consumer arbitration boards.