Terms and conditions for private customers

Accolade Musikverlag und Notenversand uses the following terms and conditions as the basis for filling your order. The terms and conditions which are current at the time of receiving your order will be deemed valid. We do not recognize any deviation from these conditions, unless we have issued specific written confirmation.

Ordering from us

Orders should be sent by post, fax, e-mail, Internet or telephone stating name, address, telephone number and customer number (if known).

Your order constitutes an offer by you to purchase the goods specified in it on these terms and conditions. No offer placed by you shall be accepted by us other than, 
  (a) by a written acknowledgement issued and executed by us; or
  (b) (if earlier) by the dispatch by us of the goods contained in the order to you, 
when a contract for the sale and purchase of the goods on these terms and conditions will be established. 

We may refuse to accept an order: 
  (a) when goods are not available;
  (b) when we cannot obtain authorisation for your payment;
  (c) if there has been a pricing or product description error; or
  (d) if you do not meet any eligibility criteria set out in our terms and conditions. 

Mail order and delivery

1. We reserve the right to part deliveries.
2. If the required goods are not available Accolade Musikverlag und Notenversand is not obliged to deliver. In this case we will inform the customer of the non-availability. As some publishers do not inform us of price increases, we are also not obliged to deliver at the advertised price. If, because of the retail price maintenance laws in Germany, we have to ask a higher price than originally offered, the customer has the right to cancel his order, even after the cancellation period.

3. All orders with a value over 10€ are delivered free of charge to addresses within Germany. Orders under 10€ are charged a flat fee of 2€. Special delivery requests, such as express delivery, letter rate, etc. are charged extra.

4. Deliveries to addresses outside of Germany are charged at the actual postage costs. The costs depend on destination and weight (see - Delivery charges). 

Damaged goods

Obvious damages must be reported to us within 7 days of delivery. Damage sustained in transit must be reported to the carrier without delay. The damaged packaging should be kept. We do not accept responsibility for any damages which are not reported within the time limit.

Payment
1. Customers within Germany:- Bank transfer on receipt of invoice, direct debit or payment in advance. We reserve the right to insist on direct debit or advance payment from any customers with previous payment difficulties.

2. Customers outside of Germany:- Creditcard (Mastercard or Visa) or advance payment.

3. Goods remain the property of Accolade Musikverlag und Notenversand until paid for in full. 

Sale or return

Delivery of goods on a sale or return basis is not possible. We stress that we will not supply customers whom we suspect of copying music before returning it!

Responsibilities
1. In the case of defective goods, the customer is entitled to have the goods repaired or replaced. 
2. If we are unable to make the necessary corrections, the customer is entitled to cancel the order or ask for a reduction in price.
3. We can be held legally responsible for damages sustained by the customer through deliberate or irresponsible actions of our agents or staff. Unless we are found guilty of a deliberate breach of contract, the damage liability is restricted to the foreseeable, typical type of damage.
4. We can be held legally responsible if found guilty of breach of contract; in this case liability is restricted to the foreseeable, typical type of damage. We are not liable for any loss or damage, e.g. for cancellation of concerts, that you may incur due to delays for delivery of the goods.
5. While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice.
6. Unless an alternative has been agreed, liability is excluded.
7. The statute of limitations is 24 months from delivery.
8. If this website is signposted by internet sites run by a third party, Accolade Musikverlag und Notenversand accepts no responsibility for their content. 

Governing law and jurisdiction 

1. These terms and conditions shall be governed by and construed in accordance with German law, excluding UN purchase law, even for foreign orders and deliveries. Disputes arising in connection with these terms and conditions, including those concerning foreign customers, shall be subject to the exclusive jurisdiction of the courts of the Miesbach district. Accolade Musikverlag und Notenversand reserves the right to sue the customer in its own court district.
2. In legal matters with business people or legal representatives of public law it is agreed that all cases fall under the jurisdiction of Miesbach district.