Terms of service

General Terms and Conditions and Customer Information

I. General Terms and Conditions for the Sale of Goods (excluding tickets)

§ 1 Basic Provisions

  1. The following terms and conditions apply to contracts concluded with us as the supplier (MusicMerch GmbH) via the website www.hardbone.shop. Unless otherwise agreed, the inclusion of any terms of your own is objected to.

  2. A consumer, within the meaning of the following provisions, is any natural person who enters into a legal transaction for purposes that cannot predominantly be attributed to their commercial or self-employed professional activity. An entrepreneur is any natural or legal person or a legally responsible partnership acting in the exercise of their independent professional or commercial activity when entering into a legal transaction.

§ 2 Conclusion of the Contract

  1. The subject of the contract is the sale of goods.

  2. By placing the respective product on our website, we make a binding offer to conclude a contract under the conditions stated in the product description via the online shopping cart system.

  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" at any time using the corresponding button in the navigation bar and make changes there.
    After clicking the "Checkout" or "Proceed to Order" button (or similar), entering your personal data, and selecting the payment and shipping terms, your order details will be displayed as an order summary.

    If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay), you will either be redirected to the order summary page in our online shop or to the website of the payment provider.
    Once redirected, enter your payment information. Finally, you will either be shown the order summary on the provider’s website or be redirected back to our site to see the summary again.

    Before submitting the order, you have the opportunity to review and change your entries or cancel the order using the browser’s "back" function.

    By clicking the button to submit your order (“place binding order,” “buy now,” or similar wording), you legally accept our offer, and the contract is concluded.

  4. Order processing and transmission of all information necessary in connection with the conclusion of the contract are handled via email, partly automated. You must ensure that the email address you provide is correct, that you can receive emails, and that these are not blocked by spam filters.

§ 3 Special Terms for Offered Payment Methods

  1. Payment via PayPal / PayPal Checkout
    If you select a payment method offered through “PayPal” / “PayPal Checkout,” payment processing is carried out by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal").
    The individual payment methods offered via PayPal will be shown on our website and during the order process. PayPal may use other payment services to process the payment; if specific conditions apply, you will be informed separately. More information can be found at: https://www.paypal.com/de/webapps/mpp/ua/legalhub-full

§ 4 Right of Retention, Reservation of Title

  1. You may only exercise a right of retention if it pertains to claims arising from the same contractual relationship.

  2. The goods remain our property until the full purchase price has been paid.

§ 5 Warranty

  1. Statutory warranty rights apply.

  2. As a consumer, you are asked to immediately check the goods upon delivery for completeness, visible defects, and transport damage and to inform us and the carrier of any complaints as soon as possible. Failing to do so has no effect on your statutory warranty rights.

  3. If a feature of the goods deviates from the objective requirements, such deviation is only agreed upon if you were informed of this prior to the conclusion of the contract and it was expressly agreed between both parties.

§ 6 Choice of Law, Place of Performance, Jurisdiction

  1. German law applies. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the country of habitual residence is not withdrawn (favorable principle).

  2. The place of performance for all services from our business relations and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, legal entity under public law, or public special fund. The same applies if you have no general jurisdiction in Germany or the EU or if your place of residence is unknown at the time of the legal action.

  3. The provisions of the UN Convention on Contracts for the International Sale of Goods do not apply.

II. General Terms and Conditions for Ticket Sales

  1. The offer to conclude a contract is made by the customer by clicking the “Buy” button or the clearly marked button according to § 312j (3) BGB. The contract is only concluded upon allocation and transmission of a transaction/order number by MusicMerch GmbH (heavysaurus.store) to the customer. MusicMerch GmbH is not the organizer of the events.

  2. Unless otherwise agreed, the commercial resale of tickets is prohibited. Private resale is only allowed at the printed ticket price plus proven fees (e.g. shipping), and only up to a max of 25% above the ticket price. Violation may lead to refusal of admission by the organizer.

  3. MusicMerch GmbH may cancel an order (even after a transaction number has been issued) if the customer violates specific conditions of the organizer or MusicMerch GmbH or attempts to bypass them (e.g. ticket quantity limits, use of multiple accounts), or if outstanding claims exist. Tickets must not be used for commercial promotions or resale in or near the venue without prior written consent.

  4. §§ 346 ff. BGB apply, excluding § 350 BGB.

  5. In the event of rescheduling, the organizer may declare the original tickets valid for the new date. Returns are excluded unless attending the new date is demonstrably unreasonable for the ticket holder.

  6. In the case of conflicting terms between the organizer and MusicMerch GmbH, the latter shall take precedence.

  7. Contracts for services related to leisure activities (e.g. event tickets) for a specific date or period are not subject to a right of withdrawal (§ 312g (2) No. 9 BGB). Orders are binding upon confirmation.

III. Customer Information

1. Seller Identity

MusicMerch GmbH
Tschaikowskistr. 4
04105 Leipzig
Germany
Phone: +44 20 45251605
Email: m.laubscher@schubertmusic.com

Alternative Dispute Resolution:
The European Commission provides a platform for online dispute resolution:
https://ec.europa.eu/odr