General Terms and Conditions and Consumer Information § 1 Basic Provisions

1. The following terms and conditions apply to all contracts between XXL Tonträger GmbH, Schloßstraße 91 a, 44357 Dortmund, Germany – hereinafter referred to as the “Provider” – and the customer, which are concluded via the website xxlmusicworld.de. Unless otherwise agreed, the inclusion of the customer’s own terms is objected to.

2. A consumer in the sense of the following provisions is any natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business, or profession. An entrepreneur is any natural or legal person or partnership with legal capacity who acts in the course of their business or self-employed professional activity when concluding a legal transaction.

3. The contract language is German or English. The contract text is not stored by the Provider and is no longer accessible to the customer after submission of the order. Before placing the order, the customer can print or save the contract text electronically using their browser’s print function. The order data and the terms and conditions will be sent to the customer separately via email.

§ 2 Subject of the Contract

The subject of the contract is the sale of goods. Details, in particular the essential characteristics of the goods, can be found in the item description and the additional information on the Provider’s website.

§ 3 Conclusion of the Contract

1. The Provider’s product presentations on the internet are non-binding and do not constitute a binding offer to conclude a contract, but rather an invitation to submit a purchase offer by the customer.

2. The customer can submit a purchase offer via the online ordering system. The goods intended for purchase are placed in the “shopping cart.” Via the appropriate button in the navigation bar, the customer can access the shopping cart and make changes at any time. After accessing the “checkout” page and entering personal data as well as payment and shipping conditions, all order data is displayed again for final review. The customer can correct input errors via the browser’s “back” function before submitting the order or cancel the purchase. By submitting the order using the appropriate button, the customer makes a binding offer. The customer will receive an automatic confirmation email upon receipt of the order, which does not yet constitute acceptance of the contract.

3. Acceptance of the offer and contract formation occurs either by a confirmation in text form (e.g. email), in which the processing of the order or the delivery of the goods is confirmed, or by dispatch of the goods. If the customer does not receive an order confirmation or goods within 5 days, they are no longer bound by their order. Any payments already made will be refunded without delay.

4. Upon request, the Provider can prepare a customized offer for the customer in text form, which is valid for 7 days. The customer accepts this offer by confirming it in text form.

5. The processing of the order and transmission of all relevant contract information is carried out via email, partly automated. The customer must ensure the accuracy of their email address and that receipt of emails is technically ensured (e.g., not blocked by spam filters).

§ 4 Prices and Shipping Costs

1. The prices listed in each offer and the shipping costs are total prices and include all price components including applicable taxes. For deliveries outside the EU, additional customs duties, taxes, or fees may be payable by the customer, not to the Provider, but to the competent customs or tax authorities. Customers are advised to inquire with local authorities before ordering.

2. Shipping costs are not included in the purchase price. They are displayed separately during the order process and are to be borne by the customer, unless free shipping has been offered.

§ 5 Payment and Shipping Terms

1. Payment and shipping conditions are provided via a dedicated navigation link.

2. Unless otherwise stated for individual payment methods, payment claims are due immediately upon contract conclusion.

3. If a product ordered by the customer is unexpectedly unavailable despite timely procurement, the customer will be informed immediately. In the event of a withdrawal, any payments already made will be refunded without delay.

4. For consumers, the risk of accidental loss or deterioration during shipping passes only upon handover of the goods, regardless of whether the shipment is insured. For entrepreneurs, shipping is at their risk.

§ 6 Return Costs in Case of Withdrawal

In case the customer (as a consumer) exercises their legal right of withdrawal in distance selling contracts, they bear the regular return shipping costs if the value of the returned goods does not exceed €40 or, in the case of more expensive goods, if the customer has not yet provided payment or a contractually agreed partial payment at the time of withdrawal – unless the delivered goods do not correspond to the ordered goods. In all other cases, the Provider bears the return shipping costs.

§ 7 Right of Retention, Retention of Title

1. The customer may only exercise a right of retention if it relates to claims arising from the same contractual relationship.

2. The goods remain the property of the Provider until full payment has been made.

3. If the customer is an entrepreneur, the following also applies: a) The Provider retains ownership of the goods until all claims from the ongoing business relationship are settled. Pledging or transfer by way of security is not permitted before the transfer of ownership. b) The customer may resell the goods in the ordinary course of business. They hereby assign all claims from such resale to the Provider in the amount of the invoice value. The Provider accepts this assignment. The customer remains authorized to collect the claim unless they fail to fulfill their payment obligations properly. c) If goods are combined or mixed, the Provider acquires co-ownership of the new item proportional to the invoice value of the reserved goods. d) At the customer’s request, the Provider shall release securities if their realizable value exceeds the claim to be secured by more than 10%. The Provider decides which securities to release.

§ 8 Warranty

1. Legal warranty rights apply.

2. Consumers are requested to inspect the goods for completeness, visible defects, and transport damage immediately upon delivery and to notify the Provider and the carrier promptly. Failure to do so has no effect on legal warranty rights.

3. For used goods, the warranty period is one year from delivery. This does not apply to damages caused by intentional or grossly negligent conduct of the Provider, damages to life, body or health, or fraudulent concealment of a defect, as well as claims under §§ 478, 479 BGB.

4. For entrepreneurs, the following applies: a) Only the Provider’s own specifications and the manufacturer’s product description are considered agreed as characteristics of the goods. Public statements or advertisements do not apply. b) The customer must inspect the goods promptly and report defects in writing within 7 days. Timely dispatch is sufficient to meet the deadline. The same applies to hidden defects upon discovery. Failure to comply excludes warranty claims. c) The Provider may choose to repair or replace defective goods. If two attempts fail, the customer may reduce the purchase price or withdraw from the contract. Additional costs due to relocation of the goods do not have to be borne by the Provider unless the relocation is in accordance with the intended use. d) The warranty period is one year from delivery. This does not apply to damages as mentioned in point 3.

§ 9 Liability

1. The Provider is fully liable for damages to life, body or health, intent and gross negligence, fraudulent concealment of defects, product guarantees, product liability law, and all other legally regulated cases.

2. For breaches of essential contractual obligations due to slight negligence, the Provider’s liability is limited to typical, foreseeable damages.

3. For non-essential contractual obligations, liability for slight negligence is excluded.

4. Internet data transmission cannot be guaranteed to be error-free or continuously available. The Provider is not liable for the constant or uninterrupted availability of the website or services.

§ 10 Legal Venue, Applicable Law, Place of Performance

1. German law applies, excluding the UN Sales Convention. For consumers, this choice only applies if it does not remove mandatory protection granted under the law of the consumer’s habitual residence.

2. Place of performance and exclusive place of jurisdiction for all disputes is the seat of the Provider, provided the customer is a merchant, legal entity under public law, or public law special fund. The same applies if the customer has no general jurisdiction in Germany or the EU, or their domicile is unknown at the time of action. This does not affect the Provider’s right to bring suit at any other permitted legal venue.

§ 11 Youth Protection

1. The Provider enters into contracts only with adult customers for goods subject to youth protection laws.

2. By submitting the order, the customer confirms they are at least 18 years old and that the name and address provided are correct. The customer must ensure that only they or an authorized adult take delivery. The delivery service is instructed to deliver only to persons over 18 and may request ID for age verification.

3. If minors place orders under false pretenses, the Provider preemptively revokes such contracts under § 109 BGB. The legal guardians of minors are liable to the Provider for damages resulting from such orders, according to legal provisions.