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General Business Terms

General Business Terms


§1 General terms


1. The below stated General Business Terms in their respectively valid version are applicable to the business relations of any kind between the company CREAM-music OHG Frankfurt am Main (seller) and the customer. Deviating conditions or General Business Terms of the customer are not applicable unless something else was agreed upon in writing.
2. All offers, independent of whether they were issued via telephone, via telefax, Internet, email or in any other way are only binding for the company CREAM-music OHG if they were confirmed in writing, resp. the goods were delivered and/or an invoice was sent.
3. The company CREAM-music OHG reserves the right to not provide the promised service if it becomes clear after contract conclusion that the goods are not available, even though a corresponding hedging transaction was concluded. In such a case the customer will receive notice promptly. Possibly already provided counter services of the customer are reimbursed immediately. Further claims of the customer towards the company CREAM-music OHG are excluded.

§ 2 Prices

The prices are stated ex warehouse of the seller in Frankfurt am Main. The prices for end consumers are subject to confirmation and are stated including the currently legally valid value added tax. The price for special offers is valid for as long as the stock is available. In case of shipment of the goods the price of the shipping costs are calculated in addition to the price.

§ 3 Shipment and delivery conditions / Transport damages

1. All goods are automatically insured for transport by the company CREAM-music OHG. The shipping and insurance part is:
• Within Germany above 30.-€ goods value up to a total weight of 31.5 kg = FREE SHIPPING
• Within Germany up to 30.-€ goods value up to a total weight of 31.5 kg = 5.-€
• in case of cash upon delivery shipments: plus 2 € (incl. 19% VAT) fee.
• In case of shipping weight above 31.5 kg there are additional shipping fees that are determined individually and stated to the customer via email or fax.
• In case of shipping abroad the shipping costs are determined individually and stated to the customer via email or fax.
2. Delivery is performed at the risk of the customer. As soon as the goods were handed over from the company CREAM-music OHG to a forwarding company, the risk is transferred to the customer. This is also applicable to partial deliveries. The delivery is done to the delivery address stated by the customer. If the customer is consumer in the sense of § 13 BGB, the risk of accidental loss and accidental deterioration of the sold object also is transferred to the customer only with handover of the object to the purchaser also for shipping transactions. The handover is equal if the purchaser is in delay of acceptance.
3. The goods are to be inspected for transport damages by the customer or his employee immediately after receipt. Determined transport damages resp. packaging damages must be confirmed by the transport company upon acceptance of the goods by the customer in writing. So-called “hidden” transport damages are to be declared to the respective post office or transport company immediately and documented in writing. In any case the customer must contact the company CREAM-music OHG via telephone, via fax or email.
4. Statements concerning delivery terms are unbinding in general. Goods that are on stock are shipped promptly.
5. Damage compensation claims against the company CREAM-music OHG due to non-fulfilment or delay are excluded, insofar intention or gross negligence are not given.

§ 4 Right of rescission / return

1. The following right of rescission is not given if the goods you ordered serve your commercial or independent business purposes. A consumer in the sense of § 13 BGB is every natural person that concluded legal business for non-commercial or independent business purposes. If the customer is consumer, he may withdraw from the contract within two weeks without statement of reason in text form (e.g. letter, fax, email) to the below stated contact data or by returning the goods. The cancellation must not contain a reason, even though it would be welcomed to state a reason. To adhere to the term, timely dispatch of the cancellation or the goods is sufficient. In case of timely cancellation the consumer is no longer bound to his declaration to conclude a contract with us. Should the consumer have concluded a credit contract with us to finance the price (in part or in whole), he is also no longer bound to the agreement regarding the credit contract if he adheres to the term for cancellation.
The same is also valid if the price is financed in whole or part by a third party and the purchase contract and the credit contract are to be regarded as an economic unit.
Deviating from § 346 sec. 2 par 1 No. 3 BGB the consumer must provide value compensation for deterioration of the object caused by intended usage. This is not applicable if the deterioration is solely based on the testing of the object. Insofar reference is made to § 357 BGB.
2. The return of the goods is to be performed in the undamaged original packaging with all accessories. All objects that were delivered must be returned. If applicable, the original packaging must be repacked adequately so that the goods reach us undamaged.
3. The further consequences of the timely cancellation are based on § 357 BGB and in case of a consumer loan contract associated with the purchase contract also on § 358 BGB.
4. The freight costs of return shipment are to be paid by the purchaser, unless the goods do not correspond to those ordered by the purchaser.
Notice: The right of rescission is not given in case of the following contracts lacking other agreements and apart from other legal regulations
• Contracts for the delivery of goods that were produced according to customer specification or are clearly tailored to the personal needs or that are not adequate for return shipment due to their condition - or
• Contracts for the delivery of audio or video recordings or of software, insofar the seals on the delivered data carriers were broken by the consumer.
In case of a provided service the right of rescission also expires if we have commenced with the performance of the service with explicit agreement of the consumer prior to the end of the term for rescission or the consumer initiated this himself.

The cancellation is to be addressed to:

CREAM-music OHG
Taunusstraße 43
60329 Frankfurt am Main
Fax: 069-24248948
e-mail:
for bass & guitar: guitars@cream-music.com
for electronic instruments and sound systems: kontakt@techno-music.com for drums and percussion: drums@cream-music.com

We ask that you do not send us shipments freight collect without our prior agreement.

§ 5 Warranty and damage compensation claims

1. For all new devices (except for parts of wear like e.g. strings, heads, furs, videos, crossfaders and pipes) we provide warranty for 24 months, insofar no longer guarantee term is stated. We grant warranty for 12 months for used devices, unless a deviating agreement was made in the purchase contract. The same statute of limitation of 12 months is also applicable or new goods if the purchaser is an entity under public law, federal special fund or entrepreneur who acts in performance of his commercial activities in the conclusion of the contract.
2. Faults or damages that are caused by culpable or improper treatment or improper installation as well as usage of inadequate accessories or modifications of the original parts by the customer or third parties not contracted by the company CREAMmusic OHG are also excluded from the warranty.
3. Natural wear is also excluded from the warranty.
4. The warranty period for new objects is 24 months. The term commences with the transfer of risk. The warranty term for used objects in one year. If the customer is entrepreneur in the sense of § 14 BGB, the warranty is one year for new objects and one year as of transfer of risk for used objects.
5. If a defect of the purchase object is given that is in the scope of responsibility of the company CREAM-music OHG, the company CREAM-music OHG is authorized to eliminate the defect or perform supplementary delivery at its own discretion. If the customer is a consumer in the sense of § 13 BGB, he can choose whether the non-fulfilment shall take place through improvement or supplementary delivery. CREAM-music OHG is authorized to deny the type of selected supplementary delivery if it is only possible in association with unreasonable costs without significant disadvantages for the consumer. Especially the value of the object in fault free condition as well as the significance of the defect are to be considered. The company CREAM-music OHG eliminates the fault at the cost of the company. The return of the goods can be performed “freight collect” to the company CREAM-music OHG after prior agreement. However, the company CREAM-music OHG may choose to have the fault eliminated by a different specialist located closer to the residence of the customer.
If the company CREAM-music OHG delivers a fault free object for the purpose of supplementary delivery, the purchaser is to hand over the defective object and pay value compensation for the received benefits. If the supplementary delivery failed, the purchaser is allowed to resign from the contract or reduce the purchase price. If the purchaser decides to resign from the contract, he is to hand over the defective object and provide value compensation for the received benefits. The linear value reduction based on the time compared to the actual period of usage and probable total usage duration is decisive for the determination of the value of the usage. Trade-common value reduction is currently approx. 20% of the purchase price, for cession the rates for hire-purchase instruments with monthly 2-5 percent of the sales price.
6. In case of only minor faults, the customer has no right to resign from the contract.
7. Insofar nothing else is stated in clause 8, further claims of the customer – no matter for which legal reason- are excluded. In detail, damage compensation claims in the framework of the warranty due to consequential damages, violation of contractual secondary duties, consulting errors or from inadmissible actions against the company CREAM-music OHG or its representatives resp. auxiliary agents are excluded. This is especially valid for the lost profit or for other financial damages of the customer.
8. The previously stated exclusion of liability is not applicable if the damage is based on intention or gross negligence or the customer enforces claims according to the product liability law.
9. Damage compensation claims are limited in amount to the value of the delivered object.

§ 6 Retention of title

Up to full payment, the goods remain property of the company CREAM-music OHG in Frankfurt am Main.

§ 7 Data protection

The company CREAM-music OHG informs the customer that the data collected in the framework of the contract conclusion are processed and used according to the federal data protection law (BDSG) and the tele service data protection act (TDDSG) of the company CREAMmusic OHG for the fulfilment of the obligations from the purchase contract. These data can also be transferred to contracted and carefully selected partners according to § 11 BDSG for the purpose of the inspection of creditworthiness. The customer data is only forwarded for the stated purpose and is not disclosed to unauthorized third parties.
Should the customer desire the sending of „Newsletters“, we reserve the right to use the contact data of the customer for dispatch. We also reserve the right to send own advertisements via mail. These mailings can be cancelled anytime by the customer.

§ 8 Place of fulfilment / Jurisdiction

1. German law is exclusively applicable.
2. Exclusive place of jurisdiction for lawsuits against the company CREAM-music OHG is Frankfurt am Main. This is also applicable for lawsuits of the company CREAM-music OHG against customers insofar the customer is a merchant, a legal entity under public law or federal special fund. The legal regulations are applicable for consumers.

§ 9 Partial voidness

In case of voidness of single clauses, the validity of the other clauses remains untouched. The contract is void if the adherence to it would pose to be unreasonable severity for one party to the contract.

§ 10 Severability Clause

If regulations of these General Terms and Conditions (GTC) are void, the validity of the other clauses is not touched by this. A clause that is as close to the void clause as possible in its intended purpose shall replace the void clause. Information according to § 33 BGSG: The personal data transferred to us is saved.

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