§ 1 Scope of Application, Definitions of Terms

(1) For the business relationship between the

Felix-Mendelssohn-Bartholdy-Stiftung,
Goldschmidtstraße 12, D-04103 Leipzig
(hereinafter referred to as the "Provider")
and
the Customer
(hereinafter referred to as "Customer")

the following General Terms and Conditions shall apply exclusively in the version valid at the time of the order. Different terms and conditions by the Customer shall not be recognized unless the Provider expressly agrees to their validity in written form.

(2) The Customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed to his commercial or independent professional activity. Otherwise, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.

§ 2 Conclusion of contract

(1) The Customer can select products from the Provider's assortment and collect them in a so-called shopping cart via the button "Add to Cart". Via the button "Checkout" the Customer submits a binding application to purchase the products in the shopping cart. Before sending the order, the Customer can change and control the data at any time. However, the application can only be submitted and transmitted if the Customer has accepted these contractual terms and conditions by clicking on the "Accept Terms & Conditions" button and has thereby included them in his application.

(2) The Provider shall then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer's order is listed once again. The automatic acknowledgement of receipt attests that the Customer's order has been received by the Provider and also constitutes the acceptance of the application.

 § 3 Delivery, availability of products

(1) If no specimen of the products selected by the Customer is available at the time of the order, the Provider shall inform the Customer of this in a separate e-mail. If the product is permanently unavailable, the Provider has the right to withdraw from the contract by immediate declaration to the Customer. In this case, he will immediately refund any payments already made by the Customer.

(2) If the product designated by the Customer in the order is only temporarily unavailable, the Provider shall immediately equally notify the Customer of this in a separate e-mail. In the event of a delay in delivery of more than four weeks, the Customer has the right to withdraw from the contract. In this case, the Provider is also entitled to withdraw from the contract. In this case, the Provider will immediately refund any payments already made by the Customer.

§ 4 Prices and shipping costs

(1) All prices stated on the website of the Provider bear no legal value added tax. The products offered are exempt from VAT.

(2) The Customer can choose between self-collection and shipment of the products. In case of self-collection, no shipping costs are charged. Self-collection takes place at the offices of the Felix-Mendelssohn-Bartholdy-Stiftung, Goldschmidtstraße 12, D-04103 Leipzig.

(3) The shipping costs depend on the scope and destination of the delivery. The shipping costs are retrievable on the website of the Provider under the button "Delivery and Shipping Costs" at any time. The exact amount of the shipping costs is displayed in the shopping cart.

(4) The general delivery period for orders within Germany is approximately 7 working days after the receipt of the order. The general delivery period for shipments abroad can be 5 to 25 working days, depending on the region. For shipments abroad, an individual calculation is made, which depends on the weight and destination region of the delivery.

(5) If bank transfer is chosen as payment method, the products will be shipped only after the purchase price has been credited to the account of the Provider.

 § 5 Payment methods

(1) The Customer can make payment by bank transfer or cash on delivery. The option of cash on delivery is for shipments within Germany only.

(2) In case of bank transfer, payment of the purchase price is due immediately upon conclusion of the contract. In case of delivery on cash on delivery, the purchase price is due at the time of handover.

(3) The price performance risk passes to the Customer at the time of shipment.

 § 6 Warranty for material defects, Guarantee

(1) The Provider is liable for material defects in accordance with the applicable legal provisions, in particular §§ 434 ff BGB. The warranty period for goods delivered by the Provider to the Customer is 12 months.

(2) A Guarantee exists for the goods delivered by the Provider only if this was expressly stated in the order confirmation for the respective article.

 § 7 Set-off, retention

 The Customer has a right of set-off if his/her counterclaims have been legally established or are uncontested by the Provider. In addition, the Customer is authorized to exercise a right of retention insofar as his/her counterclaim is based on the same contractual relationship.

§ 8 Liability

(1) Customer's claims for damages are excluded, with the exception of damages arising from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations), as well as the liability for other damages based on an intentional or grossly negligent violation of duty by the Provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the aim of the contract.

(2) In case of violation of the essential contractual obligations, the Provider is liable only for the contractually typical foreseeable damages if such damages were caused by simple negligence, unless the Customer's claims for damages are based on injury to life, body or health.

(3) The restrictions of Paragraphs 1 and 2 apply in favour of the Provider's legal representatives and vicarious agents if claims are asserted directly against them.

(4) The regulations of the Product Liability Act remain unaffected.

 § 9 Right of withdrawal of the Consumer

(1) If the Customer is a consumer and has concluded a contract with the Provider using exclusively means of distance communication, in particular by telephone, e-mail or fax, or via the Provider's website, the Customer is entitled within 2 weeks to revoke his declaration of intent to conclude the contract without giving reasons. The period begins at the earliest on the day after receipt of the product, if the consumer has at this time already received this Cancellation Policy in written form. The withdrawal is made by returning the product to

Felix-Mendelssohn-Bartholdy-Stiftung
Goldschmidtstraße 12
D-04103 Leipzig

or by written declaration to the Provider. The timely dispatch of the revocation or the goods is sufficient to meet the deadline. The right of revocation does not apply to contracts for the delivery of audio or video recordings if the delivered data carriers have been unsealed by the consumer.

(2) Goods that can be sent by parcel post are to be returned to the address listed under para. 1 at our expense and risk. In deviation from this, the customer shall bear the regular costs of the return shipment if the gross purchase price of the item to be returned does not exceed EUR 40.00, unless the delivered goods do not correspond to the ordered goods. Goods that cannot be sent by parcel post will be collected from the customer.

(3) In the event of an effective revocation, the Provider shall refund the purchase price already paid to the Customer. If the customer cannot return the received service in whole or in part or only in a deteriorated condition, he must pay compensation for the value, even if the deterioration is based on intended use. The reduction in value may correspond to the total purchase price. The customer can avoid a reduction in value in particular by not using the goods as an owner would and by refraining from doing anything that would impair their value.