General Terms and Conditions
§ 1 Validity, definitions of terms
(1) Jürgen Köhler, Gwinnerstraße 5, 60388 Frankfurt am Main, Germany (hereinafter referred to as “we” or “Jürgen Köhler Shop”) operates an online store for digital goods under the website https://koehler-music.com/shop. The following general terms and conditions apply to all services between us and our customers (hereinafter referred to as “Customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.
(2) “Consumer” in the sense of these terms and conditions of business is any natural person who enters into a legal transaction for purposes that cannot be predominantly attributed to his commercial or self-employed professional activity. “Entrepreneur” is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity, whereby a partnership with legal capacity is a partnership which is equipped with the ability to acquire rights and enter into obligations.
§ 2 Conclusion of the contracts, storage of the contract text
(1) The following regulations on the conclusion of contracts apply to orders placed via our online store at https://koehler-music.com/shop.
(2) Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.
(3) Upon receipt of an order in our online store, the following regulations apply: The customer submits a binding offer to conclude a contract by successfully completing the ordering procedure provided in our online store. The order is placed in the following steps:
1. selection of the digital goods,
2. add the products by clicking the appropriate button (e.g. “Add to cart”, “Add to shopping bag” or similar)
3. checking the information in the shopping cart,
4. call up the order overview by clicking on the corresponding button (e.g. “Continue to checkout”, “Continue to payment”, “To order overview” or similar),
5. input/check of address and contact data, selection of payment method, confirmation of the terms and conditions and cancellation policy,
6. completion of the order by pressing the button “PLACE YOUR ORDER – BUY NOW This represents your binding order.
7. the contract is concluded when you receive an order confirmation from us within three working days to the given e-mail address.
(4) In case of conclusion of the contract the contract is concluded with Jürgen Köhler, Gwinnerstraße 5, 60388 Frankfurt am Main, Germany.
(5) Before placing an order, the contract data can be printed or electronically saved using the print function of the browser. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the GTC and the cancellation policy, is carried out by e-mail after you have placed the order, partly automatically. We do not save the text of the contract after the conclusion of the contract.
(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser’s “back button”). They can also be corrected by canceling the order process prematurely, closing the browser window and repeating the process.
(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and in particular that it is not prevented by SPAM filters.
§ 3 Subject of the contract and essential features of the products
(1) With our online store is subject matter of the contract:
1. the sale of digital goods, e.g. software or media downloads You can find the concretely offered digital goods on our article pages.
(2) The essential characteristics of the digital goods are to be found in the description of the item.
(3) The sale of digital goods is subject to the restrictions evident from the product description or otherwise resulting from the circumstances, in particular with regard to hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject matter of the contract is only the private and commercial use of the products by the customer without the right to transfer, resell or sublicense. This also applies to individual parts of the products and to samples created from the products.
§ 4 Prices, shipping costs and delivery
(1) The prices quoted in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
(2) The respective purchase price is to be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online store or in the respective offer. Unless otherwise specified for the individual payment methods, the payment claims are due for payment immediately.
(3) In addition to the indicated prices, shipping costs may be incurred for the delivery of products, unless the respective article is not shown as free of shipping costs. The shipping costs will be clearly indicated again on the offers, if necessary in the shopping cart system and on the order overview.
(4) All offered products are, if not clearly stated otherwise in the product description, immediately ready for dispatch (delivery time: 1-2 working days after receipt of payment).
(5) The delivery takes place worldwide.
§ 5 Right of Retention
(1) You may only exercise a right of retention if it concerns claims from the same contractual relationship.
§ 6 Right of revocation
As a consumer you have a right of withdrawal. This depends on our cancellation policy.
§ 7 Liability
(1) Subject to the following exceptions, our liability for contractual breaches of duty and for tort is limited to intent or gross negligence.
(2) We shall have unlimited liability for slight negligence in the event of injury to life, body or health or in the event of a breach of a material contractual obligation. If we are in default of performance due to slight negligence, if performance has become impossible or if we have breached a material contractual obligation, liability for property damage and financial loss attributable to such default shall be limited to the foreseeable damage typical for the contract. An essential contractual obligation is an obligation whose fulfillment makes the proper execution of the contract possible in the first place, whose violation endangers the achievement of the purpose of the contract and on whose compliance you may regularly rely. This includes in particular our duty to act and to fulfil the contractually owed performance, which is described in § 3.
§ 8 Contract language
German and English are available as contract languages.
§ 9 Warranty
(1) The warranty is based on the statutory provisions.
(2) For entrepreneurs, the warranty period for delivered goods is 12 months.
(3) As a consumer, you are requested to check the item(s) or the digital goods or the service provided immediately upon fulfilment of the contract for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. Failure to do so will of course not affect your statutory warranty claims.
§ 10 Final provisions
(1) German law applies. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not thereby withdrawn (principle of favourability).
(2) The provisions of the UN Sales Convention shall expressly not apply.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider’s registered office.
Alternative dispute resolution according to Art. 14 para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.