General Terms and Conditions

for the online shop at

https://jaisamusic.de/

operated by

JAÎSA Music
Hochweg 13
93049 Regensburg
E-mail: info@jaisamusic.de

– hereinafter: Provider –

1. Scope of application

These General Terms and Conditions (GTC) apply, once incorporated, to all contracts concluded for the purchase of goods, services or other items (hereinafter “goods”) in the online shop at the above URL in the version valid at the time the contract is concluded. These GTC apply exclusively. Any deviating terms and conditions of the customer shall not become part of the contract unless the Provider has expressly agreed to their application.

2. Conclusion of contract

2.1 The offers in the online shop constitute a non-binding invitation by the Provider to visitors of the online shop to submit an offer to purchase the goods offered in the shop.

2.2 The order of the goods is placed via the Provider’s online order form. After selecting the desired goods, entering all required mandatory information and completing all other mandatory steps in the ordering process, the selected goods can be ordered by clicking the order button at the end of the checkout page (order). By placing the order, the customer submits a binding contractual offer to purchase the selected goods. The contract is concluded when the Provider accepts the customer’s offer. Acceptance is effected by the Provider either confirming the conclusion of the contract in written or text form (e.g. by e-mail) (order confirmation) and such order confirmation being received by the customer, or by delivering the ordered goods and the goods being received by the customer, or by requesting payment from the customer (e.g. invoice or credit card payment in the ordering process) and the payment request being received by the customer; the point in time at which one of the alternatives mentioned in the first sentence first occurs shall be decisive for the time of the conclusion of the contract.

2.3 Before submitting the order bindingly via the Provider’s online order form, the customer can review their entries and correct them at any time using the usual keyboard, mouse, touch or other available input functions. In addition, all entries are displayed again in a confirmation window before the order is submitted bindingly and can also be corrected there using the usual keyboard, mouse, touch or other available input functions.

2.4 The Provider will store the contract text after the contract has been concluded and will transmit it to the customer in text form (e.g. by e-mail). The Provider will not make the contract text available in any further way.

2.5 The following languages are available for the conclusion of the contract: German, English.

3. Right of withdrawal for consumers

Consumers generally have a statutory right of withdrawal in the case of off‑premises contracts and distance contracts. A consumer is any natural person who enters into a legal transaction for purposes that predominantly are outside their trade, business or profession. Details can be found in the cancellation policy, which is made available to every consumer at the latest immediately before conclusion of the contract.

4. Payment, default

4.1 The prices listed in the online shop at the time of the order shall apply. All prices include statutory value added tax and, where applicable, any shipping costs listed. The customer is informed about the available payment methods in the Provider’s online shop.

5. Retention of title

The purchased goods remain the property of the Provider until the purchase price has been paid in full.

6. Delivery and reservation of self-supply

6.1 Unless otherwise agreed, delivery shall be made within the delivery period specified in the online shop to the delivery address specified by the customer. The applicable delivery times can be found in the online shop.

6.2 Collection of the purchased goods by the customer is excluded.

6.3 If the Provider is unable to deliver the ordered goods because it has not itself been supplied, through no fault of its own, despite having concluded a congruent covering transaction with a reliable supplier in due time, the Provider shall be released from its obligation to perform and may withdraw from the contract. The Provider is obliged to inform the customer without undue delay about the impossibility of performance. Any consideration already provided by the contractual partner shall be refunded without undue delay. Mandatory consumer rights remain unaffected by this paragraph.

7. Warranty

The statutory provisions on liability for defects apply.

8. Liability and indemnification

8.1 The Provider shall be liable without limitation:

• for damages arising from injury to life, body or health resulting from an intentional or negligent breach of duty by the Provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the Provider;
• for damages resulting from an intentional or grossly negligent breach of duty by the Provider or from an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the Provider;
• on the basis of a guarantee, to the extent that no other provision has been made in this regard;
• on the basis of mandatory liability (e.g. under the German Product Liability Act).

8.2 If the Provider negligently breaches a material contractual obligation, its liability shall be limited to the typical, foreseeable damage, unless liability is unlimited in accordance with the preceding paragraph. Material contractual obligations are obligations which the contract, according to its content, imposes on the Provider to achieve the purpose of the contract, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the customer may regularly rely.

8.3 In all other respects, any liability of the Provider and the liability of its vicarious agents and legal representatives is excluded.

8.4 The customer shall indemnify the Provider against any claims asserted by third parties – including the costs of legal defence at the statutory rate – which are brought against the Provider as a result of unlawful or contractual breaches by the customer.

9. Data protection

The Provider handles its customers’ personal data confidentially and in accordance with the statutory data protection provisions. Further details can be found in the Provider’s privacy policy.

10. Final provisions

10.1 The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods, provided that this choice of law does not result in a consumer with their habitual residence in the EU being deprived of the protection afforded by mandatory provisions of the law of their country of residence.

10.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the courts at the Provider’s registered office shall have jurisdiction, unless an exclusive place of jurisdiction is established for the dispute. The same applies if the customer has no place of residence within the European Union. The registered office of our company can be found in the header of these GTC.

10.3 If any provision of this contract is or becomes invalid or unenforceable, the remaining provisions of this contract shall remain unaffected.

11. Information on online dispute resolution / consumer dispute resolution

The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

Our e-mail address can be found in the header of these GTC.