1. Scope of Application
(1) The present General Terms and Conditions shall apply to the sale of sheet music by Philip Lehmann, Altenhäger Str. 18, 31558 Hagenburg, Germany (referred to as "we“ or "us“ hereafter) to the customer (referred to as "Customer“ or “You“ hereafter).
(2) Contradicting or additional terms and conditions of the Customer shall not become part of the contract.
2. Distinction between Entrepreneurs and Consumers
(1) Some of the provisions of the present T&C do not apply in relation to any and all customers but only in relation to consumers or only in relation to entrepreneurs. Where the scope of application of the present T&C is limited in such aforesaid manner it will be specially indicated hereinafter.
(2) „Consumer“ shall, for purposes of the present T&C and in accordance with the statutory definition in section 13 of the German Civil Code ("Bürgerliches Gesetzbuch", abbr. "BGB"), be each natural person who enters into the legal transaction for a purpose which is, predominantly, outside its trade, business or profession.
(3) „Entrepreneur“ shall, for purposes of the present T&C and in accordance with the statutory definition in section 14 of the German Civil Code ("Bürgerliches Gesetzbuch", abbr. "BGB"), be each natural person who enters into the business relationship with us for a purpose which is outside its trade, business or profession.
3. Customer Account
In order to enjoy a more convenient use of the online shop, you can open a customer account. You shall treat your access data like e.g. your password confidentially and shall notify us promptly in case of loss or unauthorized use of your access data.
4. Conclusion of Contract, Contract Languages
(1) Only if and once you order goods and/or services on our website, such purchase order of yours shall constitute a binding offer to conclude the respective contract. You can submit a purchase order in that you put one or more goods and/or services into the shopping basket, run through the remaining order process on the website and enter the data as requested in such context. Prior to sending off your purchase order, you will have the opportunity to check and modify your purchase data. Only if and once you send off your order, you submit a binding offer for conclusion of a contract with us.
(2) We may accept your offer within two days by
- submission of a confirmation of order by post, fax or email
- delivery of the goods
- request to make payment.
Customer's receipt of our confirmation of order, delivery or request of payment shall be the relevant point of time for ComVISTEC's compliance with the aforesaid time period.
(3) Languages made available for conclusion of the contract shall be English and German.
5. Delivery of the Content
After purchase of the goods you will be requested to grant, by checking a box, your consent as follows:
'I agree that performance of the contract begins prior to the expiration of the 14-days-revociation period. I am aware that, by granting this consent, my right of revocation will lapse upon the beginning of performance of the contract.'
If you grant the aforesaid consent, the goods will be provided for download immediately.
If you do not grant the aforesaid consent, we will make the goods available for download only after expiration of the 14-days-revocation-period.
6. Storage of the Provisions of the Contract
We will store the provisions of the contract, including the order information and the present T&C. You can print out the provisions of the contract by using the respective functionality of your browser (usually “print” respectively “file” > “save as”). The order information is contained in the order overview presented within the last step of the order process. The provisions of the contract including the present Terms and Conditions are also contained in the email message with the order confirmation which you receive from us in case of our acceptance of your purchase order.
7. Licensing Terms and Conditions
The licensing terms and conditions as indicated on our website shall apply.
Where advance payment is agreed, payment is due to be made upon conclusion of the contract without undue delay.
9. Property Rights
The sheet music (composition and/or layout) is protected by copyright and may, outside the limits of the statutory barriers to copyright, not be reproduced in full or in part without our consent.
10. Claims arising from Defects/ Warranty
Our warranty obligations shall be such as provided for under the applicable laws.
11. Exclusions and Limitations of Liability
Our liability for damages shall be subject to the following:
(1) In case of intention or gross negligence, also on part of any persons assisting us in the performance of our obligations, we shall be liable in accordance with the applicable laws. The same shall apply in case of a damage caused by negligent violation of life, body or health.
(2) In case of a damage to property or a financial damage, we shall solely be liable in case of breach of an essential contractual obligation, subject, however, to a maximum amount equal to the damage which was foreseeable at the time of conclusion of the contract and typical for the contract; essential contractual obligations within the aforesaid meaning shall be deemed such obligations the fulfilment of which is a prerequisite for performance of the contract and which the other party may generally expect to be complied with.
(3) Otherwise our liability, regardless of its legal grounds, shall be excluded.
(4) The exclusions and limitations of liability under the above paragraphs (1) to (3) shall apply correspondingly in favour of the persons assisting us in the fulfilment of our obligations.
(5) Any liability based on the assumption of a guarantee or under the German Product Liability Act ("Produkthaftungsgesetz") shall not be affected by the exclusions and limitations of liability under the preceding paragraphs (1) through (4).
12. Choice of Law, Jurisdiction
(1) Applicable Laws
The laws of Germany shall apply. The Convention on the International Sale of Goods shall not apply.
Where the customer is a Consumer, such choice of law shall only apply to the extent that it does not affect mandatory provisions of the country where the customer has its habitual place of abode.
(2) Court of Jurisdiction
For dealings with merchants, legal persons under public law or separate estates under public law, the courts of our place of business shall have jurisdiction over all conflicts arising hereunder. However, we shall remain entitled, at our choice, to file a lawsuit at Producer's location instead.