Supplier and contract partner:
edition zwischentoene. Buch- und Musikverlag Gerhard Beilharz
73235 Weilheim, Germany
Phone +49 (0) 7023-7492968
Fax +49 (0) 7023-7492967
§ 1 - Scope of application
(1) These terms and conditions of Mr. Gerhard Beilharz (hereinafter referred to as "seller") shall apply to all sales, deliveries and services of the seller which the customer buys from the seller via the online shop at www.edition-zwischentoene.de. The inclusion of conditions of the customer is contradicted, unless the parties have expressly agreed otherwise.
(2) "customers" means both consumers and entrepreneurs, whereby a consumer is any natural person who enters into a legal transaction for purposes which can not be predominantly attributed to either his commercial or self-employed occupation. On the other hand, an entrepreneur is any natural or legal person or a legal person who is acting in the exercise of his independent professional or commercial activity when a legal transaction is concluded.
§ 2 - Conclusion of contract
(1) The product offers of the seller merely represent an invitation to the customer to make a purchase offer. The customer issues a binding purchase offer against the seller by concluding the order process. Acceptance of this purchase offer by the seller only takes place by means of a separate declaration of acceptance or payment request within 48 hours after receipt of the purchase offer.
(2) The ordering process by the customer begins by inserting a product into the shopping cart using the "Add to basket" button on the product details page.
If the customer has filled his personal shopping basket with the desired products, he can continue his order process via the button "Display basket", in the upper menu bar.
In the shopping basket, the customer first has the possibility to change the order quantity by specifying the desired number and the actuation of the button "Update" or by pressing the "Enter" key or delete a product from the shopping cart.
After pressing the button "Checkout", the customer enters the next order step.
If the customer has previously registered for the seller's online store, he can continue his order by entering his e-mail address and the corresponding password entered in the "Sign in for registered customers" field.
If the customer is not yet registered, he can either create a customer account in the field "Order and register as customer" or use the "Order without registering" field to execute the order without opening a customer account. In both cases the customer subsequently stores his personal data and confirms this with the "Next" button.
In the next order step, the customer can first select a shipping method offered by the seller. The desired shipping method is selected by clicking on the "click" button and confirming with the "Next" button. Subsequently, the customer can choose a payment method offered by the seller. The selection is made by the customer by activating the respective method of payment by a "click". After confirming the payment method with the "Next" button, the customer is in his order overview.
He can make any corrections to the entered data which the customer wishes to make, in the respective input mask, which he reaches via the page menu, which is always available in the ordering process, in the upper bar.
Before the customer can make a binding declaration of the contract by means of the button "Buy now", he must confirm the acknowledgment of his right of revocation and consent to the terms and conditions of the seller. For this purpose, the customer must confirm: "I have read and accepted the general terms and conditions. I have been informed of my right of revocation."
(3) Purchase processing and contact are made by e-mail with the help of the automated purchase processing software. The customer must therefore ensure that the e-mail address specified by him for the purchase processing is correct so that the correspondence can be made. In the case of the use of spam filters, the customer must ensure that all e-mails sent by the seller or his purchase processing service providers are received for the purchase process.
§ 3 - Contract storage
In the confirmation of the order the customer receives his order data, as well as the GTC-customer information and the revocation instruction together with the standard withdrwal form by e-mail. The seller does not make any further backups of the contract text after conclusion of the contract. This means that the customer himself must be prompted to make long-lasting backups of the offer (eg by means of a screenshot).
§ 4 - Prices
The prices stated by the seller include all price components. Due to the small business status according to § 19 UStG, the seller does not charge VAT and therefore does not disclose it separately. The packaging and shipping costs are shown separately for each product offer or via the link "Shipping". Other price components, e.g. further taxes, duties or other charges, may be incurred for cross-border deliveries.
§ 5 - Terms of payment
Payments can be made as follows:
- Payment by PayPal
After the order has been sent, the customer is forwarded to the PayPal page, which is used to make payment to the seller by the customer. This requires a member account of PayPal (Europe) S.à r.l. Et Cie, S.C.A., Luxembourg. After confirmation of the payment by PayPal, the shipping or the provision for the download of the goods takes place. The customer's PayPal account is debited at the end of the ordering process. Please also pay attention to the terms and conditions of PayPal, which you have agreed to with the opening of the customer account at PayPal.
- by credit card through PayPal (Europe) S.à r.l. Et Cie, S.C.A., Luxembourg
After the order has been sent, the customer is forwarded to the PayPal page, which is used to make payment to the seller by the customer. After confirmation of the payment by PayPal the shipping or the provision for the download of the goods takes place. The debit of the bank account or the credit card is dependent on the processing of the customer banks or the customer's credit card issuing bank. Please also pay attention to the terms and conditions of PayPal, which you have agreed to with the opening of the customer account at PayPal.
If you do not have a PayPal account, please pay attention to the terms and procedures of PayPal:
- via direct debit via the PayPal (Europe) S.à r.l. Et Cie, S.C.A., Luxembourg
Once the order has been sent, the customer is forwarded to the PayPal page, whereby the payment is made via SEPA direct debit to the seller by the customer via PayPal. After confirmation of the payment by PayPal, the shipping or the provision for the download of the goods takes place. You can revoke such a direct debit up to eight weeks after the debit date. PayPal will inform you about the amount of the direct debit and the timeframe in which the direct debit is collected. Please also pay attention to the terms and conditions of PayPal in which you have agreed to the opening of the customer account at PayPal and which contain more detailed information on debiting.
If you do not have a PayPal account, please pay attention to the terms and procedures of PayPal:
- by invoice (not available for download products)
Payments can be made by invoice, assuming creditworthiness. The customer receives the invoice with the goods.
§ 6 - Delivery of goods
(1) The delivery times stated in the products shall start with the date of the conclusion of the contract, otherwise with the day following the date of the customer's payment instruction to its payment service provider. The delivery takes place at the latest within the indicated delivery time. If the last day of the delivery period falls on a Saturday, Sunday or a public holiday recognized by the state of receipt at the place of reception, the next working day shall be replaced by this date.
(2) In the case of delivery outside Germany, the latest delivery time specified for products within the EU member states is extended by 5 business days, otherwise by 10 business days.
§ 7 - EBOOKS / Sheet music downloads
If the customer orders the goods as a download, he will be forwarded to the seller's download page via PayPal after the successful payment instructions and can make the download immediately. In addition, the customer will receive a download link to the e-mail address given at the time of placing the order within 1 hour after successful payment instructions. A download is only possible within one day after purchase.
§ 8 - Proprietary reservation
Until the fulfillment of all claims arising from the contract, the delivered goods remain the property of the seller.
§ 9 - Liability for Defects
Legal regulations apply.
§ 10 - Contractual Language
The contract language is German.
§ 11 - Final Provisions
(1) The law of the Federal Republic of Germany shall apply.
(2) The choice of law pursuant to paragraph 1 shall apply to consumers i.S.v. (1) (2), first sentence, only in so far as the protection afforded by mandatory provisions of the law of the State in which the consumer is habitually resident is not withdrawn.
(3) The provisions on the UN purchase law shall not apply.
Note on the online platform of the EU Commission on out-of-court dispute settlement:
By REGULATION (EU) No 524/2013 of 21 May 2013, the EUROPEAN PARLIAMENT and the EUROPEAN COUNCIL have decided to create an Internet platform to ensure an independent, impartial, transparent, effective, fast and fair out-of-court online settlement of disputes between Consumers and entrepreneurs on the occasion of online purchase contracts or online service contracts. Consumers can obtain more information and access to the platform via the URL http://ec.europa.eu/consumers/odr/.
E-mail of seller: email@example.com
As at: 07/2016