General Terms and Conditions GTC for ema Musik Shop
1 Scope of application
The following terms and conditions apply to all orders placed via our online shop. Our online shop is aimed exclusively at consumers.
Verbraucher ist jede natürliche Person, die ein Rechtsgeschäft zu Zwecken abschließt, die überwiegend weder ihrer gewerblichen noch ihrer selbständigen beruflichen Tätigkeit zugerechnet werden können. Unternehmer ist eine natürliche oder juristische Person oder eine rechtsfähige Personengesellschaft, die bei Abschluss eines Rechtsgeschäfts in Ausübung ihrer gewerblichen oder selbständigen beruflichen Tätigkeit handelt.
2 Contractual partner, conclusion of contract
The purchase contract is concluded with Dietz&Hohage GbR. Kaiserring 20, 68161 Mannheim, Germany. By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping basket by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.
3 Contract language, contract text storage
The language available for the conclusion of the contract is English. We save the text of the contract and send you the order data and our GTC as a link by e-mail. You can also view the text of the contract at any time on our website Shop.ema-Musik.eu.
4 Terms of delivery
Shipping costs are added to the indicated product prices. You can find out more about the shipping costs in the offers.
We only deliver by dispatch. Unfortunately, it is not possible to collect the goods yourself.
5 Payment
The following payment methods are available in our shop:
Credit card
When you place your order, you also send us your credit card details. Once you have been legitimised as the legitimate cardholder, we will ask your credit card company to initiate the payment transaction immediately after you place the order. The payment transaction will be carried out automatically by the credit card company and your card will be debited.
Paypal
During the ordering process, you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimise yourself with your access data and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction.
Die Zahlungstransaktion wird durch PayPal unmittelbar danach automatisch durchgeführt. Weitere Hinweise erhalten Sie beim Bestellvorgang.
6 Damage in transit
If goods are delivered with obvious transport damage, please complain about such defects to the deliverer as soon as possible and contact us immediately. Failure to make a complaint or contact us has no consequences for your legal claims and their enforcement, in particular your warranty rights. However, you will help us to assert our own claims against the carrier or the transport insurance company.
7 Warranty and guarantees
Unless expressly agreed otherwise below, the statutory liability for defects shall apply. The following applies to used goods: if the defect occurs after the expiry of one year from delivery of the goods, claims for defects are excluded. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods. The above restrictions and shortened periods do not apply to claims based on damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, limb or health,
- in the event of wilful or grossly negligent breach of duty and fraudulent intent,
- in the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- within the scope of a guarantee promise, if agreed or
- insofar as the scope of application of the Product Liability Act is opened.
Information on any additional guarantees that may apply and their exact conditions can be found with the product and on special information pages in the online shop.
8 Liability
In the event of any damages being caused by us, our legal representatives or vicarious agents, we are always liable without limitation in the following cases:
- in the event of injury to life, limb or health,
- in the event of wilful or grossly negligent breach of duty,
- for guarantee promises, if agreed, or
- insofar as the scope of application of the Product Liability Act is opened.
In the event of a breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations) due to slight negligence on our part, our legal representatives or vicarious agents, liability shall be limited to the amount of damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. Otherwise, claims for damages are excluded.
Creation of the GTC
Terms and conditions created with the Trusted Shops legal text editor in co-operation with Wilde Beuger Solmecke Rechtsanwälte.