General Terms and Conditions GTC for ema Musik Shop 

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.
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.

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. A personal user account is created when the contract is concluded. The order can be viewed via this account. The use of the account is optional for all those who purchase a physical product. For all those who purchase a digital product, the use of the account is required, as the digital products are made available via it (e.g. the use of mini subscriptions, downloading eBooks or PDFs). The invoice will be sent separately in an e-mail and can be downloaded. A separate e-mail with the access data will be sent a few minutes after conclusion of the contract.

3 Contract language, contract text storage 

The language available for the conclusion of the contract is German. The text of the contract will be attached as a link in the footer of the confirmation email. You can also view the text of the contract at any time on our website shop.ema-Musik.eu. 

4 Delivery conditions, validity

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.

Digital products are delivered without additional shipping costs and made available in the personal user account. The mini subscriptions have a limited validity, which is described in more detail in the subscription conditions. Purchased downloads are available for download in the user account for 30 days. A separate e-mail is sent for each digital product.

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. 
The payment transaction will be carried out automatically by PayPal immediately afterwards. You will receive further instructions during the order process.

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.