§ 1 Scope
Orders will be processed on the following conditions. Any policies deviating therefrom must be made in writing.
§ 2 Conclusion of the contract
2.1 The product information contained on jazzinotes.com is a purely indicative and non-binding invitation order. This is not an offer to conclude a contract in the sense of $$ 145 ff BGB.
2.2 By clicking PLACE ORDER you place a binding order of the goods in the cart. The confirmation of you order follows immediately after your purchase by an autamatically generated e-mail. With this e-mail the contract between you and jazzinotes is concluded.
2.3 The language of the contract is either English or German. You may choose.
§ 3 Pricing
3.1 Only the price listed at the time of purchase is valid. You will become liable to jazzinotes upon receipt of the Order Confirmation (digital download) or Shipping Confirmation (Shipping).
3.2 All prices include VAT. Deliveries to non-EU countries are exempt from VAT. Supplies to corporate customers with VAT ID within the EU are exempt from VAT if the VAT-ID is stated at the point of order.
3.3 Prices are quoted in Euros. jazzinotes reserves the right to offer additional prices in each country-specific currency in accordance with current currency exchange rates as set by the European Central Bank (Euro foreign exchange reference rates).
§ 4 Payment
4.1 jazzinotes accepts only the indicated methods of payment.
4.2 The purchase price and the shipping costs are due upon closure of contract.
4.3 If you pay by credit card or PayPal, your account is charged immediately after your purchase.
4.4 In default of payment, an annual interest rate of 5% (consumer) and 8% (non consumer) over the Deutsche Bundesbank’s base lending rate will be calculated. Further charges incurred by such delays may also be payable (§ 288 BGB).
4.5 The customer is entitled to compensation if his counterclaims are undisputed or legally valid (§ 309 para 3 BGB)
4.6 Charges to jazzinotes incurred through returned debits, whether due to incorrect bank account information or insufficient funds, will be charged to the customer. In this case a fee of €3 will be levvied. No further administrative fees will be charged.
§ 5 Delivery
5.1 jazzinotes takes all necessary care over shipping. jazzinotes reserves the right to make partial deliveries.
5.2 For national, European or worldwide deliveries, jazzinotes will choose the safest and most economic method of shipping unless additional shipping lines are agreed upon by the customer and jazzinotes in advance. At the weight of u to 1 kg (863 g goods + 137g wrapping), your order is shipped by mail. Jazzinotes does not accept responsibility for additional shipping fees unless explicitly stated. The details you may read in the current Terms of delivery.
5.3 jazzinotes is legally obliged to accept liability for transport of the shipment to the consumer (consumer goods acc. § 474 para 2 BGB). Further agreements with the customer which flout these laws are prohibited (§ 475 para 1 BGB). In the case of the goods being delivered elsewhere at the buyer's request or should the goods be insured through the shipping company, this shipping company is responsible for the safe delivery of the goods to the customer (sale gem. § 447 BGB).
5.4 In the case of a delay in delivery, jazzinotes reserves the right to a reasonable extension of delivery terms, after which the customer may cancel the contract. Upon cancellation, compensation for damage caused by the delay will only be payable to the sum of the contract value (only advance performance and licenses).
5.5 All goods remain the property of jazzinotes until all invoices have been cleared and all payments effected. In the event of outstanding payments – after final demands have not been met – jazzinotes may require the surrender of the property or repossess the goods and hereby withdraw from the contract. The costs of return shipment of goods must be met by the debtor. Jazzinotes reserves the right to seize and/or offset - net of related costs - other recyclable items in order to meet the debtor’s liabilities.
§ 6 Warranty
6.1 jazzinotes is liable for defects present at the handover of goods to the consumer with a warranty period of two years from the date of delivery (§ 438 para 1 BGB). The burden of proof lies with jazzinotes if defects are noted by the consumer within 6 months of delivery date (burden of proof § 476 BGB). For compliance with the deadline, timely dispatch will suffice.
6.2 jazzinotes is liable for defects present at the handover of goods to corporate customers, with a warranty period of one year from date of delivery. The burden of proof lies with the buyer. Commercial purchases of goods are handed over immediately and must be checked by the buyer. Any defects must be communicated to jazzinotes upon receipt. Defects discovered by the buyer at a later date, immediately known statement (Notification of defect § 377). The review period is set at 2 weeks. For compliance with the deadline, timely dispatch will suffice. Should the buyer fail to communicate the damage within the required period, the guarantee will be deemed invalid and all rights to compensation and appeal will be forfeited.
6.3 In the event of damaged or faulty goods, the statutory warranty provisions of § § 434 et seq. will come into force. The buyer has the right to choose rectification, i.e. the choice between repair and replacement with defect-free goods.
6.4 For any defect, jazzinotes is only liable only up to the value of the goods. Claims for damages under the warranty due to consequential damages, breach of contractual obligations, poor advice or tort are excluded, except in the case of premeditated intent or gross negligence.
Rights of Revocation
§ 7 Your Rights of Revocation
1 By checking the box "I have read the Rights of Revocation" in the purchase order process you have accepted, that the Rights of Revocation are not valid for digital downloads.
2 You have the right to cancel the contract within 14 days without stating any reasons.
To cancel the contract, you have to inform us clearly about your decision by email, letter or fax: jazzinotes Publishing GmbH, Pasmannstr. 4, D-20459 Hamburg, email firstname.lastname@example.org, Fax +49/40/20919421.
3 If you cancel the contract, we have to pay you back all payments that we have received from you, including the shipping costs (except the additional costs resulting from your order of a different way of shipping we normally offer), within 14 days after we have received your information about cancelling the contract. For this payment we use the same payment option that you have chosen for your purchase, except we have agreed upon something else. We won't charge anything for this payment. We may refuse the payment until we have received back the articles or until you have proved that you have sent back the articles.
You have to send back the articles immediately and in any case not later than 14 day after having cancelled the contract to us: jazzinotes Publishing GmbH, Pasmannstr. 4, D-20459 Hamburg. You have to pay the expenses of sending us back the articles.
You have to pay an eventual depreciation of the articles only, if it is the result of a not necessary handling to prove the consistence, property or functionality of the articles.
4 Cancellation rights cease to apply under § 312 BGB, para 4. In particular they do not apply to goods which were manufactured according to customer specifications or clearly tailored to the personal needs of you, to delivered media such as audio or video recordings or computer software whose seal has already been broken, or downloaded material as this can not be returned without leaving any residue and, because of its nature as a computer file, is unsuitable for return.
End of "Rights of Revocation"
§ 8 Costs of Redelivery
If you make use of your rights of revocation, you have to pay the costs of the redelivery.
§ 10 Copyright and License Agreements
10.1 jazzinotes produces, distributes, sells and trades goods which are protected by copyright.
10.2 jazzinotes draws the buyer’s attention to the fact that any duplication of copyrighted material, such as sheet music, periodicals and books by reprinting, copying, scanning or photographing is only permitted with prior consent of the copyright holder (§ 53 Abs . 4 Copyright Act). The same also applies to video and audio recordings according to §§ 73 ff 85 ff or $$$$ Copyright Law 88 et seq.
10.3 According to the license agreement with its authorized partners (author, original / sub-publishers), jazzinotes is authorized to reproduce and sell products. In each case, the license terms agreed with the licensees apply.
10.4 Export to countries outside the agreed license areas and the digital download of products via unauthorized online retailers is not permitted.
10.5 jazzinotes cannot prevent the onward delivery of the products into unauthorized zones by (non-) involved third parties, neither is it liable for the digital download via unauthorized third-party online portals. jazzinotes accepts no responsibility for the damage incurred herewith, unless jazzinotes acted with intent or contrary to the agreed protective measures for the suppression of unlawful distribution of products.
§ 11 Applicable Law and Jurisdiction
This agreement is governed by the laws of the Federal Republic of Germany excluding the UN Sales Convention and the exclusion of German international private law. Provided the customer is a businessman, place of performance and jurisdiction shall be Hamburg.
§ 12 Severability Clause
If any provision of these conditions be or become invalid, this shall not affect the validity of the remaining provisions of the contract. Invalid provisions shall be replaced by valid provisions that are as close to the intended purpose as possible.
Hamburg,7th September 2015
jazzinotes Publishing GmbH
End of Terms and Conditions