§ 1 Contracting party, application area

(1) Contracting party in the context of the general terms and conditions is

jazzwerkstatt klassik SHOP GmbH
Knesebeckstraße 33/34
D-10623 Berlin
Phone 030 / 886 75 944 (Mo.-Fr., 10-19 Uhr; Sa. 10-16 Uhr)
Fax 030 / 886 75 974

in the following denoted as „jazzwerkstatt klassik SHOP“, and the customer. Further information about the communication data and the legal representation of jazzwerkstatt klassik SHOP can be found in the provider marking.)

(2) All deliveries and services which are generated by jazzwerkstatt klassik SHOP for its customers take place solely on the basis of the following general terms and conditions in the valid version at the point in time of the order.

(3) Differing regulations will not be tolerated. Any other than here included regulations are only operative with an explicit agreement between an authorized management representative of jazzwerkstatt klassik SHOP and the respective customer. All communication in the context of the appreciable explanations of the contract are proceeded in German language.

§ 2 Conclusion of contract

(1) The offers of jazzwerkstatt klassik SHOP on the internet sites represent a nonbinding request to the customer to order or sell goods from jazzwerkstatt klassik SHOP.

(2) Through the order of the wanted products, completing and confirming the online form on the internet, via e-mail, via fax, via phone, postally or personal in the shop the customer responds to a binding offer  and concludes to a purchase agreement. The offer is bound once the particular interface to jazzwerkstatt klassik SHOP is passed through.

(3) jazzwerkstatt klassik SHOP has the right to accept the order within a period of seven calender days by sending an order confirmation or by sending the goods. The order confirmation is submitted electronically by email. After an affectless expiry of the term the offer is deemed to be declined.

§ 3 Price

(1) All stated prices are to be understood inclusive to the actual valid legal value added tax (at present 19 percent) without the costs of the packaging and shipping at the time of the order.

(2) For packaging and shipping (shipping costs) of the delivery, the costs are computed separately. The amount of the actual packaging and shipping costs are summarised in the table “shipping costs”.

(3) For orders via cash on delivery service additional, separately cash on delivery fees will be charged. The amount of the fees are likewise given in the rubric “shipping costs”.

(4) All stated prices, also for packaging and shipping apply only at the time of the order. With the update of the internet sites of jazzwerkstatt klassik SHOP all previous prices and other information about goods are invalid. The valid version at the time of the order will be applicable.

§ 4 Term of payment

Payments are to be made via bank transfer, credit card, debit entry, Paypal or via invoice.

Payment via invoice is only possible if the complete landline number is stated (no mobile number) in the order.

(1) If you choose debit entry (direct debit), please confirm a sufficient coverage of your account.

In case of charge backs (failing coverage, account terminated etc.) there will be a 10.00 Euro penalty charge.

Herein included are bank fees and a handling flat fee.

(2) If you choose the payment via credit card and you cancel this payment at your financial institute after realisation of the contract we will charge you with a 40.00 Euro cancellation fee. Please contact us before you cancel a credit card payment.

§ 5 Cancellation policy

It is explicitly indicated in the cancellation policy of the customer and at this explicitly directed to the separate indoctrination about the cancellation policy.

§ 6 Delivery conditions / Default in acceptance

(1) The delivery takes place by delivery ex warehouse of the supplier on behalf of jazzwerkstatt klassik SHOP respectively directly through jazzwerkstatt klassik SHOP to the delivery address stated by the customer.

(2) The availability of the goods and the date of dispatch result in the individual contractual agreement between jazzwerkstatt klassik SHOP and the costumer. The information refers to the point in time of the shipment from jazzwerkstatt klassik SHOP and not the receipt at the customer. Information about the terms of delivery are nonbinding, so far as the delivery date is not exceptional has been confirmed and binding in written form. Every delivery stays under reserve that jazzwerkstatt klassik SHOP has been self delivered on time and in proper form; the following paragraphs apply.

(3) If from a customer ordered product against expectations despite timely disposal of jazzwerkstatt klassik SHOP for non represent reasons is not available,  jazzwerkstatt klassik SHOP will inform the customer immediately about the unavailability and in case of a cancellation of the customer will refund the already transmitted payments.

(4) If jazzwerkstatt klassik SHOP gets into delayed delivery or a delivery becomes impossible for responsible reasons and it consists of a non malice or act of gross negligence the liability for damages is excluded. Further claims of the customer remain reserved.

(5) If delayed deliveries bear on reasons, that jazzwerkstatt klassik SHOP is not responsible for (act of nature, guiltiness third party, among others) the period will be extended appropriately. The customer will be immediately informed hereof. If the reasons of the delay persist for longer than four weeks after the contract formation each party has the right to resign from the contract.

(6) The delivery takes place against a packaging and shipping cost flat fee (§ 3 Abs. 2), which exact amount is labeled separately with each delivery.

(7) If it involves a purchase of consumer products, the risk of an accidental downfall or an accidental impairment bears jazzwerkstatt klassik SHOP.

§ 7 Reservation of proprietary rights

(1) The ordered goods remain until the full payment is in the ownership of jazzwerkstatt klassik SHOP

(2) Before the transfer of ownership any resale, renting, pledging, or other disposals or transformation without an explicit agreement of jazzwerkstatt klassik SHOP is not permitted.

§ 8 Warranty 

(1) The claims of the customer against Jazzwerkstatt klassik SHOP if defects occur adjust to the provision of the law within the legal terms, insofar as the following regulations don’t arise variations. The legal warranty term is currently two years.

(2) Damages that happen due to inapproprate or in breach of contract arrangements of the customer, that were caused while installation, connection, handling or storage justify no claim against Jazzwerkstatt klassik SHOP. The inappropriation and contravention of contract is indentified in particular according to the indications of the manufacturer.

(3) In case of the purchase of a second hand product the claims of the customer because of defects will lapse with the expiration of one year as from the receipt of the goods.

(4) If the customer is an entrepreneur and the ordered service is for his or her business enterprise their claims for defects will lapse after one year from the receipt of the goods.

(5) If there are obvious defects and transport damages the customer will be asked to report these immediately to Jazzwerkstatt klassik SHOP. Thereby he simplifies the possible enforcement of further claims from Jazzwerkstatt klassik SHOP towards suppliers. If the customer is a consumer the absence won’t have any impacts on whose possible warranty claims. For entrepreneurs it applies § 377 HGB.

§ 9  Liability

(1) Jazzwerkstatt klassik SHOP is only responsible for malice and act of gross negligence.

(2) In case of dispatch, injury of health or the body as well as in case of breach of contractual obligations Jazzwerkstatt klassik SHOP is liable according to the provision of law. The liability according to the regulations of the product liability law remains also unaffected. Besides that the liability is excluded.

§ 10 Unlawfullness

(1) The customer is not entitled to charge against Jazzwerkstatt klassik SHOP with own claims against payment claims, unless the receivables of the customer are indisputable or legally noticed.

(2) The customer is not entitled to the dues of rentention of payment claims - also because of claims-

from Jazzwerkstatt klassik SHOP, unless they result from the same contractual relationship.

§ 11 Void terms; Place of jurisdiction, Applicable law

(1) If there should be one or more regulations of the general terms and conditions are void, it doesn’t inply that the whole contract is ineffective. The void regulation will be replaced by the respective legal regulation.

(2) If the customer is a trader, a corporate body under public law or a public fund asset the solely place of jurisdiction is Berlin for all conflicts from the contractual relationship unintermediate or mediate resultant disputes. The same is true, if the customer hasn’t got a general place of jurisdiction domestically, if a customer after the contract formation transfers his residence or usual inhabitation to a foreign country or his residence or his usual residence is unknown at the time of the filing of action.

(3) For the completion and the processing of all contracts German law applies. The application of the UN-sale of goods law is excluded.

(4) For data protection please see our privacy policy