General Terms and Conditions
§ 1 Scope, Definitions
(1) Vanessa Jung, Jungbuschstraße 18, 68159 Mannheim, Germany (hereinafter: “we” or “Vanessa Jung”) operates an online shop for goods and digital items under the website https://vanessajung-guitar.de . The following General Terms and Conditions apply to all services between us and our customers (hereinafter: “Customer” or “You”) in the version valid at the time of the order, unless otherwise expressly agreed. (2) “Consumer” within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor can be attributed to their independent professional activity. “Entrepreneur” means a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity, whereby a partnership with legal capacity is a partnership endowed with the capacity to acquire rights and incur liabilities.
§ 2 Conclusion of Contracts, Storage of the Contract Text
(1) The following regulations regarding the conclusion of a contract apply to orders via our online shop at https://vanessajung-guitar.de. (2) Our product presentations on the Internet are non-binding and do not constitute a binding offer to conclude a contract. (3) Upon receipt of an order in our online shop, the following regulations apply: The customer submits a binding contract offer by successfully completing the ordering procedure provided in our online shop. The order is placed in the following steps:
- Selection of the desired goods or digital items,
- Adding the products by clicking the corresponding button (e.g., “Add to cart”, “Add to shopping bag” or similar),
- Checking the details in the shopping cart,
- Accessing the order overview by clicking the corresponding button (e.g., “Proceed to checkout”, “Continue to payment”, “To order overview” or similar),
- Input/verification of address and contact details, selection of payment method, confirmation of the GTC and cancellation policy,
- If the agreed quality of the goods deviates from their usual quality and usage requirements, confirmation of a negative quality agreement,
- Completion of the order by pressing the button “Buy now”. This constitutes your binding order.
The contract is concluded when we send you an order confirmation to the specified email address within three working days.
(4) In the event of a contract conclusion, the contract is concluded with Vanessa Jung, Jungbuschstraße 18, 68159 Mannheim, Germany. (5) Before placing the order, the contract data can be printed out or saved electronically using the browser’s print function. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the GTC, and the cancellation policy, takes place via email after you have triggered the order, partly automated. We do not store the text of the contract after the conclusion of the contract. (6) Input errors can be corrected using the usual keyboard, mouse, and browser functions (e.g., the browser’s “Back” button). They can also be corrected by canceling the ordering process prematurely, closing the browser window, and repeating the process. (7) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by email, partly automated. You must therefore ensure that the email address you have provided to us is accurate, that the receipt of emails is technically ensured, and in particular that it is not prevented by SPAM filters.
§ 3 Subject Matter of the Contract and Essential Characteristics of the Products
(1) In our online shop, the subject matter of the contract is:
- The sale of goods. You can find the specific goods offered on our item pages.
- The sale of digital items, e.g., software or media downloads. You can find the specific digital items offered on our item pages.
(2) The essential characteristics of the goods and digital items can be found in the product description. If the agreed quality of the goods deviates from their usual quality and usage requirements, this will be expressly pointed out in the product description (negative quality agreement). Insofar as the customer has given their express consent to the negative quality deviation, this defines the subject matter of the contract. (3) For the sale of digital products, the license agreements visible on the website (https://vanessajung-guitar.de/endbenutzer-lizenzvertrag-eula/) apply additionally, as well as the restrictions resulting from the product description or otherwise arising from the circumstances, in particular regarding hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject matter of the contract is only the private and commercial use of the products without the right to resale or sublicensing.
§ 4 Prices, Shipping Costs and Delivery
(1) The prices listed in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes. (2) The respective purchase price must be paid before delivery of the product (advance payment), unless we explicitly offer purchase on invoice. The payment methods available to you are displayed under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due for payment immediately. (3) In addition to the stated prices, shipping costs may apply for the delivery of products, unless the respective item is designated as free of shipping costs. The shipping costs will be clearly communicated to you in the offers, if applicable in the shopping cart system and on the order overview. No shipping costs apply to digital products. (4) Unless clearly stated otherwise in the product description, all offered products are ready for immediate dispatch (delivery time: 1 – 2 business days after receipt of payment). (5) The following delivery area restrictions apply: Delivery is made to the following countries: Germany. (6) If the delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. This does not apply to the costs of shipping if you effectively exercise your right of withdrawal. For the return costs, the regulation made by us in the cancellation policy applies if you effectively exercise your right of withdrawal. (7) We point out that our products are usually shipped with the shipping service provider DHL (Deutsche Post AG, Charles-de-Gaulle-Str. 20, 53113 Bonn, Germany). For this purpose, the data required for shipping (name, delivery address, if applicable email address for shipment tracking) will be forwarded to DHL. This data transfer takes place exclusively for the fulfillment of the delivery contract.
§ 5 Payment
In our shop, the following payment methods are generally available:
PayPal In cooperation with the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), we offer you the following payment options as PayPal Services. Unless otherwise regulated below, payment via PayPal does not require registration with PayPal. You will receive further information with the respective payment option and during the ordering process.
PayPal, PayPal Express In order to pay the invoice amount via the PayPal payment option, you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after placing the order. PayPal may offer registered PayPal customers selected according to its own criteria further payment modalities in the customer account. However, we have no influence on the offering of these modalities; further individually offered payment modalities affect your legal relationship with PayPal. You can find further information on this in your PayPal account.
Credit Card via PayPal Your card will be charged by PayPal after the goods have been dispatched.
Direct Debit via PayPal Payment by direct debit via PayPal requires an address and credit check and is made directly to PayPal. By confirming the payment instruction, you grant PayPal a direct debit mandate. You will be informed by PayPal about the date of the account debit (so-called pre-notification). The account is debited before the goods are dispatched.
Google Pay In order to pay the invoice amount via the payment service provider Google Ireland Ltd., Gordon House, Barrow Street, Dublin 4, Irland (“Google”), you must be registered with Google, have activated the Google Pay function, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions during the ordering process.
Apple Pay In order to pay the invoice amount via the payment service provider Apple Inc., One Apple Park Way, Cupertino, CA 95014, USA (“Apple”), you must use the “Safari” browser, be registered with Apple, have activated the Apple Pay function, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out immediately after placing the order. You will receive further instructions during the ordering process.
§ 6 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship. (2) The goods remain our property until full payment of the purchase price.
§ 7 Right of Withdrawal
As a consumer, you have a right of withdrawal. This is governed by our cancellation policy (Widerrufsbelehrung).
§ 8 Contract Language
German and English are available as contract languages. In the event of legal conflicts or any discrepancies between the German and English versions of these General Terms and Conditions, the German version shall prevail.
§ 9 Liability
(1) Subject to the following exceptions, our liability for contractual breaches of duty as well as from tortious acts is limited to intent or gross negligence. (2) We are liable without limitation in the event of slight negligence for injury to life, body, health or the breach of an essential contractual obligation. If we are in default of performance through slight negligence, if performance has become impossible, or if we have breached an essential contractual obligation, liability for resulting material damage and financial loss is limited to the foreseeable damage typical for the contract. An essential contractual obligation is one whose fulfillment makes the proper execution of the contract possible in the first place, whose breach endangers the achievement of the purpose of the contract, and on whose compliance you may regularly rely. This includes, in particular, our duty to take action and fulfill the contractually owed performance described in § 3. (3) If, when purchasing a product with digital elements or when purchasing digital products (digital content and services), the customer fails to install an update that has been made available to them and about the availability of which they have been informed within a reasonable period of time, we shall not be liable for a material defect that is solely attributable to the lack of this update.
§ 10 Warranty
(1) The warranty is governed by statutory provisions. (2) Vis-à-vis entrepreneurs, the warranty period for delivered goods is 12 months. (3) As a consumer, you are requested to check the goods/digital items or the service provided immediately upon fulfillment of the contract for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will, of course, have no effect on your statutory warranty claims.
§ 11 Final Provisions / Dispute Resolution
(1) German law applies. For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn (favourability principle). (2) The provisions of the UN Sales Convention (CISG) expressly do not apply. (3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider’s registered office. (4) The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/. Our email address can be found in our site notice. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.