Terms and Conditions
General Business Terms and Conditions for Customers with a Usual Place of Residence in the EU States and Other Foreign Countries
of Kölner Akademie für klassische Musik e.V.
Schillingstr. 25, 50670 Cologne
general manager: Michael Alexander Willens
Register of Associations: VR 16904
Phone: +49 221 4 30 16 00
Fax: +49 221 1 30 83 28
You can also use the contact information above for questions, complaints and suggestions.
The following conditions apply to customers with a usual place of residence in the European Union (EU) and other foreign countries outside of the Federal Republic of Germany.
I. Conclusion of the Agreement, Confirmation of the Receipt of Purchase Orders, Storage
The other party to the agreement is Kölner Akademie für klassische Musik e.V.. Agreements can be concluded in German and English at present in our Internet shop. Our product offers are non-binding if they do not become the content of a contractual agreement.
An opportunity exists to review and correct the data input by you before your purchase order is submitted. You submit a binding declaration of agreement when your purchase order is sent. The receipt of the purchase order will be immediately confirmed after your purchase order is received with no technical problems.
A binding agreement will come about when we accept your purchase order. Our acceptance can be provided in the following ways:
We accept your purchase order via notification of delivery or via a separate declaration of acceptance within the delivery period or
You take advantage of our offer and complete your purchase order via payment through the on-line payment service like PayPal or via a credit card payment (the completion of payment corresponds to the conclusion of the agreement)
You receive the goods that were ordered without the agreement having been concluded in one of the ways mentioned above.
When purchasing books, software etc. for downloading, a binding agreement will come about when you send the purchase order.
You will remain bound to your purchase order for at most 7 days.
We will keep these general business terms and conditions and the other contractual provisions with the data of your purchase order available for retrieval in the ordering process. You can simply archive this information there by either downloading the general business terms and conditions and storing the data collected in the Internet shop in the ordering process with the aid of the functions of your browser or waiting for the automatic confirmation of the receipt of the purchase order, which we will additionally send to you at the address specified by you after your purchase order is completed. This e-mail indicating confirmation of the receipt of the purchase order will once again include the provisions of the agreement with the data of your purchase order, and it can easily be printed out or saved with your e-mail program.
We will store the text of the agreement, but it will not be capable of being directly retrieved by you for security reasons. We offer password-protected, direct access (“My Account”) for every customer. With an appropriate registration, you can manage your data and see ordering information here.
Furthermore, you can also get in contact with us via a contact form there to change your address, for instance, or your payment type when there are open orders. For your security, this takes place, as well as everything else in the login area, via an encrypted connection (SSL). The currently effective version of these general business terms and conditions can also be found on our website.
II. Prices, Shipping Costs
The prices listed in the offer at the point in time of the purchase order will apply to purchase orders in our Internet shop. The prices shown are total prices, meaning they include the statutory German value-added tax that is applicable in each case and other price components.
You can find details on the shipping costs that may be added in the information in the shop.
Further costs can arise for importation into a third country (customs duties, possible customs fees and import sales taxes) in the case of deliveries outside of Germany. The customer has to pay these further costs.
III. Right of withdrawal
The following provisions regarding the right of withdrawal will solely apply to agreements with a consumer with a usual place of residence in one of the states of the European Union (EU). (In Germany, according to the statutory provisions of § 13 BGB [German Civil Code], consumers are natural persons for whom the purchase cannot predominantly be ascribed to a commercial or independent professional activity. The term can also include certain legal entities worthy of protection in foreign countries.) You will be provided with cautionary information below on the prerequisites and consequences of the statutory right of withdrawal for consumers in the case of mail orders for the purchase of goods. A contractual grant of rights going beyond the law is not associated with the reproduction of the cautionary information. In particular, commercial resellers are not entitled to the statutory right of cancellation.
A right of withdrawal for customers with a usual place of residence outside of the status of the EU is not being contractually granted. As far as that is concerned, the law of the country of residence will apply for a statutory right of cancellation. If a cancellation of a customer with a usual place of residence outside of the states of the EU is nevertheless accepted by jpc in an isolated case out of good will, the customer will pay the direct costs of the return shipment if the goods that were delivered correspond to those that were ordered. Turn to the contact information provided in the cautionary information on withdrawal for clarification.
Instructions on withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right of withdrawal, you must inform us (Kölner Akademie für klassische Musik e.V.) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail or a phone call). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.
You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Exceptions from the right of withdrawal in the Sale of Goods
Statutory exceptions exist to the right of withdrawal (§ 312g BGB [German Civil Code]); we reserve the right to invoke the following regulations in relation to you:
A right of withdrawal does not exist for agreements to deliver goods that are not prefabricated and that require an individual selection or determination by the consumer for their production or that are clearly custom-made for the personal requirements of the consumer.
It can expire prematurely in the case of agreements to deliver goods if they were inseparably mixed with other goods after the delivery because of their nature and in the case of agreements to deliver audio or video recordings or computer software in sealed packaging if the seal was removed after the delivery.
Model withdrawal form
The “model withdrawal form” mentioned in III. No. 1 of the above-cited cautionary information regarding cancellation can be found below. Its use is not mandatory.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
Kölner Akademie für klassische Musik e.V.
Schillingstr. 25, 50670 Cologne
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
Ordered on (*)/received on (*),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
(*) Delete as appropriate.
IV. Payments, Delivery, Reservations Regarding Delivery
You have the possibility of paying as follows:
Payment by credit card (Visa, MasterCard, American Express, Diners or JCB) (Note: The credit card will be charged at the time of the order.)
Payment by PayPal (You pay the invoice amount via the on-line provider PayPal. You have to be registered there or, as the case may be, initially register, provide proof of identity with your access data and confirm the payment instruction to us. You will receive further instructions on how to get to the site of the payment provider during the ordering process. Your PayPal account will be charged when you send the purchase order.)
Please understand that we do risk assessments prior to the conclusion of an agreement when advance performance is involved. In case of doubt, we reserve the right to offer you the payment form of cash in advance.
We will deliver the ordered goods without delay, but within 7 days after the receipt of the purchase order or the advance payment at the latest. Please refer to the offers for information on deviating delivery times. We do have the right to withdraw from the contract in cases in which we ourselves are not supplied, as long as we are not responsible for this non-delivery. In this case, we will inform you immediately about the unavailability and an advance payment already made – regardless of the payment method chosen by you – will be refunded immediately.
The delivery time will be extended in an appropriate fashion when there are strike and lockout actions interfering with the delivery or other circumstances for which we are not responsible, especially in cases of delivery delays because of force majeure. We will notify the purchaser without delay of the start and end of difficulties of that type.
We reserve the right to only offer the conclusion of an agreement in household quantities for limited availability items and special offers.
We use Deutsche Post and DHL for postal shipments. You will receive a message from us when the goods have left our company.
The warranty is provided according to the statutory regulations of the Federal Republic of Germany. A statutory right with regard to liability for defects exists for the customer.
When a defect is remedied in business transactions with clients who have not ordered for private purposes, we will only pay the transport costs in so far as they are not increased by the fact that the purchased item is brought to a different place than the place of performance.
We attach a great deal of importance to customer satisfaction. You can turn to us at any time via one of the contact methods provided at the outset. We will strive to review your request as quickly as possible and will get in touch with you with regard to this after receipt of the documents or your request or complaint. Give us some time, though, because the manufacturer frequently has to be involved in warranty cases. When there are complaints, you will help us when you describe the problem as precisely as possible and turn over a copy of purchase order documents, if applicable, or at least provide the order number, customer number etc. If you do not receive a reaction from us within 14 days, please inquire about it. In rare cases, e-mails could be in spam filters at our company or get “stuck” with you, or a message will not reach you in another way or will not be sent by mistake.
VI. Retention of Title
The goods that are delivered will remain our property until complete payment has been made.
VII. Data protection
VIII. Jurisdiction, Partial Invalidity, Applicable Law
Our place of business is agreed to be the jurisdiction for all legal disputes concerning these business terms and conditions and individual agreements concluded under their scope of applicability, including disputes about bills of exchange and checks, in business transactions with business persons and with legal entities under public law. We are also entitled in this case to bring a legal action at the domicile location of the customer. Any exclusive jurisdiction will remain unaffected by the provision indicated above.
When individual provisions of the delivery agreement or of these general business terms and conditions are ineffective, the remaining provisions will continue to be effective.
The law of the Federal Republic of Germany will apply to any and all legal transactions or other legal relations with us. The UN Sales Convention (CISG) and any other inter-governmental treaties will not apply, even after being adopted in German law. The provision in III. Item 1, 2nd paragraph will remain unaffected. This choice of law includes the qualification that customers with a usual place of residence in one of the States of the EU or Switzerland will not be deprived of granted protection following from the mandatory regulations of the law of this State.
IX. Dispute resolution for consumers
We are always interested in an agreement with the customer. The European Commission provides a platform for online dispute resolution which you will find on https://ec.europa.eu/consumers/odr/. The Kölner Akademie für klassische Musik e.V. will not take part in formal dispute resolution at an arbitration board for consumers.