General Business Terms and Conditions for Germany of jpc-schallplatten-versandhandelsgesellschaft mbh, Lübecker Str. 9, D-49124 Georgsmarienhütte E-mail: service@jpc.de managing director: Gerhard Georg Ortmann VAT identification number: DE117578924 Osnabrück District Court, HRB 110327 Telephone 05401 8893999 (Mo. Sa., 8 a.m. 8 p.m.;), Fax 05401 851-300 You can also use the contact information above for questions, complaints and suggestions. Die nachfolgenden Bedingungen gelten für den Versand innerhalb der Bundesrepublik Deutschland. Für den Versand in andere LThe following terms and conditions apply to shipments within the Federal Republic of Germany. Special international terms and conditions apply to shipments to other countries and to customers with a usual place of residence in other countries of the European Union (EU) and other foreign countries. I. Conclusion of the Agreement, Confirmation of the Receipt of the Order, Storage 1. The other party to the agreement is jpc-schallplatten-versandhandelsgesellschaft mbh. Agreements can be concluded in German and English at present in our Internet shop. Our product offers are nonbinding if they do not become the content of a contractual agreement. 2. 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, notification of the date that the account is debited in the case of a direct debit or via a separate declaration of acceptance within 7 days or You take advantage of our offer and complete your purchase order via authorization of the payment through the on-line payment service "Sofortüberweisung" (immediate bank transfer) or PayPal (the completion of payment corresponds to the conclusion of the agreement) or 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 be bound by your order for at most 7 days - subject to a statutory right of cancellation. 3. 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 1
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. 4. 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 offer. III. Right of withdrawal for Consumers 1. Right of withdrawal for the Sale of Goods 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 withdrawal. 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 (jpc-schallplatten-versandhandelsgesellschaft mbh, Lübecker Str. 9, 49124 Georgsmarienhütte, e-mail: <service@jpc.de>, Telefax 05401 851-300, Telephone 05401 8893999 (Mo. Sa., 8 a.m. 8 p.m.;)) mof 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 2
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. 2. 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. 3. 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) To: jpc-schallplatten-versandhandelsgesellschaft mbh, Lübecker Str. 9, 49124 Georgsmarienhütte, Telefax 05401 851-300, E-Mail: <service@jpc.de> 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), 3
Signature of consumer(s) (only if this form is notified on paper), Date (*) UDelete as appropriate. IV. Payments, Delivery, Reservations Regarding Delivery 1. You have the possibility of paying as follows: Purchase on account (The invoice is issued with the delivery) Payment via SEPA core direct debit (The payment is made via SEPA core direct debits taken from your bank account. You will be notified of the date that the account will be charged on our invoice. The period of advance notice about the date of the account debit (pre-notification period) will be shortened to 5 days.) Payment by credit card (Visa, MasterCard, American Express, Diners or JCB) (Note: Your credit card will be charged when we ship your 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.) Sofortüberweisung.de (When payment is made via the payment provider Sofortüberweisung [immediate bank transfer], we immediately receive the remittance and can immediately send the delivery if the product is available. You need an account number, bank routing code, PIN and TAN. Sofortüberweisung.de enters a bank transfer in your on-line bank account in an automatic fashion and in real time via the secure payment form of Payment Network AG that is not accessible to dealers. The purchase amount is immediately and directly transferred to the bank account of the dealer in the process. Our service is free of charge for you as a customer; only the fees (transfer fee) of your local bank will be incurred.) Bei A pre-filled form opens up at the end of the ordering process when the payment type Sofortüberweisung [immediate bank transfer] is chosen. It already contains our bank information. Furthermore, the amount to be transferred and the reason for the transfer are already displayed in the form. You have to now select the country where you have your on-line bank account and enter the bank routing code. Then enter the same data that is used to log into the on-line banking (account number and PIN). Confirm your order by entering the TAN. You will receive confirmation of the transaction right after that. Please note that Sofortüberweisung is not yet available for a few banks. You can obtain further information as to whether your bank supports this service here: https://www.payment-network.com/de/ user/sofortueberweisung-bankensuche.html. A claim to payment via SEPA direct debit or a purchase on account does not exist. 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. 2. 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. The delivery obligation will not apply if deliveries are not made to us correctly and in a timely manner and we are not responsible for the lack of availability. When the goods are not available, we will 4
V. Warranty immediately notify you and any advance payment that may have been made will be refunded without delay. 3. 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. 4. We reserve the right to only offer the conclusion of an agreement in household quantities for limited availability items and special offers. 5. We use Deutsche Post and DHL for postal shipments. You will receive a message from us when the goods have left our company. If delivery is not possible, you will receive a message from the carrier that indicates other possibilities. 1. A statutory right with regard to liability for defects (warranty) exists for the customer when goods are defective. 2. 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 You can find details on the collection and use of your personal data in our Privacy Policy, which also contain information on the credit check in which values for the probability of a payment default are calculated; your address data is also included in the process. VIII. Jurisdiction, Partial Invalidity, Applicable Law 1. 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. 2. 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. 3. 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 5
not apply, even after being adopted in German law. 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 http://ec.europa.eu/consumers/odr/. You reach our service contact under <service@jpc.de>. The jpc-schallplatten-versandhandelsgesellschaft mbh will not take part in formal dispute resolution at an arbitration board for consumers. Your jpc-schallplatten-versandhandelsgesellschaft mbh 17-1121jO-Dv22-en 6