General Terms and Conditions of Business

§ 1 Validity, definitions of terms

(1) JK Accordion Arrangements, Zum Storchennest 1, 14476 Potsdam, Germany (hereinafter: "we" or "JK Accordion Arrangements") operates an online shop for merchandise and digital goods under the website https://www.jk-arrangements.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 which can predominantly be attributed neither to his commercial nor to his independent professional activity. "Entrepreneur" is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity, whereby a partnership with legal capacity is a partnership endowed with the capacity to acquire rights and incur liabilities.

§ 2 Formation of contracts, storage of the text of the contract

(1) The following regulations on the conclusion of contracts apply to orders placed via our online shop at https://www.jk-arrangements.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 shall apply: The customer makes a binding offer to enter into a contract by successfully completing the order procedure provided in our online shop. The order is placed in the following steps:

1. Selecting the desired goods, digital goods,
2. Adding the products by clicking on the corresponding button (e.g. "Add to shopping cart"),
3. Checking the details in the shopping basket,
4. Calling up the order overview by clicking on the corresponding button (e.g. "Proceed to checkout", "Proceed to payment", "Go to order overview" or similar),
5. Entering/checking the address and contact details, selecting the method of payment, confirming the General Terms and Conditions and the cancellation policy,
6. If the agreed quality of the goods deviates from their usual quality and conditions of use, confirmation of a negative quality agreement,
7. Completion of the order by pressing the button "Buy now". This constitutes your binding order.
8. The contract is concluded when you receive an order confirmation from us to the specified e-mail address within three working days.

(4) In the event of conclusion of the contract, the contract is concluded with JK Accordion Arrangements, Zum Storchennest 1, 14476 Potsdam, Germany.

(5) Before the order is placed, the contract data can be printed out or electronically saved 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 General Terms and Conditions and the cancellation policy, is carried out by e-mail after the order has been placed by you, partly automatically. We do not store the text of the contract after conclusion of the contract.

(6) Input errors can be corrected by means of the usual keyboard, mouse and browser functions (e.g. "back button" of the browser). They can also be corrected by aborting the order 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 partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

§ 3 Subject matter of the contract and essential features of the products

(1) In our online shop, the subject matter of the contract is:

1. The sale of goods. The specific goods offered can be found on our article pages.
2. The sale of digital goods, e.g. software or media downloads. The specific digital goods offered can be found on our article pages.

(2) If a contract for goods with digital elements or for digital products (digital contents and services) is concluded with a consumer and the statutory obligation to update is not effectively excluded by contract, the function-maintaining updates and necessary security updates are also the subject matter of the contract.

(3) The essential characteristics of the goods and digital goods can be found in the item description. If the agreed quality of the goods deviates from their usual quality and conditions of use, this shall be expressly indicated in the item description (negative quality agreement). Insofar as the customer has given his express consent to the negative deviation in quality, this defines the subject matter of the contract.

(4) The restrictions apparent from the product description or otherwise resulting from the circumstances shall apply to the sale of digital products, in particular to 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 resell or sublicense.

§ 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 is to be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown 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 be incurred for the delivery of products, unless the respective item is stated as being free of shipping costs. The shipping costs will be clearly indicated to you again on the offers, if applicable in the shopping basket system and on the order overview.

(4) All products offered are, unless clearly stated otherwise in the product description, ready for immediate dispatch (delivery time: 3-7 working days after receipt of payment or after receipt of the order in the case of purchase on account).

(5) The following delivery area restrictions apply: Delivery will be made to the following countries: Albania, Andorra, Belgium, Bosnia and Herzegovina, Bulgaria, Germany, Denmark, Estonia, Finland, France, Faroe Islands, Georgia, Gibraltar, Greece, Greenland, Ireland, Iceland, Isle of Man, Italy, Canada, Croatia, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Moldova, Monaco, Montenegro, Netherlands, Northern Macedonia, Norway, Poland, Portugal, Romania, San Marino, Sweden, Switzerland, Serbia, Slovakia, Slovenia, Spain, Czech Republic, Turkey, Ukraine, Hungary, Vatican City, United States of America (USA), United Kingdom, Cyprus, Åland, Austria.

§ 5 Updates, Obligations of the Consumer to Cooperate

(1) Insofar as a contract for goods with digital elements or for digital products (digital content and services) is concluded with a consumer and the statutory obligation to provide updates is not effectively excluded by contract, the customer shall be provided with regular updates that ensure the functionality and the (IT) security of the purchased item (e.g. security updates against new security threats, etc.).

(2) We are also authorised to use a third party (e.g. the manufacturer or its supplier) to provide the updates.

(3) The period during which updates are provided depends on the type of item purchased and is explained in the item description.

(4) Consumers will be informed about the provision of updates as well as about the proper installation of these.

(5) The customer is obliged to install provided updates properly according to the installation instructions.

§ 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 the purchase price has been paid in full.

§ 7 Duplication

(1) The consumer is only entitled to use the quantity he has chosen. This applies in particular to the use and reproduction of digital products.

(2) Copying and reproduction of any kind is prohibited. This also applies to backup copies or duplications for private use.

(3) Digital goods may only be used in the selected quantity. The use per device counts.

(4) Infringement is punishable by law.

§ 7 Right of withdrawal

As a consumer you have a right of withdrawal. This is governed by our cancellation policy (see below).

§ 8 Liability

(1) Subject to the following exceptions, our liability for contractual breaches of duty and for tortious acts is limited to intent or gross negligence.

(2) We shall be liable without limitation for slight negligence in the event of injury to life, limb or health or in the event of a breach of a material contractual obligation. If we are in default of performance due to slight negligence, if performance has become impossible or if we have breached an essential contractual obligation, liability for material damage and financial loss resulting therefrom shall be limited to the foreseeable damage typical for the contract. An essential contractual obligation is an obligation the fulfilment of which makes the proper performance of the contract possible in the first place, the breach of which jeopardises the achievement of the purpose of the contract and the observance of which you may regularly rely on. This includes, in particular, our duty to take action and to fulfil the contractually owed performance, which is described in § 3.

(3) If, when purchasing goods with digital elements or when purchasing digital products (digital content and services), the customer fails to install within a reasonable period of time an update that has been provided to him and of whose availability he has been informed, we shall not be liable for a material defect that is solely attributable to the absence of this update.

§ 9 Contractual language

German shall be the sole contractual language.

§ 10 Warranty

(1) The warranty shall be governed by the statutory provisions.

(2) Towards entrepreneurs the warranty period on delivered goods is 12 months.

(3) As a consumer, you are requested to check the item/digital goods or the service provided immediately upon fulfilment 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 shall apply. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (favourability principle).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly 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 (OS), which you can find at https://ec.europa.eu/consumers/odr . We are willing to participate in an out-of-court settlement procedure.