Terms of service

General terms and conditions and customer information

I. General terms and conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Jonas Hain) via the website jonas-hain.myshopify.com/. Unless otherwise agreed, the inclusion of any terms and conditions of your own that you may use is rejected.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to either their commercial or self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject matter of the contract is the sale of digital content (data created and provided in digital form).

(2) By placing the respective digital content on our website, we already submit a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the product description.

(3) The contract is concluded via the online shopping cart system as follows:

The digital content you intend to purchase is placed in the “shopping cart”. You can access the “shopping cart” at any time via the corresponding button in the navigation bar and make changes there. After clicking the “Checkout” or “Continue to order” button (or a similar designation) and entering your personal data and payment details, the order data will finally be displayed to you as an order overview.

If you select an instant payment system (e.g. PayPal, Amazon Pay, or instant bank transfer via Klarna) as your payment method, you will either be directed to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.

If you are redirected to the respective instant payment system, you make the appropriate selection or enter your data there. Finally, the order data will be displayed to you as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.

Before submitting the order, you have the opportunity to review the information in the order overview again, to change it (also using the “back” function of your internet browser), or to cancel the order.

By submitting the order via the corresponding button (“place binding order”, “buy” / “buy now”, “place order for payment”, “pay” / “pay now” or a similar designation), you legally declare your acceptance of the offer, whereby the contract is concluded.

(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out partly automatically by email. You must therefore ensure that the email address you have provided to us is correct, that receipt of emails is technically ensured, and in particular that receipt is not prevented by SPAM filters.

§ 3 Usage licence for digital content

(1) The digital content offered is protected by copyright. For each digital content purchased from us, you receive a usage licence from the respective licensor. The nature and scope of the usage licence are determined by the licence provisions stated in the respective offer.

(2) Unless otherwise stated in the respective offer, you receive a simple usage licence. This includes a non-exclusive, unlimited right of use, in particular the permission to save one copy of the digital content for your personal use on your computer or other electronic device and/or to print it.

Piano teachers are also permitted to use the piano sheet music purchased from us as part of their piano lessons.

You are not entitled to rent out the digital content covered by the contract or parts thereof, to sublicense it against payment or free of charge, to reproduce it publicly or otherwise make it accessible, or otherwise make it available to third parties.

§ 4 Special agreements regarding the payment methods offered

(1) Payment via “PayPal”

If you select a payment method offered via “PayPal”, payment processing is carried out by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal, L-2449 Luxembourg; “PayPal”). The individual payment methods offered via “PayPal” are displayed to you under a correspondingly designated button on our website and during the online ordering process. “PayPal” may use additional payment services for payment processing; if special payment terms apply to these, you will be informed of them separately. Further information about “PayPal” can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

(2) Payment via “Shopify Payments”

If you select a payment method offered via “Shopify Payments”, payment processing is carried out by the provider Shopify International Limited (2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland; “Shopify”). The individual payment methods offered via “Shopify Payments” are displayed to you under a correspondingly designated button on our website and during the online ordering process. “Shopify” may use various payment services such as Stripe Payments Europe, Limited or Adyen N.V. for payment processing; you will be informed separately of the special payment terms applicable to these services. Further information about Shopify Payments can be found at https://www.shopify.com/de/legal/terms-shopify-payments.

§ 5 Right of retention

You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

§ 6 Warranty

(1) The statutory liability for defects applies.

(2) If a characteristic of the digital content deviates from the objective requirements, the deviation shall only be deemed agreed if we informed you of it before you made your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(3) If you are an entrepreneur, the following applies by way of derogation from the above warranty provisions:

a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the characteristics of the digital content, but not other advertising, public statements, or statements made by the manufacturer.

b) In the event of defects, we shall, at our discretion, provide a remedy by repair or replacement. If the remedy fails, you may, at your discretion, demand a reduction in the purchase price or withdraw from the contract. The remedy shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the digital content or the defect or other circumstances indicate otherwise.

c) The warranty period is one year from delivery of the digital content. The shortened period does not apply:

- to culpably caused damages attributable to us resulting from injury to life, limb, or health, and to other damages caused intentionally or through gross negligence;

- insofar as we fraudulently concealed the defect or assumed a guarantee for the quality of the digital content;

- to goods that, in accordance with their customary manner of use, have been used for a building and have caused its defectiveness;

- to statutory rights of recourse that you have against us in connection with rights relating to defects.

§ 7 Choice of law

(1) German law shall apply. For consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not thereby withdrawn (principle of favourability).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly excluded.

II. Customer information

1. Identity of the seller

Jonas Hain
Heilbronner Straße 12
10711 Berlin
Germany

Telephone: +4917634623196
Email: shop@jonashain.com

We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the conclusion of the contract

The technical steps leading to the conclusion of the contract, the conclusion of the contract itself, and the options for correcting input errors are carried out in accordance with the provisions under “Conclusion of the contract” in our General Terms and Conditions (Part I).

3. Contract language, storage of the contract text

3.1. The contract language is German.

3.2. The complete contract text is not stored by us. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After receipt of the order by us, the order data, the legally required information for distance contracts, and the General Terms and Conditions will be sent to you again by email.

4. Essential characteristics of the digital content

The essential characteristics of the digital content can be found in the respective offer.

5. Prices and payment methods

5.1. The prices stated in the respective offers are total prices. They include all price components, including all applicable taxes.

5.2. No shipping costs are incurred.

5.3. Any costs incurred for the transfer of money (transfer or exchange-rate fees charged by credit institutions) shall be borne by you if the payment was initiated outside the European Union.

5.4. You have the following payment options, unless otherwise stated during the online ordering process or in the respective offer:

Via PayPal:

- Payment via PayPal

Via Shopify Payments:

- Payment by credit/debit card

- Payment via Shop Pay

- Payment via Apple Pay

- Payment via Google Pay

- Payment via Klarna

- Maestro, UnionPay, Bancontact, BLIK, EPS, iDEAL / Wero, MobilePay, TWINT

5.5. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due for payment immediately.

6. Provision

6.1. The conditions for provision and the provision date can be found in the respective offer.

6.2. Unless otherwise stated in the respective offer, the following applies:

The digital content is provided worldwide. The purchased digital content is made available to you via a download link sent by email. The email containing the download link will be sent to you without undue delay after conclusion of the contract (in the case of agreed advance payment, only after the time at which you issue your payment instruction).

7. Statutory liability for defects

Liability for defects is governed by the provisions under “Warranty” in our General Terms and Conditions (Part I).

These General Terms and Conditions and Customer Information were prepared by lawyers of Händlerbund who specialise in IT law and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in the event of warning letters. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.