Terms of service

§1 Scope

1. These Terms and Conditions apply to all contracts concluded between:
   
   
   (hereinafter the “Provider”) and the customer through the online shop at www.lucasestak.com.
2. A “consumer” is any in natural person who enters into a legal transaction for purposes that are predominantly outside their commercial or self-employed professional activity.
3. A “business customer” is any natural or legal person or partnership with legal capacity who acts in the course of their commercial or self-employed professional activity when entering into a contract.
4. Any terms and conditions of the customer that deviate from these Terms and Conditions shall not apply unless expressly accepted by the Provider in text form.

§2 Subject Matter of the Contract

1. The subject matter of the contract is the sale of physical goods and digital content through the Provider's online shop.
2. Physical goods include, in particular, CDs, vinyl records, printed sheet music and merchandise.
3. Digital content includes, in particular, digital sheet music, downloads and other digitally provided content.
4. The essential characteristics of the respective product or digital content are set out in the relevant product description in the online shop.

§3 Conclusion of the Contract

1. The presentation of products in the online shop does not constitute a legally binding offer to conclude a contract.
2. The customer may add products to the shopping cart and make changes to the order at any time before submitting the order.
3. By submitting an order using the relevant order button, the customer makes a legally binding offer to purchase the products contained in the shopping cart.
4. The Provider will confirm receipt of the order by email without undue delay. This confirmation does not constitute acceptance of the customer's offer unless it expressly states that the offer has been accepted.
5. The contract is concluded when the Provider expressly accepts the customer's offer, dispatches the goods or makes the digital content available to the customer, whichever occurs first.
6. The Provider may refuse orders, in particular if a product is unavailable. Any payments already made will be refunded without undue delay.

§4 Prices and Shipping Costs

1. The prices displayed in the online shop are final prices and include applicable statutory VAT where VAT is chargeable.
2. Additional shipping costs may apply. The applicable shipping costs will be displayed before the customer submits the order.
3. For deliveries outside the European Union, additional import duties, local taxes, customs charges or other fees may apply. These costs shall be borne by the customer unless expressly stated otherwise.

§5 Payment

1. The payment methods available for a particular order are displayed during the checkout process.
2. The purchase price is due upon conclusion of the contract unless otherwise stated for the selected payment method.
3. If payment is unsuccessful, the Provider may withhold fulfillment of the order until payment has been received or withdraw from the contract to the extent permitted by law.

§6 Delivery and Shipping

1. Available shipping methods, shipping costs and estimated delivery times are displayed during checkout.
2. Unless expressly agreed otherwise, stated delivery times are estimates. International deliveries may take longer, in particular due to customs clearance or delays by the relevant carrier.
3. The Provider may make partial deliveries where this is reasonable for the customer. No additional shipping costs will be charged as a result.
4. The customer is responsible for providing a complete and correct delivery address.
5. If a shipment cannot be delivered because of an incorrect, incomplete or undeliverable address for which the customer is responsible, and reshipment is therefore required, the customer shall bear the actual additional shipping costs to the extent that the Provider is not responsible for the failed delivery.
6. If the Provider or a shipping or fulfilment service provider engaged by the Provider is responsible for the need for reshipment, the Provider shall bear the associated costs.
7. If a shipment is returned to the Provider because the customer refuses acceptance, fails to collect the shipment where collection is required, or delivery fails for a reason attributable to the customer, the Provider's statutory rights remain unaffected. To the extent permitted by law, the Provider may claim the actual additional costs incurred as a result.
8. In the case of consumers, the risk of accidental loss or accidental damage generally passes to the consumer only upon actual delivery to the consumer or to a person authorised by the consumer to receive the goods.
9. If tracking indicates that a shipment has been delivered but the customer states that they have not received it, the customer should first contact the relevant carrier to determine where the shipment was delivered and should inform the Provider without undue delay. The customer's statutory rights remain unaffected.

§7 Digital Content and Downloads

1. Digital content will be made available to the customer after conclusion of the contract through the delivery method specified during the ordering process.
2. The customer is responsible for ensuring that they have the technical requirements necessary to use the respective digital content.
3. Unless expressly stated otherwise, digital content may only be used for the customer's own private purposes. Redistribution, public communication, commercial exploitation, reproduction or resale is prohibited unless permitted by law or expressly authorised by the Provider.
4. For paid digital content not supplied on a physical medium, the statutory right of withdrawal may expire under the conditions provided by law once the Provider has begun performance before expiry of the withdrawal period.
5. This requires, in particular, the customer's express consent to the commencement of performance before expiry of the withdrawal period and confirmation that the customer is aware that this causes the right of withdrawal to be lost.
6. The relevant consent and confirmation will be obtained before the digital content is made available.

§8 Right of Withdrawal

1. Consumers generally have a statutory right of withdrawal. The details are set out in the Provider's separate Withdrawal Policy.
2. The consumer bears the direct cost of returning goods in the event of withdrawal, provided that the consumer has been properly informed of this obligation and the Provider has not expressly agreed to bear these costs.
3. The right of withdrawal and statutory warranty rights are separate and independent rights.
4. For digital content not supplied on a physical medium, the right of withdrawal may expire under the statutory conditions set out in Section 7.

§9 Returns and Refunds

1. In the event of a valid withdrawal, the consumer bears the direct cost of returning the goods to the extent permitted by law and provided that the consumer has been properly informed of this obligation.
2. The goods must be returned within the statutory period. The deadline is met if the goods are dispatched before the end of that period.
3. The Provider may withhold reimbursement until the returned goods have been received or the consumer has provided evidence that the goods have been returned, to the extent permitted by law.
4. In the event of withdrawal, the Provider will generally reimburse all payments received from the customer, including the cost of the least expensive standard delivery offered by the Provider. Additional costs resulting from the customer's choice of a more expensive delivery method will not be reimbursed to the extent permitted by law.

§10 Defects and Statutory Warranty Rights

1. Statutory warranty rights apply.
2. Consumers are asked to inspect the goods for obvious damage or defects upon receipt and to inform the Provider as soon as reasonably possible. Failure to do so does not affect the consumer's statutory warranty rights.
3. In the event of a suspected defect or transport damage, the Provider may ask the customer to provide photographs or other suitable evidence in order to assess the issue more efficiently and determine an appropriate solution. Such a request does not restrict the customer's statutory rights.
4. If a statutory defect exists, the customer's rights are governed by the applicable statutory provisions, including rights to repair, replacement, price reduction, withdrawal and damages.
5. The Provider shall bear the transport and other necessary costs associated with statutory remedial action to the extent required by law.

§11 Retention of Title

1. The goods remain the property of the Provider until the purchase price has been paid in full.

§12 Liability

1. The Provider shall be liable without limitation for damage resulting from injury to life, body or health and for damage caused by intent or gross negligence by the Provider or its legal representatives or agents.
2. In the event of a slightly negligent breach of material contractual obligations, the Provider shall only be liable for foreseeable and typical damage.
3. Otherwise, the Provider's liability for slightly negligent breaches of duty is excluded to the extent permitted by law.
4. The above limitations of liability do not apply where mandatory statutory liability provisions apply.

§13 Rights of Use for Digital Content

1. Unless otherwise stated in the product description, the purchase of digital content grants the customer a simple, non-transferable right to use the purchased content for their own private purposes.
2. Reproduction, public communication, redistribution, rental, publication or commercial use is prohibited unless permitted by law or expressly authorised by the Provider.
3. The purchase of a digital sheet music product does not transfer any copyright or other exclusive rights in the underlying work.

§14 Applicable Law and Jurisdiction

1. German law shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
2. In contracts with consumers, this choice of law shall apply only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.
3. If the customer is a merchant, a legal entity under public law or a special fund under public law, the courts at the Provider's registered place of business shall have jurisdiction over disputes arising from the contractual relationship.
4. Mandatory statutory jurisdiction for consumers remains unaffected.

§15 Contract Language and Storage of Contract Information

1. The languages available for concluding contracts are stated in the online shop.
2. The order details and legally required contractual information will be provided to the customer after conclusion of the contract on a durable medium, in particular by email.
3. The customer is responsible for providing a correct email address and ensuring that emails from the Provider can be received.