General Terms and Conditions and Customer Information
Disclaimer: The translation into English is intended solely as a convenience to the non-German- reading public and is not legally binding. We have attempted to provide an accurate translation of the original material in German, but due to the nuances in translation to a foreign language, slight differences may exist.
Scope and supplier
Supplier is the AMM Arts Music Media UG (with limited liability), Schützenstraße 3 – 5, 66123 Saarbrücken, Germany.
Our offers and services are provided exclusively on the basis of the terms and conditions valid at the time of the order and which can be viewed on our website at any time and which are also sent to you upon conclusion of the contract. The terms and conditions are recognized as the basis of the contractual relationship. Deviating conditions shall only become part of the contract if we have agreed to them explicitly and in written form.
The essential characteristics of the products can be found in the respective product description. The pictures of the products are sample pictures. The products, especially the cymbal-pendants (e.g. the surface of the metal) may vary in color and texture. Further products shown on the product photos, such as decorative items, are not part of the offer unless otherwise stated in the product description. Please note our care and material specific instructions as well as any notes on possible allergies or sensitivities. In particular with products made of metal, existing allergies or sensitivities can have adverse effects on your health.
Conclusion of contract, storage of contract details
The representation of our goods in the online shop does not constitute a binding application for the conclusion of a sales contract. It is rather a non-binding request to order goods in the online shop. You can select your favorite items from our range and collect them in a so called ‚cart’ by clicking on the button ‘add to cart’. By clicking the button ‘pay to order’, you are making a binding offer to purchase. Before executing the order, you can view and change the information you have provided at any time. After receipt of the purchase offer, you will receive an automatically generated e-mail confirming that we have received your order (confirmation of receipt). This confirmation does not yet imply an acceptance of your purchase offer. A sales contract is only concluded if we explicitly declare the acceptance of your purchase offer or if we send the goods - without explicitly declaring the acceptance of your purchase offer prior to that - to you. The confirmation of receipt contains a short summary of your order. In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (including the order, terms and conditions and the order confirmation) will be sent by us via a durable data carrier (e- mail or paper-copy/hard-copy). The text of the contract will be stored in compliance with the data protection law. After executing your order, you can find the order information in your password- protected customer account and you can print it, if you wish to do so. The range of goods in our online shop is aimed exclusively at buyers who have reached the age of 18.
The contract language is German. The countries to which we deliver can be found in our overview of the shipping and payment conditions.
Prices, terms of payment
The prices mentioned on the respective product pages include any turnover tax that might apply and other price components, plus any applicable forwarding charges, which can be found on our terms of payment and shipping information page. All packages are shipped with DHL. Items shipped outside of Germany may be subject to import duties, taxes and/or charges which are not included in the total cost of your order and on which we have no influence on, nor will they be covered or reimbursed by GemSessions AMM Arts Music Media UG.
In general, you can choose PayPal or payment in advance as your payment method. For further information please take a look at our overview of the shipping- and delivery terms. If you choose advanced payment, we provide our bank details. The invoice amount is to be transferred to our account within three days after receipt of the order confirmation.
Delivery: reservation of ownership
Unless otherwise agreed, the goods will be delivered from our warehouse to the address provided by you. The availability of the individual goods is indicated in the item descriptions. Within Germany, the delivery period for goods in stock is 5 business days from the conclusion of the contract and 14 days for deliveries outside of Germany, unless otherwise stated in the product description.
The delivered products remain property of GemSession AMM Arts Music Media UG until complete payment. Please prevent damage or contamination. In case of returns (withdrawal or revocation), send the items back in original packaging and with all original components, if possible. If necessary, you may use an alternative protective packaging. Make sure that the packaging is suitable to ensure sufficient protection against transport damages in order to avoid possible claims for damages caused by faulty or insufficient packaging. Please note that the modalities mentioned above are not prerequisite for the effective execution of the right of withdrawal.
Display of our jewelry
The pictures of the products are sample pictures. The products, especially the cymbal-pendants (e.g. the surface of the metal) may vary in color and texture of the material - this is due to the respective cut of the drum cymbals and their individual surface.
Your warranty claims are based on the statutory provisions of the Sales Law ( see §§ 433 et. seq. of the German Civil Code BGB Bürgerliches Gesetzbuch). The period of limitation for warranty claims of used goods is one year in deviation from the statutory provisions.
Our liability is limited to willful intent and gross negligence. This limitation does not apply to claims based on damage to life, physical injury or damage to health, the violation of essential contractual obligations whose fulfillment is essential for proper execution of the contract and on whose fulfillment the customer may ordinarily rely (so-called cardinal obligations) as well as for claims based on the Product Liability Act.
Advertising via e-mail
Persuant to § 7 (3) of the Law against Unfair Competition (UWG Gesetz gegen den unlauteren Wettbewerb) we shall send direct advertising for our own similar goods or services by e-mail.
All data required to process the order are being stored. All personal data is treated confidentially and will be used strictly for communication or order processing purposes. We disclose your data to third parties only for imperative reasons (e. g. disclosure to investigative authorities), or to fulfill any contracts we enter into with you (e.g. our service providers or debt collection).
Notes on the Online Dispute Regulation of the European Union Find out more about the EU Online Dispute Regulation: https://ec.europa.eu/consumers/odr/
Information considering the Act of Alternative Dispute Regulation for Consumers
There is no obligation nor willingness to participate in a dispute resolution before consumer dispute regulation body.
The business relations between us and you are subject to the law of the Federal Republic of Germany, under exclusion of the relevant provisions on Conflict of Law and the UN Sales Convention. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
The place of jurisdiction is our registered office, if you are a merchant, a legal entity under public law or a special fund under public law.