Imprint

Management:
Francisco Javier Redaño Lara

Head office:
D - 88690 Uhldingen-Mühlhofen - Tulpenweg 8
Tel: (+34) 828 904 074     

Mail: info@bobani-music.com
Web: www.bobani-music.com
Tax number: 87292/42304
Tax ID No: DE 332 810 758
Jurisdiction: Uhldingen-Mühlhofen (Überlingen)

General Terms and Conditions

§ 1 Scope

(1) All deliveries, services and offers of Francisco Javier Redaño Lara (hereinafter referred to as "Seller"), which are transacted through the online store bobani-shop.com, are made exclusively on the basis of these terms and conditions for consumers.

(2) These General Terms and Conditions are an integral part of all contracts concluded by the Seller with its Buyers concerning the goods and other services offered by the Seller. The validity of deviating and supplementary terms and conditions of the Buyer is excluded, even if the Seller does not expressly object to them. Even if the Seller refers to a letter containing or referring to terms and conditions of the Buyer or a third party, this shall not constitute an agreement to the validity of those terms and conditions.

§ 2 Form

(1) Individual agreements made with the Buyer in individual cases (including ancillary agreements, supplements and amendments) shall in any case take precedence over these GTC. For the content of such agreements, subject to proof to the contrary, a written contract or written confirmation from the seller shall be authoritative.

(2) Insofar as these GTC require the written form for legally relevant declarations, this shall also include the text form (e.g. fax, e-mail).

(3) References to the applicability of statutory provisions shall only have clarifying significance. Even without such clarification, the statutory provisions shall therefore apply, unless they are directly amended or expressly excluded in these GTC.

§ 3 Offer and conclusion of the contract for the purchase of goods

(1) Individually compiled offers as well as offers and price quotations contained in catalogs, advertisements and other advertising material as well as on the Seller's website are subject to change and non-binding. Products may differ in color and shape from the images shown in catalogs, advertisements and other promotional material and on the website of the seller, because they are handmade products. Such deviations do not constitute a defect, provided that they do not significantly affect the use of the product.

(2) The Buyer makes a binding offer with his order. The Buyer is bound to his order for four weeks after sending it. The Seller is entitled to accept the offer within this period by means of a written order confirmation. The date on which the order confirmation is received by the Buyer from the Seller shall be decisive for compliance with the deadline.

(3) The Seller reserves a property right and copyright to offers individually compiled for the Buyer with the associated documents. Transfer, publication and reproduction of technical data or realization of products from the seller by third parties (replication), are not permitted without his express written permission. They may not be made accessible to third parties and must be returned to the seller immediately upon request.

§ 4 Offer and conclusion of contract for the purchase of digital content

(1) The Seller also offers digital content, in particular music videos, for download via its online store. The button "Order with costs" with the price displayed in each case constitutes a binding offer by the seller.

(2) By clicking the button "Order with costs" with the price displayed in each case, the buyer accepts the offer of the seller.

(3) After the automated payment process has been initiated and successfully completed by clicking the button "Order with costs", the Buyer will be sent a corresponding link to download the selected music video online.

(4) The buyer is entitled to the right of withdrawal described in § 10 subject to the exception described in paragraph 6.

§ 5 Prices and payment

(1) The prices are inclusive of packaging, the delivery, shipping costs and the statutory VAT are not included.

(2) Payments can only be made by bank transfer to a bank account specified by the seller.

(3) The Buyer may only set off his own claims against the Seller's claims if the counterclaims are based on the same contractual relationship or are undisputed or have been legally established. The Buyer may retain services owed by him only because of justified counterclaims arising from the same contractual relationship.

(4) The purchase price including delivery and shipping costs is due immediately and payable in advance.

§ 6 Delivery and delivery times

(1) Unless a fixed period or date has been agreed in writing, our deliveries and services shall be made within a period of four weeks. Delivery periods for overseas deliveries shall be eight weeks. Deadlines begin with the payment of the purchase price including delivery and shipping costs. If the purchaser has not yet performed essential acts of cooperation for the deliveries and services at this point in time, the periods shall only begin when these acts have been performed.

(2) Delivery periods for individually manufactured goods shall be three months.

(3) Should the Seller fail to meet an agreed delivery date, the Buyer shall set the Seller a reasonable grace period, which shall in no case be less than two weeks.

§ 7 Shipping

(1) The goods shall be shipped by the to the delivery address specified by the Buyer if they are goods.

(2) The buyer is obliged to provide the correct delivery address.

(3) The Seller shall only be entitled to make partial deliveries if:
a. the partial delivery is usable for the Buyer within the scope of the contractual purpose,
b. the delivery of the remaining ordered goods is ensured and
c. the Buyer does not incur any significant additional expenses or costs as a result, unless the Seller agrees to bear such costs.

(4) The shipping costs shall be borne by the Buyer.

§ 8 Cooperation obligations of the buyer and acceptance

The Buyer shall be obliged to perform all actions required for the execution of the deliveries and other services (acts of cooperation) in due time.

§ 9 Right to use digital content

(1) The buyer acquires the simple, non-transferable right to use the music videos downloaded by him for a fee for exclusive personal use and for non-public playback.

(2) This right of use includes the right to store the purchased music videos on various end devices, copy them to data carriers and play them exclusively non-public.

(3) The purchaser is not permitted to make the music videos available to third parties via the Internet (e.g. file sharing) or on other media or to forward, imitate, resell or rent them or use them for other commercial purposes. The right to private copying in accordance with § 53 UrhG remains unaffected.

(4) All music titles made available under bobani-shop.de are subject to property rights, in particular property rights serving the protection of intellectual property.

§ 10 Right of withdrawal of the buyer

(1) The buyer has the right to revoke this contract within fourteen days without giving any reason, unless it is a contract for a custom-made product according to the customer's wishes, if the seller has already started manufacturing the goods, or it is a contract for the delivery of sound or video recordings in a sealed package, if the seal has been removed after delivery.

(2) The revocation period is fourteen days from the day on which the buyer or a third party named by the buyer, who is not the carrier, has taken possession of the goods. In the case of a contract for the supply of digital content that is not supplied on a physical data carrier, the withdrawal period shall be fourteen days from the day on which the contract is concluded.

(3) To exercise his right of withdrawal, the buyer must inform the seller (Francisco Javier Redaño Lara, Tulpenweg 8, 88690 Uhldingen-Mühlhofen, e-mail: bobani.es@hotmail.com, Tel: +49-1772475558) by means of a clear statement (eg a letter sent by mail or e-mail) about his decision to revoke this contract. For this purpose, the buyer can use the attached model withdrawal form, which is, however, not mandatory.

(4) The Buyer may also electronically fill out and submit the model withdrawal form or another clear statement on the website of the Seller bobani-shop.com. If the Buyer makes use of this option, the Seller shall immediately send the Buyer (e.g. by e-mail) a confirmation of receipt of such revocation.

(5) To comply with the revocation period, it is sufficient that the Buyer sends the notice of exercise of the right of revocation before the expiry of the revocation period.

(6) The right of withdrawal shall expire in the case of a contract for the delivery of digital content not on a physical data carrier if the Buyer downloads the digital content before the expiry of the withdrawal period. Upon commencement of the download of the digital content initiated by the purchaser, the purchaser expressly agrees that the seller shall commence execution of the contract and that the purchaser shall thereby lose its right of revocation.

§ 11 Consequences of revocation

(1) If the Buyer revokes this contract, the Seller shall repay all payments received from the Buyer, including delivery costs (with the exception of additional costs resulting from the fact that the Buyer has chosen a type of delivery other than the most favorable standard delivery offered by the Seller), without undue delay and no later than within fourteen days from the day on which the Seller received the notification of revocation of this contract. For this repayment, the Seller shall use the same means of payment that the Buyer used in the original transaction, unless expressly agreed otherwise with the Buyer; in no case shall the Buyer be charged any fees due to this repayment. The Seller may refuse repayment until it has received the goods back or the Buyer has provided proof that it has returned the goods.

(2) The Buyer shall return the goods without undue delay and in any case no later than within fourteen days from the day on which he notified the Seller of the revocation of this contract to

Francisco Javier Redaño Lara
Tulpenweg 8
88690 Uhldingen-Mühlhofen

to send back or to hand over. The deadline is met if the buyer has sent the goods before the deadline of fourteen days.

(3) The Buyer shall bear the costs of the return shipment. This does not apply if the goods are such that they cannot be returned by mail.

§ 12 Withdrawal of the seller and compensation

(1) If the Seller exercises a right of withdrawal to which it is entitled by law due to a culpable breach of duty by the Buyer, the Seller may claim damages in the amount of 25% of the agreed remuneration. The compensation shall be set higher or lower if the Seller proves a higher damage or the Buyer proves a lower damage. This includes the Buyer's proof that no damage was incurred at all. The claim to interest on arrears remains unaffected by this.

(2) In addition to the statutory rights of withdrawal, the Seller may also withdraw from the contract if the Buyer culpably violates its obligations to cooperate and the Seller has unsuccessfully set the Buyer a reasonable grace period to perform the necessary acts of cooperation. § 7 of these terms and conditions shall then apply accordingly.

§ 13 Warranty and liability

(1) In the event of defects in the delivered goods, the Buyer shall be entitled to the statutory rights.

(2) Claims for damages by the Buyer due to obvious material defects of the delivered goods are excluded if he does not notify the Seller of the defect within a period of two weeks after delivery of the goods. However, other rights and claims of the Buyer arising from the statutory warranty obligations, in particular the right to subsequent performance and the right to reduction and withdrawal, shall remain in force even in the absence of notification of defects.

(3) The Buyer's liability for damages, irrespective of the legal grounds (in particular in the event of default, defects or other breaches of duty), shall be limited to the foreseeable damage typical for the contract.

(4) The above limitations of liability shall not apply to the Seller's liability for intentional conduct or gross negligence, for guaranteed characteristics, for injury to life, body or health or for the Seller's liability under the Product Liability Act.

§ 14 Data protection

The buyer acknowledges that the seller stores the data designated in the notes on data protection for the purposes stated therein. The notes on data protection are part of these terms and conditions.

§ 15 Governing law and binding language version

(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

(2) Only the German version of these GTC is legally binding.

Uhldingen-Mühlhofen (Germany), as of January 17, 2021

Francisco Javier Redaño Lara 
Tulpenweg 8, 88690 Uhldingen-Mühlhofen 
Tel.:  (+34) 828 904 074 
Mail: bobani.es@hotmail.com 
Web: www.bobani-shop.com