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    Imprint, legal notes and general business terms and conditions

    Imprint

    WOM
    a division of jpc-schallplatten Versandhandelsgesellschaft mbH
    Lübecker Straße 9
    D-49124 Georgsmarienhütte

    Telephone 0180 5251713* (Mo.–Sa., 8 a.m.–8 p.m.)
    (*0,14 EUR/minute from the german landline, german mobile calls maximal 0,42 EUR/minute)
    Fax 05401 851-300

    E-mail address service@wom.de

    Managing director: Gerhard Georg Ortmann
    District court Osnabrück HRB 110327
    VAT ID number DE117578924

    Legal representative: Gerhard Georg Ortmann

    Dispute resolution for consumers

    We are always interested in an agreement with the customer. Please use our service contact under service@wom.de or other listed contact details. The European Commission is planning a platform for online dispute resolution with further information, which will be reachable soon on the internet. Please note that we don’t take part in formal dispute resolution at an arbitration board for consumers.

    Shipping of FSK/USK 18 items

    Youth protection is not only a legal issue for us. Together with our customers, we want to provide a controlled delivery of products, which may be sold only to persons over 18 years of age. The option described below allows us to control the fact that the purchaser is at least 18 years old.

    DHL shipping with identity and age check

    jpc offers to private customers (no business addresses) to send sensitive items using a special DHL service called "identity and age check" within Germany. Please regard the following notes:

    Personal delivery: The shipped items will only be handed over to the given recipient personally. The recipient's identity and age will be checked and the personal details will be documented. A valid ID (identity card) is required. A driving license can not be accepted. Fetching the package at your local post office is possible, in case you are not at home (notice will be provided).

    Exact spelling of the name: Please make sure to spell your name exactly as it is spelled in your ID. We need all first names and the full last name and your date of birth. Even minor differences will prevent the handing over to the reciepient.

    Shipping within Germany only: The delivery of items that are prohibited for minors (below 18) is only possible within Germany.

    Order process: On adding an item prohibited for minors to the cart, we automatically choose the shipping service "identity and age check". Additionally we ask you to provide your date of birth. Please regard the exact spelling of your name. Please do not provide additional information with your address for that could lead to problems with the delivery. The following examples may illustrate this:

    Name on order Name on ID Will be handed over
    Max Müller Max Müller Yes
    Max Mueller Max Magnus Müller No
    Mark Müller Max Müller No
    Max-Michael Müller Max Müller No
    Max Müller c/o Lisa Müller Max Müller No
    Max und Lisa Müller Max Müller No
    Dipl. Ing. Max Müller Max Müller No
    M. Müller Max Müller No
    Lotto/Toto am Rathausplatz z. H. Herrn Max Müller Max Müller No

    Different shipping address: Delivery to an address other than your home address is not possible.

    Delivery not successful: In the case that you are not at home when the delivery takes place you will receive a note and you can fetch the package at your local post office.

    If the delivery is not possible due to a problem with the identity or age check, the item will be returned to us. In this case the invoice total including shipping will be refunded.

    Please regard the additional cost of 5,– Euros for this service. The cost is shown in the cart and has to be paid together with the invoice total. No further shipping costs apply.

    General Business Terms and Conditions for Germany

    of

    WOM
    A division of jpc-schallplatten Versandhandelsgesellschaft mbH, Lübecker Str. 9, D-49124 Georgsmarienhütte
    e-mail: service@wom.de - general manager: Gerhard Georg Ortmann
    VAT identification number: DE117578924 – Osnabrück District Court, HRB 110327

    Telephone 0180 5251713* (Mo.–Sa., 8 a.m.–8 p.m.)
    (*0,14 EUR/minute from the german landline, german mobile calls maximal 0,42 EUR/minute)
    Fax 05401 851-300

    You can also use the contact information above for questions, complaints and suggestions.

    The following terms and conditions apply to shipments within the Federal Republic of Germany. Special international terms and conditions apply to shipments to other countries and to customers with a usual place of residence in other countries of the European Union (EU) and other foreign countries.

    I. Conclusion of the Agreement, Confirmation of the Receipt of the Order, Storage

    1. The other party to the agreement is jpc-schallplatten Versandhandelsgesellschaft mbH. Agreements can be concluded in German and English at present in our Internet shop. Our product offers are non-binding if they do not become the content of a contractual agreement.

    2. An opportunity exists to review and correct the data input by you before your purchase order is submitted. You submit a binding declaration of agreement when your purchase order is sent. The receipt of the purchase order will be immediately confirmed after your purchase order is received with no technical problems.

    A binding agreement will come about when we accept your purchase order. Our acceptance can be provided in the following ways:
    - We accept your purchase order via notification of delivery, notification of the date that the account is debited in the case of a direct debit or via a separate declaration of acceptance within 7 days or
    - You take advantage of our offer and complete your purchase order via authorization of the payment through the on-line payment service "Sofortüberweisung" (immediate bank transfer) or PayPal or via a credit card payment (the completion of payment corresponds to the conclusion of the agreement) or
    - You receive the goods that were ordered without the agreement having been concluded in one of the ways mentioned above.
    - When purchasing books, software etc. for downloading, a binding agreement will come about when you send the purchase order.

    You will be bound by your order for at most 7 days - subject to a statutory right of cancellation.

    3. We will keep these general business terms and conditions and the other contractual provisions with the data of your purchase order available for retrieval in the ordering process. You can simply archive this information there by either downloading the general business terms and conditions and storing the data collected in the Internet shop in the ordering process with the aid of the functions of your browser or waiting for the automatic confirmation of the receipt of the purchase order, which we will additionally send to you at the address specified by you after your purchase order is completed. This e-mail indicating confirmation of the receipt of the purchase order will once again include the provisions of the agreement with the data of your purchase order, and it can easily be printed out or saved with your e-mail program.

    4. We will store the text of the agreement, but it will not be capable of being directly retrieved by you for security reasons. We offer password-protected, direct access ("My Account") for every customer. With an appropriate registration, you can manage your data and see ordering information here.

    Furthermore, you can also get in contact with us via a contact form there to change your address, for instance, or your payment type when there are open orders. For your security, this takes place, as well as everything else in the login area, via an encrypted connection (SSL). The currently effective version of these general business terms and conditions can also be found on our website.

    II. Prices, Shipping Costs

    The prices listed in the offer at the point in time of the purchase order will apply to purchase orders in our Internet shop. The prices shown are total prices, meaning they include the statutory German value-added tax that is applicable in each case and other price components.

    You can find details on the shipping costs that may be added in the information in the offer.

    III. Right of withdrawal for Consumers

    1. Right of withdrawal for the Sale of Goods

    You will be provided with cautionary information below on the prerequisites and consequences of the statutory right of withdrawal for consumers in the case of mail orders for the purchase of goods. A contractual grant of rights going beyond the law is not associated with the reproduction of the cautionary information. In particular, commercial resellers are not entitled to the statutory right of withdrawal.

    Instructions on withdrawal

    Right of withdrawal
    You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.

    To exercise the right of withdrawal, you must inform us (WOM, A division of jpc-schallplatten Versandhandelsgesellschaft mbH, Lübecker Str. 9, 49124 Georgsmarienhütte, Telefax 05401 851-300, E-Mail: service@wom.de,) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

    To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

    Effects of withdrawal
    If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

    You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

    You will have to bear the direct cost of returning the goods.

    You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

    2. Exceptions from the right of withdrawal in the Sale of Goods

    Statutory exceptions exist to the right of withdrawal (§ 312g BGB [German Civil Code]); we reserve the right to invoke the following regulations in relation to you:

    A right of withdrawal does not exist for agreements to deliver goods that are not prefabricated and that require an individual selection or determination by the consumer for their production or that are clearly custom-made for the personal requirements of the consumer.

    It can expire prematurely in the case of agreements to deliver goods if they were inseparably mixed with other goods after the delivery because of their nature and in the case of agreements to deliver audio or video recordings or computer software in sealed packaging if the seal was removed after the delivery.

    3. Statutory Right of withdrawal for Digital Content (Our eBooks)

    Digital content in the sense of the right of withdrawal for consumers specified below means data that is provided in a digital form, for instance computer programs, applications (apps), games, music, videos or text, regardless of whether they are accessed via a download or a download in real time (streaming). That involves our eBook offers for downloading, for instance.

    The cautionary information regarding cancellation applies to content of that type that is delivered on physical data storage media (CD, DVD etc.). The following cautionary information is not associated with a granting of rights for purchase orders of business entities.

    Instructions on withdrawal

    Right of withdrawal
    You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract.

    To exercise the right of withdrawal, you must inform us (WOM, A division of jpc-schallplatten Versandhandelsgesellschaft mbH, Lübecker Str. 9, 49124 Georgsmarienhütte, Telefax 05401 851-300, E-Mail: service@wom.de,) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

    Effects of withdrawal
    If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

    4. Expiration from the right of withdrawal in the Case of Digital Content (Our eBooks)
    The statutory right of withdrawal in the case of an agreement for the delivery of digital content that is not on a physical data storage medium will expire when we have started performance on the agreement after the consumer
    1. has explicitly agreed that the company has started performance of the agreement before the expiration of the withdrawal period and
    2. has confirmed knowing that he loses, via his agreement, his right of withdrawal when performance on the agreement begins.

    5. Model withdrawal form
    The "model withdrawal form" mentioned in III. Nos. 1 and 3 of the above-cited cautionary information regarding cancellation can be found below. Its use is not mandatory.

    Model withdrawal form

    (complete and return this form only if you wish to withdraw from the contract)

    - To WOM, jpc-schallplatten Versandhandelsgesellschaft mbH, Lübecker Str. 9, 49124 Georgsmarienhütte, Telefax 05401 851-300, E-Mail: service@wom.de:

    - I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

    - Ordered on (*)/received on (*),

    - Name of consumer(s),

    - Address of consumer(s),

    - Signature of consumer(s) (only if this form is notified on paper),

    - Date

    _____

    (*) Delete as appropriate.

    IV. Notes on the Return of the Packaging Materials

    We have entrusted Vfw Aktiengesellschaft to take back our packaging. You can turn it over at the Vfw receiving offices free of charge or give it to the courier service of Vfw AG at no cost. Information can be obtained toll free at the telephone number 0800 8394357.

    V. Payments, Delivery, Reservations Regarding Delivery

    You have the possibility of paying as follows:
    - Purchase on account (The invoice is issued with the delivery)
    - Payment via SEPA core direct debit (The payment is made via SEPA core direct debits taken from your bank account. You will be notified of the date that the account will be charged on our invoice. The period of advance notice about the date of the account debit (pre-notification period) will be shortened to 5 days.)
    - Payment by credit card (Visa, MasterCard, American Express, Diners or JCB) (Note: Your credit card will be charged immediately after transmission of the payment data and completion of the purchase order.)
    - Payment by PayPal (You pay the invoice amount via the on-line provider PayPal. You have to be registered there or, as the case may be, initially register, provide proof of identity with your access data and confirm the payment instruction to us. You will receive further instructions on how to get to the site of the payment provider during the ordering process. Your PayPal account will be charged when you send the purchase order.)
    - Sofortüberweisung.de
    (When payment is made via the payment provider Sofortüberweisung [immediate bank transfer], we immediately receive the remittance and can immediately send the delivery if the product is available. You need an account number, bank routing code, PIN and TAN. Sofortüberweisung.de enters a bank transfer in your on-line bank account in an automatic fashion and in real time via the secure payment form of Payment Network AG that is not accessible to dealers. The purchase amount is immediately and directly transferred to the bank account of the dealer in the process. Our service is free of charge for you as a customer; only the fees (transfer fee) of your local bank will be incurred.)
    A pre-filled form opens up at the end of the ordering process when the payment type Sofortüberweisung [immediate bank transfer] is chosen. It already contains our bank information. Furthermore, the amount to be transferred and the reason for the transfer are already displayed in the form. You have to now select the country where you have your on-line bank account and enter the bank routing code. Then enter the same data that is used to log into the on-line banking (account number and PIN). Confirm your order by entering the TAN. You will receive confirmation of the transaction right after that.
    Please note that Sofortüberweisung is not yet available for a few banks. You can obtain further information as to whether your bank supports this service here: https://www.payment-network.com/de/user/sofortueberweisung-bankensuche.html.

    A claim to payment via SEPA direct debit or a purchase on account does not exist. Please understand that we do risk assessments prior to the conclusion of an agreement when advance performance is involved. In case of doubt, we reserve the right to offer you the payment form of cash in advance.

    2. We will deliver the ordered goods without delay, but within 7 days after the receipt of the purchase order or the advance payment at the latest. Please refer to the offers for information on deviating delivery times. The delivery obligation will not apply if deliveries are not made to us correctly and in a timely manner and we are not responsible for the lack of availability. When the goods are not available, we will immediately notify you and any advance payment that may have been made will be refunded without delay.

    3. The delivery time will be extended in an appropriate fashion when there are strike and lockout actions interfering with the delivery or other circumstances for which we are not responsible, especially in cases of delivery delays because of force majeure. We will notify the purchaser without delay of the start and end of difficulties of that type.

    4. We reserve the right to only offer the conclusion of an agreement in household quantities for limited availability items and special offers.

    5. We use Deutsche Post and DHL for postal shipments. You will receive a message from us when the goods have left our company. If delivery is not possible, you will receive a message from the carrier that indicates other possibilities.

    VI. Warranty

    1. A statutory right with regard to liability for defects (warranty) exists for the customer when goods are defective.

    2. We attach a great deal of importance to customer satisfaction. You can turn to us at any time via one of the contact methods provided at the outset. We will strive to review your request as quickly as possible and will get in touch with you with regard to this after receipt of the documents or your request or complaint. Give us some time, though, because the manufacturer frequently has to be involved in warranty cases. When there are complaints, you will help us when you describe the problem as precisely as possible and turn over a copy of purchase order documents, if applicable, or at least provide the order number, customer number etc. If you do not receive a reaction from us within 14 days, please inquire about it. In rare cases, e-mails could be in spam filters at our company or get "stuck" with you, or a message will not reach you in another way or will not be sent by mistake.

    VII. Retention of Title

    The goods that are delivered will remain our property until complete payment has been made.

    VIII. Data protection

    You can find details on the collection and use of your personal data in our Privacy Policy, which also contain information on the credit check in which values for the probability of a payment default are calculated; your address data is also included in the process.

    IX. Jurisdiction, Partial Invalidity, Applicable Law

    1. Our place of business is agreed to be the jurisdiction for all legal disputes concerning these business terms and conditions and individual agreements concluded under their scope of applicability, including disputes about bills of exchange and checks, in business transactions with business persons and with legal entities under public law. We are also entitled in this case to bring a legal action at the domicile location of the customer. Any exclusive jurisdiction will remain unaffected by the provision indicated above.

    2. When individual provisions of the delivery agreement or of these general business terms and conditions are ineffective, the remaining provisions will continue to be effective.

    3. The law of the Federal Republic of Germany will apply to any and all legal transactions or other legal relations with us. The UN Sales Convention (CISG) and any other inter-governmental treaties will not apply, even after being adopted in German law. This choice of law includes the qualification that customers with a usual place of residence in one of the States of the EU or Switzerland will not be deprived of granted protection following from the mandatory regulations of the law of this State.

    X. Dispute resolution for consumers

    We are always interested in an agreement with the customer. Please use our service contact under service@wom.de or other listed contact details. The European Commission is planning a platform for online dispute resolution with further information, which will be reachable soon on the internet. Please note that we don’t take part in formal dispute resolution at an arbitration board for consumers.

    Your jpc-schallplatten Versandhandelsgesellschaft mbH

    16-0113wO-Dv12-en

    General Business Terms and Conditions

    for Customers with a Usual Place of Residence in the EU States and Other Foreign Countries

    of

    WOM
    A division of jpc-schallplatten Versandhandelsgesellschaft mbH, Lübecker Str. 9, D-49124 Georgsmarienhütte
    e-mail: service@wom.de - general manager: Gerhard Georg Ortmann
    VAT identification number: DE117578924 – Osnabrück District Court, HRB 110327

    Telephone +49 5401 851-222 (Mon.–Fri., 9 a.m.–4 p.m.)
    Fax +49 5401 851-300

    You can also use the contact information above for questions, complaints and suggestions.

    The following conditions apply to customers with a usual place of residence in the European Union (EU) and other foreign countries outside of the Federal Republic of Germany.

    Conclusion of the Agreement, Confirmation of the Receipt of Purchase Orders, Storage

    1. The other party to the agreement is jpc-schallplatten Versandhandelsgesellschaft mbH. Agreements can be concluded in German and English at present in our Internet shop. Our product offers are non-binding if they do not become the content of a contractual agreement.

    2. An opportunity exists to review and correct the data input by you before your purchase order is submitted. You submit a binding declaration of agreement when your purchase order is sent. The receipt of the purchase order will be immediately confirmed after your purchase order is received with no technical problems.

    A binding agreement will come about when we accept your purchase order. Our acceptance can be provided in the following ways:
    - We accept your purchase order via notification of delivery or via a separate declaration of acceptance within the delivery period or
    - You take advantage of our offer and complete your purchase order via payment through the on-line payment service "Sofortüberweisung" (immediate bank transfer) or PayPal or via a credit card payment (the completion of payment corresponds to the conclusion of the agreement) or
    - You receive the goods that were ordered without the agreement having been concluded in one of the ways mentioned above.
    - When purchasing books, software etc. for downloading, a binding agreement will come about when you send the purchase order.

    You will remain bound to your purchase order for at most 7 days.

    3. We will keep these general business terms and conditions and the other contractual provisions with the data of your purchase order available for retrieval in the ordering process. You can simply archive this information there by either downloading the general business terms and conditions and storing the data collected in the Internet shop in the ordering process with the aid of the functions of your browser or waiting for the automatic confirmation of the receipt of the purchase order, which we will additionally send to you at the address specified by you after your purchase order is completed. This e-mail indicating confirmation of the receipt of the purchase order will once again include the provisions of the agreement with the data of your purchase order, and it can easily be printed out or saved with your e-mail program.

    4. We will store the text of the agreement, but it will not be capable of being directly retrieved by you for security reasons. We offer password-protected, direct access ("My Account") for every customer. With an appropriate registration, you can manage your data and see ordering information here.

    Furthermore, you can also get in contact with us via a contact form there to change your address, for instance, or your payment type when there are open orders. For your security, this takes place, as well as everything else in the login area, via an encrypted connection (SSL). The currently effective version of these general business terms and conditions can also be found on our website.

    II. Prices, Shipping Costs, Return Costs

    1. The prices listed in the offer at the point in time of the purchase order will apply to purchase orders in our Internet shop. The prices shown are total prices, meaning they include the statutory German value-added tax that is applicable in each case and other price components.

    2. You can find details on the shipping costs that may be added in the information in the shop.

    3. Further costs can arise for importation into a third country (customs duties, possible customs fees and import sales taxes) in the case of deliveries outside of Germany. The customer has to pay these further costs.

    III. Right of withdrawal

    1. Applicability
    The following provisions regarding the right of withdrawal will solely apply to agreements with a consumer with a usual place of residence in one of the states of the European Union (EU). (In Germany, according to the statutory provisions of § 13 BGB [German Civil Code], consumers are natural persons for whom the purchase cannot predominantly be ascribed to a commercial or independent professional activity. The term can also include certain legal entities worthy of protection in foreign countries.) You will be provided with cautionary information below on the prerequisites and consequences of the statutory right of withdrawal for consumers in the case of mail orders for the purchase of goods. A contractual grant of rights going beyond the law is not associated with the reproduction of the cautionary information. In particular, commercial resellers are not entitled to the statutory right of cancellation.

    A right of withdrawal for customers with a usual place of residence outside of the status of the EU is not being contractually granted. As far as that is concerned, the law of the country of residence will apply for a statutory right of cancellation. If a cancellation of a customer with a usual place of residence outside of the states of the EU is nevertheless accepted by jpc in an isolated case out of good will, the customer will pay the direct costs of the return shipment if the goods that were delivered correspond to those that were ordered. Turn to the contact information provided in the cautionary information on withdrawal for clarification.

    Instructions on withdrawal

    Right of withdrawal

    You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.

    To exercise the right of withdrawal, you must inform us (WOM, A division of jpc-schallplatten Versandhandelsgesellschaft mbH, Lübecker Str. 9, 49124 Georgsmarienhütte, Telefax 05401 851-300, E-Mail: service@wom.de,) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

    To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

    Effects of withdrawal

    If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

    You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

    You will have to bear the direct cost of returning the goods.

    You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

    2. Exceptions from the right of withdrawal in the Sale of Goods
    Statutory exceptions exist to the right of withdrawal (§ 312g BGB [German Civil Code]); we reserve the right to invoke the following regulations in relation to you:

    A right of withdrawal does not exist for agreements to deliver goods that are not prefabricated and that require an individual selection or determination by the consumer for their production or that are clearly custom-made for the personal requirements of the consumer.

    It can expire prematurely in the case of agreements to deliver goods if they were inseparably mixed with other goods after the delivery because of their nature and in the case of agreements to deliver audio or video recordings or computer software in sealed packaging if the seal was removed after the delivery.

    3. Statutory Right of withdrawal for Digital Content (Our eBooks)
    Digital content in the sense of the right of withdrawal for consumers specified below means data that is provided in a digital form, for instance computer programs, applications (apps), games, music, videos or text, regardless of whether they are accessed via a download or a download in real time (streaming). That involves our eBook offers for downloading, for instance.

    The cautionary information regarding cancellation applies to content of that type that is delivered on physical data storage media (CD, DVD etc.). The following cautionary information is not associated with a granting of rights for purchase orders of business entities.

    Instructions on withdrawal

    Right of withdrawal

    You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day of the conclusion of the contract.

    To exercise the right of withdrawal, you must inform us (WOM, A division of jpc-schallplatten Versandhandelsgesellschaft mbH, Lübecker Str. 9, 49124 Georgsmarienhütte, Telefax 05401 851-300, E-Mail: service@wom.de,) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

    Effects of withdrawal

    If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

    4. Expiration from the right of withdrawal in the Case of Digital Content (Our eBooks)
    The statutory right of withdrawal in the case of an agreement for the delivery of digital content that is not on a physical data storage medium will expire when we have started performance on the agreement after the consumer

    1. has explicitly agreed that the company will start performance of the agreement before the expiration of the withdrawal period and
    2. has confirmed knowing that he loses, via his agreement, his right of withdrawal when performance on the agreement begins.

    5. Model withdrawal form
    The "model withdrawal form " mentioned in III. Nos. 1 and 3 of the above-cited cautionary information regarding cancellation can be found below. Its use is not mandatory.

    Model withdrawal form

    (complete and return this form only if you wish to withdraw from the contract)

    - To WOM, jpc-schallplatten Versandhandelsgesellschaft mbH, Lübecker Str. 9, 49124 Georgsmarienhütte, Telefax 05401 851-300, E-Mail: service@wom.de:

    - I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),

    - Ordered on (*)/received on (*),

    - Name of consumer(s),

    - Address of consumer(s),

    - Signature of consumer(s) (only if this form is notified on paper),

    - Date

    _____

    (*) Delete as appropriate.

    IV. Payments, Delivery, Reservations Regarding Delivery

    1. You have the possibility of paying as follows:
    - Payment by credit card (Visa, MasterCard, American Express, Diners or JCB) (Note: Your credit card will be charged immediately after transmission of the payment data and completion of the purchase order.)
    - Payment by PayPal (You pay the invoice amount via the on-line provider PayPal. You have to be registered there or, as the case may be, initially register, provide proof of identity with your access data and confirm the payment instruction to us. You will receive further instructions on how to get to the site of the payment provider during the ordering process. Your PayPal account will be charged when you send the purchase order.)
    - Sofortüberweisung.de
    (When payment is made via the payment provider Sofortüberweisung [immediate bank transfer], we immediately receive the remittance and can immediately send the delivery if the product is available. You need an account number, bank routing code, PIN and TAN. Sofortüberweisung.de enters a bank transfer in your on-line bank account in an automatic fashion and in real time via the secure payment form of Payment Network AG that is not accessible to dealers. The purchase amount is immediately and directly transferred to the bank account of the dealer in the process. Our service is free of charge for you as a customer; only the fees (transfer fee) of your local bank will be incurred.)
    A pre-filled form opens up at the end of the ordering process when the payment type Sofortüberweisung [immediate bank transfer] is chosen. It already contains our bank information. Furthermore, the amount to be transferred and the reason for the transfer are already displayed in the form. You have to now select the country where you have your on-line bank account and enter the bank routing code. Then enter the same data that is used to log into the on-line banking (account number and PIN). Confirm your order by entering the TAN. You will receive confirmation of the transaction right after that.
    Please note that Sofortüberweisung is not yet available for a few banks. You can obtain further information as to whether your bank supports this service here: https://www.payment-network.com/de/user/sofortueberweisung-bankensuche.html.
    Sofortüberweisung.de is only possible at present for customers from Germany, Austria, Switzerland, the Netherlands, Belgium, Italy and the United Kingdom.
    Please understand that we do risk assessments prior to the conclusion of an agreement when advance performance is involved. In case of doubt, we reserve the right to offer you the payment form of cash in advance.

    2. We will deliver the ordered goods without delay, but within 7 days after the receipt of the purchase order or the advance payment at the latest. Please refer to the offers for information on deviating delivery times. The delivery obligation will not apply if deliveries are not made to us correctly and in a timely manner and we are not responsible for the lack of availability. When the goods are not available, we will immediately notify you and any advance payment that may have been made will be refunded without delay.

    3. The delivery time will be extended in an appropriate fashion when there are strike and lockout actions interfering with the delivery or other circumstances for which we are not responsible, especially in cases of delivery delays because of force majeure. We will notify the purchaser without delay of the start and end of difficulties of that type.

    4. We reserve the right to only offer the conclusion of an agreement in household quantities for limited availability items and special offers.

    5. We use Deutsche Post and DHL for postal shipments. You will receive a message from us when the goods have left our company.

    V. Warranty

    1. The warranty is provided according to the statutory regulations of the Federal Republic of Germany. A statutory right with regard to liability for defects exists for the customer.

    2. When a defect is remedied in business transactions with clients who have not ordered for private purposes, we will only pay the transport costs in so far as they are not increased by the fact that the purchased item is brought to a different place than the place of performance.

    3. We attach a great deal of importance to customer satisfaction. You can turn to us at any time via one of the contact methods provided at the outset. We will strive to review your request as quickly as possible and will get in touch with you with regard to this after receipt of the documents or your request or complaint. Give us some time, though, because the manufacturer frequently has to be involved in warranty cases. When there are complaints, you will help us when you describe the problem as precisely as possible and turn over a copy of purchase order documents, if applicable, or at least provide the order number, customer number etc. If you do not receive a reaction from us within 14 days, please inquire about it. In rare cases, e-mails could be in spam filters at our company or get "stuck" with you, or a message will not reach you in another way or will not be sent by mistake.

    VI. Retention of Title

    The goods that are delivered will remain our property until complete payment has been made.

    VII. Data protection

    You can find details on the collection and use of your personal data in our Privacy Policy, which also contain information on the credit check in which values for the probability of a payment default are calculated; your address data is also included in the process.

    VIII. Jurisdiction, Partial Invalidity, Applicable Law

    1. Our place of business is agreed to be the jurisdiction for all legal disputes concerning these business terms and conditions and individual agreements concluded under their scope of applicability, including disputes about bills of exchange and checks, in business transactions with business persons and with legal entities under public law. We are also entitled in this case to bring a legal action at the domicile location of the customer. Any exclusive jurisdiction will remain unaffected by the provision indicated above.

    2. When individual provisions of the delivery agreement or of these general business terms and conditions are ineffective, the remaining provisions will continue to be effective.

    3. The law of the Federal Republic of Germany will apply to any and all legal transactions or other legal relations with us. The UN Sales Convention (CISG) and any other inter-governmental treaties will not apply, even after being adopted in German law. The provision in III. Item 1, 2nd paragraph will remain unaffected. This choice of law includes the qualification that customers with a usual place of residence in one of the States of the EU or Switzerland will not be deprived of granted protection following from the mandatory regulations of the law of this State.

    X. Dispute resolution for consumers

    We are always interested in an agreement with the customer. Please use our service contact under service@wom.de or other listed contact details. The European Commission is planning a platform for online dispute resolution with further information, which will be reachable soon on the internet. Please note that we don’t take part in formal dispute resolution at an arbitration board for consumers.

    Your jpc-schallplatten Versandhandelsgesellschaft mbH

    16-0113wO-Av7-en

    Data Protection at wom.de

    Data protection is a confidential matter, and your trust is important to us. We respect your privacy and, therefore, we observe the legal policies in the processing of your personal data. We would like to inform you about our data collection and use of data.

    You can print or save this document by using the common functionality of your Internet service program (browser: under "File" -> "Save as").

    Here you'll find the following references:

    I. What do we do with your personal data?

    1. Processing of contracts

    Personal data are information about factual or personal circumstances of a certain or definable person. This includes for example your name, your telephone number, your address, as well as complete inventory data that you disclose. We gather and process your data for the processing of contracts, as well as possible, future warranty claims. Within the framework of the order processing, service providers (e.g. transporters, logistics specialists, paying agents) hereby obtain the necessary data.

    2. Data Storage, My Account

    Your detailed order data are saved by us. You are able to register with us (by e-mail address or customer number and password under "My Account"). By registering, you obtain access to your stored personal contact data, payment data and your orders. If you would like to close your access again, please refer to one of the contact options below.

    WOM collects and uses the bank account data from your optionally given informations if you want to pay via SEPA core direct debit. The data is saved seperatly and secured. The account information will be provided to be chosen by you for future payments only with your explicit consent. Otherwise the data will only be used in cases of refunds and repayments.

    Credit card data will not be stored completely with WOM, according to the companies that process credit card payments. Based on a secure and encrypted process (credit card number replacement) WOM can use the data for convenient, repeated payment authorization and the management in your customer account without obtaining the full data. Both will only be done with your explicit consent. As a credit card user you then won’t have to re-enter your credit card information on further payments and you will be able to delete a credit card from your account. Only the card type (Visa, Mastercard etc.), the last four digits of the credit card number and the expiry date will be saved for the card management. After deleting this data you will have to authorize a new transaction with new or other credit card informations and give consent to have the information available for future use.

    WOM will use the credit card number replacement only for refunds.

    When you have given us consent, we use this data as well as data from details of interest, website visits and information requests according to your details about cookies for our market research and suitable advertising information concerning you (e.g. overlay of offers upon visits on WOM websites, advertisement by mail – no calls, faxes or e-mails without your consent – no data transfer).

    You can also manage the eCourier (see under eCourier) on your account, in case you receive this newsletter. If you would like to close your access again, please use one of the corresponding options under "My Account" or refer to one of the contact options below (see also "cancellation and right of refusal" and "eCourier").

    3. Advertising

    We would like to point out that, without your separate, explicit consent, we use your data – also recurrent – for our own advertising and marketing purposes, as well as occasionally for advertising recommendations for our delivery of enclosed offers from advertising partners to the extent permitted by law. The acceptance of these references does not represent any consent on your part for the use of your data for advertising purposes.

    In particular, we reserve the right to store your given name and surname, your postal address and – to the extent we have obtained this additional information from you within the scope of contractual relationship – your title, academic degree, your year of birth and your occupation, industry and business relationships in compiled lists and using the data for our own advertising purposes (e.g. the delivery of interesting offers and information about our products by post). You can object at any time to the storing and use of your data for these purposes by forwarding a message via the contact options mentioned below.

    We retain your e-mail address in connection with the sale of goods, and we use your e-mail address for the advertisement of similar products. You can object to every promotional use at any time, without incurring additional costs other than the transmission costs according to the basic rates (see legal information below).

    Advertising partners do not receive your data from us, but only if you provide them yourself. Disclosure to a third-party for advertising purposes does not occur.

    4. Offer of cooperation

    When you are a member of our WOM cooperation partners, who have arranged with us the benefits of your membership, please note that granting advantages with your partner is only possible when you enter the required identification (card number / membership number, etc.). In these cases, we forward your address and information about your purchase to cooperation partners. This is absolutely necessary, so that you are able to benefit from cooperation partner advantages (bonus points, etc.). Normally, these are from the sales that you have made with us by using your identification number and the identification itself. The cooperation partner stores and uses this information again, according to the conditions agreed upon by you. You hereby agree with the entering of your identification.

    5. Cancellation and right of refusal

    Of course, upon the delivery of advertising information by e-mail (e.g. eCourier) or other types of advertisement of further use of your data for advertising purposes—as well as permitted to do so by law without your consent—you can object or withdraw given consent by informal notice to us, in particular to stop further advertising e-mails. The same applies to the collection, storing and use of data for the generation of customized information for you. (Please note that we will close the "My Account" section in this case, as this processed information is no longer available to you there for a cancellation or refusal of consent).

    Of course, we do not collect any additional costs for this purpose. (In particular, when you notify us by e-mail, no further costs occur than the transmission costs according to the basic rates of your provider).

    Please direct your objection or cancellation to one of the contact options of these references mentioned below. If necessary, please inform us if you do not wish to receive more advertisement from WOM or only certain advertisement.

    II. Are data collected when you visit our site?

    1. Cookies

    We use so-called cookies on our websites. Cookies are small files which are stored on your data storage device and store specific settings and data exchange with our system via your browser. This storing helps us to pattern the websites for you accordingly and facilitates the use in which, for example, specific entries by you are stored so that you do not constantly have to repeat this. Cookies (hence also session cookies) are automatically deleted again from your hard drive after the end of a browser session (the end of the session). There are cookies, however, that remain on your hard drive. The expiration date is set for your convenience (a few years) far into the future. Upon a further visit, it is then automatically recognized that you have already been on our site and which entries settings you prefer (so-called long-term cookies). Please also note our references for the use of cookies within the framework of customer access ("My Account") for the configuration of the content of the eCourier, "social plugins" and "web analysis".

    - Your protection option

    Regardless of the set duration period, you are also able to delete your browser cookies manually. Under security settings, you are able to permit or forbid independently from one another temporary and stored cookies. Apart from the browser setting, which generally deactivates automatically the insertion of cookies, you are also able to deactivate cookies while adjusting your browser so that cookies from a specific domain (e.g. "googleadservices.com") are blocked. This setting then prevents the performance of corresponding services that cookies set from this domain.

    Some web services work with opt-out cookies. For example, the cookie recognizes that you do not want any collection of data (e.g. a web analysis service). If you delete all cookies, please remember that the corresponding settings will have to be made again where applicable.

    The acceptance of cookies is not a requirement to visit our online services. If you do not accept or deactivate cookies, there are specific options (e.g. order options, services and information) on our sites that will not be available and perhaps some websites will not be correctly displayed.

    2. Web analysis and advertising

    You can visit our websites without providing information about yourself. When you visit our websites, even if this takes place, for example, via a link in a newsletter or advertisement, specific data will be collected and stored nevertheless. We store – even if the visit via newsletter links or advertisement links if any on the Internet occurs – for access data only and without personal references, for example:

    -the Internet site from which you visit us
    -your browser type
    -the name of your Internet service provider
    -the name of requested files
    -product and content that interest the visitor

    The purpose is to use stored data for the cookies explained above. These data are utilized for the improvement of our offers and does not allow us to deduce information about you. Only if you have given your explicit consent, will we store such data about you and use the data only to meet your interests as much as possible with customized offers and information.

    The analyses of the data without your consent take place only in an otherwise anonymous or fictitious form (e.g. information XY was called up by 45% of site visitors). Thus, we have the ability to adjust our offers of information to the interests of readers.

    If we include third-party content on our sites (e.g. embedded films or special information), these contents only retain your IP address for that purpose, as the content otherwise cannot be delivered to your browser.

    - Google Analytics

    These websites use Google Analytics for web analysis. This is a service of Google Inc. ("Google"). Google Analytics uses "cookies". The information about your use of our websites (including your IP address), generated by the cookie, is transmitted to a Google server in the USA and stored there. Google follows the data protection guidelines of the "US Safe Harbor Agreement" and is registered with the "Safe Harbor Program" of the US Department of Commerce. Google will use this information in order to analyze your use of the websites, compile reports about the web activities for us and further renders website use and Internet use of related services to us. If necessary, Google will also transmit this information to a third-party, provided that this is legally required or if a third-party handled these data on behalf of Google. Google will not connect your IP address with other Google data.

    You can prevent the installation of cookies through a corresponding setting in your browser software. However, we would like to indicate that, in this case, you cannot use all the functions of the website or services requested of us to the full extent where required.

    - Your protection options

    If you do not wish for information about your web visits to be transmitted to Google Analytics, you have the possibility to install a "Deactivation Add-On" on your browser. You can download this add-on here. Please note, however, that this is only available at that moment for Microsoft Internet Explorer, Google Chrome, Mozilla Firefox, Apple Safari and Opera.

    As an alternative to or within browsers on mobile devices, you can click on the following link to object to the application of Google Analytics. An opt-out cookie will be set through the activation of the link, in order to prevent the gathering of data through Google Analytics within these websites in the future. Please note that these opt-out cookies only function on this browser and only for this domain. As soon as you delete your cookies on this browser, you have to click on the link again: Deactivate Google Analytics.

    Moreover, we have made settings whereupon Google Analytics deletes the last part of the IP address of visitors to our website and, thereby, we cannot acquire data that allow information about you here either.

    Without your explicit consent we will not utilize tracking tools either, in order to collect undetected personal data about you, to transmit such data to third-party suppliers and marketing platforms or link the data with your personal data (e.g. name, address, etc.).

    - Google Remarketing

    With the help of remarketing services by Google, we would like to ensure that you have to see less, uninteresting advertisement on the Internet in the long-term. When you visit our websites or make a purchase, anonymous data about the viewed or purchased products will, therefore, be stored in cookies ("Retargeting"-Cookies). These cookies can be analyzed on third-party sites with the result that specific to your previous interests in our products are provided in line with advertisement on advertising banners for you on other sites. Exclusively anonymous data are gathered and do not correspond to you (e.g. no names or addresses). If IP addresses are used, these will be shortened so that inference about you is not possible. Neither will there be any individual data on sites on which our advertisement is shown.

    - Your protection options

    If you no longer or temporarily do not want this service for our products, you can deactivate it accordingly. As an example, follow the link to the data protection policy in advertising by Google (http://www.google.com/privacy_ads.html) for further information. Alternatively, you can deactivate the use of such cookies through many third-party providers, where you choose the deactivation page of network promotional offers and perform the corresponding settings.

    - DoubleClick, AdSense

    We use DoubleClick and AdSense services of FA Google Inc., which assists in customized advertisement to appear to you on our sites. Compiled and collectively used information with cookies or Spotlight Technology by Google is anonymous and is not personally identifiable. It neither contains your name, nor your address, nor telephone number nor e-mail address.

    - Your protection option

    Under advertising and data protection in Google's data protection center, you have the option to deactivate the setting of cookies and, thereby, the setting up of useful and relevant online advertisement. You'll find further information about DoubleClick and AdSense and the option to switch this off here: (Link auf: https://support.google.com/adsense/answer/2839090?hl=de).

    If you use a "My Account" access on our sites, you can activate the function "Please don't show me any advertisement" under "Advertising". As long as you are logged in, no advertisement will be shown to you.

    - Facebook Custom Audience

    We apply communication tools on some of our pages of Facebook Ireland Limited Hanover Reach, 5-7 Hanover Quay, Dublin 2, Ireland ("Facebook"). These enable us to provide tailored content for your possible interests on our websites or deliver custom, corresponding advertisement to you on Facebook. In order to save you from unnecessary advertisement, we can also prevent the distribution of such targeted content (e.g. advertising banners). Through encryption technology, with which personal data is not replaced with traceable features, according to the current status of technology, encrypted identification features on Facebook, along with encrypted data, are adjusted. Thus, target groups (Custom Audience) are identified for a method (e.g. Facebook members who are interested in certain musicians). The encrypted values, which pertain to demand, then obtain particular advertising content depending on the setting, in which we may expect an interest, or the delivery is stopped by presumed disinterest. Therefore, the rejection of the content takes place on the basis of encrypted values, with which a particular value also always creates a particular identification value, without disclosing the data to us or to Facebook (so-called hashing via a secure hash algorithm, according to the current standing without the reconversion option). The data transmission takes place by means of TLS (Transport Layer Security). Facebook enables us to determine through cookies how successful our advertising was and, for example groups which received the advertisement but did not purchase, to promote again.

    Further information about the purpose and scope of data collection and the further process and use of data via Facebook, as well as your setting options for protection of your privacy, please review Facebook's data protection guidelines, which among others are found on https://www.facebook.com/ads/website_custom_audiences/ and https://www.facebook.com/privacy/explanation.

    - Your protection option

    If you would like to object to the use of Facebook Website Custom Audiences, you can do so here.

    3. Right of refusal with user profiles

    According to §§ 15 par. 3, 13 par. 1 TMG you are entitled to a right to object the creation of user profiles using pseudonyms. If you have any questions about the described protection possibilities and our protective measures, please contact us under the options below.

    III. How do we protect your personal data?

    Upon ordering as well as logging in with your personal access, your personal data is safely transferred by encryption. We operate with the SSL coding system (Secure Socket Layer). We ensure our websites and special systems through technical and organizational measures against loss, destruction, access, modification and distribution of your data by unauthorized people. You should always handle your access information confidentially and close the browser window if you have finished communication with us, especially if you mutually use the computer with others.

    IV. Credit assessment and scoring

    In order to be able to offer you preferably good options for your choices of form of payment, we must protect you and us from abuse. Provided that we obtain advance payment, for example with a purchase on account, we may obtain, if necessary, a credit assessment for our legitimate interests on the basis of a mathematical and statistical process through: arvato infoscore GmbH, Rheinstr. 99, 76532 Baden-Baden. For this purpose, we will transfer the necessary personal data to the aforementioned institution for a credit assessment and utilize the obtained information through the statistical likelihood of a payment default for a carefully considered decision about the justification, implementation or termination of the contractual relationship. The credit assessment information can contain probability values, which are calculated on the basis of a scientifically recognized, mathematical and statistical process, and address information, among others, may enter into the calculation. Your interests worth being protected are considered according to legal policy. You can object to the inquiry with the effect for the future at any time; whereby, we can only offer you, however, limited payment possibilities.

    V. What are my rights?

    You are due in each case a right to objection against the use of data for advertising purposes and against the generation of user profiles with the use of pseudonyms.

    If you have questions about particular protection options and our measures of protection, feel free to contact us (see contact details below).

    According to the federal data protection law, you have, among others, a right to voluntary information about your stored data. Further the realization and the significance of the probability values, which are for calculation of used forms of data as well as about obtained or stored probability values for this purpose and, if necessary, a right to rectification, blocking or deleting of data. For questions about the collection, processing or use of personal data, for information, rectification, blocking or deleting of data, simply contact us via the references of contact information listed below.

    VI. What consent have I given?

    You have given us consent for promotional contact support or particular data use where applicable (e.g. for a newsletter or services within the framework of a customer log-in, etc.). If you have given us consent, the consent texts are stored with us and can be obtained. If you use the access via "My Account", you can view your consent and further information for this purpose under "eCourier Subscription Management". The same also applies for the consent of individual direction of offers based on your interests. You'll find this, if given, under the "Consent" menu option. Should you not find given consent, please contact service@wom.de for access. We will send the requested information to you by e-mail.

    Your jpc-schallplatten Versandhandelsgesellschaft mbH

    WOM, jpc-schallplatten Versandhandelsgesellschaft mbH
    Lübecker Strasse 9
    49124 Georgsmarienhütte
    Telephone 0180 5251713* (Mo.–Sa., 8 a.m.–8 p.m.)
    (*0.14 EUR/minute from the german landline, german mobile calls maximal 0.42 EUR/minute)
    Fax 05401 851-300

    E-mail service@wom.de

    General manager: Gerhard Georg Ortmann
    Data protection officer: Friedhelm Börsting, Telephone 05401 851-0
    Osnabrück District Court HRB 110327

    These data-protection notes are also intellectual property that is protected by a copyright. Use by third parties for commercial purposes - even in the form of excerpts - is not permitted. Claims will be pursued when there are violations. WIENKE & BECKER will not assume liability vis-a-vis third parties for the completeness and current status of the statements made above.

    © 2015 WIENKE & BECKER – COLOGNE Attorneys.

    Information on the battery directive

    In conjunction with the selling of normal and rechargeable batteries, as dealers, we are obliged in accordance with the battery directive, to draw your attention as consumers to the following points:

    You are legally obliged to return normal and rechargeable batteries. After use, you can return these either to one of our retail outlets, take them to a municipal recycling point or also to your local stockists.

    Batteries containing hazardous substances are identified with a sign, depicting a crossed-out refuse bin and a chemical symbol (Cd, Hg or Pb), which classifies the particular heavy metal, defined as a hazardous substance, contained in the respective battery.