General Terms and Conditions

§ 1 Scope

These General Terms and Conditions regulate the contractual conditions for all contracts to be concluded between buyers and us (Elvira Dukart, acting under “CARAMBA-MUSIC” Schlossstrasse 92, D-78259 Muehlhausen-Ehingen) as the seller through our online presence. Should the customer’s general terms and conditions conflict with our general terms and conditions, the customer's terms and conditions are hereby rejected. However, the possibility of making individual agreements remains unaffected.

§ 2 Conclusion of Contract

(1) The assortment presented in our shop does not constitute a binding offer to conclude a purchase contract but an invitation to you to make an offer.

(2) By placing your order, you submit a binding offer to purchase the ordered goods at the listed price.

(3) If you have ordered via our web shop system, you will generally receive an automatically generated email confirming that your order has been received. This confirmation does not yet constitute acceptance of your offer.

(4) The contract with us is concluded upon our explicit acceptance of your offer. Acceptance can also be implied by us sending the goods to you without expressly declaring acceptance.

§ 3 Notice on Storage of the Contract Text

We store the contract text with the data on the purchased item in our systems, which you do not have access to. We do not make the contract text available to the customer. Therefore, we advise you to print out all contract data during the ordering process using your browser's print function or to take screenshots.

§ 4 Warranty Rights

Our product offerings are subject to statutory warranty rights, which are governed by the relevant laws applicable to consumers or merchants.

§ 5 Liability

(1) We are liable under the statutory provisions in cases of intent or gross negligence by us, our representatives, or vicarious agents, as well as for culpably caused injury to life, body, or health.

(2) In addition, we are only liable under the Product Liability Act, for the culpable violation of essential contractual obligations, or to the extent that we have fraudulently concealed a defect or assumed a guarantee for the quality of the delivery item.

(3) The claim for damages for the culpable violation of essential contractual obligations is, however, limited to the typical foreseeable damage, unless one of the cases listed in paragraph 1 or paragraph 2 applies simultaneously.

(4) The above regulations do not constitute a reversal of the burden of proof.

§ 6 Limitation of Warranty Claims and Transfer of Risk

(1) If the buyer is an entrepreneur, claims for material defects deviate from the statutory provisions and expire within one year from the delivery of the purchased item to the entrepreneur. Excluded from this are claims for damages due to defects that we have fraudulently concealed or for which we are liable under § 5 para 1. In this respect, the statutory limitation periods apply.

(2) The risk of accidental loss and deterioration of the goods is transferred to the entrepreneur upon delivery to the transport/shipping company.

§ 7 Purchase Price/Due Date/Default

The purchase price includes value-added tax at the applicable rate. If not delivered via download, shipping costs will be charged separately.

The invoice amount is due immediately upon the conclusion of the purchase contract. If the customer does not pay the purchase price within 14 days after the conclusion of the purchase contract and receipt of the invoice, they will automatically be in default, with the timeliness of the payment depending on the day the invoice amount is instructed.

§ 8 Delivery

The general delivery period can be up to 30 working days unless otherwise specified in the respective offer. The delivery period for the purchased item can be found in the respective offer. It begins on the working day following the day of receipt of payment.

§ 9 Retention of Title

(1) The purchased item remains our property until full payment is made.

(2) For entrepreneurs with whom we maintain an ongoing business relationship, this applies with the proviso that we reserve ownership of the purchased item until all claims from this business relationship have been settled.

§ 10

The EU Commission provides an online platform for dispute resolution. This platform serves as a point of contact for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. For more information, see: http://ec.europa.eu/consumers/odr

We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board. Complaints can, however, be directed to info@caramba-music.com.

§ 11 Miscellaneous

(1) German law applies, excluding international private law.

This does not apply to consumers if mandatory applicable national law of another state in which the consumer habitually resides opposes this.

(2) The contract language is German.

(3) For all disputes arising from the contractual relationship between us and merchants, legal entities under public law, or special funds under public law, the court at our general place of jurisdiction has jurisdiction. We are also entitled to sue at the principal place of business of the customer.

Status: 28.06.2024

© Rechtsanwalt Christian von der Heyden, Berlin

Privacy Policy

§ 1 Responsible Party and Data Protection Officer (if more than 10 employees) This privacy policy applies to data processing by: Responsible Party:

Elvira Dukart, Schlossstrasse 92, D-78259 Meuhlhausen-Ehingen, Germany, Email: info@caramba-music.com, Phone: +49 (0) 7731 97 60 521 Our Data Protection Officer is Mr. Anton Dukart and can be reached at the above address.

§ 2 Personal Data “Personal Data” refers to all information relating to an identified or identifiable natural person, as defined in Article 4 No. 4 of the GDPR.

§ 3 Data Collected When Accessing Our Website When simply accessing our website, data is collected that is transmitted from the browser used on your device to the server. These are so-called "server log files," meaning the information is temporarily stored in such a log file. The following data is collected without your input when accessing our website:

• IP address of the requesting computer,
• Possibly the name of your access provider,
• Data volume transmitted in bytes,
• Date and time of access,
• Name and URL of the retrieved file,
• Source/referral from which the access occurs (referrer URL),
• Browser used and browser version,
• Operating system of your computer This data is processed to ensure a smooth connection setup of the website and its proper and comfortable use. Additionally, the data is used to evaluate system stability and security, as well as for administrative purposes. The legal basis for data processing is Article 6 (1) sentence 1 lit. f GDPR. The legitimate interest follows from the above-listed purposes for data collection. The data will not be used to draw conclusions about your person. Furthermore, social media services are used on our website. Detailed explanations can be found in §§ 7 ff. of this privacy policy.

§ 4 Contact via Email (1) If you contact us via email, we store the data you provide via email in our systems. To ensure smooth handling of your request, e.g., in the context of business initiation or execution, we may ask you to provide additional data (e.g., name, address, phone number), which we also store in our systems. You can, of course, provide all these details voluntarily; data processing for the purpose of contacting us is carried out according to Article 6 (1) sentence 1 lit. a GDPR based on your voluntary consent. (2) After final processing of your inquiry, your data will be deleted. This is the case if it can be inferred from the circumstances that the relevant facts have been conclusively clarified and provided that no statutory retention obligations oppose this.

§ 5 Use of the Contact Form We offer you the option to contact us via a contact form. Providing mandatory information is required so that we know who submitted the request and can respond to it. Additional details can be provided voluntarily. The data collected when using the contact form is shown in the respective contact form. § 4 (2) applies accordingly.

§ 6 Data Sharing Your personal data will not be transmitted to third parties for purposes other than those listed below. We only share your personal data with third parties if:

• You have given your explicit consent according to Article 6 (1) sentence 1 lit. a GDPR.
• The disclosure is necessary for the assertion, exercise, or defense of legal claims according to Article 6 (1) sentence 1 lit. f GDPR, and there is no reason to assume that you have an overriding legitimate interest in not disclosing your data.
• The disclosure is legally permissible and required for the processing of contractual relationships with you according to Article 6 (1) sentence 1 lit. b GDPR. This is the case, for example, if we involve a data processor according to § 28 GDPR for order processing with whom we have a contract according to this provision.
• There is a legal obligation to disclose according to Article 6 (1) sentence 1 lit. c GDPR.

§ 7 Cookies Our website uses so-called cookies. Cookies are small text files that are automatically created by your browser and stored on your device when you visit our website. Such files do no harm to your device and do not contain viruses, trojans, or other harmful software. Cookies store information related to the specific device used. However, this does not mean that we obtain direct knowledge of your identity. Cookies are used to make the use of our online offerings more pleasant for you. For instance, we use so-called session cookies to recognize that you have already visited individual pages of our website. Such cookies are automatically deleted after you leave our site. Additionally, to make our website more user-friendly, we use temporary cookies that are stored on your device for a specific period. If you visit our website again, it is automatically recognized that you have already visited and what settings and inputs you have made so that you do not have to re-enter them. We also use cookies for statistical purposes and to improve our website. These cookies enable us to recognize automatically when you return to our website that you have already visited. Such cookies are deleted after a certain period. The data processed by cookies is necessary for the aforementioned purposes to protect our legitimate interests and those of third parties according to Article 6 (1) sentence 1 lit. f GDPR. Most browsers accept cookies automatically. However, you can configure your browser to not store any cookies on your computer or to always show a notice before a new cookie is created. The complete deactivation of cookies may lead to not being able to use all functions of our website.

§ 8 Social Media Plug-ins Based on Article 6 (1) sentence 1 lit. f GDPR, social plug-ins from social networks Facebook, Xing, and LinkedIn are used on our website to promote our company. The underlying advertising purpose is considered a legitimate interest according to the GDPR. The responsibility for data protection-compliant operation must be ensured by their respective providers. These plug-ins are integrated using the so-called two-click method to protect visitors to our website as best as possible.

(1) Facebook Our website includes the social media plug-in of Facebook, operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (hereafter “Facebook”), based on Article 6 (1) sentence 1 lit. f GDPR. This plug-in is usually recognizable by the Facebook logo (a white “F” on a blue background). When you access a page of our website that contains such a plug-in, your browser establishes a direct connection to Facebook's servers. The content of the plug-in is transmitted directly from Facebook to your browser and integrated into the website. By integrating the plug-ins, Facebook receives the information that your browser has accessed the respective page of our website, even if you do not have a Facebook account or are not logged into Facebook. This information, including your IP address, is transmitted directly from your browser to a Facebook server in the USA and stored there. If you are logged into Facebook, Facebook can immediately assign your visit to our website to your Facebook account. If you interact with the plug-ins, for example, by pressing the “LIKE” or “SHARE” button, this information is also transmitted directly to a Facebook server in the USA and stored there. The information is then published on Facebook and shown to your Facebook friends or a wider audience depending on your privacy settings. Facebook may use this information for advertising, market research, and other purposes. For example, Facebook creates usage, interest, and relationship profiles to evaluate your use of our website concerning the advertisements displayed on Facebook, to inform other Facebook users about your activities on our website, and to provide other services related to the use of Facebook. If you do not want Facebook to assign the data collected via our website to your Facebook account, you must log out of Facebook before visiting our website. For the purpose and scope of data collection and the further processing and use of the data by Facebook, as well as your rights and setting options to protect your privacy, please refer to Facebook's privacy policy (https://www.facebook.com/about/privacy/).

(2) Instagram Our website uses social plugins (“Plugins”) from Instagram, operated by Instagram LLC, 1601 Willow Road, Menlo Park, CA 94025, USA (“Instagram”). These plugins are marked with the Instagram logo. When you access a page of our website that contains such a plugin, your browser establishes a direct connection to Instagram's servers. The content of the plugin is transmitted directly from Instagram to your browser and integrated into the page. By integrating the plugins, Instagram receives the information that your browser has accessed the corresponding page of our website, even if you do not have an Instagram profile or are not logged into Instagram. This information (including your IP address) is transmitted directly from your browser to an Instagram server in the USA and stored there. If you are logged into Instagram, Instagram can immediately assign your visit to our website to your Instagram account. If you interact with the plugins, for example, by pressing the “Instagram” button, this information is also transmitted directly to an Instagram server and stored there. The information is then also published on your Instagram account and shown to your contacts. If you do not want Instagram to assign the data collected via our website to your Instagram account, you must log out of Instagram before visiting our website. For more information, please refer to Instagram's privacy policy (https://help.instagram.com/155833707900388).

(3) Xing This website uses plugins from Xing. You can recognize this by the “XING Share Button.” When you access our website, a short connection is established between your browser and the servers of Xing AG (“XING”), with which the “XING Share Button” functions (especially the calculation/display of the counter value) are provided. The XING service does not store any personal data about you when you access this page, particularly no IP addresses. User behavior concerning the share button is also not evaluated. For more information about the Xing plugin and this service, please visit this website: https://www.xing.com/app/share?op=data_protection.

(4) LinkedIn We use the LinkedIn plugin of LinkedIn Corporation, 2029 Stierlin Court Mountain View, CA 94043, USA. Privacy matters outside the USA are handled by LinkedIn Ireland, Privacy Policy Issues, Wilton Plaza, Wilton Place, Dublin 2, Ireland. When you access a page of our website that contains such a plugin, your browser establishes a direct connection to LinkedIn's servers. The content of the plugin is transmitted directly from LinkedIn to your browser and integrated into the website. By integrating the plugins, LinkedIn receives the information that your browser has accessed the corresponding page of our website, even if you do not have a LinkedIn account or are not logged into LinkedIn. This information, including your IP address, is transmitted directly from your browser to a LinkedIn server in the USA and stored there. For more information about the LinkedIn plugin, please visit: https://developer.linkedin.com/plugins If you are logged into LinkedIn, LinkedIn can immediately assign your visit to our website to your LinkedIn account. LinkedIn always receives information that you have visited our website if you are logged into LinkedIn when accessing our website, regardless of whether the LinkedIn component is clicked or not. If you do not want this, you can prevent the transmission by logging out of your LinkedIn account before visiting our website. LinkedIn offers settings under https://www.linkedin.com/psettings/guest-controls to opt out of email messages, SMS messages, and targeted ads, as well as to manage ad settings. LinkedIn also uses partners like Quantcast, Google Analytics, BlueKai, DoubleClick, Nielsen, Comscore, Eloqua, and Lotame, which may set cookies. These cookies can be rejected at https://www.linkedin.com/legal/cookie-policy. For more information on LinkedIn's privacy policies, visit: https://www.linkedin.com/legal/privacy-policy. LinkedIn's cookie policy can be found at https://www.linkedin.com/legal/cookie-policy.

§ 9 Google Analytics We use the "Google Analytics" service on our website based on Article 6 (1) sentence 1 lit. f GDPR. This is a web analysis service provided by Google Inc. (https://www.google.de/intl/de/about/) (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA). Pseudonymized usage profiles are created, and cookies (see § 7) are used. The information generated by the cookies about the user's behavior on this website, such as:

• Operating system used,
• Browser type/version,
• Referrer URL (the previously visited page),
• Hostname of the accessing computer (IP address),
• Time of the server request, is transmitted to a Google server in the USA and stored there. The data collected is used to evaluate the use of the website, compile reports on website activities, and provide other services related to website and internet usage for market research and demand-oriented website design. You can prevent the use of cookies by adjusting your browser settings. However, this may result in not being able to use all the functions of this website. You can prevent the collection and processing of the data generated by the use of Google Analytics by downloading and installing the browser add-on available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en. Alternatively, you can disable Google Analytics on your device by clicking the "Disable Google Analytics" link. An opt-out cookie will be set, which prevents the future collection of your data when visiting this website. This opt-out cookie applies only to the browser used and only to our website and is stored on your device. If you delete the cookies in this browser, you must click the link again. For more information about Google Analytics, visit the following link: (https://support.google.com/analytics/answer/6004245?hl=en).

§ 10 Other Tools (1) YouTube We embed YouTube videos on our website. YouTube is a service provided by YouTube LLC. (901 Cherry Ave., San Bruno, CA 94066, USA; “YouTube”). YouTube is an affiliated company of Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; “Google”). YouTube videos are displayed on our website in an iframe. The "extended data protection mode" option is activated, so no information about website visitors is stored by YouTube unless you watch the video. When you watch the video, information is transmitted to YouTube and stored there. For more information on data collection and use by YouTube and Google, your rights, and ways to protect your privacy, please see YouTube's privacy policy (https://www.youtube.com/t/privacy).

(2) Google Maps We use maps from Google Maps (API) provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA (“Google”). This is a service for displaying interactive maps to visually present geographical information, such as our location, to help you find us better. When you access pages with embedded Google Maps material, information about your use of our website (e.g., your IP address) is transmitted to Google servers and stored there. This happens regardless of whether you have a Google account. If you are logged into Google, your data will be directly assigned to your personal account. If you do not want this, you must log out before using the service. Google stores your data (even for non-logged-in users) as usage profiles and evaluates them. This evaluation is carried out in particular according to Article 6 (1) lit.f GDPR based on Google's legitimate interest in displaying personalized advertising, market research, and/or demand-oriented website design. You have the right to object to the creation of these user profiles, and you must contact YouTube to exercise this right. You can completely disable Google Maps by turning off "JavaScript" in your browser. Google's terms of use can be found at http://www.google.de/intl/de/policies/terms/regional.html, and the additional terms of use for Google Maps are at https://www.google.com/intl/de_US/help/terms_maps.html. Detailed information on data protection related to using Google Maps can be found on Google's website (“Google Privacy Policy”): http://www.google.de/intl/de/policies/privacy/.

§ 11 Payment with PayPal We use PayPal components for payment. The provider of this payment service is PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereafter "PayPal"). When paying via PayPal, the payment data you provide will be sent to PayPal based on Article 6 (1) lit. a GDPR (consent) and Article 6 (1) lit. b GDPR (processing for the performance of a contract). PayPal's privacy policy can be found at https://www.paypal.com/de/webapps/mpp/ua/privacy-full.

§ 12 Data Protection in Applications It may happen that applicants apply to us. Applications can be submitted by post or email. If an employment contract is concluded with an applicant, we store the data sent to us (e.g., email correspondence, resume, cover letter) for the purpose of processing the employment relationship, adhering to legal requirements. If an applicant is rejected, we will delete the application documents sent by email two months after notification of rejection, provided no other legitimate interests (e.g., proceedings under the General Equal Treatment Act, AGG) oppose this. If submitted in paper form, we will return the application documents within the same period unless other legitimate interests oppose this.

§ 13 Your Rights as a Data Subject You have the right:

• According to Article 15 GDPR, to request information about your personal data processed by us. In particular, you can request information about the processing purposes, the category of personal data, the categories of recipients to whom your data has been or will be disclosed, the planned storage duration, the existence of a right to rectification, erasure, restriction of processing or objection, the existence of a right to lodge a complaint, the origin of your data if it was not collected by us, and the existence of automated decision-making, including profiling, and, if applicable, meaningful information about its details;
• According to Article 16 GDPR, to request the immediate correction of incorrect or completion of your personal data stored by us;
• According to Article 17 GDPR, to request the deletion of your personal data stored by us, unless the processing is necessary to exercise the right to freedom of expression and information, to fulfill a legal obligation, for reasons of public interest, or to assert, exercise or defend legal claims;
• According to Article 18 GDPR, to request the restriction of processing your personal data, if you dispute the accuracy of the data, the processing is unlawful, but you oppose its deletion, and we no longer need the data, but you need it to assert, exercise or defend legal claims, or you have objected to the processing according to Article 21 GDPR;
• According to Article 20 GDPR, to receive your personal data that you have provided to us in a structured, commonly used, and machine-readable format, or to request the transfer to another responsible party;
• According to Article 7 (3) GDPR, to revoke your consent at any time. As a result, we are no longer allowed to continue data processing based on this consent for the future, and
• According to Article 77 GDPR, to lodge a complaint with a supervisory authority. Generally, you can contact the supervisory authority of your usual place of residence or workplace or our business location.

§ 14 Duration of Data Storage Your personal data will be stored according to statutory retention periods, unless otherwise stated in this privacy policy. Retention periods can be, for example, commercial or tax-related. After the statutory retention periods have expired, the corresponding data will be deleted unless it is no longer required for contract fulfillment and/or we no longer have a legitimate interest in continuing to store your data.

§ 15 RIGHT TO OBJECT IF WE PROCESS YOUR PERSONAL DATA BASED ON LEGITIMATE INTERESTS ACCORDING TO ARTICLE 6 (1) SENTENCE 1 LIT. F GDPR, YOU HAVE THE RIGHT TO OBJECT TO THIS PROCESSING ACCORDING TO ARTICLE 21 GDPR, PROVIDED THERE ARE GROUNDS RELATING TO YOUR PARTICULAR SITUATION. IF THE OBJECTION IS AGAINST DIRECT MARKETING, YOU HAVE A GENERAL RIGHT TO OBJECT, WHICH WE WILL IMPLEMENT WITHOUT THE NEED TO SPECIFY A PARTICULAR SITUATION. IF YOU WISH TO EXERCISE YOUR RIGHT TO WITHDRAW OR OBJECT, AN EMAIL TO INFO@CARAMBA-MUSIC.COM IS SUFFICIENT.

Status: 28.06.2024

Imprint

Information according to § 5 TMG

Elvira Dukart

Schlossstrasse 92

D-78259 Muehlhausen-Ehingen

Phone: + 49 (0) 7731 97 60 521

Email: info@caramba-music.com

Website: www.caramba-music.com