I. general terms and conditions
1 Basic provisions
(1) The following terms and conditions apply to contracts that the customer concludes with the seller (Musikschule Soundcheck) via the website www.musikschule-soundcheck.de. Unless otherwise agreed, the inclusion of the customer’s own terms and conditions, if any, is objected to.
(2) Consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
(3) The Customer shall be notified of any amendments to these Terms and Conditions in writing, by fax or by e-mail. If the customer does not object to this amendment within four weeks after receipt of the notification, the amendments shall be deemed accepted by the customer.
2 Formation of the contract
(1) The subject of the contract is the sale of download products (digital content that is not delivered on a physical data carrier). The presentation of the offered products and services does not constitute a binding offer by the seller. Only the order of a product or service by the customer constitutes a binding offer.
(2) The contract is concluded by placing an order via the online shopping cart system.After submitting the offer and successful completion of the order, the customer receives a purchase confirmation by e-mail with the relevant data. The customer shall ensure that the e-mail address entered by him is correct.
During the ordering process, the customer has the opportunity to correct the entries made. Before completing the order process, the customer receives a summary of all order details and has the opportunity to check his information. By sending the order, the customer declares the legally binding acceptance of the offer, whereby the contract is concluded.
(3) The processing of the order and transmission of all information required in connection with the conclusion of the contract shall be carried out by e-mail, in part automatically. The customer must therefore ensure that the e-mail address he has provided is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
In the case of digital goods, the seller grants the customer a non-exclusive right, unlimited in time and place, to use the digital content provided for private and business purposes. A transfer of the contents to third parties, as well as a reproduction for third parties is not permitted, unless permission has been granted by the seller.
3 License of use for download products
(1) The download products offered are protected by copyright. The customer receives a simple license to use each download product purchased from us, unless otherwise stated in the respective offer.
(2) The simple usage license includes the permission to save and/or print one copy of the download product for your personal use on your computer or other electronic device. The customer is prohibited from making any further copies. It is expressly forbidden to him to change or edit a file or parts of it and to make it available to third parties in any way, either privately or commercially.
4 Terms of payment
(1) The purchase price is due immediately with the order. The payment of the goods is made by means of the payment methods provided.
(2) The prices stated at the time of the order shall apply. The prices stated in the price information include the statutory value added tax.
(3) The Customer may only offset claims of the Seller against undisputed or legally established counterclaims or counterclaims that are ready for a decision.
5 Right of retention, reservation of title
(1) The customer may only exercise a right of retention insofar as claims from the same contractual relationship are concerned.
(2) The goods shall remain the property of the Seller until the purchase price has been paid in full.
6 Shipping conditions
(1) Digital products are provided to the customer in electronic form either as a download.
(1) The statutory rights of liability for defects shall apply.
(2) Insofar as the delivered goods are defective, the customer shall be entitled within the framework of the statutory provisions to demand subsequent performance, to withdraw from or terminate the contract, to reduce the purchase price, to demand damages or the reimbursement of futile expenses. Defects notified prior to purchase do not constitute a warranty case. The limitation period of warranty claims for the delivered goods is two years from receipt of the goods.
8 Limitation of liability
(1) The Seller shall be liable for intent and gross negligence. Furthermore, the Seller shall be liable for the negligent breach of obligations, the fulfillment of which is essential for the proper execution of the contract, the breach of which jeopardizes the achievement of the purpose of the contract and on the compliance with which a customer regularly relies. In the latter case, however, the Seller shall only be liable for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than those specified in the above sentences.
(2) The above exclusions of liability shall not apply in the event of injury to life, limb or health. Liability under the Product Liability Act shall remain unaffected.
(3) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. In this respect, the Seller shall not be liable for the constant and uninterrupted availability of the online trading system and the online offers.
(4) The European Commission provides a platform for online dispute resolution (OS), which you can find at http://ec.europa.eu/consumers/odr. We do not participate in a dispute resolution procedure before a consumer arbitration board.
(5) Should individual provisions of this contract be invalid or contradict the statutory provisions, this shall not affect the remainder of the contract. The ineffective provision shall be replaced by the contracting parties by mutual agreement by a legally effective provision which comes closest to the economic sense and purpose of the ineffective provision. The above provision shall apply mutatis mutandis in the event of loopholes.