I. General Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts that you conclude with us as a provider (Petra Kuehlmeyer) via the website www.bonmidi-music.de. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, will be contradicted.

(2) For the purposes of the following provisions, a consumer shall be any natural person who concludes a legal transaction for purposes which cannot be attributed primarily to his commercial or self-employed professional activity. Entrepreneur is any natural or legal person or partnership with legal power who, when concluding a legal transaction, acts in the exercise of its independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of digital content (data created and provided in digital form).

(2) Already with the placement of the respective digital content on our website, we submit a binding offer to conclude a contract via the online shopping cart system under the conditions stated in the item description.

(3) The contract is concluded via the online shopping cart system as follows:
The digital content intended for purchase is placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After calling up the "Checkout" page and entering your personal data and the payment terms, the order data will finally be displayed to you as an order overview.

If you use an instant payment system (e.g. PayPal (PayPal Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as a payment method, you will either be redirected to the order overview page in our online store or to the website of the instant payment system provider.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, on the website of the provider of the instant payment system or after you have been redirected back to our online store, the order data will be displayed as an order overview.

Before sending the order, you have the option to check the information in the order overview again, change it (also via the "back" function of the Internet browser) or cancel the order.

By sending the order via the corresponding button ("order with obligation to pay", buy", "buy now" or similar designation), you declare the legally binding acceptance of the offer, whereby the contract is concluded.

(4) Your requests for the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days (unless a different deadline is specified in the respective offer).

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 License to use digital content

(1) The digital content offered is protected by copyright. For each digital content purchased from us, you will receive a license to use it from the respective licensor. The type and scope of the license of use result from the license terms stated in the respective offer.

(2) Unless otherwise stated in the respective offer, you receive a simple license to use. This includes a non-exclusive, unlimited right of use, in particular the permission to save and/or print a copy of the digital content for your personal use on your computer or other electronic device.

You are not entitled to rent out the digital content that is the subject of the contract or parts thereof, or to sublicense it either for a fee or free of charge, to reproduce it publicly or make it accessible in any other way, or to make it available to third parties in any other way.

§ 4 Individually designed digital content

(1) You shall provide us with the suitable information, texts or files required for the individual design of the digital content via the online ordering system or by e-mail no later than immediately after conclusion of the contract. Any specifications we may have regarding file formats must be observed.

(2) You undertake not to transmit any data whose content infringes third-party rights (in particular copyrights, rights to a name, trademark rights) or violates existing laws. You expressly release us from all claims asserted by third parties in this context. This also applies to the costs of legal representation required in this context.

(3) We do not check the transmitted data for correctness of content and therefore assume no liability for errors.
 
(4) Insofar as specified in the respective offer, you will receive a draft correction from us, which you must check without delay. If you agree with the draft, you release the proof by countersignature in text form (e.g. e-mail) for execution.
The design work will not be carried out without your approval.
You are responsible for checking the proof for correctness and completeness and for informing us of any errors. We assume no liability for errors that are not objected to.

§ 5 Special agreements on payment methods offered

(1) Payment via "PayPal" / "PayPal Checkout".
If you select a payment method offered via "PayPal" / "PayPal Checkout", the payment will be processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly designated button on our website as well as in the online ordering process. "PayPal" may use other payment services for payment processing; if special payment conditions apply, you will be informed of these separately. You can find more information about ""PayPal" under https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

§ 6 Right of retention

You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

§ 7 Warranty

(1) The statutory warranty rights exist.

(2) Insofar as a feature of the digital content deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you have been informed of the same by us before submitting the contractual declaration and the deviation has been expressly and separately agreed between the contracting parties.

(3) Insofar as you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:

a) Only our own information and the manufacturer's product description shall be deemed to have been agreed as the quality of the digital content, but not other advertising, public praise and statements by the manufacturer.

b) In the event of defects, we shall, at our discretion, provide warranty by repair or subsequent delivery. If the remedy of the defect fails, you can, at your discretion, demand a reduction or withdraw from the contract. The remedy of defects shall be deemed to have failed after an unsuccessful second attempt, unless otherwise stated in particular by the nature of the digital content or the defect or the other circumstances.

c) The warranty period is one year from delivery of the digital content. The shortening of the deadline does not apply:
- culpably caused damages attributable to us from injury to life, limb or health and in the case of other damages caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the digital content;
- in the case of goods which, in accordance with their usual use, have been used for a building and which have caused its defectiveness;
- in the case of statutory recourse claims that you have against us in connection with warranty rights.

§ 8 Choice of law

(1) German law shall apply. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn as a result (favorability principle).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

 

II. Customer information

1. Identity of the seller

Petra Kuehlmeyer
Marktweg 14
76857 Ramberg
Germany
Telephone: 06345 3987
E-Mail: info@bonmidi-music.de


Alternative Dispute Resolution:
The European Commission provides a platform for the out-of-court resolution of disputes online (ODR platform), which can be accessed at https://ec.europa.eu/odr.

We are not willing and not obliged to participate in dispute resolution procedures at consumer arbitration boards.

2. Information on the conclusion of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I.).

3. Contract language, contract text storage

3.1 Contract language is German.

3.2 The complete contract text is not stored by us. Before sending the order, the contract data can be printed out or electronically saved using the print function of the browser. After receipt of the order by us, the order data, the legally required information for distance contracts and the general terms and conditions will be sent to you again by e-mail.

3.3 In the case of quotation requests outside the online shopping cart system, you will receive all contract data as part of a binding offer sent in text form, e.g. by e-mail, which you can print out or save electronically.

4. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and payment methods

5.1 The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2 There are no shipping costs.

5.3 There are no shipping costs.

5.4 If the delivery is made to countries outside the European Union, additional costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which are to be borne by you. 

5.5 Any costs incurred for the transfer of funds (transfer fees or exchange rate fees of credit institutions) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.

5.6 The payment methods available to you are shown under a correspondingly designated button on our Internet presence or in the respective offer.

5.7 Unless otherwise specified in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

6. Provision

6.1 The conditions for provision, the provision date and any existing provision restrictions can be found under a correspondingly designated button on our website or in the respective offer.

7. Statutory warranty law

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I). 

These terms and conditions and customer information were created by the lawyers of the Händlerbund, who specialize in IT law, and are permanently checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this at:
https://www.haendlerbund.de/en/
services/legal-texts


last update: 29.11.2022

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