I. Standard Business Terms
§ 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 download products (digital content that is not delivered on a physical medium).
(2) Already with the posting of the respective download product on our site, we make you a binding offer to conclude a contract on the terms specified in the article description.
(3) The contract is concluded via the online shopping cart system as follows:
The intended download products are stored in the "shopping cart". You can use the corresponding button in the navigation bar to access the "shopping cart" and make changes there at any time. After accessing the "check-out" page and entering the personal data as well as the payment terms, all order data will be displayed again on the order overview page.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Postpay, Sofort) as a payment method, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system.
If the forwarding to the respective instant payment system is carried out, make the appropriate selection or input of your data there. Finally, you will be redirected back to our online shop on the order overview page.
Before submitting the order, you have the possibility to check all information here again, to change it (also via the function "back" of the internet browser) or to cancel the purchase.
By submitting the order via the "purchase" button, you declare the acceptance of the offer legally, which results in the contract.
(4) Your enquiries for the preparation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.
(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 with us is correct, that the receipt of the e-mails is technically ensured and, in particular, that SPAM filters do not prevent them.
§ 3 Licence of use for download products
(1) The offered download products are protected by copyright. You will receive a simple license to use each download product purchased from us, unless otherwise stated in the respective offer.
(2) The simple use license includes permission to store and/or print a copy of the download product for your personal use on your computer or other electronic device.
You are prohibited from any additional copy. You are expressly prohibited from modifying or editing a file or any portion thereof and making it available in any way to third parties, either privately or commercially.
§ 4 Individually designed download products
(1) You provide us with the appropriate information, texts or files required for the individual design of the download products via the online ordering system or by e-mail at the latest immediately after the conclusion of the contract. Our possible requirements for file formats must be observed.
(2) You agree not to transmit any data whose content infringes the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly inscanst us from all claims of third parties asserted 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 assume no liability for errors in this respect.
(4) Insofar as indicated in the respective offer, you will receive a correction template from us, which must be checked by you immediately. If you agree with the draft, release the correction template by counter-signing 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 correctness and completeness of the correction template and for notnoting us any errors. We assume no liability for non-objectionable errors.
§ 5 Right of retention
(1) You can only exercise a right of retention if it concerns claims arising from the same contractual relationship.
§ 6 Choice of law
(1) German law applies. In the case of consumers, this choice of law applies only to the extent that this does not deprive them of the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence (principle of favourability).
(2) The provisions of the UN Convention on Contracts for the Resale Rights expressly do not apply.
II. Customer information
1. Identity of the seller
Telephone: 06345 3987
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.
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 correction options are carried out in accordance with the provisions "Conclusion of the contract" of our Standard Business Terms (Part I.).
3. Contractual language, contract text storage
3.1 The language of the contract is german.
3.2 We do not store the entire text of the contract. Before submitting the order, the contract data can be printed out via the print function of the browser or saved electronically. Upon 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 sent in text form within the scope of a binding offer, e.g. by e-mail, which you can print out or secure electronically.
4. Main features of the product or service
The essential characteristics of the products and/or services can be found in the respective offer.
5. Prices and payment arrangements
5.1 The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components, including all applicable taxes.
5.2 Since the product are delivered by download, there are no shipping costs.
5.3 If delivery to countries outside the European Union is carried out, we may incur additional costs for which we are not responsible, such as customs duties, taxes or transfer fees (transfer or exchange rate fees of credit institutions) to be borne by you.
5.4 Costs incurred for the transfer of funds (transfer 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 has been initiated outside the European Union.
5.5 The payment methods available to you are indicated under a correspondingly designated button on our website or in the respective offer.
5.6 Unless otherwise stated for the individual payment methods, the payment entitlements under the concluded contract are due for payment immediately.
6. Terms of Delivery
6.1 The terms of delivery, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
7. Statutory warranty right
The statutory warranty rights are applicable.
These Standard Business Terms and Customer Information have been prepared by the lawyers of the Merchant Association, which specialise in IT law, and are constantly checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. For more information, please visit: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
last update: 27.10.2020