General terms and conditions new
Conditions
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General terms and conditions with customer information
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Table of Contents
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1. Scope
2. Conclusion of contract
3. Right of Withdrawal
4. Compensation
5. Release of Content
6. Grant of Rights of Use
7. Liability for Defects
8. Governing Law
9. Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of (
www.ralfchristophkaiser.com music and score Verlag e.K.
Koenigschaffhauserstr. 14C
79346 Endingen
Contact
Telephone: 0 76 42 - 92 88 20 8 E-mail: info@ralfchristophkaiser.com) (hereinafter "licensor") apply to all contracts for the delivery of data that is not on a physical data carrier, which is produced and made available in digital form (digital content) that a consumer or entrepreneur (hereinafter "licensee") concludes with the licensor with regard to the digital content presented by the licensor in his online shop. The inclusion of the licensee's own conditions is hereby contradicted, unless otherwise agreed.
1.2 The subject of the contract is the transfer of the digital content offered by the licensor to the licensee in electronic form, with the granting of certain rights of use that are more precisely regulated in these GTC.
1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1 The content published in the Licensor's online shop does not constitute a binding offer on the part of the Licensor, but serves to enable the Licensee to submit a binding offer.
2.2 The Licensee can submit the offer via the online order form integrated in the Licensor's online shop. After placing the selected content in the virtual shopping cart and going through the electronic ordering process, the licensee submits a legally binding contract offer with regard to the content contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Licensor may accept the Licensee's offer within five days,
- by sending the licensee a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the licensee is decisive, or
- by leaving the ordered content to the licensee, whereby access by the licensee is decisive in this respect, or
- by asking the licensee to pay after placing his order.
If there are several of the above alternatives, the contract is concluded at the point in time when one of the above alternatives occurs first. If the licensor does not accept the licensee's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the licensee is no longer bound by his declaration of intent.
2.4 When selecting the payment method PayPal Express, the payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: PayPal), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement -full or - if the customer does not have a PayPal account, the conditions for payments without a PayPal account apply, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects PayPal Express as the payment method during the online ordering process, he/she also issues a payment order to PayPal by clicking the button that concludes the ordering process. In this case, the seller already declares acceptance of the customer's offer in deviation from section 2.3 at the point in time at which the customer triggers the payment process by clicking the button that concludes the order process.uslöst.
2.5 The period for accepting the offer begins on the day after the Licensee has sent the offer and ends at the end of the fifth day following the sending of the offer.
2.6 When submitting an offer via the licensor's online order form, the text of the contract will be saved by the licensor after the conclusion of the contract and sent to the licensee in text form (e.g. email, fax or letter) after the order has been sent. The licensor will not make the contract text accessible beyond this.
2.7 Before submitting the binding order via the online order form, the licensee can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the order is bindingly submitted and can also be corrected there using the usual keyboard and mouse functions.
2.8 Only the German language is available for the conclusion of the contract.
2.9 Order processing and contact are usually made via email and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the licensor can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the licensor or by third parties commissioned to process the order can be delivered.
3) Right of Withdrawal
Consumers are generally entitled to a right of withdrawal. More detailed information on the right of cancellation can be found in the licensor's cancellation policy.
4) Compensation
4.1 For the granting of rights to the respective content, the licensor receives a flat license fee, the amount of which results from the respective item description.
4.2 The prices specified by the licensor are total prices and include the statutory sales tax.
4.3 In the case of payments in countries outside the European Union, additional costs may arise in individual cases for which the licensor is not responsible and which must be borne by the licensee. These include, for example, costs for money transfers through credit institutions (e.g. transfer fees, exchange rate fees).
4.4 The Licensee has various payment options available, which are specified in the Licensor's online shop.
4.5 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.6 If you select a payment method offered via the "Shopify Payments" payment service, the payment will be processed by the payment service provider Shopify International Limited, Victoria Buildings, 2nd floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter: Shopify). The individual payment methods offered via Shopify are communicated to the licensee in the licensor's online shop. To process payments, Shopify can use other payment services for which special payment conditions may apply, to which the customer may be informed separately. Further information on "Shopify Payments" is available online at https://www.shopify.de/payments.r.
4.7 If the SEPA direct debit payment method is selected, the invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before the deadline for the advance information has expired. The direct debit is collected when the ordered content is sent to the licensee by e-mail or made available for download, but not before the deadline for the advance information has expired. Pre-notification ("Pre-Notification") is any notification (e.g. invoice, policy, contract) from the licensor to the licensee announcing a debit by SEPA direct debit. If the direct debit is not redeemed due to insufficient funds in the account or due to the provision of incorrect bank details, or if the licensee objects to the debit although he is not entitled to do so, the licensee must bear the fees incurred as a result of the chargeback from the respective bank if he is responsible for this .
4.8 If the SEPA direct debit payment method is selected, the invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before the deadline for the advance information has expired. The direct debit is collected when the ordered content is sent to the licensee by e-mail or made available for download, but not before the deadline for the advance information has expired. Pre-notification ("Pre-Notification") is any notification (e.g. invoice, policy, contract) from the licensor to the licensee announcing a debit by SEPA direct debit. If the direct debit is not redeemed due to insufficient funds in the account or due to the provision of incorrect bank details, or if the licensee objects to the debit although he is not entitled to do so, the licensee must bear the fees incurred as a result of the chargeback from the respective bank if he is responsible for this . The licensor reserves the right to carry out a credit check when selecting the SEPA direct debit payment method and to reject this payment method if the credit check is negative.
4.9 If you select the PayPal direct debit payment method, PayPal will collect the invoice amount from the licensee's bank account after a SEPA direct debit mandate has been issued, but not before the deadline for the advance information has expired on behalf of the licensor. Pre-notification ("Pre-Notification") is any message (e.g. invoice, policy, contract) to the licensee that announces a debit by SEPA direct debit. If the direct debit is not redeemed due to insufficient funds in the account or due to the provision of incorrect bank details, or if the licensee objects to the debit although he is not entitled to do so, the licensee must bear the fees incurred as a result of the chargeback from the respective bank if he is responsible for this .t.
4.10 When selecting the "PayPal" payment method, the payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
5) Provision of Content
The content is provided exclusively in electronic form by e-mail or by download from the licensor's website.
6) Granting of Rights of Use
6.1 Unless otherwise stated in the content description in the licensor's online shop, the licensor grants the licensee the non-exclusive, local and temporally unrestricted right to use the provided content exclusively for private purposes.
6.2 A transfer of the content to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted unless the licensor has agreed to a transfer of the contractual license to the third party.
6.3 The granting of rights only becomes effective when the licensee has paid the contractually owed remuneration in full. The licensor can provisionally allow use of the contractual content even before this point in time. A transfer of rights does not take place through such a provisional permission.
7) Liability for Defects
The statutory liability for defects applies.
8) Governing Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
9) Alternative Dispute Resolution
9.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
9.2 The licensor is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
General terms and conditions with customer information
-------------------------------------------------- -----
Table of Contents
------------------
1. Scope
2. Conclusion of contract
3. Right of Withdrawal
4. Compensation
5. Release of Content
6. Grant of Rights of Use
7. Liability for Defects
8. Governing Law
9. Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of (
www.ralfchristophkaiser.com music and score Verlag e.K.
Koenigschaffhauserstr. 14C
79346 Endingen
Contact
Telephone: 0 76 42 - 92 88 20 8 E-mail: info@ralfchristophkaiser.com) (hereinafter "licensor") apply to all contracts for the delivery of data that is not on a physical data carrier, which is produced and made available in digital form (digital content) that a consumer or entrepreneur (hereinafter "licensee") concludes with the licensor with regard to the digital content presented by the licensor in his online shop. The inclusion of the licensee's own conditions is hereby contradicted, unless otherwise agreed.
1.2 The subject of the contract is the transfer of the digital content offered by the licensor to the licensee in electronic form, with the granting of certain rights of use that are more precisely regulated in these GTC.
1.3 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1 The content published in the Licensor's online shop does not constitute a binding offer on the part of the Licensor, but serves to enable the Licensee to submit a binding offer.
2.2 The Licensee can submit the offer via the online order form integrated in the Licensor's online shop. After placing the selected content in the virtual shopping cart and going through the electronic ordering process, the licensee submits a legally binding contract offer with regard to the content contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Licensor may accept the Licensee's offer within five days,
- by sending the licensee a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the licensee is decisive, or
- by leaving the ordered content to the licensee, whereby access by the licensee is decisive in this respect, or
- by asking the licensee to pay after placing his order.
If there are several of the above alternatives, the contract is concluded at the point in time when one of the above alternatives occurs first. If the licensor does not accept the licensee's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the licensee is no longer bound by his declaration of intent.
2.4 When selecting the payment method PayPal Express, the payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: PayPal), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement -full or - if the customer does not have a PayPal account, the conditions for payments without a PayPal account apply, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects PayPal Express as the payment method during the online ordering process, he/she also issues a payment order to PayPal by clicking the button that concludes the ordering process. In this case, the seller already declares acceptance of the customer's offer in deviation from section 2.3 at the point in time at which the customer triggers the payment process by clicking the button that concludes the order process.uslöst.
2.5 The period for accepting the offer begins on the day after the Licensee has sent the offer and ends at the end of the fifth day following the sending of the offer.
2.6 When submitting an offer via the licensor's online order form, the text of the contract will be saved by the licensor after the conclusion of the contract and sent to the licensee in text form (e.g. email, fax or letter) after the order has been sent. The licensor will not make the contract text accessible beyond this.
2.7 Before submitting the binding order via the online order form, the licensee can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the order is bindingly submitted and can also be corrected there using the usual keyboard and mouse functions.
2.8 Only the German language is available for the conclusion of the contract.
2.9 Order processing and contact are usually made via email and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the licensor can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the licensor or by third parties commissioned to process the order can be delivered.
3) Right of Withdrawal
Consumers are generally entitled to a right of withdrawal. More detailed information on the right of cancellation can be found in the licensor's cancellation policy.
4) Compensation
4.1 For the granting of rights to the respective content, the licensor receives a flat license fee, the amount of which results from the respective item description.
4.2 The prices specified by the licensor are total prices and include the statutory sales tax.
4.3 In the case of payments in countries outside the European Union, additional costs may arise in individual cases for which the licensor is not responsible and which must be borne by the licensee. These include, for example, costs for money transfers through credit institutions (e.g. transfer fees, exchange rate fees).
4.4 The Licensee has various payment options available, which are specified in the Licensor's online shop.
4.5 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.6 If you select a payment method offered via the "Shopify Payments" payment service, the payment will be processed by the payment service provider Shopify International Limited, Victoria Buildings, 2nd floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter: Shopify). The individual payment methods offered via Shopify are communicated to the licensee in the licensor's online shop. To process payments, Shopify can use other payment services for which special payment conditions may apply, to which the customer may be informed separately. Further information on "Shopify Payments" is available online at https://www.shopify.de/payments.r.
4.7 If the SEPA direct debit payment method is selected, the invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before the deadline for the advance information has expired. The direct debit is collected when the ordered content is sent to the licensee by e-mail or made available for download, but not before the deadline for the advance information has expired. Pre-notification ("Pre-Notification") is any notification (e.g. invoice, policy, contract) from the licensor to the licensee announcing a debit by SEPA direct debit. If the direct debit is not redeemed due to insufficient funds in the account or due to the provision of incorrect bank details, or if the licensee objects to the debit although he is not entitled to do so, the licensee must bear the fees incurred as a result of the chargeback from the respective bank if he is responsible for this .
4.8 If the SEPA direct debit payment method is selected, the invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before the deadline for the advance information has expired. The direct debit is collected when the ordered content is sent to the licensee by e-mail or made available for download, but not before the deadline for the advance information has expired. Pre-notification ("Pre-Notification") is any notification (e.g. invoice, policy, contract) from the licensor to the licensee announcing a debit by SEPA direct debit. If the direct debit is not redeemed due to insufficient funds in the account or due to the provision of incorrect bank details, or if the licensee objects to the debit although he is not entitled to do so, the licensee must bear the fees incurred as a result of the chargeback from the respective bank if he is responsible for this . The licensor reserves the right to carry out a credit check when selecting the SEPA direct debit payment method and to reject this payment method if the credit check is negative.
4.9 If you select the PayPal direct debit payment method, PayPal will collect the invoice amount from the licensee's bank account after a SEPA direct debit mandate has been issued, but not before the deadline for the advance information has expired on behalf of the licensor. Pre-notification ("Pre-Notification") is any message (e.g. invoice, policy, contract) to the licensee that announces a debit by SEPA direct debit. If the direct debit is not redeemed due to insufficient funds in the account or due to the provision of incorrect bank details, or if the licensee objects to the debit although he is not entitled to do so, the licensee must bear the fees incurred as a result of the chargeback from the respective bank if he is responsible for this .t.
4.10 When selecting the "PayPal" payment method, the payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
5) Provision of Content
The content is provided exclusively in electronic form by e-mail or by download from the licensor's website.
6) Granting of Rights of Use
6.1 Unless otherwise stated in the content description in the licensor's online shop, the licensor grants the licensee the non-exclusive, local and temporally unrestricted right to use the provided content exclusively for private purposes.
6.2 A transfer of the content to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted unless the licensor has agreed to a transfer of the contractual license to the third party.
6.3 The granting of rights only becomes effective when the licensee has paid the contractually owed remuneration in full. The licensor can provisionally allow use of the contractual content even before this point in time. A transfer of rights does not take place through such a provisional permission.
7) Liability for Defects
The statutory liability for defects applies.
8) Governing Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
9) Alternative Dispute Resolution
9.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
9.2 The licensor is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.