General Terms and Conditions with Customer Information

General Terms and Conditions with Customer Information

Table

  1. Scope
  2. Contract
  3. Withdrawal
  4. Prices and terms of payment
  5. Terms of delivery and shipping
  6. Granting of rights of use for digital content
  7. Ownership
  8. Liability for defects (guarantee)
  9. Special conditions for the processing of goods according to certain requirements of the customer
  10. Redemption of promotional vouchers
  11. Redemption of gift vouchers
  12. Applicable law
  13. Jurisdiction
  14. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as “Terms”) of MI4X Music & IT Solutions UG (limited liability) (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller with respect to the goods presented by the Seller in his online shop. This shall not allow the customer’s own terms and conditions to be included, unless otherwise agreed.

1.2 These GtC apply accordingly to contracts for the delivery of digital content, unless otherwise expressly stipulated in this respect.

1.3 These GtC apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly stipulated in this respect.

1.4 For the purposes of these GtC, a consumer is any natural person who concludes a legal transaction for purposes which cannot be attributed primarily to his commercial or independent professional activity. Entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal effect which, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.

1.5 Digital content within the meaning of these GtC means all data not on a physical medium, which are produced in digital form and provided by the Seller, granting certain rights of use more precisely regulated in these GTC.

2) Conclusion of the contract

2.1 The product descriptions contained in the seller’s online shop do not constitute binding offers on the part of the seller, but serve to make a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the seller’s online shop. After the customer has placed the selected goods in the virtual shopping cart and went through the electronic ordering process, by clicking the button that concludes the ordering process, the customer makes a legally binding contract offer with respect to the goods contained in the shopping cart.

2.3 The Seller may accept the Customer’s offer within five days,

  • by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), wherein that the receipt of the order confirmation by the customer is decisive, or
  • by supplying the ordered goods to the customer, in so far as the receipt of the goods by the customer is decisive, or
  • by asking the customer to pay after placing his order.

If several of the above alternatives are available, the contract shall be concluded at the time when one of the above alternatives first occurs. The period for acceptance of the offer begins to run on the day after the customer has sent the offer and ends at the end of the fifth day following the dispatch of the offer. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.

2.4 When submitting an offer via the Seller’s online order form, the text of the contract will be stored by the Seller after the conclusion of the contract and will be sent to the Customer in text form (e.g. e-mail, fax or letter) after sending his order. The seller will not make the text of the contract available in addition. If the customer has set up a user account in the seller’s online shop before sending his order, the order data will be archived on the seller’s website and can be accessed free of charge by the customer via his password-protected user account, stating the corresponding login data.

2.5 Prior to the binding submission of the order via the seller’s online order form, the customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the magnification function of the browser, which is used to increase the appearance on the screen. As part of the electronic ordering process, the customer can correct his entries via the usual keyboard and mouse functions until he clicks on the button that completes the ordering process.

2.6 The German and English languages are available for the conclusion of the contract.

2.7 Order processing and contact ingestion usually take place by e-mail 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 seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by the seller responsible for the order processing can be delivered.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller’s cancellation policy.

4) Prices and terms of payment

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices that include the statutory value added tax. If necessary, additional delivery and shipping costs will be specified separately in the respective product description.

4.2 The payment option/s will be communicated to the customer in the seller’s online shop.

4.3If a payment method is selected through the payment service “Shopify Payments”, payment is processed through the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Shopify Payments will be communicated to the customer in the seller’s online shop. For the processing of payments, Stripe may use other payment services, which may be subject to special payment terms, to which the customer may be informed separately. Further information on “Shopify Payments” is available on the Internet at https://www.shopify.com/legal/terms-payments-de.

4.4If you select the payment method credit card via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment is processed through the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (‘Stripe’). Stripe reserves the right to carry out a credit check and to reject this payment method in the event of a negative credit check.

5) Terms of Delivery and Shipping

5.1 The delivery of goods takes place by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller’s order processing shall prevail.

5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs of the dispatch if the customer effectively exercises his right of withdrawal. In the event of an effective exercise of the right of withdrawal by the customer, the provisions made in the seller’s revocation instructions shall apply to the return costs.

5.3 Self-collection is not possible for logistical reasons.

5.4 Digital content is provided to the customer exclusively in electronic form as follows:

– by e-mail

5.5 Vouchers are given to the customer as follows:

  • via download
  • by e-mail

6) Granting of rights of use for digital content

6.1 Unless otherwise stated in the content description in the Seller’s online shop, the Seller grants the Customer the non-exclusive, local and temporally unlimited right to use the content provided for private as well as for business purposes.

6.2 A transfer of the contents to third parties or the production of copies for third parties outside the scope of these GTC is not permitted, unless the seller has agreed to a transfer of the license in the contract to the third party.

6.3 The granting of rights shall only take effect once the customer has paid the contractually owed remuneration in full. The Seller may also provisionally permit the use of the contractual content before this date. Such a transitional right does not take place.

7) Retention of title

If the seller is in advance, he reserves the title to the delivered goods until full payment of the purchase price owed.

8) Liability for defects (guarantee)

8.1 If the purchased item is defective, the provisions of the statutory liability for defects apply.

8.2 If the customer acts as a consumer, he is asked to complain to the delivery company about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.

9) Special conditions for the processing of goods according to certain requirements of the customer

9.1If, according to the content of the contract, the seller owes not only the delivery of the goods but also the processing of the goods according to certain specifications of the customer, the customer must provide the seller with all the content required for the processing, such as texts, images or graphics, in the file formats, formatting, image and file sizes specified by the seller, and shall grant him the necessary rights of use for this purpose. The customer is solely responsible for the procurement and acquisition of rights in these contents. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, it shall ensure that no rights of third parties are infringed, in particular copyright, trademark and personal rights.

9.2 The customer informs the seller of claims of third parties, which they can assert against them in connection with a violation of their rights by the contractual use of the contents of the customer by the seller. The customer shall also bear the reasonable costs of the necessary legal defense, including all legal and legal fees in the statutory amount. This does not apply if the infringement is not the customer’s foregone action. In the event of a claim by third parties, the customer is obliged to provide the Seller immediately, truthfully and completely with all the information necessary for the examination of the claims and a defence.

9.3 The Seller reserves the right to refuse processing orders if the contents provided by the Customer violate legal or official prohibitions or morality. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, endangering and/or violent content.

10) Redemption of promotional vouchers

10.1 Vouchers issued free of charge by the Seller in the context of promotions with a certain period of validity and which cannot be purchased by the Customer (hereinafter referred to as “Promotional Vouchers”) can only be redeemed in the Seller’s online shop and only within the specified period.

10.2 Individual products may be excluded from the voucher promotion, provided that a corresponding restriction results from the content of the promotional voucher.

10.3 Promotional vouchers can only be redeemed before the completion of the ordering process. Subsequent clearing is not possible.

10.4 When placing an order, several promotional vouchers can also be redeemed.

10.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

10.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller may be chosen to settle the difference.

10.7 The balance of a promotional voucher will not be paid out in cash or interest.

10.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.

10.9 The Promotional Voucher is intended for use only by the person named on it. A transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obligated, to check the material eligibility of the respective voucher holder.

11) Redemption of gift vouchers

11.1 Vouchers that can be purchased through the Seller’s online shop (hereinafter referred to as “Gift Vouchers”) can only be redeemed in the Seller’s online shop, unless otherwise stated in the Voucher.

11.2 Gift vouchers and remaining credits of gift vouchers are redeemable until the end of the third year after the year of the voucher purchase. Remaining credits will be credited to the customer by the expiry date.

11.3 Gift vouchers can only be redeemed before the completion of the ordering process. Subsequent clearing is not possible.

11.4 When placing an order, several gift vouchers can also be redeemed.

11.5 Gift Vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

11.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller may be chosen to settle the difference.

11.7 The balance of a gift voucher is neither paid out in cash nor interest-

11.8 The Gift Voucher is intended for use only by the person named on it. A transfer of the gift voucher to third parties is excluded. The seller is entitled, but not obligated, to check the material eligibility of the respective voucher holder.

12) Applicable law

The law of the Federal Republic of Germany shall apply to all legal relations of the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law applies only to the extent that the protection afforded is not deprived by mandatory provisions of the law of the country in which the consumer is habitually resident.

13) Place of jurisdiction

If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer has his registered office outside the territory of the Federal Republic of Germany, the place of business of the seller is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the customer. However, in the above cases, the Seller is entitled in any case to appeal to the court at the customer’s registered office.

14) Alternative Dispute Resolution

14.1 The European Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

14.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

 
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