Terms of conditions with customer information
Table of Contents
As shown in Fig.
1. Scope of application
2. Conclusion of contract
5. Transfer of the contents
6. Granting of usage rights
7. Liability for defects
8. Applicable law
9. Information on online dispute resolution
1) Scope of application
1.1 These General Terms and Conditions of Business (hereinafter referred to as „General Terms and Conditions“) of Norbert Gerhold (hereinafter referred to as „Licensor“) shall apply to all contracts for the supply of data not made on a physical medium, A consumer or entrepreneur (hereinafter „licensee“) with the licensor with regard to the digital content presented by the licensor in his online shop. This is without prejudice to the inclusion of the licensee’s own conditions, unless otherwise agreed.
1.2 The subject matter of the contract is the provision of the digital content offered by the licensor to the licensee in electronic form, granting certain rights of use, which are more precisely regulated in these terms and conditions.
1.3 Consumers within the meaning of these General Terms and Conditions shall be any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. Entrepreneurs within the meaning of these General Terms and Conditions is a natural or legal person or a legal person who is acting in the course of a legal transaction in the exercise of his 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 by the licensor, but serves to provide a binding offer by the licensee.
2.2 The licensee may submit the offer via the online order form integrated into the online shop of the licensor. After the selected content has been placed in the virtual shopping cart and the electronic ordering process has been completed, the licensee releases a legally binding contract offer with regard to the content contained in the shopping basket by clicking the button closing the order process.
2.3 The licensor may accept the offer of the licensee within five days,
– by submitting to the licensee a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the access of the order confirmation to the licensee is decisive, or
– by assigning to the licensee the ordered contents, whereby access to the licensee is relevant, or
– by requesting the licensee to make payment after submitting his order.
If several of the above alternatives are present, the contract comes into force at the time when one of the above alternatives occurs first. If the licensor does not accept the offer of the licensee within the aforementioned deadline, this shall be deemed to be a rejection of the offer with the consequence that the licensee is no longer bound by his consent.
2.4 The time limit for the acceptance of the offer begins on the day after the submission of the offer by the licensee and ends with the expiry of the fifth day following the submission of the offer.
2.5 When submitting an offer via the online order form of the licensor, the license text is stored by the licensor and sent to the licensee in text form (eg e-mail, fax or letter) after sending his order together with these terms. In addition, the contract text is archived on the website of the licensor and can be accessed free of charge by the licensee via his password-protected user account, indicating the corresponding login data provided that the licensee has created a user account in the online shop of the licenser before sending his order.
2.6 Prior to binding the order via the online order form, the licensee can correct his / her inputs continuously using the usual keyboard and mouse functions. In addition, all entries are displayed once again in a confirmation window before the binding delivery of the order and can also be corrected there using the usual keyboard and mouse functions.
2.7 Only the German and English language is available for the conclusion of the contract.
2.8 Order processing and contacting are generally carried out by e-mail and automated order processing. The customer has to ensure that the e-mail address specified by him for order processing is correct so that the e-mails sent by the licensor can be received at this address. In particular, the customer shall be responsible for the use of SPAM filters ensure that all e-mails sent by the licensor or by a third party commissioned by the licensing department can be sent to the third party.
All products ordered through beats.getlifted.de will be delivered immediately after purchase to the email you provide during checkout. All sales are final; refunds / returns are not accepted due to the nature of our products (digital product (pdf), sample packs, wav files, software).
4.1 The licensor receives a lump sum license fee for the granting of rights to the respective contents, the amount of which is shown in the respective article description.
4.2 The prices stated by the licensor are total prices Statutory value-added tax.
4.3 In the case of payments in countries outside the European Union, additional costs may arise which are not the responsibility of the licensor and which are to be borne by the licensee. This includes, for example, costs for the transfer of money by credit institutions (eg transfer fees, exchange rate fees) .
4.4 Various payment options are available to the licensee, which are specified in the licenser’s online shop.
4.5 When selecting the „PayPal“ payment method, payment processing takes place via the payment service provider PayPal (Europe) S.à rl Et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Service, can be viewed at https://www.paypal.com/en/webapps/mpp/ua/useragreement-full.
Learning of the content takes place exclusively in electronic form by e-mail or by download from the website of the licensor.
6) Granting of usage rights
6.1 Unless otherwise specified in the content description in the online shop of the licensor, the licensor grants the licensee The right to use the contents provided for private or business purposes to the content that has been given the non-exclusive, locally and temporally unlimited rights.
6.2 The transfer of the contents to third parties or the making of copies for third parties outside the scope of these terms and conditions is not permitted as far as The licensor has not consented to a transfer of the contractual license to the third party.
6.3 The granting of the rights becomes effective only if the licensee has paid the contractually compensated remuneration in full. The Licensor may provisionally allow the use of the content of the contract even before this date. A transfer of the rights does not take place by such provisional permission.
7) Liability for Defects There is the statutory liability for defects
8) Applicable law For all legal relations of the parties, the law of the Federal Republic of Germany applies under the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice is valid only in so far as the protection afforded is not removed by mandatory provisions of the law of the country in which the consumer is habitually resident.
9) Information on online dispute resolutionThe EU Commission is available on the Internet under the following link Platform for on-line dispute settlement: http://ec.europa.eu/consumers/odrThis platform serves as a point of departure for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.