§ 1 Scope and provider
These General Terms and Conditions apply to all orders placed with
Concert Pianist Academy
Managing Director: Matthias Faerber
The download offer in our shop is aimed exclusively at buyers who have reached the age of 18 years.
Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions therefore also apply to all future business relations with companies, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer that contradict our general terms and conditions is already now contradicted.
The contract language is English.
§ 2 Conclusion of contract
The tutorial presentation in the online shop does not represent a binding application for the conclusion of a sales contract. Rather, it is a non-binding request to order tutorials in the online shop.
By clicking on the button [“Order now subject to payment”/”Buy”] you submit a binding purchase offer (§ 145 BGB). Immediately before placing this order, you can check the order again and correct it if necessary.
Only by activating the content or providing a link is the contract concluded.
§ 3 Prices
The prices stated on the product pages include the statutory value added tax and other price components.
§ 4 Terms of payment
Payment can be made by
The choice of the available payment methods is incumbent on us. In particular, we reserve the right to offer you only selected payment methods for the payment, for example only advance payment to secure our credit risk.
When paying by credit card, the purchase price is reserved on your credit card at the time of ordering (authorization). The actual charge to your credit card account will be made at the time we ship the goods to you.
§ 5 Delivery
Unless otherwise agreed, the goods shall be delivered by providing a link. A click on the download button starts the download to the storage medium of your choice.
It is the customer’s responsibility to provide suitable software that enables the files and content to be opened, edited and printed out properly.
§ 6 Cancellation policy
In the case that you are a consumer within the definition of § 13 BGB (German Civil Code), i.e. make the purchase for purposes which can predominantly neither be attributed to your commercial nor your self-employed professional activity, you have a right of revocation in accordance with the following provisions.
Right of Withdrawal
You have the right to revoke this contract within fourteen days without giving reasons. The withdrawal period shall be fourteen days from the date on which you have taken possession of the goods.
In order to exercise your right of revocation, you must
inform us by means of a clear statement (e.g. a letter or e-mail) of your decision to revoke this Agreement. You can use the attached model withdrawal form, which is not mandatory. In order to comply with the revocation period, it is sufficient for you to send the notification of exercising the right of revocation before the expiry of the revocation period.
Consequences of revocation
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund. We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier. You shall return or deliver the Goods to us or to us immediately and in any event no later than fourteen days from the date on which you notify us of the revocation of this Contract. The period shall be deemed to have been observed if you dispatch the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods which is not necessary for testing their condition, properties and functionality.
End of the revocation policy
A right of revocation expires according to § 356 para. 5 BGB in the case of a contract for the delivery of digital content not on a physical data carrier, if the entrepreneur has begun with the execution of the contract after the consumer has expressly agreed that the entrepreneur begins with the execution of the contract before the expiry of the revocation period and has confirmed his knowledge that he loses his right of revocation by his consent with the beginning of the execution of the contract.
§ 7 Liability
Unlimited liability: We are liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. In the event of slight negligence, we shall be liable for damages resulting from injury to life, limb and health of persons.
In addition, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of breach of a material contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability shall also apply in favour of our vicarious agents.
§ 8 Copyright and rights of use
All digital content provided by the seller is protected by copyright.
The customer acquires an unlimited, simple, non-transferable right of use exclusively for non-commercial use. The customer shall not be granted any exploitation rights. In particular, he may not distribute the acquired titles digitally or in printed form, in full or in part (§ 17 UrhG), make them publicly accessible (§ 19a UrhG) or pass them on to third parties in any other form. The right to reproduce (§ 16 UrhG) is limited to acts of reproduction which are exclusively for one’s own use.
The granting of the rights of use by the seller is subject to the condition precedent of full payment of the purchase price.
The user is not entitled to remove copyright notices, trademarks or other legal reservations from the goods.
The Seller shall be entitled to personalise digital content made available for download with visible and invisible markings individually in order to enable the identification and legal prosecution of the original purchaser in the event of misuse.
In the event of unauthorised use of the digital content by the purchaser or a third party, the purchaser undertakes to pay a contractual penalty per act of infringement to be determined by us at our reasonable discretion and, in the event of a dispute, to be reviewed by the competent court.
§ 9 Alternative dispute resolution
The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially resolve disputes in connection with their online order without the intervention of a court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/ .
We endeavour to settle any differences of opinion arising from our contract by mutual agreement. Furthermore, we are not obliged to participate in arbitration proceedings and unfortunately cannot offer you participation in such proceedings.
§ 10 Final regulations
Should one or more conditions of these GTC be or become invalid, this shall not affect the validity of the remaining conditions.
Contracts between us and you shall be governed exclusively by German law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Mandatory provisions of the country in which you usually reside shall remain unaffected by the choice of law.
If you are a merchant, a legal entity under public law or a special fund under public law, our place of business shall be the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.
Status: February 2019
Source: HÄRTING Rechtsanwälte, www.haerting.de, firstname.lastname@example.org, Chausseestraße 13, 10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4