Terms and Conditions with customer information
Table of contents
1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Provision of content
6. Granting of rights of use
7. Liability for defects
8. Special conditions for the processing of digital content according to specific customer specifications
9. Applicable law
10. Alternative dispute resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter “GTC”) of Creator Music,
trading under “Creator Music” (hereinafter “Entrepreneur”), apply to
all contracts for the provision of data that are created and provided in digital form (digital
content), which a consumer or entrepreneur (hereinafter “customer”) concludes with the entrepreneur regarding the digital content described by the entrepreneur in his online shop.
The inclusion of the customer’s own conditions is hereby contradicted, unless something else has been agreed.
1.2 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.
1.3 Entrepreneur within the meaning of these GTC 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 described in the entrepreneur’s online shop does not constitute a
binding offer on the part of the entrepreneur, but serves to enable the customer to submit a binding offer.
2.2 The customer can submit the offer via the online order form integrated in the entrepreneur’s online shop. The customer gives after he
selected content in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button that concludes the ordering process, submits a legally binding contract offer with regard to the content contained in the shopping cart.
2.3 The entrepreneur can 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), in which case receipt of the order confirmation by the customer is decisive, or – by making the ordered content available to the customer, or – by sending the customer after submitting his order to pay.
If there are several of the above alternatives, the contract is concluded at the point in
time at which one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer. If the entrepreneur does not accept the customer’s offer within the aforementioned period, this is 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 If you select a payment method offered by PayPal, the payment will be
processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), under the validity of 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 – under the conditions for payments without a PayPal account, can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax- full. If the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer’s offer at the time the customer clicks on the button that completes the ordering process.
2.5 If the payment method “Amazon Payments” is selected, the payment will be processed via the payment service provider Amazon Payments Europe sca, 38 avenue John F.
Kennedy, L-1855 Luxembourg (hereinafter: “Amazon”), under the terms of the Amazon Payments Europe User Agreement, available at https://payments.amazon.de/help/ Privatkunden/Nutzungsvertrag- Guidelines /User Agreement. If the customer selects “Amazon Payments” as the payment method during the online ordering process, by clicking the button that concludes the ordering process, he also issues a payment order to Amazon. In this case, the entrepreneur already declares acceptance of the customer’s offer at the point in time at which the licensee triggers the payment process by clicking the button that concludes the order process.
2.6 When submitting an offer via the entrepreneur’s online order form, the text of the contract is saved
by the entrepreneur after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. The entrepreneur does not make the contract text accessible beyond this.
2.7 Before submitting a binding order via the entrepreneur’s online order form, the customer can
identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.
2.8 Only the American language is available for the conclusion of the contract.
2.9 The order processing and contact usually takes place via 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 entrepreneur can be received at this address.
In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the company or by third parties commissioned to process the order can be delivered.
3) Right of Withdrawal
In principle, consumers are entitled to a right of withdrawal. Further information on the right of withdrawal can be found in the entrepreneur’s instructions on withdrawal.
4) Prices and terms of payment
4.1 The prices given by the entrepreneur are total prices and include the statutory sales tax.
4.2 For payments in countries outside the European Union, additional costs may arise in individual cases for which the entrepreneur is not responsible and which are to be borne by the customer. These include, for example, costs for money transfers through credit institutions (e.g. transfer fees, exchange rate fees).
4.3 The payment options are specified in the entrepreneur’s online shop.
4.4 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.
4.5 If a payment method offered via the “PayPal” payment service is selected, the payment is processed via PayPal, whereby PayPal is also the service provider for this
third party payment service provider can serve. If the seller also offers payment methods via PayPal in which he pays the customer in advance (e.g.
Purchase on account or payment by installments), he assigns his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the selected payment method in the event of a negative test result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, he can only pay to PayPal or the payment service provider commissioned by PayPal with debt- discharging effect. However, even if the claim is assigned, the seller remains responsible for general customer inquiries, e.g. B. to the goods, delivery time, shipment, returns, complaints, cancellation declarations and shipments or credits.
5) Delivery of Content
Digital Content is provided to Customer as follows:
– by e-mail – by download
6) Granting of Rights of Use
6.1 Unless otherwise stated in the content description in the entrepreneur’s online shop, the entrepreneur grants the customer the non-exclusive, local and temporally unrestricted right to use the content for private and commercial purposes.
6.2 Passing on the content to third parties or making copies for third parties outside the scope of these GTC is not permitted unless the entrepreneur has agreed to a transfer of the contractual license to the third party.
6.3 Insofar as the contract relates to the one-time provision of digital content, the granting
of rights only becomes effective when the customer has paid the contractually owed remuneration in full. The entrepreneur can provisionally allow the use of the contractual content even before this point in time. A transfer of rights does not take place through such a provisional permission
instead of.
7) Liability for defects
The statutory liability for defects applies.
8) Special conditions for processing digital content according to specific customer specifications
8.1 If, according to the content of the contract, the entrepreneur owes not only the provision of digital content but also its processing according to specific specifications of the customer, the customer must provide the entrepreneur with all content required for processing such as texts, images or graphics in the file formats, formatting, to make image and file sizes available and to grant him the necessary rights of use. The customer is solely responsible for the procurement and the acquisition of rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the entrepreneur. In particular, he ensures that no rights of third parties are violated, in particular copyrights, trademarks and personal rights.
8.2 The customer shall indemnify the entrepreneur against claims by third parties which these
may assert against the entrepreneur in connection with a violation of their rights through the contractual use of the customer’s content by the entrepreneur. The customer also assumes the necessary costs of legal defense, including all court and attorney’s fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the entrepreneur without delay, truthfully and completely with all information that is necessary for the examination of the claims and a defense.
8.3 The entrepreneur reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth- endangering and/or violence-glorifying content.
9) 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 is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
10) Alternative Dispute Resolution
10.1 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.
10.2 The entrepreneur is not obliged to participate in a dispute settlement procedure before a consumer arbitration board, but is willing to do so.