Terms of service

General Terms and Conditions with Customer Information

Table of Contents

  1. Scope of Application

  2. Conclusion of Contract

  3. Right of Withdrawal

  4. Prices and Payment Terms

  5. Provision of Content

  6. Granting of Usage Rights

  7. Liability for Defects

  8. Applicable Law

  9. Alternative Dispute Resolution

1) Scope of Application

1.1

These General Terms and Conditions (hereinafter referred to as "GTC") of Bernhard Schopf, trading as "Musicmedia24" (hereinafter referred to as the "Seller"), apply to all contracts for the provision of digital content concluded between a consumer or entrepreneur (hereinafter referred to as the "Customer") and the Seller regarding the digital content described in the Seller's online shop.

The inclusion of the Customer's own terms and conditions is hereby rejected unless otherwise agreed.

1.2

A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or independent professional activity.

1.3

An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of Contract

2.1

The content presented in the Seller's online shop does not constitute legally binding offers by the Seller but serves as an invitation for the Customer to submit a binding offer.

2.2

For the musical rights relating to the music titles, the manufacturer GEERDES media e.K. pays the applicable licensing fees to the relevant collecting society.

Bernhard Schopf / Musicmedia24 is a licensed and registered reseller of GEERDES media e.K., Berlin.

2.3

The Customer may submit an offer via the online order form integrated into the Seller's online shop.

By placing the selected content into the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer regarding the content contained in the shopping cart by clicking the button that completes the order process.

Alternatively, the Customer may submit an offer by email or telephone.

2.4

The Seller may accept the Customer's offer within five days by:

  • sending the Customer a written order confirmation or a confirmation in text form (e.g., fax or email), whereby receipt by the Customer is decisive;

  • providing the ordered content to the Customer; or

  • requesting payment from the Customer after the order has been placed.

If several of the above alternatives occur, the contract is concluded at the time the first of these alternatives occurs.

The acceptance period begins on the day after the Customer submits the offer and ends at the close of the fifth day following submission.

If the Seller does not accept the Customer's offer within this period, the offer is deemed rejected and the Customer is no longer bound by their declaration.

2.5 PayPal Payments

If the Customer selects a payment method offered by PayPal, payment processing is carried out via:

PayPal (Europe) S.à r.l. et Cie, S.C.A.
22–24 Boulevard Royal
L-2449 Luxembourg

Payment processing is subject to PayPal's terms and conditions.

If the Customer pays using a PayPal payment method offered during checkout, the Seller hereby declares acceptance of the Customer's offer at the moment the Customer clicks the button completing the order process.

2.6

After conclusion of the contract, the contract text is stored by the Seller and transmitted to the Customer in text form (e.g., email, fax, or letter).

No further access to the contract text is provided by the Seller.

If the Customer has created a user account before submitting the order, the order data will be archived on the Seller's website and can be accessed free of charge via the password-protected customer account.

2.7

Before placing a binding order, the Customer can identify input errors by carefully reviewing the information displayed on the screen.

An effective technical means of detecting input errors may be the browser's zoom function.

The Customer may correct entries during the ordering process using standard keyboard and mouse functions until clicking the button that completes the order.

2.8

The contract language is German.

2.9

Order processing and communication generally take place via email and automated order processing.

The Customer must ensure that the email address provided is correct and capable of receiving emails sent by the Seller.

In particular, when using spam filters, the Customer must ensure that emails sent by the Seller or third parties commissioned by the Seller can be delivered.

3) Right of Withdrawal

Consumers generally have a statutory right of withdrawal.

Further details regarding the right of withdrawal can be found in the Seller's Cancellation Policy.

4) Prices and Payment Terms

4.1

All prices stated by the Seller are total prices and include statutory VAT where applicable.

4.2

For payments made from countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer.

These may include, for example:

  • bank transfer fees;

  • currency conversion charges;

  • fees charged by financial institutions.

4.3

The available payment methods are specified in the Seller's online shop.

4.4

If payment by advance bank transfer has been agreed, payment is due immediately upon conclusion of the contract unless otherwise agreed by the parties.

4.5 Shopify Payments

If a payment method offered through Shopify Payments is selected, payment processing is carried out by:

Stripe Payments Europe Ltd.
1 Grand Canal Street Lower
Grand Canal Dock
Dublin
Ireland

The individual payment methods available through Shopify Payments are displayed in the Seller's online shop.

Stripe may use additional payment service providers for payment processing, whose specific terms may apply.

Further information about Shopify Payments is available at:

https://www.shopify.com/legal/terms-payments

4.6 Klarna

If a payment method offered by Klarna is selected, payment processing is carried out by:

Klarna Bank AB (publ)
Sveavägen 46
111 34 Stockholm
Sweden

Further information and Klarna's terms and conditions can be found in the Seller's payment information section.

5) Provision of Content

Digital content shall be provided to the Customer as follows:

  • By download via the customer account; or
  • By email (either as an attachment or via a download link).

6) Granting of Usage Rights

6.1

Unless otherwise stated in the content description within the Seller's online shop, the Seller grants the Customer a non-exclusive right to use the provided content for both private and commercial purposes.

6.2

Without the prior written consent of Musicmedia24 – Bernhard Schopf, the Customer is not entitled to:

  • use, reproduce, or distribute the music titles in any manner other than that technically described in Section 4.2;
  • rent, lease, share, or otherwise permit third parties to use the music titles;
  • reproduce or distribute adaptations and arrangements created by the Customer using the supplied music titles, including film music, multimedia works, or similar productions;
  • alter or remove copyright notices, legal reservations, serial numbers, or any other identifying features contained within the data.

6.3

The transfer of content to third parties or the creation of copies for third parties outside the scope of these Terms and Conditions is not permitted unless the Seller has expressly consented to the transfer of the contractual license to the third party.

6.4

Where the contract relates to the one-time provision of digital content, the granting of usage rights shall only become effective once the Customer has paid the contractually agreed remuneration in full.

The Seller may provisionally permit use of the contractual content before full payment has been received. Such provisional permission does not constitute a transfer of rights.

7) Liability for Defects

The statutory provisions governing liability for defects shall apply.

8) Applicable Law

All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG).

For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.

9) Alternative Dispute Resolution

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