General Terms and Conditions (version 11.08.2009)
Counterparties are 'Casa musica Wegewitz & Güldner GmbH & Co.KG' (hereinafter referred to as ’Casa musica’),
Leopoldstraße 48-50, 40211 Düsseldorf (Düsseldorf Local District Court HRA 13477 / HRB 26947) and the customer.
2.1 To become a Casa musica customer and be able to use Casa music download services, it is necessary that you register with Casa musica. The customer must be of legal age in order to qualify for registration.
2.2 You can register at: www.casa-musica-shop.de. Registration is free of charge. The customer is required to select a password when registering.
3. SUBJECT MATTER OF CONTRACTUAL RELATIONS
3.1 By registering, the customer irrevocably recognises the validity of these T&Cs. Any and all opposing or diverging conditions of the customer shall be excluded.
3.2 These T&Cs in the version applicable at the time of formation of the agreement, shall apply exclusively to all relations between Casa musica and the customer, in other words to the registration and to Casa musica services.
3.3 Casa musica owns all copyright to its own tracks offered in the download shop, and shall be entitled to legally sell the third-party tracks offered.
4. CASA MUSICA ACCOUNT
4.1 After completing registration via www.casa-musica-shop.de, the customer shall receive his own Casa
musica account for an indefinite period.
4.2 By setting up the Casa musica account at www.casa-musica-shop.de, the customer shall be entitled to use and manage the services offered by the site.
4.3 The customer may terminate his Casa musica account at any time by forwarding written notice of termination to Casa musica.
4.4 The Casa musica account shall be subject to termination by Casa musica at any time via post or email and observing a notice period of two weeks. The parties shall reserve the right to extraordinary termination of the Casa musica account for good cause.
4.6 The transfer of a Casa musica account to a third party is not permitted.
5. RIGHT OF WITHDRAWAL
5.1 If he is a consumer, the customer may withdraw his order within a month in writing (e.g. email, fax or letter) without stating the reasons. The deadline shall begin after receipt of said notification in writing, but in any case not before the conclusion of the contract and also not before discharge of the information obligations on the part of Casa musica pursuant to §§ 312 c. Para. 2 of the German Civil Code, § 1 Paras. 1, 2, 4 BGB (German Civil Code) Info V and the obligations pursuant to §§ 312e. Para. 1 Sentence 1 of the German Civil Code, § 3 of the BGB (German Civil Code)-Info V. The withdrawal period shall be deemed observed if notice of withdrawal is given within this period.. The withdrawal must be sent to:
Casa musica Wegewitz & Güldner GmbH & Co.KG
Leopoldstr. 48-50, DE-40211 Düsseldorf / Germany
Tel.: ++49(0)211 17 92 17-0
Fax: ++49(0)211 17 92 17-17
5.2 In the event of an effective withdrawal, the services received by either party shall be returned and any applicable
benefits drawn such as interest shall be issued. Where the customer is not able to return the service received in whole or in part or only in worse condition, he may be obliged in this respect to pay compensation for lost value. Obligations to refund payments shall be discharged within 30 days. The period of withdrawal shall begin for the customer upon dispatch of his notification of withdrawal, for Casa musica upon receipt thereof.
5.3 In the case of a service, the customer’s right of withdrawal shall become void earlier than its scheduled date if Casa musica has begun to implement the service with the explicit consent of the customer before the end of the withdrawal period and the customer has authorised this himself.
5.4 In the case of a goods delivery, there shall be no right of withdrawal pursuant to § 312d Para. 4 No. 1 of the German Civil Code if, due to their condition, the goods are not suitable for return.
6. RIGHTS OF EXPLOITATION
6.1 The music titles offered are copyrighted or otherwise protected works. The downloads purchased may be used within the framework of the German Copyright Act.
6.2 The rights of exploitation assigned by the relevant download agreement may not be transferred to third parties. It is prohibited to make songs purchased from Casa musica accessible or available to third parties on the Internet or other electronic networks such as file sharing networks. They shall not be entitled to use the songs for commercial purposes. Commercial use refers, in particular, to duplication (e.g. on a CD, USB stick and similar) or entry in a different download portal in return for fees.
Additionally, use for films/videos (VHS-DVD-Blue Ray) produced for sale, as background music and similar, shall be prohibited.
6.3 Furthermore, the playing of music downloads in dance schools, dance associations or other events organised in connection with music shall be permitted. The songs may therefore be used for teaching, training, gymnastics and entertainment purposes.
6.4 The GEMA fees to be paid for such performances shall be paid separately by the relevant operator and are not contained in the purchase price.
7. SYSTEM REQUIREMENTS
7.1 Tracks on www.casa-musica-shop.de shall be made available in MP3 format. To download said tracks a computer with a Windows operating system (Windows 2000 or higher) and a Web browser (Internet Explorer, Firefox, Safari, Opera, Google Chrome) is required. It is recommended to update all browsers to the latest version.
7.2 To play the downloads on a PC, the customer requires a sound card and a corresponding playback software such as Windows Media Player.
7.3 No specific system requirements are required for use on a commercially available MP3 player.
8. PRICES, TERMS OF PAYMENT AND DEFAULT
8.1 The prices for the relevant songs may be found at www.casa-musica-shop.de. Said prices are gross prices, in other words including German value-added tax (VAT). A waiver of the VAT at the time of purchasing, or subsequent return of VAT for customers from Non-EU countries is not possible, because digital goods cannot be treated as physical goods in terms of duties or tax. The same applies to customers from EU countries with a value-added tax identification number which is valid in their country. Furthermore, costs for the Internet connection required for using the offer may be incurred.
8.2 Payment shall be made via the payment provider G2S using a credit card or through instant bank transfer. After payment has been made, the songs shall be made available for downloading on three occasions.
8.3 The customer shall be obliged to pay the fees that arise due to third-party users or co-users. The same also applies to improper use, unless the customer proves that he cannot be accused of a breach of obligation.
8.4 Where the customer is in arrears, Casa musica shall be entitled to demand default interest of five percentage points above the annual base lending rate announced by the German Bundesbank. If it can be proven that Casa musica has suffered greater damage caused by default, Casa musica shall be entitled to plead said damage.
9. SET-OFF AND RETENTION
The customer shall be entitled to set-off only if his counterclaims have a legal basis or are not contested by Casa
musica. Furthermore, the customer shall be authorised to exercise a right of retention insofar as his
counterclaim is based on the same contractual relationship.
10. OBLIGATIONS ON THE PART OF THE CUSTOMER
10.1 The customer shall be responsible for entering his details correctly. If a Casa musica account has already been set up for the customer, the customer shall be required to adjust his customer profile immediately at: www.casa-musica-shop.de whenever his details are changed. If this is not possible, the customer shall notify Casa musica thereof via post or by email to one of the addresses specified at www.casa-musica-shop.de.
10.2 The customer shall not be permitted to pass his password on to third parties in order to use the Casa musica account and shall be required to store said password safely so as to prevent third parties from accessing it. If it is suspected that unauthorised parties have accessed the password, the customer shall change the password immediately at www.casa-musica-shop.de. In digital media, the password may be stored only in encrypted form.
10.3 The customer shall ensure that minors may only use Casa musica services with its express consent. In that connection, the registered customer shall continue to be the counterparty.
11. BREACH OF CUSTOMER OBLIGATIONS AND RIGHTS OF THIRD PARTIES BY THE CUSTOMER
11.1 In the case of substantial breaches of the obligations imposed on the customer, Casa musica shall be entitled to block the Casa musica account. Casa musica shall notify the customer of the reason for blocking the account. The block shall continue to be in effect until the breach of obligation has been remedied and/or the customer has shown credibly that he shall refrain from future breaches of obligation. If considerable breach of obligation is suspected, Casa musica shall be entitled to block the Casa musica account or individual Casa music services until such time as the suspicion has been cleared.
11.2 Casa musica shall not be liable for damage resulting from a breach of obligation for which the customer is responsible and
which could have been prevented if the obligations had been discharged.
11.3 In case of breach of third-party rights for which he is responsible, the customer shall be liable towards said third parties themselves and directly. In the case of legitimate claims of third parties due to such breach, the customer shall be obliged to indemnify Casa musica, unless he proves that he is not responsible for the breach of obligation causing the damage.
12. LIABILITY OF CASA MUSICA
12.1 In case of deliberate intent or gross negligence, Casa musica shall assume liability without limitation for all damage attributable thereto.
12.2 In case of simple negligence, Casa musica shall be liable without limitation in the event of breach of life, limb or health. Once Casa musica has defaulted with its service through simple negligence or it has become impracticable or a material obligation has been breached, liability for material damage and financial loss shall be limited to the foreseeable damage typical of this type of agreement. A material obligation is which, by dint of its fulfilment, ensures the proper implementation of the contract and breach thereof would compromise the purpose of the agreement and on whose observance the customer may rely.
12.3 Liability for all other damage shall be excluded, notably for data losses or hardware malfunctions which are caused by the incompatibility of the components on the customer’s PC system with the new hardware and software or hardware and software to be changed which may arise due to existing misconfigurations or older, disruptive, partially removed drivers.
12. 4 Liability according to the provisions of the Product Liability Act shall remain unaffected.
13. OTHER PROVISIONS
13.1 The law of the Federal Republic of Germany without recourse to the UN Convention on the International Sale of Goods as well as the conflict of laws of International Privacy Law shall apply.
13.2 Should any of the Terms of Agreement of these T&Cs be or become ineffective or void, this shall not affect the validity of the remaining Terms of Agreement.