§ 1 Contract Conclusion
GEERDES media e.K. (in the following 'GEERDES') offers to provide its customers with music titles in the form of Midifiles and MP3 Playbacks (instrumental songs without singer in the MP3 audio format). Both called SONGS in the following.
As soon as the customer transmits the order, whether as a mailorder, by direct download, he/she orders the selected SONGS pursuant to the contractual terms and conditions set out below. This shall also apply to orders by phone or conventional mail.
Please read these terms and conditions carefully before going ahead with the order. By ordering SONGS offered by the firm GEERDES the customer declares that he/she has read, and agrees to, the General Terms and Conditions.
The presentations and descriptions of SONGS on the internet and in product specifications are no warranted qualities. The customer is aware of the technical options and conditions of using SONGS. On request GEERDES will communicate additional technical details.
As regards the musical rights to the SONGS, GEERDES pays the royalties due to GEMA (Society for Musical Performing Rights and Mechanical Reproduction Rights).
§ 2 Scope of Validity
The business relations between GEERDES and the ordering party shall be exclusively governed by the following General Term and Conditions as last amended at the time when the order is placed. GEERDES will not accept any different conditions on the part of the ordering party except if GEERDES has expressly consented to their applicability in writing.
§ 3 Warranty
GEERDES warrants that the SONGS can be used on all computers/players that support the standard MIDI formats MF-0 and MF-1 and the sound formats GM, GS or XG. GEERDES does not warrant for the suitability of the SONGS for the purposes envisaged by the customer. Moreover, GEERDES warrants that the SONGS originally sent from GEERDES's computer to the internet have no program faults. As regards any transmission faults on the internet, GEERDES does not assume any warranty.
GEERDES does not warrant that the texts supplied along with, and the lyrics embedded in, the SONGS are correct or free from errors, given that they constitute a free extra service performed by GEERDES.
GEERDES may give warranty by way of subsequent improvement. At GEERDES's election it may do so either by providing new files or reworking the existing ones.
Should such subsequent improvement fail finally and clearly after several attempts despite an adequate cut-off period having been fixed in writing, the customer shall have the right to reduce the price or reverse the contract. As regards claims for damages, § 9 shall apply.
The customer shall be obligated to promptly examine the SONGS on receipt and to complain about apparent defects in writing (including e-mail) within one week, describing such defects in detail.
§ 4 Rights of Use
The customer shall be granted a non-exclusive right of use to the SONGS, unlimited in time, on the scale described below. As between the contracting parties, any rights of use not explicitly stated shall otherwise remain with GEERDES.
The customer shall be entitled to use the SONGS on any computer/player technically suited for the purpose. However, at any given point in time the SONGS may only be used by one person on one computer/player and never simultaneously on two or more computers/players, no matter whether by the same customer or different persons. The right of use shall solely apply to the original data record of the downloaded/supplied SONGS.
The customer may produce a backup copy of SONGS; which must not be used at the same time as the original data though.
Except with GEERDES's prior written consent the customer shall not be entitled to use, reproduce and disseminate the SONGS in any way other than that technically described in § 4.2;
- to lease the SONGS, use them jointly with third parties or otherwise permit third-party use;
- to reproduce and disseminate altered versions and arrangements produced by the customer (including film music and multi-media works);
- to change or remove the notes concerning copyrights and other rights reserved, serial numbers or other features serving data identification as are contained in the data;
- to pass the SONGS on to any third parties unless the customer ceases to use the files with final effect, not retaining any copy thereof.
- when aquired digitally (download) to pass the SONGS on to any third parties for commercial purposes (resale).
GEERDES explicitly draws the customer's attention to the fact that the uses listed below need to be reported and paid for to GEMA and/or require the approval of the respective holder of the right to the music titles (notably GEMA):
- performing, broadcasting, publicly reciting the music titles or making them otherwise accessible to third parties;
- producing, executing, broadcasting or otherwise publicly reciting altered versions and arrangements thereof (including film music, multi-media works, etc.).
If the customer's use of the SONGS does not conform to the requirements set out with regard to the rights of use specified herein and if GEERDES's protected rights are infringed thereby, GEERDES shall be entitled to charge the double price for the SONGS concerned as minimum damages, without being required to furnish proof. The assertion of more extensive claims for compensation of damages shall not be excluded thereby.
§ 5 Prices, Discounts and Special Bargains
Current prices and graduated price ranges (quantity discount) and the cost of delivery in offline distribution are shown in our price list.
Once a customer account (advance payment) has been opened, a discount is granted irrespective of the quantity purchased per order placed. The amount of the advance payment needed for coming within a graduated discount range is shown in the current price list.
Whenever payment is made in advance, it shall, moreover, be deemed to be agreed that the respective amount of SONGS is purchased at a reduced price.
Special bargains (clearly indicated by a flashing price code) shall exclusively apply to the online shop sites of GEERDES and only in case of direct downloads. In particular, they shall not apply to orders by mail (including e-mail) or telephone orders.
§ 6 Payment
In online distribution customer's payment of remuneration shall be made out of the customer account or by credit card, in offline distribution by direct debiting, remittance or cash on delivery.
Pending compensation of all claims of GEERDES against the customer, the granting of rights of use shall be subject to the condition that all such claims are fully satisfied.
GEERDES may revoke the authorities of use if the customer is in default, not even paying on receipt of a written warning with indication of the intention to revoke, or if the customer fails to comply with the conditions of use (§ 4).
Closing a customer account shall be possible at any time. Should the customer account show a credit balance in the customer's favour at the time of closing, such credit balance shall be refunded to the customer, taking into account the provision of § 6.4. GEERDES will charge a handling fee of up to EUR 5.00 for the purpose.
All discounts granted because of the agreed quantity to be purchased shall become void and be newly determined on the basis of the actual quantity purchased by the time the customer account is closed.
§ 7 Online Access Data
It shall be the customer's responsibility to prevent unauthorised third parties from gaining access to the customer's personal online access data (user name and password).
The customer shall notify GEERDES without delay if his/her personal access data get lost or if any third party is otherwise in a position to misuse the customer account. On receipt of the loss report GEERDES will promptly block the customer account. Pending receipt of the loss report GEERDES shall not be liable for any unauthorised requests for SONGS and associated debits from the customer account. Should such third parties order additional SONGS in the period between receipt of the loss report and the blocking of the customer account the customer shall bear the cost incurred thereby up to an amount of EUR 50.00 (flat-rate loss fee). Up to the level of the flat-rate loss fee GEERDES may also invoice to the customer the expense incurred by handling the loss report.
§ 8 Data Protection
The personal data of which GEERDES gains knowledge in the context of the contractual relations may be processed by it only for internal purposes and on the basis of statutory data protection rules. GEERDES may also pass the data on to sub-suppliers who perform, and render accounts for, the service contracted for, if applicable.
§ 9 Liability
Unless provided for otherwise below, additional claims on the part of the customer -- no matter on which legal grounds -- shall be excluded. Therefore GEERDES shall not be liable for damages not occurring on the deliverables themselves; in particular GEERDES shall not be liable for lost profit or any other pecuniary losses of the customer. To the extent that GEERDES's liability is excluded or limited this shall equally apply to the personal liability of its employees, representatives and vicarious agents.
The above limitation of liability shall not apply where damage is caused by intent or gross negligence or where personal injury is involved. It shall, moreover, not apply if the customer asserts claims defined in §§ 1, 4 Product Liability Law, claims on account of the absence of warranted qualities or claims for damages due to non-performance pursuant to §§ 463, 480 para. 2 German Civil Code.
To the extent that GEERDES negligently breaches a material contractual duty, its obligation to provide compensation for damage to property shall be limited to the damage typically incurred.
§ 10 Right of cancellation and return policy
When ordering by email, fax, mail, telephone or other means of telecommunication customers have the right to cancel the contract pursuant to §§ 312 d, 355 German Civil Code, if the are consumers (they are consumers if they conclude the contract not acting in their commercial or their independent professional activities). This only applies if the customer orders the songs on disk, and if the customer has not unsealed the delivered storage media (§ 312 para. 4, no. 2 German Civil Code). When you download songs from an Online-Server a withdrawal ist not possible, as online licensed songs are not appropriate for returning them to GEERDES (§ 312 para. 4, no. 1 German Civil Code).
In the case of delivery by post, the deadline for the withdrawal starts on receipt of the goods by the customer. A further condition for the period beginning is that GEERDES informed the customer no later than the delivery of the goods, about the legally prescribed information (§ 312c no. 2 German Civil Code). The right expires without notice of this information no later than 6 months after delivery of the song.
The withdrawal is to be reported in text form, i.e. by letter or fax to:
GEERDES media e.K.
Building 3, Entrance E
FAX: +49 30 8507464 1
The withdrawal can be reported also by returning the goods to this address. It must not be justified. To comply with the two-week withdrawal period is the sending in time.
If the customer has applied his right of withdrawal, he is obliged to return the delivered songs. GEERDES reimburses the cost of the return, unless the order is at least € 25. GEERDES refunds the purchase price and return shipping charges by bank transfer back to the customer's account (has to be specified), or on request as a credit on the Service Account if it exists.
If the customer receives damaged goods, the rules for warranty apply (no. 3 GTC). For questions regarding the right of withdrawal, please contact us.
§ 11 Applicable law
Any and all legal relations under the present contract shall be governed by the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention. Whenever customers are merchants, public law bodies or persons whose residence or business establishment is situated abroad, the place of fulfilment and jurisdiction for any disputes shall be Berlin / Germany.
§ 12 Online dispute resolution platform
The EU Commission provides a platform for out-of-court disputes. Consumers gives this the opportunity to clarify disputes related to their online ordering out of court. The Dispute Resolution Platform can be found here:
Link to the online dispute resolution platform: http://ec.europa.eu/consumers/odr/
Our Email-Address for consumer complaints: firstname.lastname@example.org