General Terms and Conditions of Business
The following General Terms and Conditions of Business exclusively apply to customers of the web-based download shop found at the domain massacre.musiclogistics.net (hereinafter referred to as “shop”).
Your contractual partner and service provider (hereinafter referred to as “seller”) is:
Massacre Records Gesellschaft für Musikmarketing mbH
CEO: Torsten Hartmann
Registered Office: Heilbronn
Commercial Register: Registergericht Heilbronn, HRB 5248
VAT ID: DE811650971
The Seller shall provide its services exclusively on the basis of these General Terms and Conditions of Business in the version that is valid at the time of concluding the agreement. All offers in the shop are subject to change without notice.
Only consumers within the meaning of Section 13 of the German Civil Code (BGB) are accepted as customers of the shop, i. e. any natural person who concludes a legal transaction for a purpose which cannot be attributed to either its commercial activity or its professional activity on a self-employment basis.
§ 1 Description of the service
The customer may, via the shop, acquire digital audio recordings along with their accompanying textual information and graphic materials (referred to as “products”). The products can be selected by the customer in the shop, added to a virtual shopping cart and purchased. The products will be supplied exclusively by means of digital download.
§ 2 Conclusion of the agreement
By clicking either of the payment buttons below the heading “Check out securely now” in the virtual shopping cart, the customer makes a binding offer to purchase the products placed by the customer in the virtual shopping cart.
The sales contract shall come into force upon the payment transaction being concluded by the customer. The payment transaction is conducted by an external payment service provider (e. g. PayPal). The customer concludes the payment transaction by logging in or entering the requested personal information on the payment service provider's website and subsequently clicking a button labelled “Pay now” or equivalent.
After a successful payment transaction the customer will be returned to the shop where the purchased products will be available for immediate download.
The Seller shall confirm receipt of the order to the customer by e-mail without delay at the e-mail address given to the payment service provider by the customer. In the same e-mail the customer will receive a link to access the purchased products beyond his or her current session in the shop.
The download link and/or download code displayed on the “my downloads” page may only be used by the customer personally and must not be made available to third parties.
The customer may download any products acquired up to 30 days after concluding the purchase agreement and up to ten times, in regard to which it is made clear that the agreement has been fulfilled by the Seller upon the product being downloaded successfully for the first time.
§ 3 Prices
The product prices in the shop are end prices. The statutory value-added tax is included in the prices.
§ 4 Right of cancellation
Right of cancellation
You may cancel your contractual declaration within 14 days, without giving reasons, in text form (e. g. by letter, fax or e-mail). The deadline shall begin upon receipt of these instructions in text form. In order to meet the cancellation deadline, sending off the cancellation in good time shall be sufficient.
The cancellation is to be addressed to:
c/o mlx musiclogistics GmbH
Consequences of cancellation
In the event of a legally valid cancellation, each party must return what it has received and, if applicable, any benefits obtained (e. g. interest). Should you not be able to return to us the service received, in whole or in part, or only return it to us in an impaired condition, to that extent you are obliged to provide a replacement in value. Any obligations to make refunds must be fulfilled within 30 days. The deadline shall begin for you upon sending off the declaration of cancellation, for us upon its receipt.
This shop offers digital downloads exclusively, which are by their nature not suitable for return. Thus the right of cancellation shall lapse prematurely, as soon as the acquired products have been downloaded successfully for the first time.
– End of the information on cancellation –
§ 5 Rights of use
The Seller grants to the customer the non-exclusive, non-transferable, geographically unlimited and permanent right to store, copy, transfer and listen to/view the products acquired as frequently as desired for his/her personal, non-commercial use.
Any other use, which extends beyond the use outlined in the foregoing paragraph, is not permitted. In particular commercial use and distribution of the products acquired is not permissible.
The customer is required to observe the statutory provisions, in particular the provisions on the German Copyright Act (UrhG) when using the products.
§ 6 Other provisions
Exclusively these General Terms and Conditions of Business shall apply. The customer's terms and conditions of business shall not be applicable. The agreement shall be subject to German law, under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG), as well as any other inter-governmental conventions, also once they have been incorporated into German law.
Status of the General Terms and Conditions of Business: 10 May 2012