Terms and Conditions
General Terms and Conditions with regard to purchase contracts made through the website www.allesgemafrei.de between Mr. Andreas Marek (hereafter “vendor”) and the customer as defined in § 2 of the contract (hereafter “customer”).
§ 1 Purview and Definition
(1) The transactions between vendor and the customer are governed exclusively by the following general terms and conditions as detailed below in the version valid at the time an order is placed. Amendments to the conditions by the customer are not permitted unless the vendor has agreed to them in writing.
(2) The customer is deemed a consumer, unless the goods and services ordered are used for a purpose related to his company or sole trader business. Every individual or legal entity or incorporated partnership is deemed a business, when acting in their capacity as agents for a company or sole trader business.
§ 2 Conclusion of Contract
(1) The customer can choose music titles from the vendor’s catalogue and collect them in a virtual shopping cart by pressing the “Add to Cart” button. When ready to pay, the customer can start the payment process by clicking the “Checkout” icon. By pressing the “Place Order” button, the customer makes a binding request to purchase the music title(s) in the shopping cart. The customer can change and view the items anytime before placing the order. The purchase request can only be sent, however, after the customer has accepted the General Terms and Conditions by clicking the button “I accept the General Terms and Conditions.”
(2) The vendor then sends the customer an automatic email confirming the receipt of the request, which contains the details of the order placed. The customer has the option to print this confirmation for his records (using the “Print” function in the email browser).
This automatic confirmation of receipt only documents that the vendor has received the order and does not constitute an acceptance of the purchase request. The contract is not concluded until the vendor issues an acceptance declaration, which will be sent to the customer via email.
§ 3 Delivery, Product Availability
(1) If a music title has been removed from stock or is for other any reason permanently unavailable, the vendor will not confirm the order. In this case no contractual agreement will be concluded.
(2) If the music title chosen by the customer is only temporarily unavailable at the time an order is placed, the vendor will notify the customer in the order confirmation. Should the delay in delivery exceed two (2) weeks the customer has the right to withdraw from the contract. In such a case the vendor also has the right to cancel the contract. Any payment(s) the customer has already made will be immediately refunded.
§ 4 Prices and Delivery Costs
(1) All the prices on the vendors website include sales tax, if applicable. Currently the music titles are available free of sales tax (VAT) according to § 19 of the Sales Tax Law. (Because of the German Small Business Law, small businesses may not document sales tax on invoices). If prices change after an order has been placed, the purchased items will be billed according to the price valid at the time the order was submitted.
(2) Purchased items are downloaded as MP3 or WAV files.
§ 5 Payment
(1) The customer can make the payment in advance, by invoice (german costumers on second order) or through the online payment service “Paypal.” The method of payment must be selected before placing the order. The download file for the music title will be activated as soon as the vendor has received the corresponding payment. The vendor will then send a confirmation email to the customer containing the activation details for the purchased music title(s).
(2) The payment of the full price is due immediately upon conclusion of the contract. The customer defaults on the contract if he fails to pay the full amount by the set calendar due date. In this case the customer must pay the vendor default interest 5 percentage points above the base interest rate.
(3) The customer’s responsibility to pay default interest does not waive the vendor’s right to further claims for damages caused by delay.
§ 6 Rights of Use
(1) All worldwide use and broadcast rights are to be granted by the copyright holder Andreas Marek. The customer receives non-exclusive usage rights and does not become the owner of the purchased music title(s).
There are five different license packages:
· For sound broadcasting of all kinds
(e.g. trade shows, expositions, waiting rooms, sales floors, etc.)
For the following uses:
· Private Internet Site
· Sound Broadcast
· Telephone (“Music On Hold”)
· Non-commercial Podcast
· Game (Freeware)
· Private Video
· Presentation (e.g. PowerPoint)
· Web Radio
· Analog or digital reproduction of up to 500 copies
For the following uses:
· Trade Show or Corporate Video / Multimedia Presentation
· Internet Site (commercial)
· Editorial TV Report
· App (up to 10.000 Downloads)
· Public Viewing
· Product Video (Online Shop)
· Commercial Podcast
· Regional Radio or Cinema Advertisement
· Television Documentary (national/Internet)
· Analog or digital reproduction of up to 5000 copies
For the following uses:
· Television Documentary (international)
· Regional Television Commercial (up to one (1) year)
· App (up to 20.000 Downloads)
· Internet Commercial / Campaign
· Radio Jingle
· Analog or digital reproduction of up to 10.000 copies
For the following uses:
· National Radio or Cinema Advertisement
· National TV Advertisement (up to one (1) year)
· Cinema Production
· TV Production (TV Film)
· Analog or digital reproduction of up to 25.000 copies
Each larger license package includes the all benefits of the respective lesser packages.
(2) The customer chooses the desired license package from a drop-down menu on the description page for the desired item. The price of the item being purchased will be changed automatically to correspond with the license chosen.
(3) If the music title is to be distributed to third parties via sound or other media outside the context of a cohesive project (e.g. film or video), an individual license (to copy) is required in each case.
(4) The rights of use are conferred for an unlimited period, as long as no other agreement has been made. They are not transferable to third parties and are valid only for the license holder specified in the order. Use in different locations (e.g. multiple branches or outlets) requires separate licenses.
§ 7 Warranty, Defect Liability
(2) The vendor is liable for defects in accordance with German law, in particular §§ 434 ff of the German Civil Code (BGB). Claims from businesses regarding the warranty of purchased products expire twelve months after delivery.
(2) A warranty for the goods delivered by the vendor exists only if expressly indicated in the respective order confirmation for each item.
§ 8 Liability
(1) The customer has no right to claim damages. Exempt from this rule are customer claims for damages due to injury to life, body or health or relating to serious breach of primary obligations (cardinal obligations) as well as liability for other damage caused by intentional or reckless violation of the contract through the vendor, its legal representatives or performing agents. Primary obligations are those necessary to achieve the objective of the contract.
(2) The vendor is only liable for breach of primary contractual obligations in cases of damage of a foreseeable and typical nature for this type of contract when caused by negligence, unless the customer claims damages relating to injury to life, body or health.
(3) The restrictions of Clauses 1 and 2 also apply in favor of the vendor’s legal representatives and performing agents, if claims are brought directly against them.
(4) The provisions of the Product Liability Act are unaffected.
§ 9 Revocation Rights and Terms
Customers have the right to terminate the contract according to the following terms.
Customers have the right to terminate the contract according to the following terms.
You have the right to withdraw from your contract in writing (e.g. letter, email) within a two-week period without providing reasons, or, if you receive your item(s) before this period has lapsed, by returning the item(s). The two-week period begins as soon as you have received these terms in writing, but not before the items have been delivered to the recipient (when similar goods are delivered on a recurring basis, then not before receipt of the first partial delivery), nor before we have fulfilled our obligation to provide information as defined in Article 246 § 2 in conjunction with § 1 Paragraph 1 and 2 of the Introductory Act to the Civil Code (“EGBGB”) as well as our duties according to § 312g Paragraph 1 Sentence 1 of the BGB in conjunction with Article 246 § 3 EGBGB. A timely dispatch of the cancellation notice or the item is sufficient for the purposes of compliance with the revocation period.
The revocation request should be addressed to:
The revocation request should be addressed to:
Allesgemafrei.de, Andreas Marek, Rheinstr. 9, 12159 Berlin
or sent by email to: info (at) allesgemafrei.de
or sent by email to: info (at) allesgemafrei.de
Consequences of Revocation
If the customer is unable to complete the full or partial reimbursement for the value of the goods received (as well as any benefits gained through them), or can only return them in a deteriorated condition, he will be liable to compensate Allesgemafrei.de accordingly. This does not apply if the deterioration is directly the result of inspection of the audio CD as would otherwise have been possible in a retail outlet. The audio CD shall be returned at the expense and risk of Allesgemafrei.de. Obligatory payment refunds must occur within 30 days. This period begins for the customer as soon as the revocation notice or the CD(s) have been sent and for Allesgemafrei.de upon receipt of said notice or CD(s).
Exemptions from the Right of Revocation
The right of revocation applies neither to contracts regarding items produced according to customer specifications or specifically customized to personal requirements, nor to items which, because of their particular nature, are not suitable for return or may spoil quickly, or whose expiration date would be exceeded during shipping. The right of revocation also does not apply to audio or video recordings (e.g. CDs and DVDs) or software where the seal on the media has been broken by the consumer, or to downloads of music titles when the download of the file has been started and/or completed before the end of the revocation period.
End of Terms of Revocation
§ 10 Notice regarding Data Processing
(1) In the course of processing a contractual agreement the vendor collects data on the customer. In doing so the vendor will adhere to the provisions of the German Federal Data Protection Act and the Teleservices Data Protection Act. The vendor will only collect, process and use the customer’s inventory and usage data without consent as is necessary for processing the contractual agreement and required for transactions via teleservices.
(2) The vendor will not pass on customer data for advertising, marketing or market research purposes without the customer’s consent.
(3) The customer has the option to review, change or delete his data at any time through the “Your Personal Settings” icon in his profile. Further information regarding customer consent as well as data collection, use and processing is documented in the Privacy Policy, available at all times in a printable file on the vendor’s website under “Privacy Policy.”
§ 11 Final Provisions
(1) Contracts between the vendor and the customer are governed by the laws of the Federal Republic of Germany under exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
(2) If the customer is a merchant, a corporate body organized under public law or a special fund under public law, the court of jurisdiction where the vendor is registered is the legal venue for all contractual disputes between vendor and customer.
(3) The contract as a whole remains valid if individual clauses become or are deemed legally void.
