General Terms & Conditions

Table of contents

  1. Scope
  2. Conclusion of contract
  3. Right of withdrawal
  4. Prices and terms of payment
  5. Delivery and shipping conditions
  6. Granting rights of use for digital content
  7. Contract duration and termination for subscription contracts
  8. Retention of title
  9. Liability for defects (warranty)
  10. Special conditions for the processing of goods in accordance with certain specifications of the customer
  11. Redemption of gift vouchers
  12. Applicable law
  13. Place of jurisdiction
  14. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of AURIO Musikverlag GmbH (hereinafter referred to as “Seller”), apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Seller with regard to the goods presented by the Seller in his online shop. Herewith the inclusion of the customer’s own terms and conditions is contradicted unless otherwise agreed.

1.2 For contracts for the delivery of digital content, these GTC shall apply accordingly, unless otherwise expressly agreed.

1.3 For contracts for the delivery of vouchers, these GTC shall apply accordingly, unless expressly agreed otherwise.

1.4 A consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to his commercial or self-employed professional activity. Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding a legal transaction.

1.5 Digital contents in the sense of these GTC are all data not contained on a physical data carrier, which are produced in digital form and provided by the Seller under the granting of certain rights of use regulated in more detail in these GTC.

1.6 The subject matter of the contract may – depending on the Seller’s product description – be the purchase of goods by way of a one-time delivery or the purchase of goods by way of a permanent delivery (hereinafter “Subscription Contract”). In the case of a subscription contract, the Seller undertakes to deliver the contractually owed goods to the Customer for the duration of the agreed contract period at the time intervals contractually owed.

2) Conclusion of contract

2.1 The product descriptions contained in the seller’s online shop do not represent binding offers on the part of the seller, but serve to provide a binding offer by the customer.

2.2 The customer can submit the offer using the online order form integrated into the seller’s online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button concluding the ordering process.

2.3 The seller can accept the customer’s offer within five days,

by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
by requesting the customer to pay after placing his order.

If there are several of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.

2.4 If the payment method “Amazon Payments” is selected, the payment processing shall be carried out via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as “Amazon”), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the customer selects “Amazon Payments” as the payment method within the scope of the online order process, he shall also issue a payment order to Amazon at the same time by clicking the button concluding the order process. In this case, the seller hereby declares acceptance of the customer’s offer at the point in time when the customer initiates the payment transaction by clicking the button concluding the order process.

2.5 When submitting an offer via the seller’s online order form, the text of the contract is saved by the seller after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after the customer has sent off his order. The Seller shall not make the text of the contract accessible beyond this. If the Customer has set up a user account in the Seller’s online shop before sending his order, the order data will be archived on the Seller’s website and can be accessed free of charge by the Customer via his password-protected user account by entering the corresponding login data.

2.6 Before the binding submission of the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, which is used to enlarge the display on the screen. Within the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.

2.7 Only the German language is available for the conclusion of the contract.

2.8 The order processing and contact are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 More detailed information on the right of revocation can be found in the seller’s revocation instructions.

3.3 The right of revocation does not apply to consumers who do not belong to a member state of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.

4) Prices and terms of payment

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs that may be incurred shall be stated separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfer through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3 The customer will be informed of the payment option(s) in the seller’s online shop.

4.4 If advance payment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless the parties have agreed upon a later due date.

4.5 If payment is made by means of a payment method offered by PayPal, the payment shall be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the Terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.6 If the payment method “IMMEDIATELY” is selected, the payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter “IMMEDIATELY”). In order to be able to pay the invoice amount via “IMMEDIATELY”, the customer must have an online banking account that has been activated for participation in “IMMEDIATELY”, must legitimize himself accordingly during the payment process and confirm the payment instruction to “IMMEDIATELY”. The payment transaction will be executed immediately afterwards by “IMMEDIATELY” and the customer’s bank account will be debited. Further information on the “IMMEDIATE” payment method can be found on the Internet at https://www.klarna.com/sofort/.

4.7 If the payment method invoice purchase via Heidelpay is selected, the purchase price shall be due after the goods have been delivered and invoiced. In this case, the purchase price shall be paid within 14 (fourteen) days after receipt of the invoice without deduction to Heidelberger Payment GmbH, Vangerowstr. 18, 69115 Heidelberg (hereinafter referred to as “Heidelpay”). The payment method invoice purchase requires a successful credit check by Heidelpay. If the customer is allowed to use the payment method purchase on account after credit assessment, the payment will be processed in cooperation with Heidelpay, to which the seller assigns his payment claim. In this case the customer can only pay to Heidelpay with debt discharging effect. The seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, declarations of revocation and shipments or credit notes even if the payment method invoice purchase via Heidelpay is chosen.
The payment method purchase on account via Heidelpay is excluded,
– if the order value falls below the amount of 25.00 Euro,
– if the delivery address provided by the customer is not identical to the billing address, in particular if a packing station or a post office box is specified as the delivery address, or
– if the customer has not yet reached the age of 18.
The seller also reserves the right to offer the payment method purchase on account via Heidelpay only up to a certain order volume and to reject this payment method if the order volume exceeds the specified order volume. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop.

4.8 If the payment method Direct Debit via Heidelpay is selected, the payment processing is carried out by the payment service provider Heidelberger Payment GmbH, Vangerowstr. 18, 69115 Heidelberg (hereinafter referred to as “Heidelpay”), to which the Seller assigns its payment claim. Before accepting the seller’s declaration of assignment, Heidelpay will carry out a credit assessment using the transmitted customer data. The seller reserves the right to refuse the customer the payment method direct debit via Heidelpay in case of a negative check result. If the payment method Direct Debit via Heidelpay is permitted by Heidelpay, Heidelpay shall collect the invoice amount from the customer’s bank account after issuing a SEPA Direct Debit mandate, but not before the expiry of the period for advance information. Pre-notification is any communication (e.g. invoice, policy, contract) to the customer announcing a debit via SEPA Direct Debit. If the direct debit is not honoured due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit although he is not entitled to do so, the customer shall bear the fees arising from the chargeback by the respective bank if he is responsible for this.
The payment method direct debit via Heidelpay is excluded,
– if the order value falls below the amount of 25.00 Euro,
– if the delivery address provided by the customer is not identical to the billing address, in particular if a packing station or a post office box is specified as the delivery address, or
– if the customer has not yet reached the age of 18.
The seller also reserves the right to offer the payment method direct debit via Heidelpay only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop.

5) Delivery and shipping conditions

5.1 The delivery of goods shall be made by dispatch to the delivery address indicated by the customer, unless otherwise agreed. The delivery address indicated in the Seller’s order processing is decisive for the transaction.

5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of revocation. In the event that the customer effectively exercises his right of revocation, the provision made in the seller’s revocation instruction shall apply to the costs of return shipment.

5.3 Collection by the customer is not possible for logistical reasons.

5.4 Digital contents are provided to the customer exclusively in electronic form as follows:

  • by download
  • by email

5.5 Vouchers are provided to the customer as follows:

  • by download
  • by email
  • by mail

6) Granting rights of use for digital content

6.1 Unless otherwise stated in the DeepL description in the Seller’s online shop, the Seller grants the Customer the non-exclusive right, unlimited in terms of time and place, to use the content provided exclusively for private purposes.

6.2 The transfer of the contents to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted unless the seller has agreed to a transfer of the contractual license to the third party.

6.3 The granting of rights shall only become effective when the customer has paid the contractually owed remuneration in full. The Seller may also provisionally permit the use of the contractual contents even before this time. Such provisional permission does not constitute a transfer of rights.

7) Contract duration and termination for subscription contracts

7.1 Subscription contracts are concluded for an unlimited period of time, but at least for the minimum term as shown in the respective product description in the seller’s online shop. The subscription contract can be terminated at any time during the minimum term at the end of the minimum term and at any time after the end of the minimum term with a notice period of 14 days.

7.2 The right to extraordinary termination for good cause remains unaffected. Good cause shall be deemed to exist if, taking into account all circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.

7.3 Notice of termination must be given in writing or in text form (e.g. by e-mail).

8) Retention of title

If the seller makes advance payment, he reserves the right of ownership of the delivered goods until full payment of the purchase price owed.

9) Liability for defects (warranty)

9.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.

9.2 Deviating from this applies to used goods: Warranty claims are excluded if the defect only occurs after one year from delivery of the goods. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period. However, the reduction of the liability period to one year shall not apply

for items which have been used for a building in accordance with their normal use and have caused its defectiveness,
for claims for damages and reimbursement of expenses of the customer, and
in the event that the seller has fraudulently concealed the defect.

9.3 The customer is asked to complain about delivered goods with obvious transport damages to the deliverer and to inform the seller about it. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.

10) Special conditions for the processing of goods according to certain specifications of the customer

10.1 If, according to the content of the contract, the Seller is responsible for processing the goods according to certain specifications of the Customer in addition to the delivery of the goods, the Customer shall provide the Seller with all content required for processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the Seller and shall grant the Seller the necessary rights of use. The customer alone is responsible for the procurement and acquisition of rights to this content. The customer declares and accepts responsibility for the fact that he/she has the right to use the contents provided to the seller. In particular, he shall ensure that this does not infringe any rights of third parties, in particular copyright, trademark and personal rights.

10.2 The Customer shall indemnify the Seller from any claims of third parties which they may assert against the Seller in connection with an infringement of their rights by the contractual use of the Customer’s contents by the Seller. The customer shall also assume the reasonable costs of the necessary legal defence including all court and attorney’s fees in the statutory amount. This does not apply if the customer is not responsible for the violation of rights. In the event of a claim by third parties, the customer is obliged to provide the seller immediately, truthfully and completely with all information required for the examination of the claims and a defence.

10.3 The seller reserves the right to refuse processing orders if the contents provided by the customer for this purpose violate legal or official prohibitions or offend common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth endangering and/or violence glorifying content.

11) Redemption of gift vouchers

11.1 Vouchers that can be purchased via the Seller’s online shop (hereinafter “gift vouchers”) can only be redeemed in the Seller’s online shop, unless otherwise stated in the voucher.

11.2 Gift vouchers and remaining credit balances of gift vouchers can be redeemed until the end of the third year following the year of the voucher purchase. Remaining credit balances are credited to the customer until the expiry date.

11.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent charging is not possible.

11.4 Only one gift voucher can be redeemed per order.

11.5 Gift Certificates can only be used to purchase goods and not to purchase additional Gift Certificates.

11.6 If the value of the Gift Certificate is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

11.7 The credit balance of a gift voucher is neither paid out in cash nor does it bear interest.

11.8 The gift voucher is transferable. The Seller may make payments with discharging effect to the respective holder who redeems the gift certificate in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-authorisation, legal incapacity or lack of authorisation to represent the respective owner.

12) Applicable law

12.1 All legal relations between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.

12.2 Furthermore, this choice of law with regard to the statutory right of revocation shall not apply to consumers who do not belong to any member state of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.

13) Place of jurisdiction

If the customer acts as a merchant, legal entity under public law or special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer has his registered office outside the territory of the Federal Republic of Germany, the registered office of the seller shall be the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the customer. In the above cases, however, the Seller shall in any case be entitled to appeal to the court at the Customer’s place of business.

14) Alternative dispute resolution

14.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

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

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