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Terms and conditions and Netmusica license

General Terms and Conditions

§ 1 Validity, definitions of terms

(1) Netmusica, Inh. Iris Wirth-Halbherr, Wackersteinweg 11, 72124 Pliezhausen (hereinafter: “we” or “Netmusica”) operates an online store for digital goods under the website https://www.netmusica.de. The following general terms and conditions apply to all services between us and our customers (hereinafter referred to as “customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.

(2) “Consumer” within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity. “Entrepreneur” is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction, whereby a partnership with legal capacity is a partnership that has the capacity to acquire rights and enter into obligations.

§ 2 Conclusion of the contracts, storage of the contract text

(1) The following provisions on the conclusion of contracts apply to orders placed via our online store at https://www.netmusica.de.

(2) Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.

(3) Upon receipt of an order in our online store, the following regulations apply: The customer submits a binding contractual offer by successfully completing the order procedure provided in our online store. The order is placed in the following steps:

  1. Selection of digital goods,
  2. Add the products by clicking on the corresponding button (e.g. “Add to shopping cart”, “Add to shopping bag” or similar),
  3. Check the details in the shopping cart,
  4. Call up the order overview by clicking on the corresponding button (e.g. “Continue to checkout”, “Continue to payment”, “To order overview” or similar),
  5. Entry/verification of address and contact details, selection of payment method, confirmation of GTC and revocation policy,
  6. If the agreed quality of the goods deviates from their usual quality and conditions of use, confirmation of a negative quality agreement,
  7. Complete the order by clicking the “Buy now” button. This constitutes your binding order.
  8. The contract is concluded when you receive an order confirmation from us within three working days to the e-mail address provided.

(4) If the contract is concluded, the contract with Netmusica, Inh. Iris Wirth-Halbherr, Wackersteinweg 11, 72124 Pliezhausen.

(5) Before ordering, the contract data can be printed out or saved electronically using the browser’s print function. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the general terms and conditions and the revocation policy, is carried out by e-mail after you have placed the order, in some cases automatically. We do not store the contract text after the contract has been concluded.

(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser’s “back button”). They can also be corrected by canceling the order process prematurely, closing the browser window and repeating the process.

(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

§ 3 Subject matter of the contract and essential characteristics of the products

(1) The subject matter of the contract is our online store:

  1. The sale of digital goods, e.g. media downloads. The specific digital goods on offer can be found on our product pages.
  2. Sale of printed sheet music

(2) When selling media files (PDF, audio formats, notation formats) or physical goods with accompanying audio or data carriers with media files, no updating is necessary; this is therefore contractually excluded in these cases. If, by way of exception, a contract for other goods with digital elements or for other  digital products (digital content and services) is concluded with a consumer and the statutory update obligation is not effectively excluded by contract, the function-maintaining updates and necessary security updates are also the subject matter of the contract.

(3) The essential characteristics of the digital goods can be found in the item description. If the agreed quality of the goods deviates from their usual quality and conditions of use, this shall be expressly indicated in the item description (negative quality agreement). Insofar as the customer has given his express consent to the negative quality deviation, this defines the subject matter of the contract.

(4) The sale of digital products shall be subject to the restrictions evident from the product description or otherwise resulting from the circumstances, in particular with regard to hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject matter of the contract is only the private and commercial use of the products without the right to resell or sublicense.

§ 4 Prices, shipping costs and delivery

(1) The prices quoted in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.

(2) The respective purchase price must be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly labeled button in the online store or in the respective offer. Unless otherwise stated in the individual payment methods, payment claims are due for payment immediately.

(3) In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective item is shown as free of shipping costs. The shipping costs will be clearly communicated to you again on the offers, in the shopping cart system and on the order overview.

(4) Unless clearly stated otherwise in the product description, all products offered are usually ready for dispatch within 2-3 working days  after receipt of payment.

(5) The following delivery area restrictions apply: Delivery is made to the following countries: Belgium, Bulgaria, Germany, Denmark, Estonia, Finland, France, Greece, Ireland, Italy, Croatia, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, Czech Republic, Hungary, Cyprus, Austria.

§ 5 Updates, updates, obligations of the consumer to cooperate

(1) As a rule, we only sell media files such as PDF, audio files or video files, for which no updating is required, the updating obligation according to § 327 a ff. of the German Civil Code is therefore excluded. If, by way of exception, a contract is concluded with a consumer for goods with digital elements or digital products (digital content and services) for which an update is possible and necessary and the statutory update obligation is not effectively excluded by contract, the customer will be provided with regular updates that ensure the functionality and (IT) security of the purchased item (e.g. security updates against new security threats, etc.). This would be possible, for example, in the event of security gaps in a format used, such as a specific PDF version.

(2) We are also authorized to use a third party (e.g. the manufacturer or its supplier) to provide the updates.

(3) The period in which updates are provided depends on the type of item purchased and is explained in the item description.

(4) Consumers will be informed about the provision of updates and the proper installation of this information via the e-mail address provided when placing the order.

(5) The customer is obliged to install any updates provided in accordance with the installation instructions.

§ 6 Right of retention

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

§ 7 Right of withdrawal

As a consumer you have a right of withdrawal. This is based on our revocation policy.

§ 8 Liability

(1) Subject to the following exceptions, our liability for contractual breaches of duty and tort is limited to intent or gross negligence.

(2) We shall be liable without limitation in the event of slight negligence in the event of injury to life, limb or health or in the event of a breach of a material contractual obligation. If we are in default of performance due to slight negligence, if performance has become impossible or if we have breached a material contractual obligation, liability for property damage and financial loss resulting therefrom shall be limited to the foreseeable damage typical for the contract. A material contractual obligation is one whose fulfillment is essential for the proper execution of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance you may regularly rely. This includes in particular our obligation to take action and fulfill the contractually owed service, which is described in § 3.

(3) If, when purchasing goods with digital elements or when purchasing digital products (digital content and services), the customer fails to install an update that has been provided to him and about whose availability he has been informed within a reasonable period of time, we shall not be liable for a material defect that is solely due to the lack of this update.

§ 9 Contract language

The contract language is exclusively German.

§ 10 Warranty

(1) The warranty shall be governed by the statutory provisions.

(2) As a consumer, you are requested to check the item/digital goods or the service provided immediately upon fulfillment of the contract for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will of course have no effect on your statutory warranty claims.

§ 11 Final provisions/dispute resolution

(1) German law shall apply. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn (principle of favorability).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.

Netmusica License 1.0 (NML)

Preamble

Netmusica composers write new works with new concepts, especially for use in music lessons and for amateur music-making, taking into account different learning levels and playing levels.

In order to give music teachers and learners, ensemble leaders and amateur musicians even more scope for the individual use of sheet music, adapted to the respective needs of teaching or instrumentation, the Netmusica license for editing files goes far beyond what is normally included in a non-exclusive license.

§ 1 License conditions

§ 2 License conditions for PDF files

  • The provisions of this paragraph apply exclusively to users who have purchased the respective work in PDF format in our store. It is not possible to purchase the other file formats without purchasing the PDF format at the same time.
  • The user is granted the non-exclusive right to use the PDF file for teaching, learning and performance purposes, but the work may not be reproduced, published, distributed or modified.
  • The performance may only be made audible outside the room in which the performance takes place under the following conditions:
    • Details of the composer and the rights holder Netmusica
    • Link to the composer profile page at netmusica.de

 

§ 3 License conditions for MXL editing files

  • Editing files in MXL format (compressed MusicXML for exchange between notation programs) are offered for parts of the range.
  • The rights granted in this paragraph apply exclusively to users who have purchased the respective work in MXL format in our store.
  • The user has the right to use this adaptation for his own purposes and for his own performances and to pass it on to participants in a performance directed by him if they have previously been obliged to comply with this license.
  • Furthermore, the user only has the right to pass on or exploit the works under the following conditions:
    • The user names the original composer and only identifies himself as the arranger of the piece.
    • The distribution, reproduction and utilization of the edited work is only permitted with the written or electronic consent of Netmusica. If consent is granted, the user undertakes to provide Netmusica with a digital copy of the edited work prior to any distribution and to oblige the recipients to comply with this license prior to distribution.
    • The edited work may not be passed on for further processing or in formats suitable for further processing.

§ 4 License conditions for MP3 audio files generated from MXL files

  • The provisions of this paragraph apply exclusively to users who generate an mp3 file from the associated MXL file that they have purchased themselves.
  • The user is granted the non-exclusive right to use the MP3 file for teaching, learning and performance purposes in accordance with paragraph 2, but the MP3 file may not be reproduced, published, distributed or modified.
  • The reproduction of MP3 files generated from MXL files by technical means, by radio transmission, streaming or image or sound carriers is not permitted.

§ 5 Copyright notice

  • The removal of copyright notices is not permitted and is punishable by law.
  • It is also not permitted to remove the reference to the original author of the work or to make it unrecognizable in the adaptation in the case of the adaptation of works permitted under § 3.

§ 6 Limitations of copyright

  • The right to private copying pursuant to § 53 UrhG does not apply to the licenses for MXL and editing files pursuant to §§ 1, 3 and 4 of this license agreement in accordance with paragraphs 4 and 5 of § 53.
  • The rights under Section 60a UrhG for educational institutions only apply if the works are not marked as serving exclusively teaching purposes at music schools.

§ 7 Transfer, lending, rental and sale

Lending, renting and selling the works is prohibited unless permitted by this agreement or by mandatory statutory provisions.

§ 8 Final provisions

  • Amendments and supplements to these license terms and any collateral agreements to these license terms must be made in writing to be effective. They are to be designated as such. The written form requirement must also be met for any amendment to this clause or for any waiver of the written form requirement by the parties.
  • This agreement shall be governed exclusively by the laws of the Federal Republic of Germany.
  • The place of performance and fulfillment is Pliezhausen.
  • Should one of the provisions of this agreement be or become legally invalid or unenforceable for any reason, or should this agreement contain a loophole, this shall not affect the validity of the remaining provisions. In place of the invalid and unenforceable provisions or to fill the gap, an appropriate provision shall apply which, within the scope of what is legally permissible, comes closest to what the contracting parties intended or would have intended.