General Terms and Conditions
§ 1 Scope of application and provider
(1) These General Terms and Conditions (GTC) apply to all contracts for the purchase of digital content concluded via the website apollogiu.com between Apollo Giu (hereinafter referred to as the ‘Provider’) and the Customer.
(2) Any deviating terms and conditions of the customer shall not apply.
(3) By completing the order process, the customer agrees to these GTC.
(4) The Provider offers digital sheet music in the form of PDF files for download.
§ 2 Conclusion of contract
(1) The contract language is German and Englisch.
(2) The presentation of products on the website does not constitute a legally binding offer, but rather an invitation to place an order.
(3) By clicking on the ‘Buy now’ button, the customer submits a binding offer.
(4) The contract is concluded as soon as the download is made available to the customer or a corresponding confirmation email has been sent.
(5) The products are offered worldwide.
§ 3 Service description
(1) The subject matter of the contract is the one-time purchase of several digital scores (PDF).
(2) No delivery on a physical data carrier will be made.
§ 4 Prices
(1) All prices include the applicable statutory value added tax.
(2) The price stated at the time of ordering is decisive.
(3) Price changes are possible at any time, but do not apply to contracts that have already been concluded.
§ 5 Delivery
(1) Delivery shall be made exclusively in digital form via download after successful receipt of payment.
(2) The customer is responsible for providing a correct email address.
§ 6 Terms of payment
(1) Payment shall be made in advance.
(2) The following payment method is offered:
– PayPal
(3) Other payment methods are excluded.
§ 7 Rights of use and copyright
(1) All scores are protected by copyright.
(2) Upon purchase, the customer receives a simple, non-transferable right of use for private use.
(3) Transfer, reproduction, publication or commercial use (e.g. sale, upload, redistribution) is not permitted unless expressly agreed otherwise.
§ 8 Right of withdrawal for digital content
(1) Consumers are generally entitled to a right of withdrawal.
(2) The right of withdrawal expires as soon as the customer has expressly agreed that the download will begin before the expiry of the withdrawal period and has confirmed that they thereby lose their right of withdrawal (Section 356 (5) BGB).
(3) This consent is given during the ordering process.
§ 9 Liability
(1) The provider shall be liable without limitation in cases of intent and gross negligence, as well as in cases of injury to life, limb or health.
(2) In cases of slightly negligent breach of essential contractual obligations, liability shall be limited to foreseeable damage typical for this type of contract.
(3) Liability for technical malfunctions beyond the provider’s control is excluded.
§ 10 Data protection
The separate Privacy Policy at apollogiu.com applies.
§ 11 Final provisions
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The place of jurisdiction is – to the extent permitted by law – the registered office of the provider.
(3) Should any provision of these General Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected.
Source: Wonder Legal