§ 1 Scope
(1) For all business transactions between the online shop provider Lothar’s Music Edition, Oldenburg (hereinafter „LME“), and the customer (hereinafter “customer”) the following General Terms and Conditions shall apply exclusively in their current valid version at the moment the order is placed. Contrary delivery conditions of the customer which are at variance with ours are not recognized unless LME expressly agrees to their validity in writing
(2) In case of registration at the MLE online shop, the customer irreversibly recognizes the validity of our General Terms and Conditions by confirmation or authentication. Any opposite or differing conditions on part of the customer are excluded.
§ 2 Contract
(1) The representation of the sheet music in the online shop of LME are no legally binding offer, but a non-binding online catalogue. By clicking the button “Place order” the customer then places his/her binding order to purchase the goods included in the shopping basket. Before the order is dispatched, the customer can see and change the order details at any time.
(2) The confirmation of the receipt of the customer’s order and the simultaneous acceptance of the order are sent by automated e-mail immediately after the submission. This e-mail is including specification about selected sheet music and more relevant information. Along with this e-mail the contract is concluded.
§ 3 Payment
(1) The customer may render payment in advance or via PayPal.
(2) The payment of the purchase price is due immediately with conclusion of the contract
§ 4 Delivery & Warranty
(1) The delivery of the sold sheet music (always as PDF files in A4 format) takes place exclusively after payment immediately. If the customer uses “payment in advance”, for delivery the processing time of the bank is to be added.
(2) For delivery the customer will receive an email at the email address he stated with the links to the paid files. The customer will get the possibility of downloading the linked files twice. The links are valid for 7 calendar days from the delivery date. Within this time period the customer has to download the files.
(3) In case of an unsuccessful, incomplete or aborted download the customer has to notify LME (firstname.lastname@example.org) immediately. If LME is responsible for the technical download problems, the customer will get the relevant sheet music via email without additional costs. The customer is given sufficient opportunities to test the products for his/her personal benefit and pleasure by means of previews. If the delivered files correspond to these previews, the sheet music is free of defects.
§ 5 Warranty
(1) Compensation claims on the part of the customer are excluded. Except are customer claims relating to injury to life, body or health or relating to essential contractual commitments as well as liability for other damage caused by an intentional or grossly negligent breach by the vendor, its legal representatives or performing assistants. Essential contractual commitments are those which enable the fulfillment of the orderly performance of the contract.
(2) In case of violation of essential contractual commitments the supplier sticks only on the predictable damage typical for contract, if such damage was caused by ordinary negligence, unless it concerns compensation claims for damages resulting from death, physical injury or physical harm.
§ 6 Rights of use
(1) LME grants the customer a non-exclusive, non-sublicensable, spatially and temporally unrestricted right of use for his own non-commercial use to the sheet music he has acquired. Any other use, such as transformation into editable music files, own further processing, as well as transferring, renting, re-licensing, particularly the making available of the products on the Internet and other electronic networks or databases - physically as well as non-physically – is not allowed. The prohibited transfer to third parties (as printout or file) also includes the transfer to own instrumental students, except for rehearsing and performance..
(2) Along with the download of the sheet music by the customer no more rights as referred in article (1) will be transferred, especially copy and accomplishment protection rights, other industrial property rights.
(3) Personal use means: Use of the sheet music for the purpose of own rehearsal, for own, non-commercial, concert performances, for usage in personal leaded amateur orchestra or ensemble. For this purpose the unlimited duplication as printout is allowed.
(4) Making of one safety copy of the sheet music delivered by LME is allowed.
§ 7 Right of withdrawal
(1) Consumers (i.e. an individual who enters into this contract for purposes that can be attributed neither to your commercial activities nor to your work as a self-employed person) have in accordance with legal regulations a right of withdrawal.
(2) Regulation of the right of withdrawal are provided in detail in the following
The right of withdrawal
You may revoke your contractual agreement up to the time in that the download of the sheet music files began, free of charge and without indication of reasons in text form (letter or E-Mail). The withdrawal period starts when this information is received in writing, but not before the fulfillment of our duty to supply information according duties of information in accordance with Art. 246 § 2 in connection with § 1 Section 1 and 2 EGBGB. To observe the revocation period it is sufficient to send off the revocation. The withdrawal has to be send to:
Am Schlossgarten 36
D-26122 Oldenburg, Germany
After the download of the sheet music files has started, you have no longer a right of withdrawal according to § 312d section 4, Nr. 1 BGB, because sheet music files are not returnable products. Consequences of revocation In the case of an effective revocation the mutually received benefits are to be returned and compensation made for any benefits derived.
End of the right of withdrawal.
§ 8 Other stipulations
(1) LME reserves the right to change this General Terms and Conditions at any time and subject the use of the sheet music to new or other terms of contract. Such changes and further terms of contract shall be brought to the customers' knowledge, take immediate effect and form then part of these General Terms and Conditions.
(2) These General Terms and Conditions shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods as well as of the conflict rules of International Private Law. The place of jurisdiction is Oldenburg, Germany.
(3) In the event that individual provisions of these General Terms and Conditions should be or become invalid, the validity of the remaining provisions and the contract shall remain unaffected. In place of the invalid provision, if such exists, the statutory regulations take place.