1. Applicability

1.1 The business relationship between “MusicUnite” (hereinafter: “online store”) [MusicUnite owner: Mag. Till Mayrhofer [DieSein], Goldensteinstraße 13, Top 6, 5061 Elsbethen – Salzburg -Austira – Europe], (hereinafter referred to as the “vendor” “we”, “us” or “MusicUnite”) and the customer (hereinafter referred to as the “customer”) is exclusively governed by the following General Terms and Conditions (hereinafter: “GTC”) in the version valid at the time of order placement.

1.2 For the purposes of these GTC, the term “customer” refers to the users of the online store and the buyers of digital products in the online store.

1.3 You can reach our support for questions about the products or orders on weekdays from [9:00 a.m.] to [15:00 p.m.] on [+43 (0)677/64500705] by e-mail [contact@ music-unite.com]and at www.music-unite.com/help.

1.4. These General Terms and Conditions deem a consumer to be any natural person who completes a legal transaction for purposes that are for the most part not attributable to any professional activity of either a commercial or self-employed nature they engage in (as defined in § 13 BGB).

1.5. Neither the customer’s own terms and conditions nor any other terms and conditions that deviate from these General Terms and Conditions will be honoured unless the vendor expressly consents to the validity thereof.

2. Offers, service descriptions

The display of products in the online shop is to be equated with an invitation to place an order and not a legally binding offer. Service descriptions included in catalogues or on the vendor’s websites are not to be equated with either a promise or a guarantee.
All offers are valid “as long as stocks last” unless otherwise stated in the respective product description. Errors excepted.

3. Order process and conclusion of the contract

3.1. The customer is free to select the products of their choice from the vendor’s product range and gather them together in a so-called “basket” using the [Add to cart] button. The customer can then proceed to their basket and amend their selection as required, for example by removing a product from the basket. Once they are happy with their selection the customer can proceed to the final step in the order process using the [Proceed to checkout] button.

3.2. When the customer clicks the [Place order (Place binding order] button they make a binding request to buy the goods currently in their basket. Prior to order placement the customer is able to view and amend their order data at any time and can also use their browser’s “Back” function to return to their basket or abort the order process. Essential entries are marked with an asterisk (*).

3.3. The vendor responds by emailing the customer an automatic confirmation of receipt; the email recapitulates the order placed by the customer and can be printed using the “Print” function (order confirmation). The automatic confirmation of receipt only documents the receipt of the customer’s order by the vendor and is not to be equated with order acceptance. A binding purchase contract is only deemed to be concluded if the vendor dispatches or hands over the product ordered to the customer within 2 days or confirms the dispatch of the product ordered within 2 days by sending the customer a second email, order confirmation or an invoice.

3.4. If the vendor offers an advance payment option the contract is deemed to be concluded at such time as the customer provides their bank details and fulfils the payment request. If, despite being due and despite the customer being sent a reminder, payment is not received by the vendor within 10 calendar days of the sending of the order confirmation, the vendor is entitled to withdraw from the contract, thus rendering the order invalid and in turn freeing the vendor from their obligation to supply. At this point the order is considered to have been brought to a conclusion with no further consequences for either the customer or the vendor. Products for which advance payment is offered can therefore be reserved for a maximum of 10 calendar days.

4. Prices and delivery costs

4.1 All prices stated on the website of the seller are inclusive of the applicable statutory VAT. The sales tax is calculated depending on and place from which you access the store. Only after entering the billing address, an exact distinction of the sales tax can be made based on your place of residence. All U.S. states are served and the respective country-specific sales tax is automatically calculated for private customers.

4.2 In addition to the stated prices, MusicUnite shall charge shipping costs for delivery. The shipping costs will be clearly communicated to the customer on a separate information page and during the order process.

5. Delivery of digital products

5.1 The delivery of MusicUnite’s digital products is defined according to the product. The individual download links will be sent to you after the successful order or displayed in the online store.

6. Delivery, product availability

6.1 If advance payment has been agreed, delivery shall be made after receipt of the invoice amount.

6.2 If the delivery of the goods fails through the fault of the buyer despite three delivery attempts, the seller may withdraw from the contract. Any payments made will be refunded to the customer immediately.

6.3 If the ordered product is not available because the Seller is not supplied with this product by its supplier through no fault of its own, the Seller may withdraw from the contract. In this case, the Seller will immediately inform the Customer and, if necessary, propose the delivery of a comparable product. If no comparable product is available or if the customer does not wish a comparable product to be delivered, the seller will immediately reimburse the customer for any consideration already paid.

6.4 Customers will be informed about delivery times and delivery restrictions (e.g. restriction of deliveries to certain countries) on a separate information page or within the respective product description.

7. Terms of payment

7.1. The customer is free to select one of the available payment types during the order process; their selection is made prior to completion of the order process. Customers are informed about available payment types on a separate webpage.

7.2. If payment on account is available payment must be made within 30 days of receipt of the goods and the corresponding invoice. Full payment must be made in advance in the case of all other payment types.

7.3. If third-party providers are commissioned to process the payment (e.g. PayPal) the general terms and conditions operated by those providers apply.

7.4. If the due date by which payment must be made is defined as a calendar date the customer will be deemed to be in arrears as soon as they fail to comply with that due date and be liable for statutory interest on arrears.

7.5. The customer’s obligation to pay interest on arrears does not preclude the enforcement of other claims for delay-related damages by the vendor.

7.6. The customer only has the right to set-off if their counterclaims are legally valid or acknowledged by the vendor. The customer can only enforce a right of retention if their claims result from the same contractual relationship as the vendor’s claims.

8. Retention of title

The vendor retains the title of the goods supplied until such time as full payment has been made.

9. Product warranty and guarantee

9.1. The vendor offers a warranty as required under statutory regulations.

9.2. The goods supplied by the vendor are only subject to a guarantee if the customer was expressly informed of such a guarantee and the terms thereof prior to the commencement of the order process

10. Liability

10.1 .The following exclusions and restrictions of liability in connection with the vendor’s liability for compensation apply irrespective of other statutory eligibility criteria.

10.2. The vendor is liable without restriction if damage was caused with wilful intent or gross negligence.

10.3. The vendor is also liable for minor negligence leading to the violation of fundamental obligations whose violation jeopardises the fulfilment of the contractual purpose and the violation of obligations whose fulfilment is a prerequisite for the proper performance of the contract and can normally be relied upon by the customer. In this case the vendor’s liability is nevertheless restricted to foreseeable damage typical to the type of contract involved. The vendor is not liable for minor negligence leading to the violation of obligations other than those mentioned in the previous sentences.

10.4. The above restrictions of liability do not apply to damage to life, limb or health, defects identified after the acceptance of a guarantee regarding the nature of the product or defects kept secret with wilful deceit. Liability under the terms of the German Act on Liability for Defective Products remains unaffected.

10.5. Insofar as the liability of the Seller is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

10.6. In all other respects, the liability of MusicUnite as well as of MusicUnite’s vicarious agents and assistants – irrespective of the legal basis – are excluded.

10.7. MusicUnite is not liable for any damages incurred by the customer as a result of the loss of data, provided that such damages could have been avoided by the customer making regular, complete backups of all relevant data at a frequency commensurate with the value of the data.

10.8. The customer is responsible for the legally compliant use of the digital products purchased by the customer. In particular, the Customer itself shall ensure that it complies with all information obligations and all other statutory provisions when using the digital products.

11. Storage of the contract itself

11.1. The customer is able to print out the contract with the aid of their browser’s print function during the last step of the order process (i.e. prior to placing their order with the vendor).

11.2. The vendor will also send the customer an order confirmation containing all order data to the email address provided by the customer. In addition, the customer will receive a copy of the vendor’s general terms and conditions (including the vendor’s cancellation policy and information on shipping costs and the vendor’s terms of shipping and payment) along with the order confirmation or upon delivery of the goods at the latest. If you have registered with our shop you can view the orders you have placed in your profile. We also store the contract in your profile but do not make it accessible on the internet.

12. Access data for the online store

12.1. The access data (user name and password) are intended exclusively for use by the customer personally. The customer may not pass on the access data to third parties or disclose them in any other way. If the customer becomes aware of any misuse of his or her access data or even if he or she suspects such misuse, the customer must notify MusicUnite immediately. The customer shall be liable for all consequences of third-party use, provided that the misuse of the access data is the customer’s responsibility. This may also result in the payment of unauthorized orders. The customer’s liability shall not end until he/she has informed MusicUnite of the unauthorized use or loss of the access data and has changed the password, if necessary.

12.2. MusicUnite shall be entitled to revoke the customer’s access data in the event of violations of these Terms and Conditions, in particular due to

– false information provided during registration and/or

– unauthorized disclosure of the access data, in particular the password,

to temporarily or permanently block the customer’s access and/or to permanently withdraw the customer’s access with immediate effect or with a period of notice at MusicUnite’s discretion and/or to terminate the user agreement extraordinarily and without notice. After such an event, the customer may not register again for the use of the Online Shop without MusicUnite’s prior express consent.

13. Closing remarks

13.1. The legal domicile and place of fulfilment is the vendor’s headquarters insofar as the customer is a businessperson, a legal entity under public law or a special asset under public law.

13.2. The language of the contract is German or English

13.3. European Commission consumer platform for Online Dispute Resolution (ODR) https://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.