1. Subject Matter, Scope of Application
(1) The present General Terms and Conditions shall apply to the legal relationship between the customer (referred to as the “Customer” or “You” hereinafter) and FEDALEX Music UG (haftungsbeschränkt), Seifen 29, 51597 Morsbach, Germany (referred to as “we” or “us” hereinafter) regarding the purchase of (a) music license(s) by the Customer in the Finalbeats-online-shop on the website www.finalbeats.com (referred to as „Website” hereunder).
(2) Contradicting and/or additional terms and conditions of the Customer shall not become part of the contract.
2. Distinction between Entrepreneurs and Consumers
(1) Some of the provisions of the present T&C do not apply in relation to any and all customers but only in relation to consumers or only in relation to entrepreneurs. Where the scope of application of the present T&C is limited in such aforesaid manner it will be specially indicated hereinafter.
(2) „Consumer“ shall, for purposes of the present T&C and in accordance with the statutory definition in section 13 of the German Civil Code (“Bürgerliches Gesetzbuch”, abbr. “BGB”), be each natural person who enters into the legal transaction for a purpose which is, predominantly, outside its trade, business or profession.
(3) „Entrepreneur“ shall, for purposes of the present T&C and in accordance with the statutory definition in section 14 of the German Civil Code (“Bürgerliches Gesetzbuch”, abbr. “BGB”), be each natural person who enters into the business relationship with us for a purpose which is outside its trade, business or profession.
3. Conclusion of Contract, Contract Languages
(1) Only if and once you order the license, such purchase order of yours shall constitute a binding offer to conclude a contract for the purchase of such license. In order to make the order, please go through the order process on the Website and complete the information required therein. Prior to sending off your purchase order, you will have the opportunity to check and modify your purchase data. Only if and once you send off your order, you submit a binding offer for conclusion of a contract with us.
(2) We may accept your offer within two days by
– submission of a confirmation of order by post or email, or
– request to make payment.
The date of receipt by you of our order confirmation, goods or request for payment is decisive for compliance with the deadline.
(3) Languages made available for conclusion of the contract shall be English and German.
4. Storage of the Provisions of the Contract
(1) We will store the provisions of the contract, including the order information and the present T&C. You can print out the provisions of the contract by using the respective functionality of your browser (usually “print” respectively “file” > “save as”). The order information is contained in the order overview presented within the last step of the order process. The provisions of the contract including the present Terms and Conditions are also contained in the email message with the order confirmation which you receive from us in case of our acceptance of your purchase order.
5. Making available of the Pieces of Music
(1) The pieces of music are made available to the customer on the website in file form for downloading.
6. Grant of Rights
(1) With regard to the recordings of the pieces of music purchased via the website (hereinafter referred to as “contractual recordings”), we transfer to the Customer exclusively, as well as unlimited in time, place and content and transferable, the right to use and exploit the contractual recordings in any manner whatsoever. The aforementioned transfer of rights includes in particular the right to reproduce, distribute or rent out the contractual recordings on sound and video carriers of all kinds, to broadcast the contractual recordings on radio, TV, cinema, Internet or in other media of all kinds, to make them publicly accessible or to publicly perform them in any other way, to adapt the contractual recordings in compliance with the author’s moral rights, to otherwise alter them or to combine them with non-contractual video- and/or sound recordings (e.g., to make them accessible to the public or to reproduce them in any other way) (e.g. synchronisation with films, games or commercials) and/or to transfer the above rights to third parties and/or to sublicense them to them.
(2) The copyrights to the compositions and lyric poems on which the contractual recordings are based are not transferred but remain with us or with the composer and/or lyricist. Insofar as the consent of the composer and/or lyricist is required for the use of the contractual recordings to the extent of the rights transferred to the contractual recordings above, this consent shall be deemed to have been granted upon the conclusion of the above transfer of rights to a respective piece of music.
7. Collecting Societies
(1) Any exploitation of the pieces of music offered on our website is subject worldwide to the tariffs of the respective collecting societies which administer the copyrights to the compositions and lyrics of our pieces of music in the respective countries.
(2) The rights administered by such aforesaid collecting societies must be acquired from the relevant collecting societies for the respective applicable uses of the pieces of music.
(3) The Customer is responsible for ensuring that the use of the pieces of music is reported in good time to the relevant collecting society.
8. Exclusions and Limitations of Liability
Our liability for damages shall be subject to the following:
(1) In case of intention or gross negligence, also on part of any persons assisting us in the performance of our obligations, we shall be liable in accordance with the applicable laws. The same shall apply in case of a damage caused by negligent violation of life, body or health.
(2) In case of a damage to property or a financial damage, we shall solely be liable in case of breach of an essential contractual obligation, subject, however, to a maximum amount equal to the damage which was foreseeable at the time of conclusion of the contract and typical for the contract; essential contractual obligations within the aforesaid meaning shall be deemed such obligations the fulfilment of which is a prerequisite for performance of the contract and which the other party may generally expect to be complied with.
(3) Otherwise our liability, regardless of its legal grounds, shall be excluded.
(4) The exclusions and limitations of liability under the above paragraphs (1) to (3) shall apply correspondingly in favour of the persons assisting us in the fulfilment of our obligations.
(5) Any liability based on the assumption of a guarantee or under the German Product Liability Act (“Produkthaftungsgesetz”) shall not be affected by the exclusions and limitations of liability under the preceding paragraphs (1) through (4).
9. Choice of Law, Jurisdiction
(1) The laws of Germany shall apply. The Convention on the International Sale of Goods shall not apply. Where the customer is a Consumer, such choice of law shall only apply to the extent that it does not affect mandatory provisions of the country where the customer has its habitual place of abode.
(2) For dealings with merchants, legal persons under public law or separate estates under public law, the courts of our place of business shall have jurisdiction over all conflicts arising hereunder. However, we shall remain entitled, at our choice, to file a lawsuit at the user’s location instead.