Conditions
Status 18.08.2021
In accordance with Directive 97/7/EC of the European Parliament and of the Council of 20 May 1997 on the protection of consumers in respect of distance contracts (OJ EC No. L 144 p.19) and §§ 312b ff BGB (German Civil Code), we declare as follows:
§1 The address is:
BeschallungPRO powered by Highland Musikarchiv
Owner Joachim Lehberger
Keplerstr. 1
34233 Fuldatal
Germany
Phone +49 5607 - 9341067
fax +49 5607 - 9341069
E-mail: info@highland-musikarchiv.com
§2 BeschallungPRO powered by Highland Musikarchiv distributes and exploits ROYALTY-/GEMA-/AKM-/SUISA-free music including rights of use and performance for sound reinforcement purposes (incl. statutory VAT).
§3 The purchase contract for the licence(s) shall be concluded by our acceptance of your order. BeschallungPRO powered by Highland Musikarchiv reserves the right, without giving reasons, not to sell the rights of use and performance of the music to certain natural or legal persons or for certain areas of use. In the event of error or deception on the part of BeschallungPRO powered by Highland Musikarchiv regarding the purchaser or the intended use, the purchaser shall not acquire any rights of use and performance.
In the event of misuse or the exceeding of the licensed rights of use and performance, subsequent proper licensing for the purposes used shall only be possible on the basis of the licence model Production Flat Rate for Commercial Use. If the misuse is not reported by the user himself, BeschallungPRO powered by Highland Musikarchiv shall charge a processing fee in the amount of EUR 150.00 plus VAT. In addition, BeschallungPRO powered by Highland Musikarchiv reserves the right to further claims for damages due to unauthorised use.
§4 The purchase price shall be due for payment in one amount without deduction upon handover of the delivery. We charge interest on arrears at 5% p.a. above the respective discount rate of the Deutsche Bundesbank.
§5 We deliver free of shipping costs. We deliver on account or PayPal. Delivered downloads, data carriers (CDs) and licence documents remain the property of BeschallungPRO powered by Highland Musikarchiv until full payment has been received.
§6 The use of the music without an original release document (licence) personally issued and signed by the author or - in the case of third-party works after the expiry of the protection period - arranger to the user is prohibited and will result in charges being brought. The scope of use is clearly regulated by the various release documents. If no objection to the regulations of our release documents is received by us within 14 days of receipt, you are deemed to have accepted the terms of use.
The following additional restrictions apply to the use of music from BeschallungPRO powered by Highland Musikarchiv:
The rights of use or the scope of use of the release documents expressly do not include the use of the music in the following contexts:
a) Criminally sanctioned acts.
b) To defame or disparage products, natural persons or legal entities defame or disparage
c) For the sole purpose of glorifying violence
§7 For the return of defective data carriers, the warranty period is 24 months, we will immediately deliver a free replacement and reimburse your return shipping costs.
Natural wear and tear is excluded from the warranty in any case.
§8a There is no right of revocation for performance and usage rights for BeschallungPRO powered by Highland Musikarchiv assortment CDs as well as downloads, as the corresponding licences are not goods or services within the meaning of §§ 312b ff BGB.
§8b For all other offers of BeschallungPRO powered by Highland Musikarchiv the following right of revocation applies according to § 312d BGB: You can revoke your contract declaration - if you are a consumer - within two weeks without giving reasons in writing (e.g. letter, fax, e-mail) or by returning the goods. The period begins at the earliest with receipt of this instruction. The timely dispatch of the revocation or the item shall be sufficient to comply with the revocation period. The revocation is to be sent to the address stated under §1 of these GTC.
Consequences of revocation: In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return the performance received in whole or in part or only in a deteriorated condition, you must compensate us for the loss in value. This does not apply to the surrender of goods if the deterioration of the goods is exclusively due to their inspection - as would have been possible for you in a shop, for example. You can avoid the obligation to pay compensation by not using the goods as if they were your property and by refraining from doing anything that could reduce their value. You have to bear the costs of the return shipment if the delivered goods correspond to the ordered goods and if the price of the goods to be returned does not exceed an amount of 40.00 euros or if, in the case of a higher price of the goods, you have not yet provided the consideration or a contractually agreed partial payment at the time of the revocation. Otherwise, the return shipment is free of charge for you. You must fulfil any obligations to refund payments within 30 days.
§9 The commercial resale of data carriers (CDs) as well as downloads from BeschallungPRO powered by Highland Musikarchiv is only permitted with the approval of BeschallungPRO powered by Highland Musikarchiv, taking into account the currently valid dealer price list and the conditions stipulated therein. BeschallungPRO powered by Highland Musikarchiv reserves the right to reproduce the data carriers.
§10 Place of performance is Kassel, Germany. The place of jurisdiction for fully qualified merchants and legal entities shall be Kassel. German law shall apply exclusively, even if the customer has its registered office abroad.
§11 We do not pass on user data to third parties except as described in these data protection provisions.
We use data for the following purposes:
To communicate with you (sending notices regarding our services, providing technical information and handling customer service requests, if applicable).
To inform you about new updates and services
To display advertisements when you use our website
To market our websites and products
For statistical and analytical purposes to improve the website.
In addition to the various uses listed above, we may also share personal information with our subsidiaries, affiliates and subcontractors.
In addition to the purposes set out in this Privacy Policy, we may share personal data with our trusted third party providers based in different jurisdictions around the world for the following reasons:
Hosting and operating our website
Providing our services, including the personalised display of our website
Storing and processing such data on our behalf
Serving ads and allowing us to evaluate the success of our advertising campaigns, retargeting users
Provide marketing offers and promotional materials in connection with our website and services
Conduct studies, technical diagnosis or analysis.
We may also disclose information when we believe in good faith that it is helpful or appropriate to: (I) comply with any applicable law, regulation, legal process or governmental request; (II) enforce our policies (including our Agreement) and investigate possible violations thereof, if any; (III) investigate, detect, prevent, or take action regarding illegal activities or other misconduct, suspected fraud or security issues; (IV) assert or enforce our own legal claims or defend against the claims of others; and defend ourselves against the claims of others; (V) protect the rights, property or safety of ourselves, our users, you or others; or (VI) cooperate with law enforcement authorities and/or protect intellectual property or other legal rights.
§12 The internet pages of BeschallungPRO powered by Highland Musikarchiv are available in German and English.
§13 Dispute resolution
Online dispute resolution pursuant to Art. 14 (1) ODR Regulation: The European Commission provides a platform for online dispute resolution (OS), to be found at.
BeschallungPRO powered by Highland Musikarchiv is not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board.
§14 The current General Terms and Conditions replace previous versions.
§15 Should any provision be or become void, the validity of the other provisions shall not be affected. Agreements deviating from these General Terms and Conditions must be made in writing to be valid.