Terms & Conditions
The company anymotion-music, Gerhard Noske (subsequently called anymotion-music) is selling goods, specifically downloads and music CDs (subsequently called music) on its website www.anymotion-music.de.
The target group of the anymotion-music.de website is the general public (subsequently called users).
§ 1 Subject of Contract
Orders of goods from anymotion-music's online shop www.anymotion-music.de, specifically music downloads (single tracks and complete albums) and mail-order CDs, are the subject of a contract of a user with anymotion-music.
§ 2 Use of the Online Shop, Formation of Contract
The user may purchase music for a fee on the anymotion-music's website. By clicking "Buy", the user is issuing a legally binding bid to buy the selected products from anymotion-music.
The product description does not constitute a warranty.
§ 3 Terms of Payment
Before a user can order a product, its price (shipping costs inclusive), and description are displayed. The total amount (price of product plus shipping cost) is an element of the contract between user and anymotion-music agreed to according to §2.
All prices are net prices without value added tax (VAT). Because of a legal provision in German law for small businesses (§ 19 UStG), no VAT need to be added.
Payment for downloads is made with paypal. In case of mail-order payment is made by advance payment/bank transfer, the time limit for the user to execute/to dispose a bank transfer is 3 days.
If wie do not register a receipt of payment (advance payment/bank transfer) within 5 calendar days, our obligation to deliver the mp3-files or album CD you ordered expires.
Other modes of payment, especially by check or in cash, cannot be processed and do not discharge the user from making his payment with PayPal or advance payment/bank transfer.
The user accepts, that anymotion-music uses third party companies to process payments. All third party companies used are named during the order/payment process. The Terms and Conditions of these third party companies apply in addition to the Terms and Conditions of anymotion-music.
§ 4 Reservation of Title
All goods ordered remain the property of anymotion-music until payment is received in full.
§ 5 Delivery
In case of download products, the user receives the links that enable downloads included in a mail immidiately after having made the payment with paypal. The links are sent to the email-address of the users paypal account, not neccessarily to the address the user entered into the order form.The links stay activated for a 4-week period for unlimited use within that timespan. Because the order management and delivery is not automated when the method of payment is bank transfer, we claim a timespan of 24 hours until delivery after the receipt of payment.
MP3 files and complete mp3-albums are sent included in one or several mails with one or two attachments each to the email-address.
Mail-order albums are delivered exclusively by independent carriers within the Federal Republic of Germany.
The place of fulfilment is Berlin, seat of anymotion-music.
Personal pick-up of the products ordered is excluded.
§ 6 Rights of Revocation and Return
If the user of the online shop is a consumer, he is entitled to a right to revoke the contract and return the goods (§ § 312 d, 355 BGB).
The right to cancellation is not in effect for the delivery of goods that on account of their characteristics are not suitable for return shipment, such as download products and mp3-files, once they are acquired by e-mail.
A consumer is an individual entering into a transaction to an end serving neither commercial nor professional purposes, § 13 BGB.
A consumer can revoke his bid in writing (by e-mail or mail) or by returning the product to anymotion-music, within two weeks after entering the contract. If the revocation is done by returning the product, it is sufficient that the product has been mailed within the two-week timespan.
No justification or explanation has to be given to revoke the bid.
Limitation: By online delivery via download, no right of return can be granted, because the data transferred cannot be returned by its very nature (§ 312 par. 4 No. 1 BGB).
Revocations can be addressed to:
E-mail address: firstname.lastname@example.org
Mailing address: Gerhard Noske, Gitschiner Str. 90, 10969 Berlin
If the revocation is done by returning the product(s) within a two-week timespan, it has to be addressed to:
Gerhard Noske, Gitschiner Str. 90, 10969 Berlin
Consequences of Cancellation:
- In the event of valid cancellation, the services received by both parties are to be returned.
- Items that can be sent as packages are to be sent back out our risk.
- You are to bear the regular expenses for return shipment if the delivered goods correspond to those ordered.
§ 7 Termination of Website Service by Anymotion-Music
anymotion-music reserves the right to completely or partially terminate the services provided by its website at any time without stating any reasons. The user explicitly recognizes this right. In this case, anymotion-music is not liable for any damages incurred or gains not realized.
§ 8 Links to Third-Party Websites
On the anymotion-music website, websites of third parties are integrated with links or by other means. anymotion-music has no influence on the content of such websites and is not responsible for them. anymotion-music distances itself from all content on such websites, especially if they should be unconstitutional, criminal or pornographic.
The Terms and Conditions stipulated by the operators of websites linked to apply together with the Terms and Conditions of anymotion-music.
§ 9 Privacy
User data necessary for processing of the contract and guarantee issues (first name, family name, address, e-mail address, bank account) are used solely for this purpose.
We assign service providers to perform functions on our behalf. These are postal services and services in connection with the modes of payment.
No personal data is passed if companies want to use them commercially.
In some cases anymotion-music might be required by law to disclose information to third parties. In particular when a crime or abuse is suspected, anymotion-music is obliged to disclose information to law enforcement authorities.
§ 10 Liability and Warranty
anymotion-music is not liable to keep its website online and accessible.
anymotion-music excludes any liability for neglect of duty, as far as this does not affect duties entered into by contract and the user is not a consumer. This provision does not apply for damages to health and life, in these cases liability is unlimited. In cases of gross negligence and willful damage, liability is neither limited nor excluded. This condition also applies to neglect of duty of our assistants.
Legal provisions regarding warranty apply.
If the user is a merchant, he is subject to the provisions regarding reproval and investigation provided in § 377 HGB.
§ 11 Concluding Provisions
The law of the Federal Republic of Germany applies exclusively, excluding UN law on purchases.
anymotion-music reserves the right to change these Terms and Conditions at any time, without giving any reasons. For any contract, the revision in effect at the time of agreement to this contract applies.
If a condition in these Terms and Conditions should be or become ineffective or challengeable, all other conditions remain intact.
The exclusive place of jurisdiction is Berlin, seat of anymotion-music, if the user is a merchant.