TERMS & CONDITIONS

1 Subject to the conditions

The present General Terms and Conditions (GTC) govern the use, utilization and download service through the website www.antoniomacan.de (hereinafter given as provider). The Customer acknowledges that with the confirmation of his registration, or the authentication via e-mail for purchases made on the provider, the irrevocable validity of these Terms. Any contrary or deviating conditions of the customer are hereby excluded.

2. Scope of Services

The provider offers the customer music notes. Use of music notes covers only the use as end users. Musical notes, which are presented on the website www.antoniomacan.de, can be viewed online through the web browser using a preview. After the purchase, the customer can download the prestigious notes as a PDF file on his PC, or on-demand and the notes can be printed online on his printer. Print Notes On Demand can be found in ‘My Notes’-in Customer´s Area – available for printing after Shopping, for a maximum of 7 days. Later printing is no longer possible.

2.1. Sign up

2.1.1. Registration for use of the music downloads.

Registration is the prerequisite for the use of application offered. The free registration is automatic through the first purchase via the shopping cart. The password and login will be sent to the customer shortly after successful registration per e-mail.

2.1.2. Free service after registration

With the receipt of the password and the login for the supplier, the customer has the option to download and print out the offered free music notes.

2.1.3 Paying after registration

With the receipt of the password and the login for the supplier, the customer gets access to receive and select paid-musical notes, which he can listen to or print out in advance. Payment is made by electronic direct debit (ELV), a credit card charge, sofortueberweisung.de for Germany, as well as by means of any credit cards load and sofortueberweisung.de for Austria and Switzerland, or PayPal payment (from 14 €) for all countries.

2.2. Software

An additional software is not necessary to use the music downloads. The web browser of the client must be image files (PNG, PDF) compatible and for the use of print notes a current Flash plugin must be installed. It is recommended to always have the latest browser software installed on your computer.

2.3. Test Prints

The provider allows free print of exemplary music notes for the customer to ensure proper printing. There is always an instruction for the customer to make a test print in advance placed on top of each music note. Immediate Printing is not available for print notes with the item no. « fbd … ».

2.4. Acquisition of musical notes

The contract is concluded by offering and providing the customer the service of the seller after the customer has selected a product. In the provision of services is the declaration of acceptance by the seller. In certain cases, when good reasons exist, the provider reserves the right to refuse the request for completion of the contract. If the customer has chosen a song, he can put this in the cart. The customer has always the right to perform a test print before paying for music note (except for on-demand print notes with the article number « fbd … ».). For multiple-page sheet music, it is usually allowed to print the first page of the title. If the music has only one page, the free music note offered can be used as test print. The acquisition of the song is effected through by payment in your shopping cart menu. Payment will be made exclusively via a query form for automatic retraction of the sum to be paid. A refund of credits unused shall be made with proof of unsuccessful download process, or the non-Conducted print on-demand print notes with the item no. « fbd … ». In the case of an incomplete or broken download process, the customer a chance to re-cover the title at no additional cost. Quick Print notes with the item no. « fbd … » can be repeatedly printed free of charge up to 7 days after purchase. By downloading or printing the notes via client computer, any copyrights, ancillary copyrights, or other intellectual property rights are transferred. This refers in particular to trademarks, naming rights, photos, etc. Any other use, such as storage, processing, transfer, lease, sublicense, physically and non-physically in particular the making available to the music note / backing tracks on the Internet and other electronic networks, or databases, as well as the commercial use is prohibited. The provider reserves the right to stamp the song with the customer’s data in the footer or in the file so in case of violations, to accurately determine the origin of the discovered music title.

2.5. Cancellation digital content (Download / Notation)

For an immediate supply, makes / editing of digital content explicit consent to the premature termination of the right of cancellation by the customer is necessary. This is checked at the end of the shopping cart process of each customer by clicking on a checkbox: The approval and confirmation knowledge of premature expiration of the right of withdrawal is sought to when the checkbox is crossed. A refund or cancellation of PDF and MP3 download files, computer files, and online instant printing notes fundamentally are not suitable and cannot be returned due to the possibility of continued use and easy reproduction. Furthermore, the customer has a reasonable opportunity to test the music note online at his pleasure, so that “because you do not like it” argument is excluded. Besides, the same guidelines which reign for the sale of printed music works are equally applicable to these music notes.

2.6. Complaints

Customer complaints should be sent to the address given in the imprint or contact.

3. Obligations of the Customer

3.1. All payment terms are defined in section 2.4 and must be complied with by the customer. The agreed prices must be paid on schedule.

3.2. The personal password and login to the provider shall be kept secret and must be changed immediately by the customer if the customer suspects that unauthorized third parties have knowledge to it.

3.3. The provider reserves the right to terminate the Customer’s access to the services provided, if established that there is a breach of contract from the customer. The payment obligation of the customer persists blocking notwithstanding.

4. Use by Third Parties

4.1. The customer has to pay the costs resulting from authorized use of his activated account by the provider through a third party.

4.2. The customer has to pay costs arising from unauthorized use of the music downloads, if and to the extent he is responsible for the unauthorized use, especially when the point 4.2. mentioned responsibility has been culpably violated.

5. Terms of payment, late payment (see also 2.4)

5.1. For debit / Direct debit, the customer is obliged to provide enough coverage. If a direct debit is not redeemable or is this contradicted a handling fee of € 15.00 will be billed in addition to the bank charges. In this case, the customer information will be included in a log file and transmitted to other companies that also use the direct debit. After bill payment, the entry in the log file is deleted.

5.2. If the customer is in default of payment, the provider can block the access of the music download at the expense of the customer.

5.3. All rights are reserved for the seller for further legal claims due to delay in payments.

5.4. A compensation right with any demands being entitled to it is entitled to the customer only, as far as these counterclaims are legally ascertained, indisputable and are recognised. The retention right and the objection of the non fulfilment of contract remain untouched.

6. Restriction of liability

The liability for damage is excluded, in particular for overruns or hardware disturbances which are caused by incompatibility on the PC system of the customer to available components with the new software or for system disturbances which can originate from available wrong configuration or older, annoying and completely related drivers.

7. Other conditions

7.1. The customer can transfer the rights and duties from the respective contract only after previous approval of the supplier to a third party.

7.2. Herewith the customer gives his approval that the supplier stores his data for the purpose of customer management with the registration and its use. The data are treated strictly confidentially and will not be transmitted to third parties or used for other purposes e.g. advertising purposes.

8. Data storage

According to §28 of the federal data protection act (BDSG) we must draw attention to the fact that the data necessary within the scope of the commercial necessity are processed by means of an IT System according to §33 (BDSG) and are stored. The buyer agrees that we only use his information in connection with business purposes with him and in accordance with the purposes of the data protection regulations. You will find further information on the data protection here.

9. Place of fulfilment, legal venue

Place of fulfilment and legal venue is Frankfurt am Main.

10. Urheberrecht und geistiges Eigentum

The pages of the Internet shop antoniomacan.de as well as its contents and data are under copyright protection according to §72 Copyright law. Publication, duplication as well as imitation, only admissible with written approval of the originator.

11. Copyright and intellectual property

Regulations are valid the topical data protection it.

12. Severability clause and final regulations

Should single points in these Terms and Conditions be ineffective, this does not involve the effectiveness of the remaining regulations. Ineffective regulations are to be substituted with effective regulations which come possibly very close to the original purpose.
The supplier carries out your orders on the basis of the above general commercial terms (Terms and Conditions).

The contractual relationship and its validity are under the right of the Federal Republic of Germany.
Dated: 13/06/2014