Terms of Service

§1 Conclusion

1.1
Gramophone Productions provides customers with the transfer of music tracks for use as a square dance to music. The songs are on a CD, mini-disc, put online as MP3 or vinyl record available. Once the customer submits the order, whether as a mail order („Order by Email“), or through an online shop, he ordered him out of the selected songs to the following terms and conditions. This also applies to a telephone and mail order. Before doing so, please read carefully the terms and conditions. With the order of songs from Gramophone Productions, the customer declares that he has read the Terms and Conditions and agree with them.
1.2
Illustrations and descriptions of the songs on the internet and in product specifications are not as accurate. The customer the technical possibilities and conditions of the media of the songs are well known. On request divides Gramophone Productions with additional technical details.
1.3
For the musical rights to the songs Gramophone Productions pays the royalties due to GEMA.

§ 2 Scope

The business relationship between Gramophone Productions and the Customer, the following terms and conditions applicable at the time the order is placed. Different conditions of the Customer Gramophone Productions does not, unless Gramophone Productions has expressly agreed in writing.

§ 3 Warranty

3.1
Gramophone Productions ensures that the tracks can be used in accordance with the ordered media to the appropriate medium for the players. Gramophone Productions does not warrant that the songs are suitable for the customer’s intended tasks.
3.2
Gramophone Productions does not warrant that included texts are accurate or error free, since this is a free courtesy by Gramophone Productions.
3.3
Gramophone Productions can provide warranty by repair. The repair is carried out at the discretion of Gramophone Productions by providing new media or the fact that Gramophone Productions edit media after. If the repairs after several attempts despite set in writing a reasonable period of limitation definitively and unequivocally, the customer has the right to reduce the price or to cancel the contract. For compensation claims § 9 applies.
3.4
The customer is obliged to examine the media immediately after the release and obvious defects at least within a week, under specification writing of any defect (also via email).

§ 4 Rights

4.1
The customer gets to the SONGS a simple, unlimited time use in the scale described below. All rights not specifically mentioned remain, moreover, as between the contracting parties at Gramophone Productions.
4.2
The customer is entitled to use the music in any technically appropriate computer / player. The music must also be at any one time used by one person on one computer / player, never simultaneously. On two or more computers / players, either by the same customer or different people The right of use applies only to the original record of the delivered media. The customer can create a backup copy of the media that he is not allowed to use the same time in addition to the original data.
4.3
The customer is prohibited without prior written consent of Gramophone Productions not transfer the songs in a different way than using technically described in § 4.2, to reproduce and disseminate to let the music to give, to share with third parties or in any other manner to allow the use by third parties; Edits and arrangements that the customer has made (including film music and multimedia works, etc.) to reproduce and distribute; the data contained in the copyright notices, other legal reservations, serial numbers or other identification data serving to modify or remove features. the songs to a third party, unless the customer provides the use of the files permanently and retains a copy.
4.4
Gramophone Productions makes the customer explicitly (especially GEMA) needs to point out that the following uses are PRO-reportable and subject to remuneration and to that end being the permission of the copyright owner of the song itself:
perform the song, send, play in public, or to third parties in any way make available;
Edits and arrangements (including music, multimedia works, etc.) to produce, perform, transmit and publicly reproduce in any form.
4.5
Does the use of the songs by the customer not the requirements of the mentioned rights and thereby rights of Gramophone Productions violated Gramophone Productions is entitled, without proof, the remuneration for the respective songs in double height, but € 250.00 least as minimum damage to calculate. The right to claim further damages is not excluded.
4.6
Depending on order Gramophone Productions is committed to provide the customer with a usage exclusivity. They must have:
Absolute exclusivity: Gramophone Productions will sell the item only erstbestellenden the customer to use. Disclosure to third parties is not provided by either party. The copyright will remain, however, in each case at Gramophone Productions. Limited exclusivity: Gramophone Productions will sell the item to the customer erstbestellenden for exclusive use for one year. Disclosure to third parties is by both parties during this time provided. Then Marketing by Gramophone Productions as „Small Series can (see) done. The copyright will remain, however, in each case at Gramophone Productions.
Small Series: Gramophone Productions will produce the title to the wishes of erstbestellenden customers and sell the title in a limited edition. The copyright will remain capped at Gramophone Productions. The titles can be performed by the GP staff for promotional purposes.
Gramophone Productions reserves the right to publish the title of the Small Series two years after to generally available again.
Gramophone Productions reserves the right to reject the creation of individual titles as a Small Series and as the initial offer limited exclusivity.

§ 5 Prices, Discounts and Special Offers

5.1
The current pricing and fee structures (quantity discount) and the shipping cost in offline sales, check out our price list or the individual offer.
5.2
Gramophone Productions reserves the right, with larger production cost caused by changes of the customer, the cost of production to put effort and prior consultation with the client to be charged.

§ 6 Payment

6.1
The customer must pay the fee in online sales by payment of his account or by credit card or in offline sales by direct debit, credit card or COD.
6.2
Until settlement of all claims by Gramophone Productions against the customer, the license granted under the condition of full compensation of these claims.
Gramophone Productions can revoke the right of use, if the customer is in default and also written warning with the intention to revoke or not paid when the terms and conditions (§ 4) does not comply.
6.3
A resolution of the customer’s account at any time. If the customer at this time has a credit balance in his account, this will be refunded to him in the light of § 6.4. For it rises Gramophone Productions a processing fee to EUR 5.00.
6.4
All grants awarded on the basis of the agreed quantity discounts are currently void, and the actual quantity of the customer account is recalculated.

§ 7 access to the online environment

7.1
The customer is responsible for ensuring that no unauthorized third party access to their personal online data (username and password) receives.
7.2
The customer will Gramophone Productions immediately if he lost the personal access data coming or when otherwise the possibility of abuse of the customer’s account by a third party is. After receipt of the loss report Gramophone Productions will lock the account of the customer immediately. Before receipt of the loss report Gramophone Productions not liable for unauthorized retrieval of music files and related withdrawals from the account. Third call in the period between the loss of the message and disabling the customer account more music from, the customer shall bear the costs arising up to an amount of EUR 50.00 (loss allowance). Up to the amount of the loss can package Gramophone Productions also provide the customer the cost of handling the loss report charged.

§ 8 Data

In the context of the contractual relationship became known personal data may Gramophone Productions handle it only for internal purposes and on the basis of the data protection laws. Gramophone Productions may use the data if necessary, passed on to suppliers for the purpose of performance and billing the service contracted for.

§ 9 Liability

9.1
Unless otherwise specified below, further claims of the customer – for whatever reasons – are excluded. Gramophone Productions is not liable for damages that are not caused to the item itself, especially not liable Gramophone Productions for lost profits or other financial damages of the customer. Where the liability of Gramophone Productions is excluded or limited, this also applies to the personal liability of employees, representatives and agents.
9.2
The above limitation shall not apply if the damage is caused by intent or gross negligence or a personal injury. It also does not apply if the customer claims under § § 1, 4 Product Liability Act claims because of the lack of a guaranteed property or damages for non-performance in accordance with § § 463, 480 paragraph 2 BGB.
9.3
Unless Gramophone Productions violates a contractual obligation, the obligation to compensate for damage to the typically resulting damage.

§ 10 Cancellation – and Return Policy

10.1
When ordering by mail, fax, letter, telephone and other means of distance communication have customers who are consumers (ie the Treaty of songs not in their commercial or independent professional activity to complete) a right to cancel the contract in accordance with § § 312 d, 355 BGB. This only applies if the customer has ordered the songs to CD / MD, and if the customer has not unsealed the media supplied (§ 312 Section 4 para. 2 BGB).

When you download tracks in online sales is no withdrawal, as the online surrendered files are not suitable for return to Gramophone Productions (§ 312d section 4 para. 1 BGB).
Songs that are created on behalf of customers are excluded from a return.
10.2
The period for revocation begins at delivery by mail upon receipt of the supplied music tracks for customers. Requirement for the period beginning remains that Gramophone Productions has communicated to the customer no later than the delivery of goods, the information required by law (§ 312c paragraph 2 BGB). The right expires without notification of this information no later than 6 months after delivery of the songs.
10.3
The revocation is in writing, that is explain by email, letter or fax to the following address:
Gramophone Productions
Stankertstrasse 35
78052 VS-Tannheim
FAX: +49 12126-joekromer
info [at] gramophoneproductions.de
The withdrawal can be explained by returning the goods to this address. He must not be justified. To meet the two-week withdrawal period is sufficient to send.
10.4
If the customer has exercised his right of withdrawal, he is required to return the supplied music tracks required. Gramophone Productions will pay the costs of returning the goods if the order is at least € 25.00. Gramophone Productions pays the purchase price to be refunded and return shipping charges back by bank transfer to the account specified by the customer, or on request as a credit to the service account, if it exists.
10.5
If the goods have arrived at the customer damaged or deficiencies, the rules apply to the guarantee (no. 3 Conditions). For questions about the right of withdrawal, we make you information.

§ 11 Applicable Law

All relations arising from this contract are subject to the laws of the Federal Republic of Germany, excluding the CISG. To the extent that the customers are merchants, a legal person of public law or to persons who have their domicile or establishment abroad, place of performance and jurisdiction for all disputes Villingen-Schwenningen.