These general terms and conditions (AGB for short) are valid for the use of audio downloads (hereafter referred to as downloads)as well as the purchase of CDs and/or vinyl records.
Your contractual partner in this respect is PALAVER Event- und Medienproduktion GmbH (called "provider" in these GTC).
An der Üleburg 2
Local Court Cologne
Tax number 219/5829/3056
Tax office Bergheim
1.2 Private non-commercial use
The use of the purchased music titles (albums) is permitted exclusively for private and non-commercial use, furthermore the use has to be in accordance with German law, especially German copyright law. Should third parties make a claim against the provider due to infringements of rights committed by you and/or attributable to you, you are obligated to hold the provider completely free of claims and damages.
The Provider allows you to listen to the music titles on a trial basis for up to 60 seconds. The trial listening is non-binding and free of charge.
(1) You can select the entire album from the range of music titles and place it in the shopping cart.
(2) During checkout you will be asked to enter your login data. If you do not have any login data yet, you can register and create a customer account to get your login data.
(3) When creating the customer account, you must check a box that reads: "I have read the T&Cs and agree to them unconditionally and without reservation.". By confirming this box, you are deemed to have read and accepted these GTC. Thus, you are liable in case of disregard of the various obligations resulting therefrom.
(4) The contract is concluded by clicking the button "Paypal" or "Debit or credit card" .
(5) The contract is concluded subject to the availability and deliverability of the downloads selected by you.
2.3 Order confirmation
After the order process, you will receive an invoice to the e-mail address you provided during registration.
2.4 Execution of the downloads
(1) The download is carried out via a link which is available to you in your personal area after payment.
(2) The download is started by clicking on the link, whereby the files are stored on the computer used by you as a .zip file.
The format of the download can be found in the respective product description.
2.6 Shipping and delivery time of CDs and vinyl records
After full payment, CDs and vinyl records will be shipped to the address stored in your customer profile.
Information about the delivery time is not binding.
(1) The downloads offered are copyrighted or otherwise protected works. You hereby expressly acknowledge the existence of these rights. Within the scope of this offer, you acquire the simple, non-transferable right to use the offered downloads for exclusively personal, non-commercial use in the respective manner offered.
(2) It is not permitted to change the downloads in any way or to use changed versions, to copy the downloads for third parties, to make them accessible or forward them, to imitate them, to resell them or to use them for commercial purposes. A further transfer of the rights to third parties is expressly excluded. The transfer of rights to the agreed extent is made with the conclusion of the download or the purchase of CD and / or records, but is subject to the full payment of the purchase price.
The prices stated on the donpharao.com website at the time of the order shall be decisive in each case. All prices quoted are inclusive of value added tax. The prices stated do not include online costs incurred by the respective internet service provider, in particular with regard to download time.
5.1 Payment via Paypal
The payment is processed via the service provider Paypal. Payment by Paypal is also possible without a Paypal account.
5.2 Payment by credit card
If you decide to pay by credit card, this will also be processed via Paypal. A registration with Paypal is not necessary.
5.3 Transmission of payment data
The transmission of your payment data is encrypted.
The bank information that you use for payment (card number, account number, Paypal login, etc.) are not stored by the provider.
6.1 Consumers have the right to revoke their declaration of intent to conclude the contract within two weeks. The revocation does not have to contain any reasons and must be declared to DON PHARAO in text form (e.g. letter, e-mail); the timely dispatch of the revocation is sufficient to meet the deadline. The period shall commence at the earliest upon receipt of these instructions.
6.2 The right of revocation does not apply to goods that are mentioned in § 312 d para. 4 BGB. These include:
* Delivery of goods that are manufactured according to customer specifications or are clearly tailored to the personal needs of the customer or that are not suitable for return due to their nature (e.g. music or software downloads) or can spoil quickly or whose expiration date would be exceeded, * Delivery of audio and video recordings or software, provided that the delivered data carriers have been unsealed by the consumer.
6.3 Special notes
Your right of revocation shall expire prematurely if the provider has begun providing the goods or performing the service (providing the download link for the customer) with the customer's express consent before the end of the revocation period or if the customer has initiated this himself.
The right of withdrawal does not exist or expires in case of delivery of audio or video recordings, CDs or vinyl records in a sealed package, if the shrink-wrap has been removed, is damaged or the seal is no longer intact.
The risk of accidental loss and accidental deterioration shall pass to you upon provision of the download link.
8.1 Damages in connection with the download
Please note that downloading is at your own risk. You are solely responsible for any damage to your computer system or other technical equipment used for the use for the loss of data or for any other damage due to the downloads or other transactions in connection with the offer. In particular, you bear the risk for loss of data after the download, including losses due to computer or hard disk failure. The Provider shall not be liable for any damages caused by any incompatibility of the components present on the computer you are using or any other system malfunction of the computer you are using.
If you are unable to complete a download process, please contact: spprtdnphrcm.
8.2 Deliberate or grossly negligent conduct
(1) The liability of the provider, insofar as such liability exists for whatever legal reason, shall in any case be limited to damages caused by intentional or grossly negligent conduct. In any case, liability for indirect damages and untypical consequential damages is excluded and limited to the amount of damages typical for the contract. Any mandatory legal provisions that give rise to liability on the part of the Provider shall remain unaffected.
(2) The above limitations of liability shall not apply in the event of bodily injury, damage to health or loss of life attributable to the Provider.
The Provider warrants in accordance with the statutory provisions that the music title provided for use complies with the contract at the time of delivery.
8.4 Deletion of our offer
The provider reserves the right to permanently discontinue an offer or the entire offer on this website without prior notice or compensation. The provider assumes no liability for damages of any kind resulting from such measures.
German law shall apply exclusively to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) as well as the reference norms (IPRG, EVÜ).
Place of jurisdiction is Cologne.
Should one or more provisions of these GTC be invalid, this shall not entail the invalidity of the entire contract.
For questions regarding our GTC or complaints, please use the contact form on donpharao.com.