Terms and Conditions

I Terms and Conditions for Download
II Terms and Conditions for CD and print products


I Terms and Conditions for Download


1. General, Scope

These terms and conditions take precedence for all transactions in the form of digital data transfer - download transactions. For the purchase of physical products on data-media (CD, DVD or similar) special terms and conditions apply.

All download products and services provided by AudioTravel Dina Hagl (hereafter “AudioTravel” for short) are carried out on the basis of the following terms and conditions, valid at the point in time at which the contract is closed. Any amendment of and/or addition to this agreement requires explicit written permission from AudioTravel to be valid. The same shall apply to any waiver of this written-form requirement.

In the AudioTravel online shop (www.audiotravel.com) audio samples can be listened to for free without obligation. Downloads can also be purchased for the sole purpose of private use. Commercial use is strictly prohibited.

2. Subject of Agreement, Rights of Use

2.1 Subject of this agreement is solely the product ordered by the consumer as confirmed by AudioTravel according to the characteristics and criteria as described at the time of purchase in the online shop respective product description. Other or further product properties and/ or criteria, as well as further usages apply only if they are explicitly confirmed by AudioTravel in writing. This applies especially for the commercial use of AudioTravel products.

2.2 Products offered by AudioTravel are copyrighted material or otherwise protected works. With closure of this contract the consumer obtains the non-transferable, non exclusive usage right limited to the usage as defined in section 2.3. All rights not listed there remain with AudioTravel as the sole owner of all copyright and all other intellectual property rights.

2.3 With the purchase of the product, the customer acquires the right to Download the product (audio in mp3 format; booklet in pdf format) onto the computer of his/her choice, to save it onto this computer and to save it onto a separate medium for the purpose of unrestricted use without limitation of time or location on a player of his/her choice, solely for private use. This also applies to the booklet for printing. Commercial use is strictly prohibited.

The consumer must not copy the product or any part of it for any purpose other than backup under the condition that this copy is solely used for this (backup) purpose. He/she is not allowed to copy, sell, rent, sub-license or provide access to any part of the product - such as included pictures, manuals, accompanying texts or documentation - in any form whatsoever for third parties or for commercial use. Every transfer of rights is prohibited. Every violation will be prosecuted.

3. Requirements of Use

3.1 Personal requirement for the acquisition and use of AudioTravel products is that the customer is at least 18 years of age.

3.2 In order to use AudioTravel products and services the customer must have internet access through an appropriate technology. The associated internet dangers and costs (e.g. for the data transfer via internet) are the full responsibility of the customer.

4. Requirements of Use

The customer must fill out all required fields in the AudioTravel online shop. Once AudioTravel receives the order a confirmation page will be presented to the customer with order details, these details are to be verified for correctness and completeness and confirmed by the customer. Through the confirmation of the order the customer submits an offer to close an agreement with AudioTravel. Once AudioTravel receives the order confirmation and payment the customer is sent a link (an internet site address) through which the customer can initiate the download of the ordered product.

With the delivery of the link to the customer by AudioTravel, the contract is completed.

5. Price

Prices shown at the time of order on the AudioTravel online shop are binding and include the legal sales tax. With an update of prices, earlier prices lose their validity.

AudioTravel explicitly states that the prices do not include costs on the side of the customer for internet connection – particularly for the length of the download transmission.

6. Return Policy

A right to return does not exist under the terms of § 312 d Abs. 4 Nr. 1 BGB, since the download of an AudioTravel product is due to its properties as data media not suitable for return.

7. Deficiencies, Warranty, Liability

7.1 The risk of coincidental loss or degradation of the product is transferred to the customer once AudioTravel sends the download link. The customer is responsible for immediately informing AudioTravel of an incomplete or defective download in writing (e.g. per email), at the latest within a two week period after reception of the link.

In the case where the customer is the end-consumer, he/she has the choice of subsequent improvement or defect free download. AudioTravel has the right to refuse replacement if this replacement causes disproportional expense and subsequent improvement does not pose considerable disadvantages for the consumer.

In case of failure of subsequent improvement, the consumer may principally demand reduction of sales price or reversal of contract (rescission).

7.2 AudioTravel does not warrant that the product meets the specific expectations or requirements of the consumer.

Further, AudioTravel neither warrants nor can be held liable for the product and its functions being in all cases compatible to the consumer’s hardware or software. It is the consumer’s responsibility to meet the necessary technical prerequisites for the use of the product.

AudioTravel cannot be held liable for damages to the product or hardware/software owned by the consumer and resulting consequences which are caused by changes made to the product by the consumer or third parties. The same is true in case of improper handling, operation or treatment of the product by the consumer.

7.3 AudioTravel cannot guarantee that the download is always accessible, particularly not with regard to technical delays that do not lie within the AudioTravel domain. It is not guaranteed that the download requested by the customer is available at a specific time.

7.4 Should the AudioTravel website or the download link not be accessible, the customer can reach AudioTravel with the following email address:

info@audiotravel.com

7.5 The consumer is responsible for his/her desired printout of the booklet in pdf format as well as the print quality of the printer used. AudioTravel cannot be held liable for these aspects.

7.6 In the case where the customer has a claim for damages, the liability of AudioTravel is limited to the compensation of the kind of damages which occurs typically and predictably.

Incidentally, further consumer claims which are connected to incorrect or defective delivery, breach of contractual secondary obligations regarding delivery, as well as any further liability due to negligent breach of obligation are excluded. This is independent of the legal ground or cause in law for the claim.

The above exclusion is not applicable in case of damage caused by intentional or negligent violation of the contract by AudioTravel. Claims made by the customer according to the product liability law take precedence over the above limitation of liability.

8. Privacy

AudioTravel has the right to collect, save and process the customers personal data required for its business transactions according to the federal republic of Germany protection law (Bundesdatenschutzgesetz). This data will solely be used for the handling of orders, the delivery of products, processing of payments, and customer service related issues. A transferal of data to non-involved third parties does not take place.

9. Place of performance, jurisdiction

9.1 The law of the federal republic of Germany is applicable. The United Nations Convention on contracts for the international sale of goods is excluded, even if the order is made outside of Germany or the product is delivered to a destination outside of Germany.

9.1 In case that the customer is a businessman, legal entity or special operating asset, the place of performance and jurisdiction for all arising disputes related to deliveries or services provided by AudioTravel is the domicile of AudioTravel.

10. Final Provisions

In the case where one or more clauses of these terms and conditions are or become partially or entirely invalid does not affect the validity of rest of the terms.

II Terms and Conditions for CD and print products

1. General, Scope

These terms and conditions take precedence in completion of contracts for all deliveries and services by AudioTravel Dina Hagl (hereafter “AudioTravel” for short). Any amendment of and/or addition to this agreement requires explicit written permission from AudioTravel to be valid. The same shall apply to any waiver of this written-form requirement.

Consumer in the case of these terms and conditions is every natural person who conducts a legal transaction for a purpose. This purpose can be attributed to neither his/her commercial nor to his/her self-employment occupation.

Businessman in the case of these terms and conditions is every natural person or legal person or a partnership of legal capacity, who with the completion of a transaction exercises his/her commercial or self-employment occupation.

2. Subject of Agreement, Rights of Use

2.1 Subject of this agreement is solely the product ordered by the consumer as confirmed by AudioTravel according to the characteristics and criteria as described in the respective product description including the later defined purpose of use. Other or further product properties and/ or criteria, as well as further usages apply only if they are explicitly confirmed by AudioTravel in writing.

2.2 With closure of this contract regarding the delivery of a data-media product (CD, DVD or similar) the consumer obtains the non-transferable, non exclusive usage right limited to the usage as defined hereafter. All rights not listed here remain with AudioTravel as the sole owner of all copyright and all other intellectual property rights.

2.3 With delivery of the product, the consumer acquires the right to use the product on any player device of his/her choice without limitation of time or location.

2.4 The consumer acquires the product for the sole purpose of private use. Commercial use is strictly prohibited.

2.5 The consumer must not copy the product or any part of it for any purpose other than backup under the condition that this copy is solely used for this (backup) purpose. He/she is not allowed to copy, sell, rent or sub-license any part of the product - such as included pictures, manuals, accompanying texts or documentation - in any form whatsoever. He/she may not enable public third party access.

3. Return Policy

The consumer may cancel the agreement within 2 weeks without reason in written form (e.g. letter, email, fax) or by returning the delivered products.

The return period begins, at the earliest, upon receipt of these instructions. To meet the return deadline, it is sufficient to mail off, within the return period, a written notification of return or the products. The written return notification or the return of the products should be address to:

AudioTravel Dina Hagl
Otilostrasse 27
D- 82166 Gräfelfing

When returning of a product with a value up to 40 Euros, it is the consumer’s responsiblity to pay for the return delivery, if the delivered products are equivalent to what you ordered. Otherwise the return delivery is free.

Important Notice: Data media (CD, DVD, or similar) products you unseal and custom made products can not be sent back, except in the case where a technical failure exists. The same is true for the delivery of custom made products.

The consumer is solely responsible for damages caused by improper use or insufficient packaging during return shipment.

In case of a valid return after payment, the consumer’s money will be refunded after AudioTravel receives the returned product.

4. Payment, Delivery

4.1 Delivery is made after prepayment of the ordered product via parcel service or the German postal service unless otherwise agreed upon in writing.

4.2 AudioTravel will adhere to a timely delivery as much as possible. Generally, delivery times are only considered mandatory if explicitly guaranteed in writing.

4.3 In the case where the customer is the end-consumer, the risk of coincidental loss or degradation of the product during shipment lies with AudioTravel. Upon reception, this risk is transferred to the end-consumer.

In the case where the customer is a businessman, the risk of coincidental loss or degradation of the product during shipment lies with the customer as soon as the product has been handed over to the parcel service. In the case of default of acceptance by the businessman, the delivery transaction is still considered valid.

5. Deficiencies, Warrant y, Liability

5.1 AudioTravel does not warrant that the delivered product meets the specific expectations or requirements of the consumer.

Further, AudioTravel neither warrants nor can be held liable for the product and its functions being in all cases compatible to the consumer’s hardware or software. It is the consumer’s responsibility to meet the necessary technical prerequisites for the use of the product.

AudioTravel can never be held liable for damages to the product or hardware/software owned by the consumer and resulting consequences which are caused by changes made to the delivered product by the consumer or third parties. The same is true in case of improper handling, operation or treatment of the product by the consumer.

5.2 Given reasonable circumstances, complaints regarding contents of delivery, defects, incorrect delivery and/or quantity variance are to be made immediately in writing, at the latest within a two week period after reception of the product.

In the case where the customer is the end-consumer, he/she has the choice of subsequent improvement or replacement. AudioTravel has the right to refuse replacement if this replacement causes disproportional expense and subsequent improvement does not pose considerable disadvantages for the consumer.

In case of failure of subsequent improvement, the consumer may principally demand reduction of sales price or reversal of contract (rescission).

In the case where the customer has a claim for damages, the liability of AudioTravel is limited to the compensation of the kind of damages which occurs typically and predictably.

Incidentally, further consumer claims which are connected to incorrect or defective delivery, breach of contractual secondary obligations regarding delivery, as well as any further liability due to negligent breach of obligation are excluded. This is independent of the legal ground or cause in law for the claim.

The above exclusion is not applicable in case of damage caused by intentional or negligent violation of the contract by AudioTravel. Claims made by the customer according to the product liability law take precedence over the above limitation of liability.

6. Retention of Title

All delivered products remain property of AudioTravel until complete payment has been received.


7. Privacy (data protection)

AudioTravel has the right to collect, save and process the customers personal data required for its business transactions. This data will solely be used for the handling of orders, the delivery of products, processing of payments, and customer service related issues. A transferal of data to non-involved third parties does not take place.

8. Place of performance, jurisdiction

8.1 The law of the federal republic of Germany is applicable. The United Nations Convention on contracts for the international sale of goods is excluded, even if the order is made outside of Germany or the product is delivered to a destination outside of Germany.

8.2 In case that the customer is a businessman, legal entity or special operating asset, the place of performance and jurisdiction for all arising disputes related to deliveries or services provided by AudioTravel is the domicile of AudioTravel.

9. Final provisions

In the case where one or more clauses of these terms and conditions are or become partially or entirely invalid does not affect the validity of rest of the terms.
 

Copyright 2006 AudioTravel, Dina Hagl
All rights reserved
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