Terms & Conditions

(1) The following general terms and conditions apply to the entire business relationship with the customer. The customer recognizes them for the present contract as binding for him. The customer agrees to use electronic communication for contractual purposes, e.g., in the form of emails from us and the customer also agrees that the electronic communication ensures that the form for all consents and notifications is maintained, unless mandatory statutory provisions stipulate a different form.

(2) The customer waives the assertion of his own purchasing conditions. These do not become part of the contract through our silence or our delivery.

(3) All goods and correspondence with us must be processed via the address given in the imprint (legal notice) on the homepage.

The representations on our website are to be understood as an invitation to submit offers by placing an order, i.e., the order is an offer to us to buy the selected item (s) from us. A purchase contract is only concluded through our explicit acceptance of such an offer by the customer. Detailed information on the ordering process can be found under the menu item Order. The customer places the order (and thus the offer) at the end of the ordering process by clicking on the "Order with obligation to pay" button. We will then send a message by email, which is initially only intended to inform that we have actually received the order and that it is now being processed. However, this notification does not yet contain the aforementioned declaration of acceptance. Rather, we only declare acceptance by notifying of the dispatch of the goods in a further email or by dispatching the goods. No purchase contract is concluded for products from one and the same order that are not listed in such a shipping confirmation.

The processing and dispatch as well as the processing of any complaints takes place via:

Media Agentur Sven Affeld
Bilmerstr. 16
21337 Lüneburg
Germany

(1) The customer is legally entitled to a right of withdrawal in accordance with Section 312g of the German Civil Code (BGB) if he is a consumer, since the purchase of goods on the Internet is a so-called distance contract, as is the case here. With regard to the right of cancellation and its consequences, a separate cancellation policy will be issued and transmitted in text form when the order is placed.

(2) If the customer makes use of his right of withdrawal, he has to bear the costs of the return.

(3) In the case of contracts for digital goods (download articles) that are not delivered on a physical data carrier, the right of withdrawal expires as soon as the execution of the contract begins after the buyer has expressly agreed that the seller can start executing the contract before the expiry of the withdrawal period and the buyer has confirmed his knowledge that he will lose his right of withdrawal by giving his consent at the beginning of the execution of the contract. The buyer agrees to start and confirms that he has taken note of it at the end of the ordering process on the summary page (query via checkbox, set a checkmark) before sending the order to the seller.

Detailed information can be found on the right of withdrawal page.

(1) Unless otherwise agreed, delivery will be made to the address given by the customer. We will dispatch the goods after the payment has been received in full – under normal circumstances, the order will be received by the customer within 10 working days (Monday to Saturday, Sundays and public holidays excluded) after the customer has placed the payment order, if the delivery is to a German address. For deliveries abroad, longer delivery times must be planned accordingly.

(2) Should our supplier fail to deliver the ordered goods to us despite a contractual obligation, we are entitled to withdraw from the contract, provided that we are not responsible for the non-delivery. In this case, the customer will be informed immediately that the ordered product is not available. Any purchase price already paid will be reimbursed immediately.

(3) We are entitled to make partial deliveries in a reasonable manner, especially if individual products have longer delivery times, unless the customer makes use of his right of withdrawal.

(4) The delivery is carried out by the logistics company Deutsche Post/DHL. Delivery times that deviate from this are specifically listed and specifically named on the product page or in the confirmation of acceptance.

(5) Digital goods are only sold as downloads, there are no shipping costs.

(1) Our prices are in euros (€/EUR) including VAT.

(2) The purchase price is due immediately.

(3) The value of the goods results from the value of the ordered and deliverable goods, minus any credits or vouchers granted.

(4) The purchase is made via PayPal or by bank transfer in advance. Purchase on account is not possible. When purchasing via PayPal, the corresponding amount will be collected before the goods are dispatched.

(5) If the customer is in default of payment, we are entitled to demand default interest of 5 % above the base rate per annum announced by the European Central Bank. If we have suffered higher damage caused by delay, we are entitled to assert this.

(6) If the customer is in default with the payment of a delivery, we can withhold further deliveries without being in default. An explicit assertion of our right of retention is not required.

(7) For the timeliness of the payment, it is not the dispatch but the date on which we receive the payment or the payment is credited to the paying agent specified by us that is decisive.

(1) We can withdraw from the contract if, after the conclusion of the contract, it turns out that we have stated prices that are below our actual purchase prices and we are not responsible for this fact because incorrect information from our suppliers has led to this and the corresponding supplier would not be liable to us for the damage caused by the execution of the contract.

(2) We can also withdraw from the contract if it turns out after the conclusion of the contract that we have stated prices that are below our actual purchase prices and that we are not responsible for this fact because software errors have led to this and the corresponding software manufacturer and software supplier would not be liable to us for the damage caused by the execution of the contract.

(3) Our rights of avoidance due to errors remain unaffected by the rights of withdrawal described above.

(4) In the case of the aforementioned circumstances, the media agency will inform the customer immediately and reimburse the purchase price paid immediately.

(1) The packaging takes place according to technical and commercial aspects.

(2) We determine the route and means of transport, unless a special type of dispatch has been expressly agreed. As a rule, the dispatch takes place via the logistics company Deutsche Post/DHL. Packaging and shipping in Germany are made at the expense of the customer. In this regard, proportional shipping costs are calculated depending on the respective destination address and country of destination, a detailed overview of shipping and packaging costs can be called up under the menu item Shipping. In the case of partial deliveries, the shipping costs are only calculated once. In the case of cross-border deliveries and shipping to countries outside the EU, applicable taxes, customs duties or import duties are to be borne by the buyer.

(1) Digital goods are audio recordings that can be acquired in file form.

(2) Digital goods are only available as a download, there are no shipping costs.

(3) The files can be played on all common MP3-compatible end devices; the seller does not accept any liability for compatibility.

(4) The presentation on our website is to be understood as an invitation to submit an offer by placing an order, i.e., the order is an offer to us to buy the selected item(s) from us. A purchase contract is only concluded through our explicit acceptance of such an offer by the customer. Detailed information on the ordering process can be found under the menu item Order.

By clicking the button "Confirm order" in the last step of the ordering process, the customer submits a binding offer to purchase the products in the shopping cart for download. The seller confirms receipt of the order to the customer exclusively by email to the address entered in the order process or stored in the customer account. The payment process can either be made in advance/bank transfer or via an external online payment service provider (PayPal). For the services of external payment service providers, the terms and conditions of the respective provider apply, which can be called up on the homepage of the respective provider. The prerequisite for a successful purchase is the correct entry of the data requested by the customer. The customer completes the payment by clicking on the "Pay now" button (or the same) on the website of the payment service provider after registering or entering his personal data. After successful payment, the customer is redirected to the shop, where the purchased products can be downloaded from the customer account under "Customer account / My orders". In the case of payment in advance/bank transfer, the activation takes place manually after receipt of payment. After successful payment, the customer is immediately sent a confirmation by email to the email address provided and the download is made available in the customer account. By making the ordered products available for download, the seller accepts the customer's offer and the purchase contract is concluded. The purchase contract is considered fulfilled by the seller as soon as the product has been successfully downloaded for the first time.

(5) With the purchase, the customer acquires the simple, non-transferable, spatially and temporally unrestricted right to save, copy and listen to the purchased products as often as desired for exclusively personal and private use, for non-commercial purposes. Purchased products may be copied to various local storage devices, burned to data carriers and only played and used privately. Any further use that goes beyond the rights granted is not permitted. Commercial use and distribution of the products is not permitted. Saving and placing purchased products in data networks is prohibited. The products are copyrighted material. When using the purchased products, the customer must comply with the statutory provisions and the provisions of the German Copyright Act (UrhG) in its respective version. All rights of the authors to the protected works contained on the website are reserved. The download link and the products stored in the customer account on the "My orders" page may only be used by the customer himself and may not be passed on to third parties. The seller reserves the right to add digital watermarks to the products offered. Digital watermarks consist of imperceptible information, which, for instance, can be inserted into audio data.

(6) Insofar as the customer makes use of the shop's services using access data, the customer is responsible for keeping them safe and safe from third-party access and is liable for any action taken with their access data (including payments). If the customer suspects that unauthorized third parties have gained knowledge of this, the personal password must be changed immediately and the seller informed. The customer undertakes not to use a collective email address used by multiple users. The customer is personally and directly liable to third parties in the event of violations of third-party rights. In the case of justified third party claims, the customer is obliged to indemnify the seller, unless he can prove that he is not responsible for the breach of duty that caused the damage. In the event of wilful intent or gross negligence, the seller is fully liable for all damage resulting therefrom. If the attributable breach of duty on the part of the seller can be traced back to simple negligence and an essential contractual obligation has been culpably breached, the seller's liability is limited to typical, comparable damage that occurs in comparable cases. For loss of data for which the shop is responsible or consequential damage caused by a defect, the seller is only liable for damage that can be traced back to data lost up to the last data backup by the customer or up to the previous point in time at which the data backup should have been carried out. Liability for all damages, in particular loss of data and hardware malfunctions at the customer, caused by incompatibility of the hardware and software used by the customer with the seller's shop system and for system malfunctions caused by previously existing configuration defects or old, unusable, not completely removed drivers, data or data fragments, is excluded.

(7) The seller reserves the right to block the customer account in the event of misuse, breach of contractual obligations and obligations as well as default in payment and not to allow new registrations.

(1) Delivered products remain our property until they have been paid for in full (goods subject to retention of title).

(2) Insurance and compensation claims that the buyer acquires due to loss or damage to the reserved goods are hereby assigned to us.

(3) If the customer is in default, he has to grant us access to the reserved goods that are still in his possession at our request, to send us a detailed list of the products, to return the products to us, to delete and/or to destroy them.

(1) With regard to defects in the purchased item, the purchaser is entitled to the statutory claims from the German Civil Code. If there is a defect in the purchased item, the customer can initially demand supplementary performance = delivery of a defect-free purchased item. The defective purchase item initially delivered must be proved by the buyer and reported to the seller in writing (e.g., by email). A possible return takes place at the expense of the seller. If the supplementary performance fails, the customer can either reduce the purchase price according to the defect or withdraw from the contract entirely.

(2) If the delivered goods have obvious material defects, the customer must notify us of these defects at the latest within fourteen days after receipt of the goods, specifying the defects and referring to the order number. The relevant point in time for compliance with this notification period is not receipt by us, but the postmark or the date on which the notification of defects was sent. A deficiency is always obvious when it is noticed without special attention. The belated notification of such obvious defects leads to the loss of warranty rights with regard to such defects. For defects that are not obvious, however, the statutory limitation periods apply.

(3) If the customer is a merchant within the meaning of the German Commercial Code, the special obligation to give notice of defects in commercial transactions according to Sections 377, 378 of the German Commercial Code remains unaffected.

(1) The buyer can only assert a right of retention if it is based on the same contractual relationship. He is only entitled to offset if we do not dispute the counterclaim or if it has been legally established.

(2) If the customer is a merchant within the meaning of the German Commercial Code, his rights of retention are excluded.

All agreements with us are subject to German law.

However, this does not apply if a consumer domiciled abroad orders from us and the above choice of law would deprive him of the protection granted to him by the provisions of the country in which he is based. The provisions of the United Nations Convention on International Purchase contracts do not apply.

The ineffectiveness of one or more clauses of these general terms and conditions does not affect the effectiveness of the rest of the contract. The statutory regulations replace the ineffective regulation.

(1) The place of performance for all rights and obligations arising from the business relationship is determined by the statutory provisions.

(2) If the customer is a merchant within the meaning of the German Commercial Code, the exclusive jurisdiction of the court at our headquarters is agreed for all disputes arising from the contract. Our right to assert our claims at another place of jurisdiction remains unaffected in relation to merchants.

(3) We can also assert our claims against a customer who is not a merchant if he does not have a general place of jurisdiction in the Federal Republic of Germany or if he moves his place of residence or usual place of residence out of this area after conclusion of the contract or if his residence or habitual abode is not known at the time of the judicial assertion of the claim.

The platform for online dispute resolution of the European Commission can be reached at: https://ec.europa.eu/consumers/odr.

We are neither willing nor obliged to participate in an arbitration procedure before a consumer arbitration board.

Information on the type and scope, place and purpose of the collection, processing and use of the personal data required by us for the execution of orders can be found in the data protection declaration.