General Terms and Delivery Conditions of PICADO Musikverlag GmbH
These General Terms and Conditions regulate the relationship between PICADO Musikverlag GmbH and the respective purchaser of the software, hereinafter referred to as the "Buyer". The following conditions apply to the sale.
§ 1 Scope of Applicability
For the business relationship between PICADO Musikverlag GmbH and the Buyer, including all future transactions, solely the General Terms and Conditions set forth herein below shall apply in the version applicable at the time of the order. Deviating conditions of the Buyer are not recognized by PICADO Musikverlag GmbH unless PICADO Musikverlag GmbH has explicitly agreed to their validity in writing.
§ 2 Conclusion of contract and withdrawal
PICADO Musikverlag GmbH undertakes to accept the Buyer's order under the conditions on the Estrella website. In case of spelling, printing and calculation errors on the Estrella website, PICADO Musikverlag GmbH has the right to withdraw.
§ 3 Delivery
The delivery of the license key occurs exclusively online via the internet immediately after the order and purchase of the goods by the customer via a menu item in the software. The risk is transferred to the Buyer as soon as the delivery from Estrella Software has been handed over to the Buyer. This also applies to partial deliveries. Information about the delivery date is not binding unless, as an exception, a delivery date has been specifically confirmed.
§ 4 Due date, payment and default
The purchase price is due immediately at the time of the order. Within Germany, the Buyer can pay the purchase price for certain products and delivery via a bank transfer. The purchase price for online orders on the website "flamenco-compas-builder.com" is transferred via PayPal. Should the Buyer fall into arrears, PICADO Musikverlag GmbH has the right to demand the payment of interest on arrears in the amount of 5% above the base interest p.a. set forth by the German Federal Bank. If PICADO Musikverlag GmbH has incurred higher verifiable damage due to a delay, PICADO Musikverlag GmbH has the right to assert this claim.
§ 7 Title retention
Until all of the existing claims against the Buyer have been paid, the delivered goods remain the property of PICADO Musikverlag GmbH.
§ 8 Right of cancellation
In accordance with § 13 of the BGB (German Civil Code), the Buyer has a right of revocation for distance sales contracts. According to the Distance Selling Law, the Buyer may revoke the contract without reason within two weeks of receiving the product. The cancellation can be made in writing or by returning the product; to meet the deadline, timely return is sufficient. Send returns to: PICADO Musikverlag GmbH, Ringstr. 3, D-78052 Villingen-Schwenningen, Germany.
§ 9 Defects guarantee and liability
If the purchased goods are defective and PICADO Musikverlag GmbH is responsible, PICADO Musikverlag GmbH has the right to either repair the defect or replace the product. If PICADO Musikverlag GmbH is not prepared or able to repair defects / replace the goods or delays this beyond the acceptable deadlines for reasons that are PICADO Musikverlag GmbH's responsibility or if the repair of defects / replacement delivery fails, the Buyer may choose to either withdraw from the contract or demand an appropriate reduction of the purchase price.
Unless otherwise agreed upon, additional claims from the Buyer, regardless of the legal reason, are excluded. PICADO Musikverlag GmbH is therefore not liable for damages that have not arisen on the object of delivery itself; in particular PICADO Musikverlag GmbH is not liable for the Buyer's lost profit or other loss of assets. If the liability of PICADO Musikverlag GmbH is excluded or limited, this also applies to the personal liability of employees, representatives and subcontractors.
The aforementioned limitation of liability does not apply if the cause of the damage was intentional or due to gross negligence. It also does not apply if the Buyer asserts claims from §§ 1, 4 of the Product Liability Act, claims due to the lack of a promised characteristic or damage claims due to non-fulfilment as per §§ 463, 480 Sec. 2 off the BGB. The same applies to initial incapability or impossibility that is represented.
Insofar as PICADO Musikverlag GmbH negligibly violates a significant contractual obligation, the obligation to compensate for material or personal damages is limited to the typically incurred damages.
The guarantee is valid for six months starting from the date the risk is transferred. This deadline is a statute of limitations and also applies for claims for compensation of damages resulting from defects due to impermissible handling.
§ 10 Data protection
Estrella Software will only save personal data if it is required for executing the transaction. The Buyer has been comprehensively informed of the type, scope, location and purpose of the collection, processing and use of the information for the execution of the order by PICADO Musikverlag GmbH. The Buyer expressly agrees to this collection, processing and use of their personal data. The Buyer manages his/her own data in the customer section of the Estrella website and thus bears personal responsibility for the content.
$ 11 Licensing conditions
The release data purchased by the Buyer may not be passed on or rented out by the Buyer. The software can be operated on a computer by the Buyer identified by his/her email address. PICADO Musikverlag GmbH reserves the right to verify the release data at regular intervals and, in case of a violation against these licensing conditions, revoke the customer's license.
§ 12 Jurisdiction and applicable law
German law applies. Jurisdiction, unless otherwise agreed upon is in Villingen-Schwenningen, Germany.