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TERMS OF USE
1. Applicability
(1) The following Terms and Conditions (T&C) of Use apply to any and all usage of this website and any of its parts, including but not limited to static content, dynamic content, cookies, E-mails, notifications, sales transactions/purchases in our online shops
(2) Consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession (Section 13 of the German Civil Code BGB).
(3) The respective version of these T&C are valid and applicable at the time a contract is concluded.
2. Conclusion of contracts/Storage of the contract text
(1) Purchase contracts in our online shops are concluded by you and:
Wrong Notes Music, Kuglerstr. 60 10439 Berlin, Germany
(2) The presentation of products in our online shops does not constitute a legally binding offer but only a non-binding request to consumers to order products in our online shops. You are submitting a legally binding offer to purchase products from our online shops by clicking on the
a) you have chosen the product(s) you want to order,
b) you have submitted all the relevant information we need to process your order (name, shipping address, billing address, e-mail-address, requested payment method and payment information) by filling out the respective online forms,
c) you have agreed to these T&C, Privacy Policy and your Right of Revocation,
d) you have provided a valid payment mean and
e) you have clicked on the confirmation
After we receive your order we are sending an order confirmation to you to the e-mail address you have submitted to us. This order confirmation mail contains order details, such as a list of product(s) you have ordered, payment information and information on consumers‘ right of withdrawal.
(3) In case of ready and immediately available digital products, you will also receive a link on E-mail (within the same or in a different message) to download them to your computer. The number of available downloads is up to 3 per each file in the digital product. Download links expire after 14 days.
(4) In the event that products you have ordered are temporarily or permanently not available we will inform you accordingly via e-mail.
(5) Before submitting your legally binding order you may view all information you are submitting to us and correct wrong information in the respective online forms or get back to our online shop by clicking on the „Back“ button of your internet browser. You can also cancel or interrupt the ordering process before clicking on the
(6) You can view and print these T&C from our websites at any time. Order details are only stored in our internal systems and will not be available online after your order has been submitted to us.
(6) The language of this contract is English.
3. Prices, Payments and Shipping costs
(1) We accept the following payment methods: Credit Cards (via Stripe) and PayPal.
(2) We accept payments in the following currencies: EUR €, USD $.
(3) All product prices stated are the prices to be billed, notwithstanding any special discounts, deals or sales that will appear in the shopping cart, checkout form, order confirmations and invoices.
(4) Prices are not including Value Added Tax (USt. / MwSt.), since we as a VAT-exempt business in Germany (Umsatzsteuerbefreit) and are neither allowed nor required to collect VAT according to §19 (1) UStG.
4. Shipping
(1) As explicitly specified shipping costs of Physical Products must be added and be borne by you. A detailed list of shipping costs can be found in our Shipping page.
(2) You also have to bear any other costs that accrue from shipping items, such as additional tolls or taxes for deliveries to countries outside of the European Union. Valid sales prices apply as on the day the contract has been concluded.
(3) Unless expressly indicated otherwise in the respective product details all items will be shipped after reception of their full price. The delivery time is pending on shipping times as specified in our Shipping page, unless otherwise indicated on that page or on the shop or product pages.
(4) The risk of accidental destruction or accidental worsening of purchased products will not be transferred to the you until the item has been delivered to you or until you have defaulted on accepting delivery.
(5) If not agreed otherwise, all items will be sent from us to the shipping address indicated by the purchaser. The purchaser will be charged for any additional costs that accrue, if the purchaser or any other person assigned by purchaser is not present at the indicated delivery address when the products are delivered.
5. Reservation of ownership
Until complete payment of the sales price the purchased products shall remain our sole property and in our possession.
6. Intellectual Property
You agree that the website and its products contain content specifically provided by us or our partners and that such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any content accessed through the Service.
We grant you with a non-exclusive, non-sublicensable and non-transferable license to use, modify and reproduce the content, solely for personal, non-commercial use. Any use, reproduction, modification, distribution or storage of any content for other than personal, non-commercial use is expressly prohibited without prior written permission from us, or from the copyright holder identified in such content’s copyright notice. You shall not sell, license, rent, make copies of or otherwise use or exploit any content for commercial use or in any way that violates any third party right.
7. Right of revocation for consumers
(1) Digital Products are non-revocable and non-refundable, effective immediately from the time of them being issued or becoming available to you.
(2) Pre-ordered products may be revoked at any time before being shipped (Physical Products), or issued or otherwise become available to you (Digital Products).
(3) For other purchased products you have the right to revoke this contract within 14 days, if one or more of the following terms are met:
(3.1.) You have received the product and return it to us in its original, unharmed and unmodified condition.
(3.2.) You have received the product, opened or used it and found it to have come materially damaged, defected, faulty or not looking or working as advertised.
(3.3.) The product or service purchased does not match any legal exemptions criteria – see further below (12).
(4) The revocation period will expire after 14 days from the day on which you acquired, or a third party other than the carrier and indicated by you acquires, a physical possession of the product.
(5) To exercise the right of revocation, you must explicitly inform us in writing to our address or the E-mail as they are stated in our Imprint page of your decision to revoke this contract by an unequivocal statement (i.e. a letter sent by post or e-mail). You may use the attached model revocation form, but it is not obligatory.
(6) To meet the revocation terms:
(6.1.) You must send your communication concerning your exercise of the right of revocation before the revocation period had expired.
(6.2.) Unless otherwise instructed, you must ship the product back to us within 12 business days from the time that you have notified us about the revocation.
(6.3.) The product has arrived to us in the same condition that you received it, as detailed in this section’s conditions (3.1.).
(7) In case the product has arrived to you defected or damaged as defined in condition (3.2), you must provide us with your receipt for the cheapest tracked shipping option for this product.
(8) In case you are returning it for another reason, you shall bear the shipping costs back to us.
(9) In case you revoke this contract for a purchased product and meet all its revocation terms, we shall refund to you the full payment received from you for that product, not later than 12 business days from the day on which we received the product back.
(10) In case of an defected or damaged product as defined in (3.2) and pending the receiving of the shipping back receipt, we will add that amount to the reimburse amount.
(11) We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless we have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
(12) Legal exemptions: Please note that the right of revocation does not exist i. a. for contracts for the supply of sealed audio or sealed video recordings or sealed computer software, if they were unsealed after delivery (Section 312 g (2) No. 6 BGB) as well as for contracts for the delivery of newspapers, periodicals or magazines with the exception of subscription contracts for the supply of such publications (Section 312 g (2) No. 7 BGB). Furthermore the right of revoke expires in the case of a contract for the supply of digital content that is not contained in a tangible medium, if we began with the performance of the contract after you have expressly consented to us beginning with the performance of the contract prior to expiry of the revocation period, and have acknowledged that by consent, you would lose the right to revoke from the contract upon the performance of the contract having commenced (Section 356 (5) BGB).
End of the information on the right of revocation.
9. Example revocation form
(complete and return this form only if you wish to revoke a product by aforementioned terms)
via post to:
Wrong Notes Music
c/o Yuval Ron
Kuglerstr. 60
10439 Berlin
Germany
via e-mail to: info@yuvalron.com
I/We (*) ________________________________
(first name, last name)
________________________________
(street, no.)
________________________________
(postal code, city)
hereby give notice that I/We (*) revoke my/our (*) contract of sale of the following product (*):
Name of article: ________________________________
Article-No (*): _____________________________
Order-No. (*): ________________________________
Ordered on date (*): ________________________________
Received on (*): ________________________________
Reason for revocation: [Product damaged/defect] -or- [Returned in unused condition] (*)
Description of damage, defect or malfunction (*): ______________________________________________
Signature of consumer(s) (only if this form is notified on paper), – Date
________________________________
(*) Delete as applies.
9. Liability
(1) We are liable for damages caused by own wilful or gross negligent acts independently of the legal basis of such claims. In the event of simple negligence we are only liable for breaches of essential contractual obligations limited to compensation payments for direct and foreseeable damages. In the event of simple negligence we are not liable for indirect and consequential damages or lost profits. Our essential contractual obligation is especially our obligation to deliver products free of defects.
(2) We point out that in spite of all diligence taken with regard to the management of the range of products, it can not be excluded in individual cases that audio or video recordings or printed matter contain contents that are not conform with legal standards or contra bonos mores in certain countries or morally harmful to young people. We expressly proclaim that no guarantee that no content of the aforementioned kind is contained in the delivered audio or video recordings or printed articles. The assertion of any claims for damages in this respect is excluded.
(3) The exclusions and limitations of liability as set forth in the above mentioned provisions (1) – (2) of § 9 also apply to our employees, representatives or any other agents or subcontractors.
(4) The exclusions and limitations of liability as set forth in the above mentioned provisions (1) – (2) of § 9 do not apply to damages caused by wilful or gross negligent acts, in the event of harm caused by injury to life or health, in the event of breaches of boni mores or infringements caused by wilful or gross negligent acts or to claims based on §§ 1 and 4 of the German Product Liability Act (Produkthaftungsgesetz – ProdHaftG). The exclusion of liability as set fort in the above mentioned provisions (1) – (2) of § 10 does also not apply in the event of simple negligent breaches of essential contractual obligations in which case our liability is limited to compensation for direct and foreseeable damages.
10. Privacy Policy
By using this website in any or all of its sections you understand and agree to our Privacy Policy as it is specified in our Privacy Policy page.
11. Online Dispute Resolution according to EC Directive 2013/11/EU on consumer ADR
The European commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.
12. Final Provisions
(1) We reserve the right to change, at our sole and full disclosure, these T&C without prior or other notice, in accordance with the German law. This includes the terms of Privacy Policy, Right of Revocation and any other legally binding contract pertaining to this site.
(2) German law applies to all purchasing contracts between us and you the customer on the basis of these T&C, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
End of T&C.
