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Better Music
2220 Meridian Blvd - Suite # 78971 - Minden, NV 89423 - USA
therearenostupidquestions (at) better-music.com
Please note, that we are not interested in any Demos.

GENERAL TERMS & CONDITIONS ONLINESTORE

Application Area

All conclusions of contracts, deliveries and other services rendered by ’Better Music’ are solely based on the following General Terms and Conditions and in the version that was in effect at the time when the respective service was rendered. Different provisions shall only apply if confirmed by ’Better Music’ in writing.

Conclusion Of Contract

Any offers made on the internet sites of ’Better Music’ are legally non-binding invitations to the customer to order goods or to acquire musical recordings in a non-physical format (download). Ordering goods or downloading musical content is performed by filling out and returning the online form on ’Better Music’ website either via e-mail or via telefax, telephone or regular mail. By placing such order, the customer committs himself to conclude a legally binding contract of purchase and, furthermore, confirms he is of full age and of full legal capacity. ’Better Music’ is not obliged to accept the order made by the customer. Confirming the receipt of such an order does not constitute an acceptance of customer's offer. The acceptance of an offer by ’Better Music’ is effected by sending a fulfilment confirmation, by transferring an internet link or by sending the goods ordered to the customer, respectively (whatever applicable). Said fulfilment confirmation (if any) shall be sent via e-mail.

Prices

All prices mentioned on our websites are inclusive statutory VAT and inclusive of costs for packaging and shipment. 

Terms of Payment & Withdrawal Clause

Payments have to be made upfront per PayPal. In case of an inadequate account coverage, ’Better Music’ is entitled to retreat from the contract.

Terms & Conditions Of Delivery

The shipment shall be performed by delivery to the address as indicated by the customer. Any information about delivery dates are non-committal unless a fixed date for delivery has been agreed and confirmed in writing by ’Better Music’. Delivery can only be made as long as ’Better Music’s stock shall last. In case goods ordered by the customer are not available, payments already made towards or regarding such order shall be reimbursed immediately by ’Better Music’. Except for such reimbursement, customer shall have no further claims against ’Better Music’ unless the non-delivery is based on grossly negligent or intentional behaviour by ’Better Music’. In case of a delay or an impossibility in delivery where the reasons are within the responsibility of ’Better Music’, ’Better Music’ shall be held liable unless such reasons cannot be attributed to intent or gross negligence.

Transport Damages

Customer is obliged to report transport damages immediately to the supplier and to ’Better Music’. In case of obvious damages of the packaging, customer has to refuse the receipt of the goods in order to preserve evidence.

Reservation of Property

Until the amount due shall be fully paid to ’Better Music’, the ordered goods shall remain the sole property of ’Better Music’. Reselling, renting, pledging, security transfer, processing, remodelling or other provisions are not permitted prior to the transfer of property without the expressive prior consent of ’Better Music’.

Warrenty

Claims of the customer against ’Better Music’ in case of defects shall be in compliance with the statutory legal provisions and terms (i.e. according to the German Civil Code, "BGB") unless otherwise regulated in the following clauses. Currently, the statutory period of limitation is two years and starts with the receipt of the goods. Customer is not allowed to assign any rights for warranty of defects to third parties. Damages which are caused by improper or not contractual actions by the customer or during set up, installation, operation or storing of the goods shall not establish any claims against ’Better Music’. If customer purchases a used good his claims in case of defects shall expire within 1 (one) year after receipt of the good. In case the customer is an independent contractor and the ordered goods or services are intended for his business, the subsequent right for warranty of defects shall expire within 1 (one) year after receipt of the goods or services. Unless not agreed otherwise hereunder, any further claims of the customer, regardless of the cause in law, are excluded. This applies explicitly to additional damages caused by defects, loss of profit or other financial damages of the customer. The limitation of liability shall not apply if the reason for the damage is based on intention or gross negligence and in case of a personal / bodily injury. In case of gross negligence regarding a major contractual duty, the compensation shall be limited to the damage that would characteristically have incurred. Aforementioned restrictions to the contractual liability shall also apply regarding the personal liability of employees, agents and/or servants of ’Better Music’.

Grant of Rights for Audio- and Audiovisual Recordings via Download

’Better Music’ grants to customer the non-exclusive and non-transferable right to use the purchased audio and audio-visual content without any restrictions as to time, but for private purposes only. Customer is permitted to store and multiply the purchased audio and audio-visual content on the hard disk of his computer. Any other (especially commercial) usage of the purchased audio and audio-visual content is explicitly prohibited. This applies in particular to the modification, the commercial distribution or other ways of selling. Any multiplication is only permitted within the relevant legal provisions, especially under adherence of the related copyrights and the regulations of the German Copyright Law (UrhG).

Contractual Exclusion Of Set-Off

Customer is not entitled to set-off his own claims against any pecuniary claims of ’Better Music’ unless such claims are undisputed and legally ascertained by a judgement of a court in the applicable jurisdiction. Customer is not entitled to counter pecuniary claims of ’Better Music’ with rights of retention (e.g. from notices of defect) unless they result from the identical contractual relationship.

Enforceability, Jurisdiction

If a provision of these General Terms And Conditions, wholly or partly, becomes invalid, the remaining provisions remain unaffected thereby. The invalid provision shall be replaced by a valid provision that comes closest to the initial economical purpose of the invalid provision. In case the customer is a merchant under applicable German trade law, a legal person under public law or a special fund under public law, Berlin shall be the exclusive jurisdiction over any controversies arising directly or indirectly from the relevant contractual relationship. The same applies in case a customer does not have a place of general jurisdiction in Germany, transfers his domicile or usual place of residence abroad after conclusion of the contract or in case his domicile or usual place of residence unknown when a lawsuit is being filed.

Applicable Law

The conclusion and execution of all contracts shall be construed under the laws of Germany. The Uniform Law on the International Sale of Goods (CISG) and the Conflict Rules of the International Privacy Law are excluded.

Refund Policy

Notice of Revocation & Right of withdrawal.
Without the need to specify the reason(s), the customer is entitled to withdraw from the contract within 1 (one) month after the conclusion. Such withdrawal has to be accomplished either in writing (e.g. in form of a letter, telefax, e-mail) to the attention of ’Better Music’ or by returning the ordered/delivered goods to ’Better Music’. The withdrawal has to be addressed to:

Better Music - P.O. Box 1807 - 76829 Landau - Germany
order (at) better-music.com

The customer carries the burden of proof for dispatching the returnable goods. Withdrawal period: The period for a withdrawal starts at the earliest one day after receipt of a separate instruction about the right of withdrawal in writing or, in case of delivery of goods, not earlier than on the day as of the receipt of such goods. Sending the withdrawal or returning the goods in time is sufficient to meet the above withdrawal period.

Consequences of withdrawal

In case of an effective withdrawal the mutually received services and possibly gained advantages (e.g. interest) have to be returned. If the customer can return the received services and/or goods only in all or partly diminished condition, customer will have to indemnify ’Better Music’. This does not apply for delivered goods if such diminished condition is solely based on their inspection in a way in which the customer would also have been entitled to inspect the goods in a regular shop. To avoid indemnification, customer must not use the delivered good(s) like an owner would but customer must omit anything that could diminish their value. The provision regarding the possible indemnification is also not applicable in case that the instructions about a possible liability of indemnification and the ways of avoiding it have not been provided additionally in writing (e.g. letter, telefax or e-mail) at the time of the conclusion of the contract. In order to obtain a refund, Customer has to comply with the aforementioned provisions within 30 days after sending the declaration of withdrawal. Until any goods have been returned completely, ’Better Music’ shall make use of its right of retention.

Reshipment

Customer has to bear the costs for reshipment in case the delivered goods match the goods ordered and if the value of the order does not exceed 40,00 Euro. In any other cases the reshipment shall be cost free for the customer.

Exclusion of the Withdrawal Right; The right of withdrawal is excluded with regard to contracts regarding

  1. the delivery of perishable goods;
  2. goods which by their nature are not suitable to be returned (especially musical or visual content acquired in non-physical format via download etc.);
  3. newspapers, magazines and similar products;
  4. audio and audio-visual recordings or software in case such data carriers have been unsealed by the customer;
  5. goods which have been manufactured especially to the customer's specifications.

In case of an exclusion of the withdrawal right, customer has to bear the costs for any new shipment from ’Better Music’ to him in case customer has returned the goods. Furthermore, the legally defined exceptions according to  § 312 d Abs. 4 of the German Civil Code ("BGB") shall apply.

Terms & Service

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

Use License

Permission is granted to temporarily download one copy of the materials (information or software) on krismenace.com's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  1. modify or copy the materials;
  2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  3. attempt to decompile or reverse engineer any software contained on krismenace.com's web site;
  4. remove any copyright or other proprietary notations from the materials; or
  5. transfer the materials to another person or "mirror" the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by krismenace.com at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Disclaimer

The materials on this web site are provided "as is". This website makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, krismenace.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

Limitations

In no event shall this website or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on this website´s Internet site, even if this website or an authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

Revisions and Errata

The materials appearing on this web site could include technical, typographical, or photographic errors. krismenace.com does not warrant that any of the materials on its web site are accurate, complete, or current. krismenace.com may make changes to the materials contained on its web site at any time without notice. krismenace.com does not, however, make any commitment to update the materials.

Links

krismenace.com has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by krismenace.com of the site. Use of any such linked web site is at the user's own risk.

Site Terms of Use Modifications

krismenace.com may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Governing Law

Any claim relating to this web site shall be governed by the laws of the State of Germany without regard to its conflict of law provisions. General Terms and Conditions applicable to Use of a Web Site.

Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. Before or at the time of collecting personal information, we will identify the purposes for which information is being collected. We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law. We will only retain personal information as long as necessary for the fulfillment of those purposes. We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date. We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. We will make readily available to customers information about our policies and practices relating to the management of personal information. We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained. Users may find advertising or other content on our Site that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from our Site. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to our Site, is subject to that websites own terms and policies.

Google Adsense

Some of the ads may be served by Google. Google's use of the DART cookie enables it to serve ads to Users based on their visit to our Site and other sites on the Internet. DART uses "non personally identifiable information" and does NOT track personal information about you, such as your name, email address, physical address, etc. You may opt out of the use of the DART cookie by visiting the Google ad and content network privacy policy at http://www.google.com/privacy_ads.html

Changes to this privacy policy

krismenace.com has the discretion to update this privacy policy at any time. When we do, we will revise the updated date at the bottom of this page. We encourage Users to frequently check this page for any changes to stay informed about how we are helping to protect the personal information we collect. You acknowledge and agree that it is your responsibility to review this privacy policy periodically and become aware of modifications. Your acceptance of these terms by using this Site, you signify your acceptance of this policy. If you do not agree to this policy, please do not use our Site. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes. Contacting us if you have any questions about this Privacy Policy, the practices of this site, or your dealings with this site.

This document was last updated on February the 9th, 2014