General Terms and Conditions of Business of music2me (GTC)

1. General

1. These GTC apply to consumers within the meaning of Sec. 13 German Civil Code (BGB) ("Consumer") for the contractual relationship in which they have been included on the basis of our making reference to them. They apply to merchants within the meaning of Sec. 14 German Civil Code (BGB), legal entities under public law or special funds under public law not only for the contractual relationship in which they are included, but also for all future business relationships when we do not make reference to any other terms and conditions. 

2. Terms and conditions of business of customers that differ, conflict or supplement, even if we know about them, do not form part of this contract, unless their validity is expressly agreed to. These GTC also apply if we execute the contract without reservation in the knowledge of the terms and conditions of business of the customer which are contrary to or deviate from our GTC or additional terms and conditions of the customer.

2. Registration

1. In order to be able to use our service, users need to register for a user account, which we can also refuse without giving reasons. The application for registration is accepted when we activate the user account.

2. During the registration process the user must provide truthful information. Should this information change at a later date, the user needs to amend it accordingly without delay on the website.

3. Users are only allowed to register once. Multiple registrations entitle us to terminate the related contractual relationships for good cause. If we terminate the registration by a user for good cause, new registration by the same user is not allowed. 

4. User accounts cannot be transferred to third parties and are not allowed to be made available to third parties for their use. 

3. Contract conclusion

1. Presentation of the courses in our online shop does not constitute a legally binding offer, but merely represents a non-binding catalogue of the courses we offer. When the customer places an order, they submit an offer to us to conclude a corresponding contract. The customer is bound to their offer for a period of two working days at our registered office. During this period, we can declare our acceptance of their offer.

2. Only the information provided in our offering applies as agreed to the quality of the courses. Any public statements, recommendations or advertising that deviate from this do not constitute a contractual statement of quality. 

3. In order to conclude a contract against payment, a user account first needs to be opened. A course can then be selected and placed in the shopping cart. After entering the information queried, the offer that needs to be made to conclude the contract is indicated by sending the order. Data entered during an order process can be corrected at any time on the webpage in question before calling up the next page. Users can also change the data they have entered by returning to the previous web pages and using the change functions we offer up to the point when they submit their order. 

4. Contract language, storing the text of the contract and correcting the data entered

1. Our offering for concluding the contract is available in German. 

2. We do not store the complete text of the contract, and you can no longer retrieve it once the order process has been completed. However, you do have the option of printing or saving the relevant web pages with your browser before submitting your order. After we receive your order, we send you an order summary by email, the legally required information for distance contracts and our GTC.

5. Charges and discount vouchers

1. Unless otherwise stated, agreed charges are due for payment in advance for the relevant term.

2. Unless otherwise stated, discount vouchers only apply to the first payment by the customer on a claim to which the discount applies, which becomes due after the voucher has been redeemed (e.g. redemption of a 10% discount voucher when booking a course with a one year term. The payment due for the first year of the contract will be reduced by 10%. However, the discount does not apply to subsequent payments).

6. Test access

1. At our discretion, we can grant free trial access to our offerings without owing any service in terms of a specific functional scope or availability of the same. We can make access to trail access dependent on meeting agreed conditions (such as registration). We can terminate trial access at any time without notice. 

2. Otherwise, at the latest, the trial access ends at the end of the agreed period. 

7. Term, termination and due date of charges

1. If a contract was made prior to 01.03.2022, it shall have the respective agreed fixed term. It shall be extended by the same fixed term in each case unless it has been terminated with 1 day's notice with effect from the end of the current term. Otherwise, ordinary termination is excluded.

2. If a contract was made on or after 01.03.2022, it will initially have the agreed fixed term. It can only be cancelled with due notice at the end of this fixed term. The period of notice for ordinary cancellation in this case is 1 day. After expiry of the fixed term, the contract continues for an indefinite period and can be cancelled with one month's notice.

3. The right to cancel without notice remains unaffected in all cases.

4. For contracts pursuant to paragraph 1, the fee agreed for the respective fixed term shall be charged at the beginning thereof.

5. For contracts pursuant to paragraph 2, billing shall continue to be carried out in advance for a period identical to the initial term after the initial term has expired. Upon termination of the contract, we shall charge the fee to which we are entitled on a daily basis in accordance with the period paid for in each case and refund a credit balance to the customer.

8. Defects and liability

You are entitled to make claims in accordance with the statutory regulations in relation to any defects and liability.

9. Cancellation policy for consumers

Cancellation right

You have the right to cancel this contract within fourteen days without providing a reason.

The cancellation period equates to fourteen days from the day the contract is concluded.

To exercise you right to cancel, you need to inform us music2me GmbH, Würzburger Str. 174, 63743 Aschaffenburg, phone: +49 6021 4228781, email: support@music2me.com of your decision to cancel this contract in a clear statement (e.g. a letter sent by post, fax or email). If you wish, you can also use the enclosed cancellation form template, although it is not obligatory.

In order to comply with the cancellation deadline, it suffices to send the notification of your wish to exercise your right to cancel prior to expiry of the cancellation deadline.

Effects of cancellation

If you cancel this contract, we are obliged reimburse all payments we have received from you, including shipping costs (with the exception of additional costs arising from your choice of a different method of shipping than the lowest cost standard shipping we offer), with repayment taking place immediately, or no later than fourteen days from the date on which we received your notification to cancel the contract with us. To make the repayment, we will use the same method of payment you used for the original transaction, unless expressly agreed otherwise with you; in no way will you be charged any fees for this repayment. 

Cancellation form template

10. Extrajudicial dispute settlement

1. The EU Commission provides a platform for extra-judicial dispute resolution under http://ec.europa.eu/consumers/odr/.

2. We are neither prepared nor obliged to participate in dispute settlement proceedings before a consumer arbitration board.

11. Final provisions

1. If any provision of this contract is or becomes void, ineffective or unenforceable either in whole or in part, or if a provision which is necessary in itself is not included, the validity and enforceability of all the other provisions of this contract remain unaffected.

2. If the customer is a consumer within the meaning of Sec. 13 German Commercial Code (BGB), the following applies: the contract is governed by the laws of the Federal Republic of Germany alone, but only to the extent that the customer is not deprived of the protection afforded to them by the mandatory provisions of the state in which they habitually reside. If the customer is a consumer and has no general place of jurisdiction in Germany or another EU member state, then exclusive place of jurisdiction for all disputes arising from this contract is our registered office. 

3. The following applies if the customer is a merchant within the meaning of Sec. 14 German Civil Code (BGB), a legal entity under public law or a special fund under public law: the contract is governed by the laws of the Federal Republic of Germany alone. Insofar as it can be excluded international private law finds no application. Exclusive place of jurisdiction for all disputes in connection with this agreement is our registered office.