General terms and conditions

German law, because our beats are coming from Hamburg, Germany! 🙂

German version of general terms and conditions ◹

§1 Scope and provider

(1) These general terms and conditions apply to all orders placed with the online shop of Nelson Machado, Rendsburgerstrasse 4b, 20359 Hamburg (Managing Director: Nelson Machado).
(2) The range of goods offered in our online shop is directed exclusively at buyers who have reached the age of 18.
(3) Our deliveries, services and offers are exclusively based on these General Terms and Conditions. The General Terms and Conditions of Business shall therefore also apply to companies for all future business relations, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer which contradict our general terms and conditions is hereby already contradicted.
(4) Contract language is exclusively German
(5) You can call up and print out the currently valid General Terms and Conditions on the website https://fruitybeatz.com/fruitybeatz/agb.

§2 Conclusion of contract

(1) The presentation of goods in the online shop does not constitute a binding application for the conclusion of a sales contract. Rather, it is a non-binding request to order goods in the online shop.
(2) By clicking on the button “Order subject to payment” you submit a binding offer to purchase (§ 145 BGB). Immediately before submitting this order, you can check the order again and correct it if necessary.
(3) The contract is not concluded until the content is activated or a link is provided.

§3 Prices

(1) The prices stated on the product pages contain other price components. There is no indication of the value added tax according to § 19 UStG.

§4 Terms of payment / default

(1) The payment is made by Paypal.
(2) When paying with PayPal you will be redirected to the website of the online provider PayPal during the order process. In order to pay the invoice amount via PayPal, you must be registered there or register first, authenticate with your access data and confirm the payment instruction to us. After placing the order in the shop, we request PayPal to initiate the payment transaction. You will receive further instructions during the ordering process. The payment transaction will be carried out automatically by PayPal immediately afterwards.
(3) If you fall behind with a payment, you are obliged to pay the legal default interest of 5 percentage points above the base rate. For each reminder letter sent to you after the default has occurred, you will be charged a reminder fee of 2.50 EUR, unless lower or higher damages are proven in the individual case.

§5 Offsetting / Right of retention

(1) You shall only be entitled to offsetting if your counterclaim has been legally established, is not disputed or recognised by us or is in a close synallagmatic relationship with our claim.
(2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.

§6 Delivery

(1) Unless otherwise agreed, the delivery of the goods is effected by providing a link. This link can be activated by you and starts the download to the storage medium of your choice.
(2) It is the customer’s responsibility to provide suitable software that enables the files and contents to be opened, edited and printed out properly.

§7 Cancellation policy

In the event that you are a consumer within the meaning of § 13 BGB (German Civil Code), i.e. you make the purchase for purposes that can predominantly be attributed neither to your commercial nor your self-employed professional activity, you have a right of revocation in accordance with the following provisions.

Right of revocation

You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day on which you or a third party designated by you, other than the carrier, took or has taken possession of the goods.
In order to exercise your right of withdrawal, you must inform us: Nelson Machado, Rendsburgerstrasse 4b, 20359 Hamburg, telephone: 040 31793600, email: mail@fruitybeatz.com, by means of a clear statement (e.g. a letter, fax or email sent by post) of your decision to withdraw from this contract. You may use the attached model revocation form, which is not mandatory. In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.

Consequences of revocation

If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (except for additional charges resulting from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date we receive notification of your revocation of this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this refund.

We may refuse to make a refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us or to any third party without delay and in any event within fourteen days at the latest from the date on which you notify us of the cancellation of this agreement. This period shall be deemed to have been observed if you send the goods before the expiry of the fourteen-day period.
You shall bear the direct costs of returning the goods. You shall only be liable for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for testing the condition, properties and functionality of the goods.

Sample cancellation form
If you want to cancel the contract, please fill out this form and send it back.
To Nelson Machado, Rendsburgerstrasse 4b, 20359 Hamburg, e-mail: mail@fruitybeatz.com, fax:
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*):
– Ordered on (*)/received on (*)
– Name of the consumer(s):
– Address of the consumer(s):
– Signature of the consumer(s) (only in case of communication on paper)
– Date
—————————–
(*) Delete as applicable.

Exclusion or premature expiry of the right of withdrawal

(1) The right of withdrawal shall not apply to the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer or to the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery.
(2) A right of withdrawal shall expire pursuant to § 356 (5) BGB in the case of a contract for the supply of digital content not contained on a physical data carrier if the trader has commenced performance of the contract after the consumer has expressly agreed that the trader shall commence performance of the contract before the expiry of the withdrawal period and has confirmed that he is aware that, by giving his consent, he loses his right of withdrawal when performance of the contract commences.
End of the right of withdrawal

§8 Warranty

(1) Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the law on sales (§§ 433 et seq. BGB).
(2) If you are a consumer within the meaning of § 13 BGB, the period of liability for warranty claims for used goods – in deviation from the statutory provisions – is one year. This limitation does not apply to claims based on damages resulting from injury to life, body or health or from the breach of a material contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation), nor to claims based on other damages which are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
(3) In all other respects the statutory provisions shall apply to the warranty, in particular the two-year limitation period pursuant to 438 para. 1 No. 3 BGB.
(4) If you are an entrepreneur within the meaning of § 14 BGB, the statutory provisions shall apply with the following modifications:
Only our own specifications and the manufacturer’s product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer.
You are obliged to examine the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch suffices to meet the deadline. This also applies to hidden defects discovered later from the time of discovery. In the event of a breach of the obligation to inspect and give notice of defects, the assertion of warranty claims shall be excluded.
In the event of defects, we shall provide warranty at our discretion either by repair or replacement (supplementary performance). In the event of rectification of defects, we do not have to bear the increased costs arising from the transfer of the goods to a place other than the place of performance if the transfer does not correspond to the intended use of the goods.
If the supplementary performance fails twice, you may, at your option, demand a reduction in price or withdraw from the contract.
The warranty period is one year from delivery of the goods.

§Section 9 Liability

(1) Unlimited liability: We are liable without limitation for intent and gross negligence and in accordance with the Product Liability Act. For slight negligence, we shall be liable for damages resulting from injury to life, body and health of persons.
(2) In all other respects, the following limited liability shall apply: In the case of slight negligence, we shall only be liable in the event of a breach of an essential contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favour of our vicarious agents.

§10 Copyright and rights of use

(1) All digital contents provided by the seller are protected by copyright.
(2) The customer acquires a temporally unlimited, simple, non-transferable right of use for commercial use according to the purchased license type and the license terms. The overview of the license types and the license terms can be viewed under the link https://fruitybeatz.com/fruitybeatz/lizenzen.
(3) The granting of the rights of use by the seller is subject to the condition precedent of full payment of the purchase price.
(4) The user is not entitled to remove copyright notices, trademarks or other legal reservations from the goods.
(5) The Seller is entitled to personalize digital content made available for download individually with visible and invisible markings in order to enable the investigation and legal prosecution of the original purchaser in the event of improper use.
(6) In the event of unauthorized use of the digital contents by the Buyer or a third party, the Buyer undertakes to pay a contractual penalty per violation, to be determined by us at our reasonable discretion and, in the event of a dispute, to be reviewed by the competent court.

§11 Alternative dispute resolution

(1 ) The EU Commission has provided a platform for out-of-court dispute settlement. This gives consumers the opportunity to resolve disputes in connection with their online order without the involvement of a court. The dispute resolution platform can be accessed via the external link https://ec.europa.eu/consumers/odr/.
(2) We shall endeavour to settle any differences of opinion arising from our contract amicably. In addition, we are not obliged to participate in arbitration proceedings and unfortunately we cannot offer you the participation in such proceedings.

§12 Final provisions

(1) Should one or more provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected.
(2) German law shall apply exclusively to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”). Mandatory provisions of the country in which you usually reside shall remain unaffected by the choice of law.
Status: March 2019
Copyright: HÄRTING Rechtsanwälte, www.haerting.de, vertragstexte@haerting.de Chausseestraße 13, 10115 Berlin, Tel. (030) 28 30 57 40, Fax (030) 28 30 57 4