General Terms and Conditions of Business for the Celemony Webshop
Exclusively the following Terms and Conditions of Business will govern business relations between Celemony Software GmbH (referred to in the following as “CELEMONY”) and the Webshop Customer. CELEMONY will not acknowledge any different terms and conditions of the Customer, unless CELEMONY has explicitly agreed to them in written form.
1. Formation of Contract
The offers featured at the CELEMONY Webshop are always subject to change without notice, unless a specific blocking period is explicitly mentioned.
All prices given include the value added tax required by law and do not include despatch costs.
Prior to submitting the online order, the Customer will be able to check and, where necessary, correct all details (e.g. name, address, form of payment and articles ordered).
By going through the CELEMONY online order placement process, entering all the information required there and clicking the button "Order”, the Customer submits its binding willingness to enter into a purchase contract with CELEMONY.
CELEMONY can accept this offer to contract (and hence enter into the contract with the Customer) within 14 days by sending either an order confirmation or the items ordered.
With products on offer by CELEMONY in file form (for downloading), the contract will come into effect upon CELEMONY permitting the Customer to download.
2. Downloading Files
CELEMONY provides the Customer who has access to Internet the opportunity of downloading files of text, audio or video content against payment onto a computer of the Customer with Internet connection.
In this respect, the Customer is conceded a personal, non-exclusive and non-transferable licence to use the downloaded file for the contractual intended purpose. The contractual intended purpose includes the duplication or transfer of the file to another data carrier (e.g. blank CD) or to another recording device solely for the personal use of the Customer. Any use in excess of that granted by the licence, in particular the letting, broadcasting, public demonstration, re-licensing of the file, rendering it available in Internet or on other electronic networks (file sharing) or any other commercial use of the file is impermissible.
Non-compliance will result in the extinguishment of the licence conceded.
Contractual relations between CELEMONY and the Customer do not include any other transfer of copyright-related industrial rights of use, ancillary copyright protection or other commercial rights (e.g. protective rights of trademark, name or title).
CELEMONY will not be liable for any temporary or permanent breakdown in the transfer of the data to the Customer’s server. CELEMONY will also not guarantee the continuous availability of the downloads on offer, e.g. upon failure of the transport provider or when maintenance work is being carried out.
To make use of the CELEMONY downloads on offer, certain technical systems are required (e.g. computer hardware, software, telecommunications services), which will incur further costs for the Customer, in particular connection fees. The responsibility for the functionality and costs of these technical systems lies solely with the Customer. In this respect CELEMONY will bear neither guarantee nor liability.
3. Consumer’s Right of Cancellation
Consumer customers will be entitled to cancel the contract subject to the following: