Terms and conditions
Welcome to MyMusicSchool.com, the innovative online music education platform! Below you will find our terms and conditions (hereafter “terms and conditions”). Please read these and our privacy policy carefully.
This version is translated from German. If there is discrepancy regarding the form of expression between the German version and its English translation, the German version prevails in the event of doubt.
Terms and conditions of the MyMusicSchool GmbH
1. Scope, registration
1)
By registering on the online platform offered by us at MyMusicSchool.com (hereinafter “MyMusicSchool”) or using the MyMusicSchool web pages, services and software applications (collectively “Services”) or if you access content provided by us as part of the Services (hereinafter “Content”) you are (hereinafter referred to as “Customer “) a binding one Contract with us, the
MyMusicSchool GmbH
Oderbergerstrasse 18
10435 Berlin
Managing Director: Joachim Junghanss
Commercial Register Number: HRB 177196 B
(hereinafter “MMS”) to which these Terms and Conditions apply. The terms and conditions apply regardless of whether you are a consumer, entrepreneur or merchant.
2)
All agreements made between you and us in connection with the use of MyMusicSchool arise in particular from these General Terms and Conditions, our written order confirmation or our declaration of acceptance.
3)
Decisive is the version of the GTC valid at the time the contract is concluded.
4)
We do not accept deviating conditions of the customer. This also applies if we do not expressly object to the inclusion.
5)
To register with MyMusicSchool, use the Services and access the Content, you must:
a)
be 18 years or older, or be 14 years or older and have the consent of your parent or guardian to the agreements;
b)
be empowered to conclude a legally binding contract with us and shall not be prevented from doing so by applicable law and
c)
reside in a country where the Services are offered.
d)
You further represent and warrant that the information you submit during registration is accurate, accurate and complete.
2. Treaty changes
2)
MMS reserves the right to change these terms and conditions without giving any reason, if this is necessary due to changes on MyMusicSchool, due to legal changes or technical development. This is especially true when new services and content require new regulations.
2)
We will inform you about changes to the terms and conditions (hereinafter “New terms and conditions”) by sending you the new terms and conditions by e-mail and your right to refuse them and the consequences of your refusal inform. If you do not object to these within [six] weeks after sending the New Terms and Conditions, the New Terms and Conditions shall be deemed to have been accepted. If you object to the New Terms and Conditions, MMS may suspend your account. Payments already made will be reimbursed in this case (pro rata in relation to the remaining term).
3. Conclusion
1)
The presentation and promotion of services and content (collectively also “goods”) on MyMusicSchool does not constitute a binding offer to conclude a purchase agreement.
2)
By submitting an order via MyMusicSchool by clicking on the button [“order with payment”] you place a legally binding order. You are bound to the order for a period of two (2) weeks after placing the order; Your right under paragraph 4, if any, to revoke your order remains unaffected.
3)
We will immediately confirm the receipt of your order placed via MyMusicSchool by e-mail. In such an e-mail there is no binding acceptance of the order, unless it is explained in addition to the confirmation of access at the same time the assumption.
4)
A contract is only concluded when we accept your order by a declaration of acceptance or by the activation of the ordered goods.
5)
If the activation of the goods ordered by you is not possible, for example due to a technical error or the removal of services or contents of MyMusicSchool, we refrain from accepting acceptance. In this case, a contract is not concluded. We will inform you about this immediately and refund any compensation already received.
6)
The contract language is German.
4. Withdrawal
1)
If you are a consumer (ie a natural person who places the order for a purpose that can not be attributed to your commercial or independent professional activity), you have a right of revocation in accordance with the statutory provisions.
2)
If you as a consumer make use of your right of withdrawal under paragraph (1), you must bear the regular costs of the return.
3)
For the rest, the regulations which are reproduced in detail in the following cancellation policy apply to the right of withdrawal:
Revocation
Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.The cancellation period for music education contracts is 14 days from the day of the conclusion of the contract.
In the case of the conclusion of a purchase contract, the revocation period is 14 days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods.
To exercise your right of withdrawal, you must contact us, the MyMusicSchool GmbH, Oderbergerstrasse 18; 10435 Berlin, (030) 88064889, info (at) mymusicschool.com by means of a clear statement (such as a letter or e-mail sent by post) about your decision to withdraw from this contract. In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days.
You bear the immediate costs of returning the goods.
You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.
End of revocation policy
4)
The right of withdrawal does not apply to distance contracts
a)
to supply goods that have been made to customer specifications, or that are clearly tailored to personal needs, or that, due to their nature, are not suitable for return, or that can spoil quickly, or that have expired
b)
to provide audio or video recordings or software, if you have unsealed the supplied media.
5)
The right of revocation expires
a)
in the case of a contract for the provision of services, even if the trader has provided the service in full and has not started to perform the service until after the consumer has given his express consent, and at the same time has confirmed his knowledge that he is loses his right of withdrawal if the contractor has completely fulfilled his contract. In the case of an off-premises contract, the consumer’s consent must be provided on a durable medium. In the case of a contract for the provision of financial services, the right of withdrawal expires differently from sentence 1, if the contract is completely fulfilled by both parties at the express request of the consumer before the consumer exercises his right of withdrawal.
b)
in the case of a contract for the supply of non-tangible digital content, even if the trader has begun to execute the contract after the consumer i. has expressly agreed that the entrepreneur will commence execution of the contract before the expiry of the withdrawal period, and ii. has acknowledged his knowledge that he loses his right of withdrawal by agreeing to do so when the contract is executed.
5. Accessibility of products
1)
MMS endeavors to ensure the proper operation of MyMusicSchool and the availability of goods at all times as well as to remedy failures as quickly as possible. However, there may occasionally be some technical difficulties that lead to a temporary interruption. You acknowledge and agree that MMS is under no obligation to maintain uninterrupted availability, upgrade or update the Services, or to provide any or all Content through the Services. In particular, MyMusicSchool naturally requires regular maintenance, which may limit the availability of goods. MMS will endeavor to carry out maintenance and repair work on MyMusicSchool at night, so as not to interfere with the customer’s retrieval of goods.
2)
In order to be able to use our goods completely, you must use current and commonly used software and hardware (eg recommended Internet access DSL 6000, current browser technologies, Adobe Flash in the latest version) or allow their use on your computer (eg activation of cookies). When using older or other technologies, there is the possibility that you can only use our services offered to a limited extent.
3)
[Should the use of goods be free of charge within a test or special promotion, the customer may have limited access. There is no entitlement to unlimited access or permanent use. This free use ends after the time scheduled for the promotion. For unlimited access to the goods, in particular all learning content and functions, fees are due, as far as the customer orders them separately]
6. Service packages, prices and shipping costs
1)
The goods of the MMS can only be purchased in the provided packages (hereinafter “service package”). The service package contains in each case information about the goods contained, the resulting total price (hereinafter referred to as “package price”) or the type of price calculation and, if applicable, information on the period of retrievability of the goods on MyMusicSchool. The content of the service package selected by the customer is fully summarized prior to completion of the order and must be carefully reviewed by the customer.
2)
The package prices and the scope of use of the services or service packages provided by MMS are set out in detail in the list of prices and services, which is valid at the time of the respective conclusion of the contract. It can be found here. Unless otherwise regulated in the price and service specifications, the prices for the service packages are due upon conclusion of the contract.
3)
All prices on MyMusicSchool are gross prices including VAT and are plus shipping costs.
4)
The shipping costs are stated in our prices on MyMusicSchool. The price including VAT and shipping costs will also be displayed in the order form before you submit the order.
5)
If you effectively revoke your contract in accordance with Section 4, you may, under the statutory conditions, demand the reimbursement of costs already paid for the shipment to you (cf Other Proceeds of Withdrawal Number 4 (3)).
7. Terms of payment, compensation and right of retention
1)
The package price and the shipping costs must be paid within two weeks of receipt of our invoice at the latest.
2)
You can transfer the package price and the shipping costs of your choice to our account specified on MyMusicSchool, issue us a direct debit authorization or pay by debit / credit card or Maestro. In the case of an issued direct debit authorization or the payment by EC / Maestro or credit card, we will arrange the debit of your account at the earliest at the time specified in paragraph (1). An issued direct debit authorization applies until further notice also for further orders.
3)
You are not entitled to set off against our claims, unless your counterclaims are legally established or undisputed. You are also entitled to offset against our claims if you assert claims for defects or counterclaims from the same purchase contract.
4)
As a buyer, you may exercise a right of retention only if your counterclaim results from the same purchase agreement.
8. Warranty
1)
We are liable for material or legal defects of delivered articles in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods.
2)
Any seller’s warranty provided by us for certain items or manufacturer’s warranties granted by the manufacturers of certain items shall be in addition to the claims for defects of quality or title within the meaning of paragraph 1. Details of the scope of such warranties shall be given in the warranty terms, if any accompanied.
9. Liability
1)
We endeavor to provide you with the best possible goods. You hereby acknowledge that the Goods are offered “as available” without warranty of any particular condition. You use the goods at your own risk and are responsible for the suitability of the goods for the purpose you are pursuing independently.
2)
We are liable to you in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses.
3)
In other cases, unless otherwise stipulated in paragraph (4), we shall only be liable for breach of contractual obligations whose fulfillment makes the proper execution of the contract possible and on whose compliance you as customer can regularly rely (so-called cardinal duty). , limited to the replacement of the predictable and typical damage. In all other cases, our liability is excluded subject to the provision in paragraph 3.
4)
Our liability for damages resulting from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
5)
The liability limitations for MMS pursuant to this clause 9 apply equally to the legal representatives, executives or vicarious agents of MMS, if claims are asserted directly against them.
10. Copyright
We hold copyrights in all of MyMusicSchool’s offering and the “MyMusicSchool.com” mark, including any images, films, text and other works published on MyMusicSchool. A use of the pictures, films, texts and other works beyond the uses prescribed by MyMusicSchool is not permitted without our express consent (§ 183 BGB).
11. Content posted by customers
1)
In the context of using MyMusicSchool interactively, we allow the customer to store, publish, share with other customers and transmit to MMS content that has been created, so that it becomes accessible to the public. MMS does not monitor this and does not claim ownership of this content.
2)
If a customer discontinues his own content (such as pictures, audio contributions, videos or comments), especially in discussion forums, he undertakes to comply with the statutory provisions. In particular, the customer is prohibited from distributing pornographic, violent and racist content or to call for criminal acts. The customer may in particular exclusively publish so-called “GEMA free music” or music (not even in parts), which has not been created by such composers or authors of texts who are a member of GEMA or another collecting society for music rights, and only such music titles ( or parts thereof) created by independent authors and composers (not bound to GEMA or other collecting societies).
3)
The customer must be the owner of the ancillary copyrights, personality rights, copyrights or the rights of use of these rights in the case of own stored and published contents (music, photos, videos, etc.). The customer has thus either created the content himself or acquired the rights of use for use on our site by the authorized persons.
4)
The posting of content is permitted only for private use. Content for the purpose of pursuing promotional or commercial interests will not be granted.
5)
MMS may exercise its right at any time to block or delete all published content in whole or in part. The customer is responsible for securing the content. Claims for compensation of the customer due to deleted content are excluded.
6)
The customer accepts responsibility for ensuring that the content posted by him is free from viruses, Trojans and other programs that can significantly impair or jeopardize the functionality, the stock of the teaching portal or other customer.
7)
The customer warrants to MMS that the content published by the customer on MyMusicSchool can be used free of third party rights. This also includes any personal rights of all depicted, named and included in the content of third parties.
8)
If a customer violates this agreement, the customer is excluded from his membership or at least from the possibility of publishing content. In addition, MMS reserves the right to assert claims for damages.
9)
By posting content, Customer grants MMS a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, fully-refunded, worldwide license to use, reproduce, make publicly available (eg for performance or exhibition), release, Translating, altering, creating derivative works and distributing the User Generated Content in connection with the Services through any medium, whether solely or in conjunction with other content or materials, in any manner and by any means, process or technology, regardless of whether it is already known today or is developed thereafter. Except for the rights granted hereunder, you retain all rights, including intellectual property rights, in User Generated Content.
12. Account information
The customer is not permitted to give third parties access to his / her registration / access data to MyMusicSchool or its account at MyMusicSchool. He ensures that no abuse of his account by third parties can take place. You hereby acknowledge that you are responsible for any use of MyMusicSchool’s username and password, to the extent that this was caused by at least negligent acts or omissions. If you have lost your username and password, or have been stolen, or if you believe that your account has been used by a third party without your knowledge, contact us immediately and change your password as soon as possible.
13. Termination, cancellation, resignation
1)
Termination must be in writing (by fax, letter or e-mail). It will be confirmed by MMS immediately after receipt by e-mail.
2)
If there is an important reason which justifies an immediate termination of the contractual relationship, both contracting parties are entitled to do so at any time. An important reason exists in particular if the customer defaults on a payment due after receipt of a payment reminder or a reminder for more than 10 working days, if he violates the rules of conduct of MyMusicSchool and despite reminder within a reasonable time does not remedy. A warning is not required if it does not promise success or the infringement is so serious that MMS adherence to the contract is unreasonable.
14. Final provisions
1)
The law of the Federal Republic of Germany applies excluding the UN sales law. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legislation of that country shall remain unaffected by the choice of law made in sentence 1.
2)
If you are a merchant and have your seat at the time of ordering in Germany, the exclusive place of jurisdiction is Berlin. In addition, the applicable statutory provisions apply to local and international jurisdiction.
3)
Place of fulfillment for MMS and the customer is the location of the MMS.
4)
Should any provision of these terms and conditions be or become invalid or contain a gap, this shall not affect the validity of the remaining provisions.