Highland Musikarchiv: General Terms and Conditions
 

As of 3 June 2005

In accordance with the Directive 97/7/EC of the European Parliament and the European Council of 20 May 1997 on the protection of consumers in respect of distance contracts (Official Journal L 144 , 04/06/1997 P. 0019 - 0027) and the distance contracts law of the Federal Republic of Germany (FernAbsG) of 09.06.2000, we declare as follows:

§1
The address is as follows: HIGHLAND MUSIKARCHIV, owner Joachim Lehberger,
Wolfhager Str. 300, 34128 Kassel, Germany.
tel.: +49- 561 - 9882592, fax: +49 - 561 - 884207


§2
We differentiate between commercial use (prices according to current "price list for commercial use" plus VAT) and non-commercial use (prices according to current "price list for non-commercial use" inclusive VAT) of our GEMAfree music. Please observe our “Bulletin on Commercial Use". The current price list in € are valid as of 01.01.2002, misprint and errors expected.

§3
The sales contract is effective by acceptance of your order by us. Highland Musikarchiv reserves the right to refuse selling the rights of use and stage rights to certain natural or legal entities and/or for certain application of music without any further explanation. In case of misapprehension or deception of Highland Musikarchiv on the buyer and/or the intended use, the buyer does not attain a right of use or stage rights on the music.
Furthermore Highland Musikarchiv reserves itself the right for compensation due to unauthorized use. If necessary we will request a written confirmation on non-commercial use of our music. Highland Musikarchiv reserves its right to cancel– both commercial and non-commercial - subscriptions with a cancellation period of one year without indication of reasons by written notification by Highland Musikarchiv. 
Subscriptions with a duration of two years may also be terminated by Highland Musikarchiv (effective at the end of the two year period) without indication of reasons by written notification and with a cancellation period of one year (effective at the end of the two year period).


§4
Purchase price and packing & postage (p&p) expenses are due with delivery for payment in one single amount without deduction. We charge default interest in the amount of 5% per annum over the respective discount interest rate of the Federal Bank of Germany.

§5
We charge p&p flatrate of € 2,50 (Germany), respectively € 4,00 (European foreign countries) per delivery. Orders exceeding the values of € 125,00 are delivered free of p&p charge within Europe. For delivery to non-European countries individual rates are agreed in due course of the order. We deliver on account. Within Germany payment by cheque of direct debit (inland accounts) are accepted. Delivered goods and rights remain the sole propery of Highland Musikarchiv until complete payment is received.

§6
Use of the music without an original Release Document - issued to the individual user and signed by the author - is prohibited and leads to complaint of an offence. Details of use is clearly regulated by the Release Document. If no contradiction should be received against the regulations of our Release Documents within 14 days after receipt of the delivery, the conditions are considered as accepted.

Additionally following restrictions apply for the use of Highland Musikarchiv music:
The rights of use and/or stage rights as well as regulations laid out in the corresponding Release Documents explicitly do not grant the use of the music in the following contexts:
a) actions sanctioned by criminal code
b) actions capable of or meant to villainies natural or legal entities or 
c) actions with the objective and/or purpose of glorification of violence


§7
Guarantee period for returning defective CDs amounts to 24 months. We, in such cases, supplies immediately replacement free of charge and without any forwarding expenses. Normal abrasion is explicitly excluded from the guarantee.

§8
Buyers, in addition, have the right to revoke the contract within the legal period of 14 days after receipt of the delivery without indication of reasons. To comply with the term, sending off the goods within the 14 day period is sufficient. In case of revocation of the contract, the buyer bears the costs for return mail, if it concerns an order to the amount of up to € 40,00, except cases in that delivered goods do not correspond to the order. The right of revocation does not apply, if the supplied CDs were taken out of the welded plastic wrapping and thus being unsealed.

§9
Resale of Highland Musikarchiv CDs is permitted only with approval of Highland Musikarchiv. The current "Trader Price List" - and the conditions layed-out therein – are applicable. Duplication of Highland Musikarchiv CDs remains the sole right of Highland Musikarchiv.

§10
Place of fulfilment is Kassel. Concerning business with merchants who have been entered as such in the commercial register and legal entities, area of jurisdiction is Kassel. German legislation applies exclusively, even if the buying entity is based abroad.

§11
Address data of clients stored by Highland Musikarchiv is not passed to 3rd parties.

§12
The current version of “General Terms and Conditions” substitute any previous versions.

§13
If any regulation of these “General Terms and Conditions” should be or become invalid, the validity of the other regulations remains unaffected. Any arrangements diverging from these “General Terms and Conditions” have to be in writing for effectiveness.