General terms and conditions (GTC)
within sales contracts concluded via the platform and shop www.nsh-audio.com
tax ID: DE335814036
and the customer, hereinafter referred to as the „Customer" -
shall be concluded.
§ 1 Scope, Definitions
(1) The business relationship between us and the customer shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Deviating general terms and conditions of the customer shall not be recognized unless we expressly agree to their validity in writing.
(2) The customer is a consumer if the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or independent professional activity.
On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of his commercial or self-employed professional activity.
§ 2 Conclusion of contract
(1) The customer can select teaching and learning materials for English, Chinese, German, Arabic and all offered languages from our range of products as MP3 and / or PDF files for downloading and printing and collect them in a so-called shopping cart via the button "add to cart". The products in the shopping cart are already considered as bindingly offered by us, so that the customer accepts the offer via the button "buy now" and the contract is thus bindingly concluded. Before pressing the button "buy now" the purchase data are summarized once again and the customer can still view and change the data.
(2) We confirm the purchase immediately by automatic e-mail, in which the contract text (consisting of order, terms and conditions and order confirmation) is sent to the customer (contract confirmation). The contract text is stored in compliance with data protection.
(3) The conclusion of the contract shall be in English.
§ 3 Delivery
The products can be downloaded and listened to / printed immediately after conclusion of the contract and payment (see § 6 of these GTC), if the customer confirms in advance that his right of revocation thereby expires prematurely (see § 9 of these GTC).
§ 4 Rights of use
The contents of the downloadable MP3s and PDFs are generally protected under copyright law. We grant the customer with the sale of the contents a simple, temporally and locally unlimited right of use as follows:
- To reproduce (e.g. print, copy, save a digital copy) for own private purposes only, but not for teachers, lecturers and school classes as teaching material. If the customer wishes to do so, he needs to contact us first and get our official written permission with new purchase conditions and prices.
- The rights of use granted by us are personal and neither transferable nor inheritable.
- Resale of the MP3s and / or PDFs is not permitted.
Digital sharing / distribution (e.g. sending by e-mail or uploading to clouds, DropBox or similar) is not permitted.
Making publicly available on Facebook, Instagram, Pinterest or any other public posting on the Internet is not allowed.
It is not permitted to change the design of the MP3s and / or PDFs during duplication (copying) or to embed the content in another document.
§ 5 Prices
All prices stated on our website are nett prices and add the applicable statutory value added tax depending on the country.
§ 6 Payment modalities
(1) The customer can - unless otherwise specified in the ordering process - make payment via PayPal and credit card. As soon as the payment is booked, the download can take place. The immediate bank transfer is usually the case with PayPal and credit card, unless the payment provider holds the payment.
(2) The customer can change the payment method stored in his user account or during the ordering process at any time.
(3) Payment of the purchase price is due immediately upon conclusion of the contract.
§ 7 Warranty for material defects, guarantee
(1) We shall be liable for defects in accordance with the applicable statutory provisions.
(2) An additional warranty shall only exist if this has been expressly stated in the order confirmation for the respective item.
§ 8 Miscellaneous
(1) In accordance with Art. 246 c No. 5 EGBGB, we point out that we have not submitted to any codes of conduct.
(2) The European Commission provides a platform for online dispute resolution (OS), which the customer can find at https://ec.europa.eu/consumers/odr/. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
§ 9 Final provisions
(1) Contracts between us and the customer shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer as a consumer has his habitual residence, shall remain unaffected.
(2) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any.
Insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract shall, however, be ineffective as a whole.