General Terms and Conditions, Customer Information, and Terms of Use
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of Michael Krymarys, acting under "Online Marketing & Audio Services" (hereinafter "Provider", "Seller", "Entrepreneur", "Intermediary", or "Operator"), apply to:
all contracts for the delivery of goods concluded by a customer with the Seller regarding the goods displayed by the Seller in their online shop.
all contracts for the delivery of tickets, unless expressly agreed otherwise in this respect.
all contracts for the provision of digital content concluded by a customer with the Entrepreneur regarding the content described in the online shop.
all contracts for the provision of license keys, whereby the Seller owes the provision of a license key for the use of digital products as well as the granting of the contractually agreed rights.
all contracts regarding the brokerage of contracts (hereinafter "Main Contract") concluded by a customer with the Intermediary via the Intermediary's website.
the general use of the website operated by the Operator by the user.
1.2 The inclusion of the customer's own terms and conditions is herewith objected to, unless otherwise agreed. By using the website, the user agrees to these terms and conditions.
1.3 Depending on the Provider's content description, the subject matter of the contract can be both the one-time provision of digital content and the regular provision of digital content (hereinafter "Subscription Contract"). In the case of a Subscription Contract, the Provider undertakes to provide the customer with the contractually owed digital content for the duration of the agreed contract term at the contractually agreed time intervals.
1.4 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity.
1.5 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.6 In the case of tickets, these GTC only regulate the sale of tickets for specific events detailed in the item description and not the execution of these events. For the execution, the statutory provisions in the relationship between the participant and the organizer apply exclusively, as well as any deviating conditions of the organizer if applicable. Unless the Seller is also the organizer, they are not liable for the proper execution of the event, for which the respective organizer is solely responsible.
2) Conclusion of the Contract
2.1 The product and content descriptions contained in the Provider's online shop do not constitute binding offers but serve for the submission of a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the online shop. In doing so, after placing the selected goods or content into the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contract offer regarding the goods or content contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Provider may accept the customer's offer:
by sending the customer a written order confirmation or an order confirmation in text form (fax or email), in which case the receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods or providing the ordered content to the customer, in which case receipt by the customer is decisive, or
by requesting payment from the customer after the order has been placed.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends with the expiry of the fifth day following the sending of the offer. If the Provider does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.
2.4 Conclusion of contract for brokerage: The Intermediary provides the customer with various advertising links or advertising banners on their website, through which the customer is redirected to the offers of the respective third-party providers via a mouse click. The provision of these advertising links or banners constitutes a binding offer by the Intermediary to conclude a brokerage contract (Main Contract), which the customer can accept by clicking on the respective advertising link or banner with the mouse.
2.5 If a payment method offered by PayPal is selected, the payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use. If the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the Seller hereby declares acceptance of the customer's offer at the moment the customer clicks the button that concludes the ordering process.
2.6 If the "Amazon Payments" payment method is selected, payment processing is carried out via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement. If the customer selects "Amazon Payments" as the payment method during the online ordering process, they also issue a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the Provider hereby declares acceptance of the customer's offer at the moment the customer triggers the payment process by clicking the button that concludes the ordering process.
2.7 When an offer is submitted via the online order form, the text of the contract will be stored by the Provider after the conclusion of the contract and transmitted to the customer in text form (e.g., email, fax, or letter) after the order has been sent. Beyond this, the contract text will not be made accessible. If the customer has set up a user account before sending their order, the order data will be archived on the website and can be accessed by the customer free of charge via their password-protected user account by providing the corresponding login data. The contract text regarding the brokerage is neither stored by the Intermediary nor is it accessible to the customer after submitting their contractual declaration.
2.8 Before bindingly submitting the order via the online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's magnification function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.9 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop. The German language is available for brokerage and usage.
2.10 Order processing and contact generally take place via email and automated order processing. The customer must ensure that the email address provided by them for order processing is accurate so that emails sent by the Provider can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the Provider or by third parties commissioned by the Provider with the order processing can be delivered.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 More detailed information on the right of withdrawal can be found in the Provider's cancellation policy.
3.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole place of residence and delivery address are located outside the European Union at the time of the conclusion of the contract.
3.4 Unless otherwise agreed, there is no right of withdrawal for contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision. Accordingly, a right of withdrawal is also excluded for contracts involving the sale of tickets for scheduled leisure events.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the Provider's product description, the prices quoted are total prices. Value-added tax (VAT) is not applicable, as the Provider is exempt from VAT as a small business. Any additionally incurred delivery and shipping costs are specified separately in the respective product description.
4.2 The brokerage of the Main Contract is free of charge for the customer. Any costs incurred by the customer through the brokered Main Contract will be communicated to the customer in the respective third-party provider's offer and, in the event of a contract conclusion, billed directly by the provider to the customer.
4.3 In the case of deliveries or payments to countries outside the European Union, additional costs may be incurred in individual cases for which the Provider is not responsible and which must be borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs regarding money transfers may also arise if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.4 The payment option(s) will be communicated to the customer in the Provider's online shop.
4.5 If a payment method offered via the payment service "PayPal" is selected, the payment is processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the Seller also offers payment methods via PayPal in which they make advance performance to the customer (e.g., purchase on account or installment payment), they assign their payment claim to this extent to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the Seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. The Seller reserves the right to refuse the customer the selected payment method in the event of a negative check result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, they can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of the assignment of claims, the Provider remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, declarations of withdrawal, or credit notes.
4.6 If the "Sofortüberweisung" (instant bank transfer) payment method is selected, payment processing is carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). In order to be able to pay the invoice amount via "Sofortüberweisung", the customer must have an online banking account activated for participation in "Sofortüberweisung", identify themselves accordingly during the payment process, and confirm the payment instruction. The payment transaction is carried out immediately afterwards by Klarna and the customer's bank account is debited.
4.7 If a payment method offered via the payment service "Shopify Payments" is selected, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the customer in the online shop. To process payments, Stripe may use other payment services, for which special payment terms may apply, which the customer may be informed of separately.
4.8 If the credit card via Stripe payment method is selected, the invoice amount is due immediately upon conclusion of the contract. Payment processing is carried out via Stripe Payments Europe Ltd. Stripe reserves the right to carry out a credit check and to reject this payment method in the event of a negative credit check.
4.9 If a payment method offered via the payment service "Klarna" is selected, payment processing is carried out via Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information as well as Klarna's terms and conditions regarding this can be found in the Entrepreneur's payment information at https://audio.tips/.
5) Delivery and Shipping Conditions
5.1 If the Seller offers shipping of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the customer, unless otherwise agreed. During the processing of the transaction, the delivery address specified in the Seller's order processing is decisive.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs for the outward shipment if the customer effectively exercises their right of withdrawal. For return shipping costs, if the customer effectively exercises their right of withdrawal, the provision made in the Seller's cancellation policy applies.
5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the Seller has delivered the item to the forwarding agent, the carrier, or the person or institution otherwise designated to carry out the shipment.
5.4 If the customer acts as a consumer, the risk of accidental loss and accidental deterioration generally only passes upon handover of the goods to the customer or a person authorized to receive them. Deviating from this, the risk also passes to the customer in the case of consumers as soon as the Seller has delivered the item to the forwarding agent, the carrier, or the person or institution otherwise designated to carry out the shipment, if the customer commissioned the forwarding agent, the carrier, or the person or institution otherwise designated to carry out the shipment with the execution and the Seller had not previously named this person or institution to the customer.
5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that the non-delivery is not the responsibility of the Seller and they have concluded a specific covering transaction with the supplier with due care. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.6 Self-collection is not possible for logistical reasons.
5.7 Tickets and digital content will be provided to the customer as follows:
by download
by email
5.8 License keys will be provided to the customer as follows:
by display on the screen
by email
6) Granting of Rights of Use for Digital Content and License Keys
6.1 Unless otherwise stated in the content description in the Seller's online shop, the Seller grants the customer the non-exclusive right, unrestricted by location and time, to use the provided content for private and commercial purposes.
6.2 Passing on the content to third parties or creating copies for third parties outside the scope of these GTC is not permitted unless the Seller has agreed to a transfer of the contractually relevant license to the third party.
6.3 Insofar as the contract relates to the one-time provision of digital content, the granting of rights only becomes effective when the customer has fully paid the owed remuneration. The Seller may provisionally allow the use of the contractual content even before this time. A transfer of rights does not take place through such provisional permission.
6.4 The provided license key entitles the customer to use the digital product apparent from the Seller's respective product description to the extent described therein. Here too, the granting of rights only becomes effective when the customer has fully paid the owed remuneration. The customer does not acquire any intellectual property in the digital product.
7) Contract Duration and Contract Termination for Subscription Contracts
7.1 Subscription contracts are concluded for an indefinite period and can be terminated by the customer at any time without observing a notice period.
7.2 The right to extraordinary termination for good cause remains unaffected. A good cause exists if, taking into account all circumstances of the individual case and weighing the mutual interests, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.
7.3 Terminations can be made in writing, in text form (e.g., by email), or in electronic form via the termination device (cancellation button) provided by the Entrepreneur on their website.
8) Retention of Title
If the Seller makes advance performance, they retain title to the delivered goods until the owed purchase price has been paid in full.
9) Liability for Defects (Warranty)
9.1 Unless otherwise stipulated in the following provisions, the statutory regulations on liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:
9.2 If the customer acts as an entrepreneur:
the Seller has the choice of the type of supplementary performance;
for new goods, the limitation period for claims for defects is one year from delivery of the goods;
for used goods, rights and claims for defects are excluded;
the limitation period does not start again if a replacement delivery is made within the scope of liability for defects.
9.3 The aforementioned limitations of liability and shortening of periods do not apply to claims for damages and reimbursement of expenses of the customer, in the event that the Seller has fraudulently concealed the defect, for goods which have been used for a building in accordance with their customary use and have caused its defectiveness, as well as for any existing obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.
9.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
9.5 If the customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), they are subject to the commercial duty to inspect and give notice of defects in accordance with § 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.
9.6 If the customer acts as a consumer, they are asked to complain about delivered goods with obvious transport damage to the deliverer and to inform the Seller accordingly. If the customer fails to do so, this has no effect on their statutory or contractual claims for defects.
10) Special Conditions for the Brokerage of Contracts (Affiliate)
11.1 The subject of the brokerage are main contracts concluded between the customer and a third-party provider (hereinafter "Provider"). The content of the main contract results from the respective article or service description on the website of the respective Provider.
11.2 The Intermediary's obligation to perform is limited to redirecting the customer via their website to the offer of the respective Provider by means of an electronic link. The Intermediary does not become a party to the main contract itself and does not accept any declarations of intent concerning the main contract.
11.3 The Intermediary does not guarantee that a contract will actually be concluded between the customer and the Provider. The fulfillment of the main contract is not carried out by the Intermediary but by the respective Provider. The statutory provisions in the relationship between the customer and the Provider apply to the main contract, as well as any deviating contractual terms of the respective Provider.
11.4 For service disruptions in connection with the brokerage of contracts in the relationship between the Intermediary and the customer, the Intermediary is liable to the customer in accordance with the statutory provisions. The Intermediary is not liable for service disruptions in the main contract between the customer and the Provider. The customer must assert claims for service disruptions in the main contract directly against the respective Provider.
11) Terms of Use for the Website (General)
12.1 The Operator provides the website "as is" and on the basis of current availability. They owe neither a specific quality, compatibility, security, a specific range of functions, nor that the website is suitable for a specific purpose.
12.2 The Operator does not guarantee that the website will function uninterruptedly or error-free, that errors will be corrected, or that the website or the servers are free of viruses or other harmful software. They are entitled to change or discontinue operation in whole or in part at any time.
12.3 Links to third-party websites: The website may contain links to other websites operated by third parties over whose content the Operator has no influence. The provision of these links does not mean that the Operator endorses these websites, the content contained therein, their operators, or their practices. Should the Operator determine or be informed by third parties that linked websites contain illegal content, they will remove the link immediately.
12.4 Usage restrictions: The user may only use the website and its content for lawful purposes. In particular, the following are prohibited:
Any use that could disable, overburden, damage, or impair the website;
Use of programs for text and data mining, monitoring, or copying of content;
Use of programs that disrupt proper operation;
Introduction of malicious software such as viruses, trojans, or worms;
Impairment with a denial-of-service attack or distributed denial-of-service attack;
Any attempt to gain unauthorized access to servers, databases, or terminal devices or to disrupt them.
12) Registration and User Account
13.1 If the Operator provides the website password-protected, access is reserved exclusively for registered users. The user has no right to registration.
13.2 In the event of registration, the user must provide truthful information and report any changes immediately. If the Operator receives indications that information is incorrect, incomplete, or not up-to-date, they will request the user to correct it. If the user fails to do so, the Operator can block them until the request has been complied with.
13.3 Users are generally liable for all activities carried out using their access. They are responsible for keeping the access data confidential and must ensure that it is not accessible to third parties. The user must inform the Operator immediately if there are indications of unauthorized use.
13) Responsibility of the User for Content and Comments
13.1 Each user is solely responsible for the content of the information they post on the website, in particular for its truthfulness and legal harmlessness. The user shall ensure that the content does not violate applicable law.
13.2 Content prohibitions: In particular, the publication of the following is prohibited:
copyright-protected content without authorization (e.g., photos without consent);
false statements of fact;
contributions aimed at personally attacking or defaming other users;
racist, xenophobic, discriminatory, or insulting content;
content that endangers minors or glorifies violence;
links to websites that do not comply with legal provisions.
13.3 Moderation: The Operator is not obliged to proactively check content for legality. They reserve the right to review content in individual cases and to take measures to remove it in the event of violations. Users can report presumably illegal content to the email address provided in the legal notice (Impressum).
13.4 Comments: Users are obliged to only provide truthful information in submitted comments. Comments must be kept objective and must not contain any defamatory criticism (Schmähkritik). Any improper use is prohibited. In the event of complaints about comments, the Operator will ask the author for a statement. If the author refuses to make a change, the Operator will decide at their own reasonable discretion, taking the interests into account, whether the comment will continue to appear.
14) Granting of Rights of Use by the User and Indemnification
14.1 The user grants the Operator, free of charge, non-exclusively and revocably at any time, the necessary rights of use, in particular the right to permanent provision, storage, making available to the public, as well as the right of reproduction and editing.
14.2 Indemnification: The user indemnifies the Operator against all claims asserted by other users or third parties due to the infringement of their rights as a result of content posted by the user. The user also assumes the necessary costs of legal defense, including court and attorney fees. This does not apply if the user is not responsible for the legal infringement. The user is obliged to immediately provide the Operator with all information necessary for the defense.
14.3 Website Content: The user is granted a revocable right to use the website. It is prohibited to reproduce content for commercial purposes or to make it publicly accessible. The use of logos, images, videos, or texts is prohibited unless the Operator has expressly consented. Excluded from this is exclusively personal and non-commercial use.
15) Liability
15.1 The Provider/Seller/Operator is liable without limitation for any legal reason in cases of intent or gross negligence, intentional or negligent injury to life, body, or health, based on a guarantee promise, and due to mandatory liability such as under the Product Liability Act (Produkthaftungsgesetz).
15.2 If the Provider negligently breaches an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract. Essential contractual obligations are obligations that the contract imposes on the Provider according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place, and on the observance of which the customer may regularly rely.
15.3 Otherwise, liability is excluded. The above provisions also apply with regard to liability for vicarious agents and legal representatives.
16) Final Provisions
16.1 Applicable Law: The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.
16.2 Place of Jurisdiction: If the user acts as a merchant, a legal entity under public law, or a special fund under public law with its registered office in Germany, the exclusive place of jurisdiction for all disputes is the Provider's place of business. If the user has their registered office outside of Germany, the Provider's place of business is the exclusive place of jurisdiction if the contract can be attributed to the user's commercial or independent professional activity. However, the Provider is entitled to appeal to the court at the user's registered office.
16.3 Alternative Dispute Resolution: The Provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
16.4 Right to Make Changes: The Operator reserves the right to change these Terms of Use at any time. Changes will be announced by publishing the amended version on the website. The user declares their agreement by continuing to use the website after the announcement.
