Terms and Conditions
print version
I Terms and Conditions for Download
II Terms and Conditions for CD and print products
I Terms and Conditions for Download
1. General, Scope
These terms and conditions take precedence for all transactions
in the form of digital data transfer - download transactions. For
the purchase of physical products on data-media (CD, DVD or
similar) special terms and conditions apply.
All download products and services provided by AudioTravel Dina
Hagl (hereafter “AudioTravel” for short) are carried
out on the basis of the following terms and conditions, valid at
the point in time at which the contract is closed. Any amendment of
and/or addition to this agreement requires explicit written
permission from AudioTravel to be valid. The same shall apply to
any waiver of this written-form requirement.
In the AudioTravel online shop (www.audiotravel.com) audio
samples can be listened to for free without obligation. Downloads
can also be purchased for the sole purpose of private use.
Commercial use is strictly prohibited.
2. Subject of Agreement, Rights of Use
2.1 Subject of this agreement is solely the product ordered by
the consumer as confirmed by AudioTravel according to the
characteristics and criteria as described at the time of purchase
in the online shop respective product description. Other or further
product properties and/ or criteria, as well as further usages
apply only if they are explicitly confirmed by AudioTravel in
writing. This applies especially for the commercial use of
AudioTravel products.
2.2 Products offered by AudioTravel are copyrighted material or
otherwise protected works. With closure of this contract the
consumer obtains the non-transferable, non exclusive usage right
limited to the usage as defined in section 2.3. All rights not
listed there remain with AudioTravel as the sole owner of all
copyright and all other intellectual property rights.
2.3 With the purchase of the product, the customer acquires the
right to Download the product (audio in mp3 format; booklet in pdf
format) onto the computer of his/her choice, to save it onto this
computer and to save it onto a separate medium for the purpose of
unrestricted use without limitation of time or location on a player
of his/her choice, solely for private use. This also applies to the
booklet for printing. Commercial use is strictly prohibited.
The consumer must not copy the product or any part of it for any
purpose other than backup under the condition that this copy is
solely used for this (backup) purpose. He/she is not allowed to
copy, sell, rent, sub-license or provide access to any part of the
product - such as included pictures, manuals, accompanying texts or
documentation - in any form whatsoever for third parties or for
commercial use. Every transfer of rights is prohibited. Every
violation will be prosecuted.
3. Requirements of Use
3.1 Personal requirement for the acquisition and use of
AudioTravel products is that the customer is at least 18 years of
age.
3.2 In order to use AudioTravel products and services the
customer must have internet access through an appropriate
technology. The associated internet dangers and costs (e.g. for the
data transfer via internet) are the full responsibility of the
customer.
4. Requirements of Use
The customer must fill out all required fields in the
AudioTravel online shop. Once AudioTravel receives the order a
confirmation page will be presented to the customer with order
details, these details are to be verified for correctness and
completeness and confirmed by the customer. Through the
confirmation of the order the customer submits an offer to close an
agreement with AudioTravel. Once AudioTravel receives the order
confirmation and payment the customer is sent a link (an internet
site address) through which the customer can initiate the download
of the ordered product.
With the delivery of the link to the customer by AudioTravel,
the contract is completed.
5. Price
Prices shown at the time of order on the AudioTravel online shop
are binding and include the legal sales tax. With an update of
prices, earlier prices lose their validity.
AudioTravel explicitly states that the prices do not include
costs on the side of the customer for internet connection –
particularly for the length of the download transmission.
6. Return Policy
A right to return does not exist under the terms of § 312 d
Abs. 4 Nr. 1 BGB, since the download of an AudioTravel product is
due to its properties as data media not suitable for return.
7. Deficiencies, Warranty, Liability
7.1 The risk of coincidental loss or degradation of the product
is transferred to the customer once AudioTravel sends the download
link. The customer is responsible for immediately informing
AudioTravel of an incomplete or defective download in writing (e.g.
per email), at the latest within a two week period after reception
of the link.
In the case where the customer is the end-consumer, he/she has
the choice of subsequent improvement or defect free download.
AudioTravel has the right to refuse replacement if this replacement
causes disproportional expense and subsequent improvement does not
pose considerable disadvantages for the consumer.
In case of failure of subsequent improvement, the consumer may
principally demand reduction of sales price or reversal of contract
(rescission).
7.2 AudioTravel does not warrant that the product meets the
specific expectations or requirements of the consumer.
Further, AudioTravel neither warrants nor can be held liable for
the product and its functions being in all cases compatible to the
consumer’s hardware or software. It is the consumer’s
responsibility to meet the necessary technical prerequisites for
the use of the product.
AudioTravel cannot be held liable for damages to the product or
hardware/software owned by the consumer and resulting consequences
which are caused by changes made to the product by the consumer or
third parties. The same is true in case of improper handling,
operation or treatment of the product by the consumer.
7.3 AudioTravel cannot guarantee that the download is always
accessible, particularly not with regard to technical delays that
do not lie within the AudioTravel domain. It is not guaranteed that
the download requested by the customer is available at a specific
time.
7.4 Should the AudioTravel website or the download link not be
accessible, the customer can reach AudioTravel with the following
email address:
info@audiotravel.com
7.5 The consumer is responsible for his/her desired printout of
the booklet in pdf format as well as the print quality of the
printer used. AudioTravel cannot be held liable for these
aspects.
7.6 In the case where the customer has a claim for damages, the
liability of AudioTravel is limited to the compensation of the kind
of damages which occurs typically and predictably.
Incidentally, further consumer claims which are connected to
incorrect or defective delivery, breach of contractual secondary
obligations regarding delivery, as well as any further liability
due to negligent breach of obligation are excluded. This is
independent of the legal ground or cause in law for the claim.
The above exclusion is not applicable in case of damage caused
by intentional or negligent violation of the contract by
AudioTravel. Claims made by the customer according to the product
liability law take precedence over the above limitation of
liability.
8. Privacy
AudioTravel has the right to collect, save and process the
customers personal data required for its business transactions
according to the federal republic of Germany protection law
(Bundesdatenschutzgesetz). This data will solely be used for the
handling of orders, the delivery of products, processing of
payments, and customer service related issues. A transferal of data
to non-involved third parties does not take place.
9. Place of performance, jurisdiction
9.1 The law of the federal republic of Germany is applicable.
The United Nations Convention on contracts for the international
sale of goods is excluded, even if the order is made outside of
Germany or the product is delivered to a destination outside of
Germany.
9.1 In case that the customer is a businessman, legal entity or
special operating asset, the place of performance and jurisdiction
for all arising disputes related to deliveries or services provided
by AudioTravel is the domicile of AudioTravel.
10. Final Provisions
In the case where one or more clauses of these terms and
conditions are or become partially or entirely invalid does not
affect the validity of rest of the terms.
II Terms and Conditions for CD and print
products
1. General, Scope
These terms and conditions take precedence in completion of
contracts for all deliveries and services by AudioTravel Dina Hagl
(hereafter “AudioTravel” for short). Any amendment of
and/or addition to this agreement requires explicit written
permission from AudioTravel to be valid. The same shall apply to
any waiver of this written-form requirement.
Consumer in the case of these terms and conditions is every
natural person who conducts a legal transaction for a purpose. This
purpose can be attributed to neither his/her commercial nor to
his/her self-employment occupation.
Businessman in the case of these terms and conditions is every
natural person or legal person or a partnership of legal capacity,
who with the completion of a transaction exercises his/her
commercial or self-employment occupation.
2. Subject of Agreement, Rights of Use
2.1 Subject of this agreement is solely the product ordered by
the consumer as confirmed by AudioTravel according to the
characteristics and criteria as described in the respective product
description including the later defined purpose of use. Other or
further product properties and/ or criteria, as well as further
usages apply only if they are explicitly confirmed by AudioTravel
in writing.
2.2 With closure of this contract regarding the delivery of a
data-media product (CD, DVD or similar) the consumer obtains the
non-transferable, non exclusive usage right limited to the usage as
defined hereafter. All rights not listed here remain with
AudioTravel as the sole owner of all copyright and all other
intellectual property rights.
2.3 With delivery of the product, the consumer acquires the
right to use the product on any player device of his/her choice
without limitation of time or location.
2.4 The consumer acquires the product for the sole purpose of
private use. Commercial use is strictly prohibited.
2.5 The consumer must not copy the product or any part of it for
any purpose other than backup under the condition that this copy is
solely used for this (backup) purpose. He/she is not allowed to
copy, sell, rent or sub-license any part of the product - such as
included pictures, manuals, accompanying texts or documentation -
in any form whatsoever. He/she may not enable public third party
access.
3. Return Policy
The consumer may cancel the agreement within 2 weeks without
reason in written form (e.g. letter, email, fax) or by returning
the delivered products.
The return period begins, at the earliest, upon receipt of these
instructions. To meet the return deadline, it is sufficient to mail
off, within the return period, a written notification of return or
the products. The written return notification or the return of the
products should be address to:
AudioTravel Dina Hagl
Otilostrasse 27
D- 82166 Gräfelfing
When returning of a product with a value up to 40 Euros, it is
the consumer’s responsibility to pay for the return delivery,
if the delivered products are equivalent to what you ordered.
Otherwise the return delivery is free.
Important Notice: Data media (CD, DVD, or similar) products you
unseal and custom made products can not be sent back, except in the
case where a technical failure exists. The same is true for the
delivery of custom made products.
The consumer is solely responsible for damages caused by
improper use or insufficient packaging during return shipment.
In case of a valid return after payment, the consumer’s
money will be refunded after AudioTravel receives the returned
product.
4. Payment, Delivery
4.1 Delivery is made after prepayment of the ordered product via
parcel service or the German postal service unless otherwise agreed
upon in writing.
4.2 AudioTravel will adhere to a timely delivery as much as
possible. Generally, delivery times are only considered mandatory
if explicitly guaranteed in writing.
4.3 In the case where the customer is the end-consumer, the risk
of coincidental loss or degradation of the product during shipment
lies with AudioTravel. Upon reception, this risk is transferred to
the end-consumer.
In the case where the customer is a businessman, the risk of
coincidental loss or degradation of the product during shipment
lies with the customer as soon as the product has been handed over
to the parcel service. In the case of default of acceptance by the
businessman, the delivery transaction is still considered
valid.
5. Deficiencies, Warrant y, Liability
5.1 AudioTravel does not warrant that the delivered product
meets the specific expectations or requirements of the
consumer.
Further, AudioTravel neither warrants nor can be held liable for
the product and its functions being in all cases compatible to the
consumer’s hardware or software. It is the consumer’s
responsibility to meet the necessary technical prerequisites for
the use of the product.
AudioTravel can never be held liable for damages to the product
or hardware/software owned by the consumer and resulting
consequences which are caused by changes made to the delivered
product by the consumer or third parties. The same is true in case
of improper handling, operation or treatment of the product by the
consumer.
5.2 Given reasonable circumstances, complaints regarding
contents of delivery, defects, incorrect delivery and/or quantity
variance are to be made immediately in writing, at the latest
within a two week period after reception of the product.
In the case where the customer is the end-consumer, he/she has
the choice of subsequent improvement or replacement. AudioTravel
has the right to refuse replacement if this replacement causes
disproportional expense and subsequent improvement does not pose
considerable disadvantages for the consumer.
In case of failure of subsequent improvement, the consumer may
principally demand reduction of sales price or reversal of contract
(rescission).
In the case where the customer has a claim for damages, the
liability of AudioTravel is limited to the compensation of the kind
of damages which occurs typically and predictably.
Incidentally, further consumer claims which are connected to
incorrect or defective delivery, breach of contractual secondary
obligations regarding delivery, as well as any further liability
due to negligent breach of obligation are excluded. This is
independent of the legal ground or cause in law for the claim.
The above exclusion is not applicable in case of damage caused
by intentional or negligent violation of the contract by
AudioTravel. Claims made by the customer according to the product
liability law take precedence over the above limitation of
liability.
6. Retention of Title
All delivered products remain property of AudioTravel until
complete payment has been received.
7. Privacy (data protection)
AudioTravel has the right to collect, save and process the
customers personal data required for its business transactions.
This data will solely be used for the handling of orders, the
delivery of products, processing of payments, and customer service
related issues. A transferal of data to non-involved third parties
does not take place.
8. Place of performance, jurisdiction
8.1 The law of the federal republic of Germany is applicable.
The United Nations Convention on contracts for the international
sale of goods is excluded, even if the order is made outside of
Germany or the product is delivered to a destination outside of
Germany.
8.2 In case that the customer is a businessman, legal entity or
special operating asset, the place of performance and jurisdiction
for all arising disputes related to deliveries or services provided
by AudioTravel is the domicile of AudioTravel.
9. Final provisions
In the case where one or more clauses of these terms and
conditions are or become partially or entirely invalid does not
affect the validity of rest of the terms.
