Terms of Services

§ 1 BASIC PROVISIONS 

(1) THE FOLLOWING TERMS AND CONDITIONS APPLY TO ALL CONTRACTS THAT YOU CONCLUDE WITH ME AS A PROVIDER (Alexander Steiner) ON THE WEBSITE WWW.RUDE-NOTE.COM. UNLESS OTHERWISE AGREED, THE INCLUSION OF ANY TERMS AND CONDITIONS OF YOUR OWN USE IS CONTRADICTED. 

(2) A CONSUMER WITHIN THE MEANING OF THE FOLLOWING REGULATIONS IS ANY NATURAL PERSON WHO CONCLUDES A LEGAL TRANSACTION FOR PURPOSES THAT CAN BE ATTRIBUTED PREDOMINANTLY NEITHER TO THEIR COMMERCIAL NOR TO THEIR INDEPENDENT PROFESSIONAL ACTIVITY. AN ENTREPRENEUR IS ANY NATURAL OR LEGAL PERSON OR A LEGAL PARTNERSHIP THAT, WHEN ENTERING INTO A LEGAL TRANSACTION, ACTS IN THE EXERCISE OF ITS INDEPENDENT PROFESSIONAL OR COMMERCIAL ACTIVITY. 

(3) § ONLINE DISPUTE RESOLUTION THE EU COMMISSION OFFERS ONLINE DISPUTE RESOLUTION ON A PLATFORM OPERATED BY IT. YOU CAN REACH THEM VIA THIS LINK HTTP://EC.EUROPA.EU/CONSUMERS/ODR/. I AM NOT OBLIGED TO PARTICIPATE IN A DISPUTE SETTLEMENT PROCEDURE BEFORE A CONSUMER ARBITRATION BOARD AND IN PRINCIPLE I AM NOT READY. 

§ 2 CONCLUSION OF THE CONTRACT 

(1) THE SUBJECT OF THE CONTRACT IS THE SALE OF DOWNLOAD PRODUCTS. 

(2) ALREADY WITH THE SETTING OF THE RESPECTIVE DOWNLOAD PRODUCT ON OUR SITE, WE MAKE YOU A BINDING OFFER TO CONCLUDE A PURCHASE CONTRACT FOR THE CONDITIONS SPECIFIED IN THE ITEM DESCRIPTION. 

(3) THE PURCHASE CONTRACT IS CONCLUDED VIA THE ONLINE SHOPPING CART SYSTEM AS FOLLOWS:

FIRST, SELECT THE LICENSES YOU WANT TO RECEIVE. THEN YOU HAVE TO ENTER THE PURCHASE ARTICLE FOR DOWNLOAD UNDER „BEAT TITLE“. IN ADDITION, YOU MUST ENTER YOUR EMAIL ADDRESS, WHICH SHOULD RECEIVE THE DOWNLOAD LINK AND THE LICENSE. YOU WILL BE REDIRECTED TO PAYPAL VIA THE CORRESPONDING „ADD TO CART“ BUTTON. THERE YOU WILL LEARN ONCE MORE THE AMOUNT TO PAY AND THE ARTICLE NAME.BY SENDING THE ORDER TO THE PAYPAL PAYMENT YOU AGREE LEGALLY BINDING ACCEPTANCE OF THE OFFER, MAKING THE PURCHASE CONTRACT. AFTER PAYMENT, YOU WILL BE REDIRECTED TO A CONTACT FORM, WHICH YOU MUST COMPLETE FOR THE LICENSE AND THE INVOICE. LASTLY, WITHIN 24 HOURS YOU WILL RECEIVE THE DESIRED BEAT, LICENSE AND INVOICE BY E-MAIL.

(4) YOUR REQUESTS TO MAKE AN OFFER ARE NOT BINDING FOR YOU. WE WILL MAKE YOU A BINDING OFFER IN TEXT FORM (FOR EXAMPLE BY E-MAIL), WHICH YOU CAN ACCEPT WITHIN 5 DAYS. 

(5) THE PROCESSING OF THE ORDER AND THE TRANSMISSION OF ALL INFORMATION REQUIRED IN CONNECTION WITH THE CONCLUSION OF THE CONTRACT IS PARTLY AUTOMATED BY E-MAIL. YOU THEREFORE HAVE TO ENSURE THAT THE E-MAIL ADDRESS YOU PROVIDE US WITH IS CORRECT, THAT THE RECEIPT OF THE E-MAILS IS TECHNICALLY ENSURED AND, IN PARTICULAR, THAT NO SPAM FILTERS PREVENT THIS. 

§ 3 LICENSE FOR DOWNLOAD PRODUCTS

(1) THE OFFERED DOWNLOAD PRODUCTS ARE PROTECTED BY COPYRIGHT. YOU WILL RECEIVE A SIMPLE USER LICENSE FOR EACH DOWNLOAD PRODUCT PURCHASED FROM US, UNLESS OTHERWISE STATED IN THE RESPECTIVE ARTICLE DESCRIPTION ON THE WEBSITE.

(2) THE SINGLE USER LICENSE INCLUDES THE PERMISSION TO SAVE AND / OR PRINT A COPY OF THE DOWNLOADABLE PRODUCT FOR YOUR PERSONAL USE ON YOUR COMPUTER OR OTHER ELECTRONIC DEVICE.ANY FURTHER COPY IS PROHIBITED. YOU ARE EXPRESSLY PROHIBITED FROM MODIFYING OR EDITING A FILE OR ANY PART OF IT AND IN ANY WAY MAKING IT AVAILABLE TO THIRD PARTIES PRIVATELY OR COMMERCIALLY.

§ 4 RIGHT OF RETENTION

YOU CAN ONLY EXERCISE A RIGHT OF RETENTION IF IT CONCERNS CLAIMS FROM THE SAME CONTRACTUAL RELATIONSHIP.

§ 5 LIABILITY

(1) WE ARE FULLY LIABLE FOR DAMAGES RESULTING FROM INJURY TO LIFE, LIMB OR HEALTH. FURTHERMORE, WE ARE LIABLE WITHOUT LIMITATION IN ALL CASES OF INTENT AND GROSS NEGLIGENCE, FRAUDULENT CONCEALMENT OF A DEFECT, ASSUMING THE GUARANTEE FOR THE NATURE OF THE OBJECT OF PURCHASE AND IN ALL OTHER STATUTORY CASES.

(2) THE LIABILITY FOR DEFECTS WITHIN THE SCOPE OF THE LEGAL WARRANTY IS GOVERNED BY THE CORRESPONDING PROVISION IN OUR CUSTOMER INFORMATION (PART II).

(3) IF MATERIAL CONTRACTUAL OBLIGATIONS ARE AFFECTED, OUR LIABILITY FOR SLIGHT NEGLIGENCE SHALL BE LIMITED TO THE CONTRACTUALLY TYPICAL, FORESEEABLE DAMAGE. SIGNIFICANT CONTRACTUAL OBLIGATIONS ARE ESSENTIAL OBLIGATIONS WHICH ARISE FROM THE NATURE OF THE CONTRACT AND WHOSE VIOLATION WOULD JEOPARDIZE THE ACHIEVEMENT OF THE PURPOSE OF THE CONTRACT AND OBLIGATIONS WHICH THE CONTRACT IMPOSES ON US ACCORDING TO ITS CONTENT FOR THE PURPOSE OF ACHIEVING THE PURPOSE OF THE CONTRACT, THE FULFILLMENT OF WHICH MAKES THE PROPER EXECUTION OF THE CONTRACT POSSIBLE IN THE FIRST PLACE AND ON WHOSE COMPLIANCE YOU CAN REGULARLY RELY.

(4) LIABILITY FOR SLIGHTLY NEGLIGENT BREACHES OF DUTY IS EXCLUDED IN THE CASE OF BREACH OF INSIGNIFICANT CONTRACTUAL OBLIGATIONS.

(5) ACCORDING TO THE CURRENT STATE OF THE ART, DATA COMMUNICATION VIA THE INTERNET CAN NOT BE GUARANTEED ERROR-FREE AND / OR AVAILABLE AT ALL TIMES. WE ARE NOT LIABLE FOR THE CONTINUOUS OR UNINTERRUPTED AVAILABILITY OF THE WEBSITE AND THE SERVICES OFFERED THERE.

(6) DATA PROTECTION CLAIMS ARE NOT COVERED BY THIS LIABILITY REGULATION.

§ 6 CHOICE OF LAW, PLACE OF PERFORMANCE, PLACE OF JURISDICTION

(1) GERMAN LAW APPLIES. FOR CONSUMERS, THIS CHOICE OF LAW APPLIES ONLY TO THE EXTENT THAT THIS DOES NOT REMOVE THE PROTECTION AFFORDED BY MANDATORY PROVISIONS OF THE LAW OF THE STATE OF THE CONSUMER’S HABITUAL RESIDENCE (FAVORABLE PRINCIPLE).

(2) THE PLACE OF FULFILLMENT FOR ALL SERVICES ARISING FROM OUR EXISTING BUSINESS RELATIONSHIPS AS WELL AS PLACE OF JURISDICTION IS OUR REGISTERED OFFICE, AS FAR AS YOU ARE NOT A CONSUMER BUT A MERCHANT, A LEGAL ENTITY UNDER PUBLIC LAW OR A SPECIAL FUND UNDER PUBLIC LAW. THE SAME APPLIES IF YOU DO NOT HAVE A GENERAL PLACE OF JURISDICTION IN GERMANY OR THE EU OR THE PLACE OF RESIDENCE OR HABITUAL RESIDENCE IS NOT KNOWN AT THE TIME THE COMPLAINT IS FILED. THE RIGHT TO CALL THE COURT AT ANOTHER STATUTORY PLACE OF JURISDICTION REMAINS UNAFFECTED.

(3) THE PROVISIONS OF THE UN SALES CONVENTION EXPLICITLY DO NOT APPLY.

_______________________________________________________________________________________

II. CUSTOMER INFORMATION

1. IDENTITY OF THE SELLER

Rudenote Studios

Am Einlass 1

87700 Memmingen

GERMANY

TELEPHONE: +49 1763 1124307

E-MAIL: [email protected]

2. INFORMATION ABOUT THE CONCLUSION OF THE CONTRACT

THE TECHNICAL STEPS TO CONCLUDE THE CONTRACT, THE CONCLUSION OF THE CONTRACT ITSELF AND THE CORRECTION OPTIONS ARE MADE IN ACCORDANCE WITH § 2 OF OUR GENERAL TERMS AND CONDITIONS (PART I.).

3. CONTRACT LANGUAGE, CONTRACT TEXT STORAGE

3.1. CONTRACT LANGUAGE IS ENGLISH.

3.2. THE COMPLETE CONTRACT TEXT WILL NOT BE SAVED BY US. BEFORE SUBMITTING THE ORDER, THE CONTRACT DATA CAN BE PRINTED OUT OR SAVED ELECTRONICALLY USING THE BROWSER’S PRINT FUNCTION. AFTER THE ORDER HAS BEEN RECEIVED BY US, THE ORDER DATA, THE LEGALLY REQUIRED INFORMATION FOR DISTANCE CONTRACTS AND THE GENERAL TERMS AND CONDITIONS WILL BE SENT TO YOU BY E-MAIL.

4. ESSENTIAL FEATURES OF THE PRODUCT OR SERVICE

THE MAIN FEATURES OF THE PRODUCT AND / OR SERVICE CAN BE FOUND IN THE ITEM DESCRIPTION AND THE SUPPLEMENTARY INFORMATION ON OUR WEBSITE.

5. PRICES AND PAYMENT METHODS

5.1. THE PRICES QUOTED IN THE RESPECTIVE OFFERS AS WELL AS THE SHIPPING COSTS ARE TOTAL PRICES. THEY INCLUDE ALL PRICE COMPONENTS INCLUDING ALL APPLICABLE TAXES.

5.2. SINCE THE GOODS ARE DELIVERED BY DOWNLOAD, THERE ARE NO SHIPPING COSTS.

5.3. THE PAYMENT METHODS AVAILABLE TO YOU ARE SHOWN UNDER A CORRESPONDINGLY DESIGNATED BUTTON ON OUR WEBSITE OR IN THE RESPECTIVE ARTICLE DESCRIPTION.

5.4. UNLESS OTHERWISE STATED IN THE INDIVIDUAL PAYMENT METHODS, THE PAYMENT ENTITLEMENTS UNDER THE CONTRACT ARE IMMEDIATELY DUE FOR PAYMENT.

6. TERMS OF DELIVERY

THE TERMS OF DELIVERY, THE DELIVERY DATE AND ANY EXISTING DELIVERY RESTRICTIONS CAN BE FOUND UNDER A CORRESPONDING BUTTON ON OUR WEBSITE OR IN THE RESPECTIVE ITEM DESCRIPTION.

7. LEGAL LIABILITY RIGHT

THERE ARE STATUTORY WARRANTY RIGHTS.