General Terms and Conditions (GTC)
§ 1 Conclusion of Contract
1.1
Cnoc Records provides customers with musical tracks for use as square dance music. The songs are available online as MP3 files. As soon as the customer places an order through the online shop, they order the selected songs under the following general terms and conditions. This also applies to orders transmitted by other means. Please read the General Terms and Conditions carefully before ordering. By ordering the songs from Cnoc Records, the customer declares that they have read and agree to the General Terms and Conditions.
1.2
Materials for square dance callers (e.g., PDFs, etc.), music without square dance relation, and merchandise items offered via a connection to shirtee.com are also offered.
1.3
The representations and descriptions in general, as well as of the songs, on the internet and in product information are not always exact. The customer is aware of the technical possibilities and limitations of the media of the songs. On request, Cnoc Records will provide additional technical details.
1.3
The music offered by Cnoc Records consists of royalty-free (GEMA-free) tracks.
§ 2 Scope
The business relationship between Cnoc Records and the customer is subject to the General Terms and Conditions applicable at the time of the order. Deviating conditions of the customer do not apply unless Cnoc Records has given written consent.
§ 3 Warranty
3.1
Cnoc Records warrants that the songs are provided in the generally accepted MP3 format and can be used on corresponding playback devices (e.g., laptop, MP3 player, mobile phone, etc.). Cnoc Records does not, however, guarantee that the songs are suitable for the purposes intended by the customer.
3.2
Cnoc Records gives no warranty that the included texts (cue sheets) are correct or error-free, as these are provided by Cnoc Records as a free service.
3.3
Cnoc Records may fulfill the warranty by repair. Repair will be performed, at Cnoc Records’ choice, by providing new media or by reworking the material. If repairs remain finally and clearly unsuccessful after several attempts despite a reasonable written deadline, the customer has the right to reduce the price or to terminate the contract. For claims for damages, § 9 applies.
3.4
The customer is obliged to inspect the media immediately upon receipt for identifiable defects and to report obvious defects within one week, stating the defect (also by e‑mail).
3.5
For purchases of merchandise products, the entire handling of the sale is carried out in the name and on account of shirtee.com. Corresponding claims must be made directly there.
§ 4 Rights
4.1
The customer receives a simple, unlimited-in-time right of use to the songs within the scope described below. All rights not expressly granted remain with Cnoc Records.
4.2
The customer is entitled to use the music on a technically suitable computer/playback device. However, the music may only be used by one person on one computer/playback device at a time, not simultaneously. On two or more computers/playback devices, whether by the same customer or by different persons, the right of use applies only to the original medium of the delivered material. The customer may make a backup copy of the medium, which may not be used simultaneously alongside the original data.
4.3
Without prior written consent from Cnoc Records, the customer is not permitted to transfer, reproduce, distribute, pass on the music to third parties or enable third parties to use it in any way other than technically described in § 4.2; to reproduce and distribute edits and arrangements made by the customer; to alter or remove data contained in the copyright notice, other legal reservations, serial numbers or other identification data. Passing the songs on to third parties is only permitted if the customer permanently transfers the files to the third party and retains no copy.
4.4
Cnoc Records expressly points out to the customer that the music is royalty-free (GEMA-free). Regardless, this is explicitly not free music and legal use is only possible with the purchase of the song.
In general:
The tracks provided by Cnoc Records have not been registered with GEMA or any other collecting society. Cnoc Records is not represented by any such society and has not paid licenses or fees to collecting societies on behalf of the provided works. Users are not represented by Cnoc Records before collecting societies and are not required to make payments to collecting societies on Cnoc Records’ behalf; however, users remain responsible for verifying and fulfilling any local licensing or public performance fees applicable to their specific use.
4.5
If the customer infringes Cnoc Records’ rights by using the songs, Cnoc Records has the right, without proof, to increase the remuneration for the respective song to double, but to calculate at least €250.00 as minimum damages. The right to further damages remains unaffected.
§ 5 Prices, Discounts and Special Offers
5.1
The prices currently displayed in the online shop apply.
§ 6 Payment
6.1
The customer can conveniently pay for the online purchase via PayPal directly on the website.
6.2
Until all claims of Cnoc Records against the customer have been settled, the granted right of use remains subject to the condition of full settlement of these claims.
6.3
The customer may close their customer account at any time. If the customer has a credit balance in their account at that time, it will be refunded in accordance with § 6.4. Cnoc Records charges a processing fee of €5.00.
6.4
All discounts granted on the basis of agreed volume discounts are invalid in this case, and the actual quantity of the customer's account will be recalculated.
§ 7 Access to the Online Environment
7.1
The customer is responsible for ensuring that no unauthorized third party gains access to their personal online data (username and password).
7.2
The customer will inform Cnoc Records immediately if they lose their personal access data or if there is a possibility of misuse of their customer account by a third party. Upon receipt of the loss report, Cnoc Records will block the customer's account immediately.
§ 8 Data
Personal data collected in the context of the contractual relationship may be processed by Cnoc Records only for internal purposes and on the basis of data protection laws. Cnoc Records may, if necessary, pass the data on to suppliers in order to fulfill the performance and billing of the contractually agreed service.
§ 9 Liability
9.1
Unless otherwise stated, further claims of the customer — for whatever reason — are excluded. Cnoc Records is not liable for damages that do not occur to the delivered item itself, in particular not for lost profits or other financial losses of the customer.
9.2
The above limitation of liability does not apply in cases of intent or gross negligence as well as in the case of personal injury.
§ 10 Right of Withdrawal and Return
10.1
For orders by post, fax, letter, telephone and other means of distance communication, customers who are consumers (i.e., who did not conclude the contract for the songs in the exercise of their commercial or independent professional activity) have a right of withdrawal in accordance with §§ 312d, 355 BGB.
10.2
The withdrawal period begins with the delivery of the ordered musical pieces to the customer.
§ 11 Applicable Law
All legal relationships arising from this contract are subject to the law of the Federal Republic of Germany.