General terms and conditions Lichtpunkt Records OG
Version 1.1.2016
1.) General
2.) Enrolment
3.) Prizes
4.) Order and delivery conditions
5.) Utilisation rights
6.) Rights and obligations of the customer
7.) Liabilities
8.) Retention of title
9.) Applicable law
10.) Contract language
11)Data protection
12)Revocation policy and right of return
1.) General
These general terms and conditions apply to all deliveries and services of Lichpunkt Records OG in their valid version at the time of ordering.
The customer irrevocably accepts the validity of these terms and conditions with the confirmation of his registration. Any conflicting or deviating conditions of the customer are excluded. In the following text, the customer is also addressed with “you”.
The english version of the general terms and conditions is automatically translated from the german version and just for your information.
Please note that only the german version is legally binding.
2.) Enrolment
2.1) In order to become a Lichpunkt Records customer and use the services, it is necessary to register with Lichpunkt Records.
2.2) The registration takes place under www.lichtpunkt-records.at and is free of charge. When registering, the customer must enter his or her name, a valid email address and postal address and set a password.
2.3) Lichpunkt Records OG reserves the right to refuse the registration of individual persons for important reasons.
2.4) After submitting the registration form, you will receive an email from Lichpunkt Records asking you to confirm your registration. Confirm this by clicking on the activation link provided and you will be redirected to a confirmation page where you can now shop in the shop with your user data (user and password).
3.) Prizes
All prices are inclusive of the legal value added tax (VAT) and are rounded to full cents. The value added tax for physical products (CDs, sound effects, etc.) is 20%, for digital products the value added tax depends on the customer’s country (invoice address).
Misprints and errors excepted.
4.) Order and delivery conditions:
4.1) Orders are placed via the Internet on the Lichpunkt Records homepage www.lichtpunkt-records.at.
After placing your order you will receive an order confirmation by e-mail, which is automatically generated by the server.
4.2) All offers valid while stocks last. If products are no longer available, you will be informed immediately.
4.3) The physical goods are dispatched by post, the risk is transferred to the customer as soon as the delivery is handed over to the customer by the delivering parcel or postal service. In the case of digital products, the download link will be sent to the customer’s e-mail address, which is stored in the customer profile, within a few minutes after successful payment.
4.4) Information about delivery times are non-binding.
4.5) Shipping costs:
Within Austria with order value up to 39,99 Euro: 4 Euro, from 100 Euro order value: Free of shipping costs
To Germany: 7 Euro
To Switzerland: 12 Euro
Rest of Europe: 16 Euro
Worldwide: 35 Euro
Import customs clearance and taxation, e. g. in Switzerland, is at the consignee’s discretion.
5.) Rights of use:
5.1) Lichtpunkt Records grants you non-exclusive, non-sublicensable, spatially and temporally unlimited rights of use to the acquired audio files (music pieces, lectures, audio books, etc.).
5.2) You may download the purchased audio files for storage from www.lichtpunkt-records.at and copy them to your computer’s hard drive.
5.3) You may listen to the purchased audio files, burn them and copy them to mobile players.
5.4) No use beyond the scope of Section 4.3 is permitted. In particular, the commercial use of the purchased music is excluded. This applies in particular to the distribution, distribution or other sale of produced audio CDs, copies or recordings.
6.) Rights and obligations of the customer
6.1) You are responsible for the correct input of your data. You can make changes to your data at any time in the customer log-in area under “Account management”. If this is not possible, you have to inform Lichpunkt Records OG by email to office@lichtpunkt-records.at and inform us of the desired changes.
6.2) You may not pass on your password to third parties and must keep it protected from access by third parties. If there is reason to suspect that unauthorized persons have become aware of the password, you must change the password immediately.
6.3) You must ensure that Lichpunkt Records services are only used with your express consent.
6.4) You have the possibility to rate individual articles. These reviews reflect the opinion of the respective author. Lichpunkt Records OG therefore dissociates itself from the contents of the ratings. The author agrees that his ratings are posted on the website of Lichpunkt Records and are made available there for retrieval and hereby irrevocably grants Lichtpunkt Records all necessary rights in this regard.
This evaluation function must not be used improperly, in particular no information with illegal or immoral or morally offensive content may be transmitted or posted.
Lichtpunkt Records reserves the right to delete ratings and guestbook entries with such content without consulting the customer.
The provisions on the protection of minors, national and international copyrights and trademark, patent, name and trademark rights as well as other industrial property rights and personal rights of third parties must be observed.
6.5) In case of violations of these obligations of the customer, Lichtpunkt Records is entitled to block the account. Lichtpunkt Records informs the customer of the reason for the block and cancels it again if the breach of duty has been remedied and the customer has credibly demonstrated the failure to comply with future breaches of duty.
7.) Liabilities
7.1) Lichtpunkt Records shall not be liable for damages resulting from a breach of duty for which the customer is responsible. The customer shall be liable for any infringement of third party rights for which he is responsible vis-à-vis himself/herself and directly.
7.2) Lichtpunkt Records shall not be liable for damage to playback devices or other data carriers, whereby liability under the Product Liability Act shall remain unaffected. Lichpunkt Records expressly points out that too loud listening (e. g. with headphones) can lead to hearing damage and recommends a moderate volume for the consumption of audio files. Damage due to too loud listening habits is generally excluded.
7.3) The consumption of audio files (e. g. meditations, soothing music, etc.) can lead to fatigue or reduced attention. The customer must ensure that in such cases there is no danger to his own safety or to the safety of third parties (road traffic, workplace, etc.). Any liability on the part of Lichpunkt Records in this respect shall be excluded with regard to both the customer and third parties.
8.) retention of title
The goods remain the property of Lichpunkt Records until full payment by the customer.
9.) Applicable law
Austrian law applies, the place of jurisdiction is St. Pölten, unless the consumer’s national law does not apply.
10.) Contract language
German
11.) Protection of privacy
Lichtpunkt Records OG collects customer data within the framework of the processing of contracts. In particular, we observe the regulations of the Federal Data Protection Act and the Telemedia Act. Without your consent, Lichtpunkt Records OG will only collect, process or use existing and usage data from you to the extent necessary for the processing of the contractual relationship and for the use and billing of telemedia.
Without your consent, Lichtpunkt Records OG will not use your data for advertising, market or opinion research purposes. With your consent, you will receive the newsletter that appears on a regular basis and will be sent to the email address specified in your master data.
You can change or delete your data at any time under “Register”, but you can also request that the data be changed or deleted by sending an email to office@lichtpunkt-records.at According to the Federal Data Protection Act, you have a right to free information about your stored data as well as a right to correction, blocking or deletion of these data. In all other respects, reference is made to the data protection declaration with regard to the customer’s consent and further information on data collection, processing and use, which can be called up at any time on the www.lichtpunkt-records.at website via the “Data protection” button in printable form.
You can unsubscribe from the newsletter or subscribe to the newsletter at any time by entering your user name and email address in the left-hand column at the bottom of the www.lichtpunkt-records.at website and pressing the “Subscribe” or “Unsubscribe” button below.
Payment data is transferred to the secure (SSL encrypted) pages of our payment partners listed below. You should always treat your access information confidentially and close the browser window when you have finished communicating with us, especially if you share your computer with others.
Paypal:
PayPal (Europe) S. à r. l. & Cie, S. C. A.
story
22-24 Boulevard Royal
L-2449 Luxembourg
Phone: (+352)27 302 143
www.paypal.de
Use of Google Analytics
This website uses Google Analytics, a web analysis service provided by Google Inc. to analyse the use of the website.
The information generated by the use of Google Analytics about your use of this website (including your IP address) will be transmitted to a Google Inc. server in the USA and stored there.
Google will use this information to evaluate your use of the website, to compile reports on website activity for website operators and to provide other services associated with the use of the website and the Internet.
Google will in no case associate your IP address with other Google data. By using this website, you agree to the processing of the data collected about you by Google in the manner and for the purpose described above.
Use of Cookies
We use so-called cookies on our website. Cookies (cookies, cookies) are small files that are stored on your data carrier and store certain settings and data for exchange with our system via your browser. This storage helps us to design the website appropriately for you and makes it easier for you to use it, e. g. by saving certain input from you in such a way that you do not have to repeat it constantly. Your browser allows you to make restrictive settings for the use of cookies, which may result in our offer no longer functioning for you or to a limited extent. Cookies can also be deleted there.
Repeat consent forms
If necessary, you have expressly granted us the following consent and we have recorded your consent. According to the German Telemedia Act, we are obliged to keep the content of consents available for retrieval at all times. You can revoke your consent at any time with effect for the future.
Permission for e-mail advertising
I would like to subscribe to the newsletter (unsubscription possible at any time).
12.) Revocation instruction, and right of return
Right of withdrawal:
You have the right to revoke this contract within fourteen days without giving any reasons. The period of revocation shall be fourteen days from the day on which you or a third party named by you, who is not the carrier, have or has taken possession of the goods. In order to exercise your right of withdrawal, you must notify us,
Lichtpunkt Records OG
Andy Eicher and Wolfgang Tejral
Buchschachen 15
4443 Maria Neustift
Austria
Tel: +43 (0)7250 80282
office@lichtpunkt-records.at
by means of a clear declaration (e. g. a letter, fax or e-mail sent by post) of your decision to revoke this contract. You can use the enclosed sample revocation form for this purpose, but it is not mandatory. In order to comply with the revocation period, it is sufficient that you send the notice of revocation prior to the expiry of the revocation period.
Revocation consequences:
If you revoke this contract, we will refund to you immediately all payments we have received from you, including the delivery costs (except for the additional costs resulting from your choice of a different type of delivery than the cheapest standard delivery offered by us) and within fourteen days at the latest from the date on which we receive notice of your revocation of this contract. We will use the same means of payment for this repayment as you used in the original transaction, unless otherwise expressly agreed with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without delay and in any case at the latest within fourteen days of the day on which you inform us about the revocation of this contract. The deadline is respected if you send the goods before the expiry of the 14-day deadline. You shall bear the direct costs of returning the goods. They shall only be liable for any loss in value of the goods if this loss in value is due to a handling of the goods which is not necessary for the examination of the quality, properties and functioning of the goods.
The right of revocation does not apply to contracts for the delivery of audio or video recordings or computer software in sealed packaging if the seal has been removed after delivery.
LICHTPUNKT RECORDS OG
Buchschachen 15
4443 Maria Neustift
Austria
Tel: +43 (0)7250 80282
UID: ATU66543948
www.lichtpunkt-records.at
office@lichtpunkt-records.at
Commercial register no.: FN364726 m
Commercial Court Steyr, Upper Austria