General Terms and Conditions Art. 1 Applicability (1) The present General Terms and Conditions apply to all relations between notafina GmbH, Mainz (notafina) and its customers, with the exception of the dealer-partners participating in the Print Partner Programme of notafina, in the respective version effective at the time of conclusion of the agreement. (2) By confirming his/her registration or authentication by e-mail when purchasing sheet music via the notafina shop, the customer accepts the validity of these General Terms and Conditions. Any contradictory or deviating terms and conditions of the customer are excluded.
Art. 2 Scope of services (1) notafina is the provider of a service which allows the customer to obtain the permission to use digital content ('products') through purchase, however only as end user pursuant to these General Terms and Conditions. (2) notafina provides the customer with sheet music, e-books and audio recordings. Sheet music and audio recordings presented through the website at www.notafina.de can be viewed or listened to by means of a direct on-line preview via web browser. Audio samples of sheet music or audio recordings serve only for information purposes and can neither be purchased nor downloaded. After the purchase, the customer can download the regarding sheet music, e-books and audio recordings or print the sheet music on his/her printer.
Art. 3 Registration (1) To become a customer of notafina and be able to purchase and use their products, it is necessary to register with notafina. (2) Registration is made at www.notafina.de. The registration is free of charge. Upon registration, the customer will have to determine a user name (e-mail address) and a password. (3) After transmitting the registration form, the customer will receive an e-mail from notafina in which the acquired access data are confirmed and communicated to the customer. With that, the registration is completed.
Art. 4 notafina account (1) Upon completion of the registration process, the customer will receive his/her own notafina account. (2) With the opening of the notafina account, the customer is entitled to use and administer products of notafina. The use of individual notafina products requires the conclusion of additional separate agreements. (3) The customer can terminate his/her notafina account at any time by sending an e-mail to firstname.lastname@example.org or a letter to notafina by post. (4) The notafina account can be terminated by notafina at any time by giving 2 weeks' written notice by post or by e-mail. (5) The right to terminate the notafina account without notice for good cause remains reserved to the parties. notafina can terminate the account either by post or by e-mail. (6) The customer may transfer his/her notafina account to any third party only after prior written approval of notafina.
Art. 5 System requirements The use of notafina does not require an additional software. The customer's web browser must be able to display image files as well as have a flash plug-in installed for audio samples and the preview of sheet music. For the use of purchased sheet music and books in PDF format, the software on the customer's device must be able to display PDF files (e.g. using the free Acrobat Reader from Adobe). To play downloaded audio files, it is necessary that the device of the customer can handle MP3 files. For the use of e-books in e-pub format appropriate reader software or an e-reader is required.
Art. 6 Preview, text printouts and audio samples (1) On the website of notafina, the customer can see all sheet music pages offered on the website as a preview. (2) notafina offers audio samples of many of the offered sheet music items and audio recordings through which the customer can receive an impression of the offered music piece. The duration of the audio samples is variable.
Art. 7 Purchase of products (1) The description of the offer of downloadable products of notafina on the Internet serves only to inform the customer. It is by no means an offer to conclude an agreement within the meaning of Art. 145 German Civil Code. Contractual obligations, such as in the sense of a commitment guarantee, do not arise to notafina. (2) If the customer has decided to purchase a product, he/she can put it in the basket. (3) The agreement is reached through the offer of the customer and the provision of the product by notafina after the customer has chosen a product. By providing the product, notafina accepts the customer's offer. notafina reserves the right to reject the offer of concluding an agreement for good cause in individual cases.
Art. 8 Terms and default of payment (1) The product is purchased by payment in the basket menu. The purchase price becomes due on the conclusion of the agreement. (2) Payment can be effected through the following payment methods: a. through a prepaid account at notafina into which the customer can pay a credit balance by using a voucher. b. by using the voucher code of a gift voucher which can be purchased in shops c. by credit card d. by PayPal (3) The customer binds him-/herself to pay all products he/she purchases via notafina. notafina can charge to the customer's credit card or PayPal account the prices for all purchased products and all additional amounts arising through or in connection with the customer's account (including all taxes and possible reminder fees). The customer shall be responsible for the payment of all fees in due time as well as for indicating a valid credit card or for valid data in connection with his/her PayPal account for payment purposes. All fees will be charged to the customer's credit card or PayPal account indicated by him/her as means of payment during the purchasing process. (4) The total price of a product covers the price of the product and the VAT valid at the day of download. (5) So long as no purchase has been finalized, notafina can change the prices of the offered products at any time. notafina does not provide any price guarantee nor grants any reimbursement of the purchase price in the case of a price reduction or special offer which are offered after a purchase. (6) If a product is no longer available after a purchase but before the download, the customer's claim will be restricted to the reimbursement of the price paid by him/her for the non-available product. If technical problems prevent or unreasonably delay the delivery of the product, the customer's sole claim shall be either a replacement or the reimbursement of the paid price, as notafina sees fit. (7) Should a customer fall into arrears, notafina shall be entitled to charge default interest at a rate of 5% per year over the base lending rate of the Deutsche Bundesbank. If notafina can prove to have incurred higher damages, notafina shall be entitled to charge them to the customer. (8) The customer shall only be entitled to offsetting if his/her counterclaims have been legally established or are uncontested by notafina. Furthermore, he/she is only entitled to exercise the right of retention if and when his/her counterclaim is based on the same contractual relationship. (9) Any unused amounts will be credited upon proof of an unsuccessful download. In the case of an incomplete or aborted download, the customer will have the opportunity to obtain the corresponding title again without any further costs.
Art. 9 Gift vouchers and accounts in credit (1) Gift vouchers and accounts in credit, in addition to unused credit balances, cannot be converted into cash, returned against cash, exchanged, resold nor used for the purchase of gift vouchers. Unused credit balances cannot be transferred. (2) notafina is not responsible for lost or stolen gift vouchers or accounts in credit. (3) notafina reserves the right to close accounts and demand other modes of payment if a gift voucher or account in credit has been obtained by fraud or if a gift voucher or account in credit has been used fraudulently for the purchase of sheet music of notafina. (4) The risk of loss and the rights in the gift vouchers and accounts in credit transmitted electronically pass to the recipient at the time of electronic transmission.
Art.10 Rights of utilization (1) The products offered by notafina are available for download with the consent of the parties holding the corresponding rights. notafina grants the customer non-exclusive, non-sublicensable rights, without any restriction as to time and territory, to use the purchased products for personal, non-commercial use. Thus, downloading pursuant to Art. 53 (4) German Copyright Act is permitted. Any further copying or spreading of the files or printouts purchased from notafina, however, will be an infringement of rights. This is prohibited. (2) By downloading the products or printing the sheet music on the customer's printer, no rights, as mentioned in (1), particularly no further copyrights, ancillary rights or other industrial property rights, will be transferred. Any other use, such as the editing, transferring, renting, re-licensing - physically as well as non-physically -, particularly the making available of the products on the Internet and other electronic networks or databases, as well as the commercial use of the products is prohibited. (3) To protect the downloaded and/or printed sheet music against unauthorized reproduction and distribution, the sheet music purchased from notafina has a digital watermark. In addition, the printed sheet music contains the customer and transaction data in the footer so that the origin of the sheet music can be determined in the case of any acts of infringement. (4) The customer must not evade nor remove the digital watermark used by notafina as well as the customer and transaction data contained on the printed sheet music.
Art. 11 Intellectual property (1) The products of notafina, including the graphics, user surfaces, audio samples, editorial content as well as the software used for the implementation of the service, contain copyrighted contents and materials to which notafina and/or its licensors are entitled and which are protected by the applicable laws for the protection of intellectual property (including Copyright Act) and other laws. The customer is not entitled to use such protected contents or materials in any way except for the use of the products of notafina according to these General Terms and Conditions. No part of the service must be reproduced in any form or by any means, unless expressly permitted in these General Terms and Conditions. The customer must not edit, rent, lend, sell, distribute the service nor produce derived works based on the service, and he/she must not use the service in an inadmissible manner, particularly not by hacking into the server of notafina or by straining network capacities. (2) Irrespective of other provisions in these General Terms and Conditions, notafina and its licensors reserve the right to change, temporarily discontinue or remove, without prior notice, the products, contents or other materials offered via this service, or disable the access to them. In no case shall notafina be held responsible for such changes. Furthermore, notafina can impose restrictions on the use of and the access to certain functions or parts of the service without cause and without notification or liability. The removal of contents from the service has no impact on products already purchased by the customer. (3) notafina and its licensors are entitled to the copyright of the service, including the right to compile contents, articles, links to other Internet sources and descriptions of such sources. The use of any parts of the service, except for the use of the service as permitted herein, is strictly forbidden and represents an infringement of the intellectual property rights of others and can lead to civil-law or criminal-law consequences, including possible obligations to pay damages because of the infringement of copyrights. (4) notafina, the notafina logo, graphics and logos used in connection with the service are brands or registered trademarks of notafina. Other trademarks, service marks, graphics and logos used in connection with the service may be trademarks of other right holders. The customer is not granted any rights and licences regarding the aforementioned trademarks and their use.
Art. 12 Customer's right of withdrawal (1) The customer is entitled to withdraw from his/her purchase, free of charge and without giving reasons, until the time at which the delivery of the product has begun. The customer is no longer entitled to withdraw from a purchase when the delivery of the product has begun already. At this time, the purchase will be deemed to be final. The provision of the service by notafina begins when the customer begins to download the product. When the provision of the service has begun, the customer shall no longer be entitled to withdraw from his contract, unless he/she has not received any download or received an unacceptably poor download. In such case the customer has to notify notafina at email@example.com immediately. If notafina is responsible for the poor or unsuccessful download and if the problem cannot be solved, the customer may receive a refund of the purchase price. (2) The right of withdrawal from the download of sheet music, e-books and audio recordings does not exist according to Art. 312d, paragr. 4, No. 1 German Civil Code since they cannot be returned without any remaining traces due to the possibility of further use of a copy and thus are not suited for a return due to their nature as computer files. (3) The customer is given sufficient opportunities to test the products for his/her personal benefit and pleasure by means of previews and audio samples so that non-satisfaction as reason for withdrawal is to be excluded.
Art. 13 Quality description By indicating the performance data or other descriptions of the products of notafina, even if they refer to DIN and/or other standards, notafina does not provide any guarantee on the quality of the notafina products.
Art. 14 Liability of notafina (1) In the case of intent or gross negligence as well as in the case of absence of a guaranteed quality, notafina shall be fully liable for all damages resulting therefrom. (2) In the case of slight negligence, notafina shall be fully liable in the case of injury to life, body or health. If notafina is in default due to slight negligence, if performance has become impossible or if notafina has failed to perform an essential duty, the liability for property damage and financial losses resulting therefrom shall be limited to the foreseeable damages typical of the contract. An essential duty is defined as a duty the performance of which makes it possible to duly execute the contract, the non-performance of which endangers the attainment of the purpose of contract and the performance of which the customer must be able to rely on. (3) In the case of slight negligence, notafina shall be liable for any loss of data under the conditions and to the extent of (2) only if the customer backs up his/her data in a suitable form in application-related intervals in order that they can be recovered with justifiable effort. (4) The liability for all other damages is excluded, particularly for the loss of data or hardware problems caused by incompatibility of the components installed on the customer's computer system with the new hardware and software or with the hardware and software to be changed, as well for system failures that may be caused by existing misconfiguration or older interfering drivers which have not been completely uninstalled. The liability according to the provisions of the Product Liability Law shall remain unaffected.
Art. 15 Data privacy (1) All customers' personal information will be treated confidentially. Such information shall only be stored and processed to such an extent as permitted by the customer and in strict observance of relevant rules and regulations, such as the Federal Data Protection Act or the Information and Communication Service Act. The transfer of such information to third parties who are neither involved in the agreement of the contract and who are not affiliates of notafina, is prohibited. notafina shall be entitled to transfer customers' personal information to third parties for the purpose of credit checking and credit control as part of a data exchange. notafina shall also be entitled to transfer personal information to the SCHUFA, the General Credit Protection Agency in Germany. (2) The notafina web site uses Google Analytics, a web analysis service of Google Inc. ('Google').Google Analytics uses so-called 'cookies', text files which are stored on the customer's computer and allow the analysis of the customer's use of the website. The information generated by the cookie on the customer's use of this website (including the customer's IP address) is transmitted to a server of Google in the USA where it is stored. Google will use such information to analyze the customer's use of the website in order to compile reports on website activities for the website operators and to render other services relating to the website and Internet usage. Google may also transmit this information to third parties where required to do so by law or where such parties process this information on Google's behalf. Google will not associate the customer's IP address with any other data held by Google. The customer may prevent the installation of cookies by selecting the appropriate settings in the browser software; however, notafina points out that in such case the customer may not be able to make full use of all the functions of the website of notafina. By using this website, the customers agree to the processing of the data collected about him/her by Google in the manner described above and for the aforementioned purposes.
Art. 16 Other stipulations (1) notafina reserves the right to change these General Terms and Conditions at any time and subject the use of the products to new or other terms of contract. Such changes and further terms of contract shall be brought to the customers' knowledge, take immediate effect and form then part of these General Terms and Conditions. In case the customer opposes the changes of the General Terms and Conditions, notafina can terminate these General Terms and Conditions with the customer. (2) These General Terms and Conditions shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods as well as of the conflict rules of International Private Law. (3) The invalidity or nullity of any provision of these General Terms and Conditions shall not affect the validity of the remaining provisions. The invalid provision has to be replaced by a provision which comes closest to the economic meaning and purpose of this Agreement. In case of doubt, the invalid provision shall be regarded as replaced by such an agreement.