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General Terms of Business

TangoTunes GmbH Online-Store (Austria)
Version 1.1 English, Dated: April 2013

§ 1 Area of applicability

§ 1.1. TangoTunes GmbH, Wigandgasse 39, 1190 Vienna operates an online store at the Internet address www.tangotunes.com with a product catalogue of music files (hereafter called „music files“). Users (hereafter called „customers“) can use the online store to research the offered products and purchase files for private use against payment. The music files are only offered for download.

§ 1.2. TangoTunes GmbH is registered at the Commercial Court Vienna (FN 28111a) and represented by the manager Christian Xell.

§ 1.3. The general business terms are applicable for all contracts that TangoTunes GmbH concludes with customers in the framework of this online store or otherwise. Our conditions are applicable to all types of ordering processes, thus for personal, written and Internet orders. The general terms of business are valid in the respectively most recent version.

§ 1.4. Deviating agreements require written form. When placing an order, the customer agrees with these general terms of business and is agreed to be bound by them.

§ 1.5. The contract language is German or English. All other information, customer service and complaint management is also handled and performed in German or English language.

§ 1.6. For customers of the website in Spanish, Italian and French: If customers conclude a purchase contract with TangoTunes GmbH in another language than German they agree to enact any correspondence with TangoTunes beyond the contract conclusion (purchase) with TangoTunes in German or English.

§ 1.7. The customer must be in possession of adequate hardware (computer) and software (Browser, music programs) and have access to electronic services and media (Internet) at own costs and risk in order to be able to use the services of TangoTunes GmbH. If the technical standards in the Internet or with the service provider TangoTunes GmbH change, the customer shall adapt to these changes at own cost.

§ 2 Utilization requirements

§ 2.1. Only customers of legal age can be contract partners. If a customer of legal age enables a person not yet of legal age to conclude a contract over his access data (password, account information), the customer of legal age is contract partner, not the person not yet of legal age.

§ 2.2. The customer identifies himself by his provided email address. All communication with TangoTunes GmbH is based on the identification by this email address.

§ 3 Contract conclusion

§ 3.1. Contracts that are concluded in the framework of the online store are concluded with TangoTunes GmbH:
TangoTunes GmbH
Wigandgasse 39, 1190 Vienna
FN 28111a, registered at the Commercial Court Vienna
Manager: Christian Xell
UID: ATU62795489

In case of questions, wishes or complaints please send a mail to office@tangotunes.com. Emails are usually answered within 24 hours on workdays.

§ 3.2. The customer can choose from the offer in the online store and place the respective product in the virtual shopping cart by clicking the button „Place in shopping cart“. This process is not binding and does not pose to be a contract offer. Prior to placing the order the content of the order including the customer data is summarized on an overview page, the so-called „checkout“-page. On this „checkout“-page the customer supplements all data necessary to perform the contract and confirms the acknowledgement of the General Terms of Business and the data protection regulation. These General Terms of Business and the data protection declaration can be retrieved via a corresponding link during the order process and on the website of our online store anytime (www.tangotunes.com/agb, www.tangotunes.com/datenschutz).

§ 3.3. By clicking the button „Complete order“ the customer places a binding offer for concluding a purchase contract with TangoTunes GmbH. Up to clicking this button the customer can modify the order and the data provided for the order anytime. After clicking the button „Complete order“ TangoTunes GmbH checks the processing of payment and availability of the goods. After positive inspection the service provider TangoTunes GmbH sends the customer a download link via email. With the delivery of the goods, meaning with the sending of the ordered download link via email, the contract is concluded.

§ 3.4. After receiving the download link, the customer can download the order. Registered customers additionally have access to the download links via their personal user account in the online store.

§ 4 Registration, Identification

§ 4.1. Customers must register in order to be able to purchase music files in the online store of TangoTunes. Registration on the website is possible anytime, at the latest however during the checkout process. Registration is done via email address and password. After registration the customer has access to an own online user account, in which he can view his orders and downloads and can modify his personal information. Upon request of the customer all data can be deleted from our system anytime.

§ 4.2. Registered customers receive the download links sent to the email address they indicated and additionally receive on online user account in which the orders and downloads can be viewed and retrieved. The customer is able to modify personal information himself in his online user account.

§ 5 Data protection regulation

Please see the detailed data protection declaration (retrievable at www.tangotunes.com/datenschutz) for data protection regulations.

§ 6 Prices, delivery

§ 6.1. All prices that are stated for the products in the online store are indicated in Euro and include the legal sales tax. In general this purchase price is deemed as agreed for the ordered goods as it is displayed on the website in Euro. For contract conclusion, the purchase price at the time of purchase is decisive. If the price is displayed in a different currency than Euro, calculation is done according to the current exchange rate. The exchange rates are updated on a weekly basis. If differences occur in the course of currency conversion they are billed to the account of the customer. TangoTunes is not liable for possible currency exchange rate fluctuations that may occur between the order and the calculation, as may be possible when using credit cards. All expenses that may occur to the customer due to his financing are solely to be paid by the customer.

§ 6.2. The prices are valid as of the day of publication until revocation. With the publication of new prices all previous offers lose their validity.

§ 6.3. The stated prices do not include the online costs that accrue with the respective internet service provider, in particular regarding the download time.

§ 6.4. The transfer of the product is only done in form of the transfer of a link with which the customer can start the download of the ordered product. This link is sent to the customer via email and is also available via the personal user account online. Via this link the music files are downloaded directly (into the folder preset by the customer in the browser).

§ 6.5. The TangoTunes online store runs in real-time and is updated consistently. Still, it may happen that a product cannot be delivered for different reasons. In this case the customer will receive a message from TangoTunes GmbH and upon request the purchase price is reimbursed. In case of typing or calculating errors TangoTunes GmbH is also authorized to withdraw from the purchase contract.

§ 7 Payment methods

§ 7.1. TangoTunes GmbH reserves the right to allow further orders only if the customer account is balanced, meaning that there are no more invoices open.

§ 7.2. There are the following payment methods available for orders in the online store at the moment: PayPal Standard, credit card, voucher.

§ 7.3. PayPal: For payment with PayPal the customer requires an active PayPal-account (www.paypal.com). Payment with PayPal enables payment via credit card and bank transfer. In case of payment with PayPal the customer is forwarded to the external PayPal-page and confirms his payment there. After that he is led back to the online store of TangoTunes GmbH and can complete his order there.

§ 7.4. Credit card (starting 2017): TangoTunes GmbH accepts payment with the following credit cards: VISA, Mastercard, AmericanExpress. The credit cards information is transferred via an encoded SSL-connection.

§ 7.5. Voucher: A voucher can only be redeemed once in the framework of an order and in case of free of charge campaign vouchers only to the indicated date. The order value must correspond at least to the amount of the voucher, a remaining credit of a voucher is not reimbursed. If the credit of a voucher is not sufficient for an order, the difference can be balanced with the indicated payment method. Subsequent offsetting of a voucher in the online store is not possible, the voucher code must be entered during the order process in the shopping cart. § 8 Transfer of risk § 8.1. The risk of accidental loss and accidental deterioration is transferred to the customer with sending the link for the download.

§ 8.2. The customer is obliged to inform the service provider TangoTunes GmbH immediately if the download was performed incompletely or with defects.

§ 9 Right of withdrawal

// Cancellation policy //

§ 9.1. The customer has the legal cancellation right. It states that the customer may withdraw the contract declaration without statement of reasons in text form. Due to their condition, the products of TangoTunes GmbH are not adequate for a return: Requirement for a cancellation is always that the purchased music files were not downloaded. The term commences with the receipt of the products by the recipient. Timely dispatch of the cancellation is sufficient to maintain the right of cancellation. The cancellation shall be addressed via letter or email to:

Via mail:
TangoTunes GmbH
Wigandgasse 39
1190 Vienna
AUSTRIA

Via email:
sales@tangotunes.com

Legal cancellation terms in distance sales:

  • 7 workdays: Austria, Belgium, Ireland, Lithuania, Luxembourg, the Netherlands, Slovakia, Spain, United Kingdom
  • 8 workdays: Hungary
  • 10 days: Poland
  • 10 workdays: Greece, Italy
  • 14 days: Cyprus, the Czech republic, Denmark, Estonia, Finland, Germany, Portugal, Sweden, Latvia
  • 15 days: Malta, Slovenia
  • Currently no legal right of cancellation: Switzerland

§ 9.2. Consequences of cancellation: In case of effective cancellation the purchase price is reimbursed.

// End of the cancellation policy //

§ 10 Liability and warranty

§ 10.1. TangoTunes GmbH does not guarantee a certain quality of the music files. The offered music files are only sold in the existing sound quality. The customer is not entitled to a certain music quality or certain sound processing.

§ 10.2. The music files are offered in two different formats. The formats differ in their data compression and the extent of their sound processing. TangoTunes GmbH does not guarantee a certain data quality.

§ 10.3. Utilization of the offer is done at own risk of the customer. The offer is made in the design deemed respectively adequate by TangoTunes GmbH and with the reservation of availability.

§ 10.4. TangoTunes GmbH does not guarantee that the product offer corresponds to the requirement of the customer and is available at all times, in a timely manner, securely and without errors. TangoTunes GmbH does not assume any liability for the consistent fault free operation of the hardware and software used for the offer or that possible errors in the hardware or software are corrected.

§ 10.5. Downloading or other receipt of content in association with the offer is done at the risk of the customer. The customer is solely responsible for damages to his computer system or other used technical devices, for data loss or other damages due to the download or other transactions in association with the offer.

§ 11 Prelistening Audiostream (audio samples)

§ 11.1. The website includes snippets of approx. 30 seconds for the products as audio samples. The titles that can be listened to are accordingly marked. Sampling is done free of charge and without any obligation. These audio samples are only a display of content of the music file and are not a reference for the quality of the music file.

§ 12 Copyright

§ 12.1. Some of the offered products are protected by copyright or other protective laws. The customer hereby expressly acknowledges the existence of these rights. In the framework of this offer the customer acquires the simple, non-transferrable right to use the offered titles only for personal use in the respectively offered manner.

§ 13 Retention of title, utilization rights

§ 13.1. The products remain property of TangoTunes GmbH up to full payment.

§ 13.2. The music files are solely intended for private usage. The customer is not allowed to modify the products in any way, or to use modified versions, to copy the products for third parties, make them accessible or forward them, imitate them, resell them or to use them for commercial purposes. A transfer of the rights to third parties is expressly excluded. TangoTunes GmbH does not assume any liability for damages that arise from the transfer and utilization of the music files. The transfer of right was done with the completion of the download, pending the full payment of the purchase price.

§ 13.3. Special agreements are applicable for „Tango-DJs“, who use the music files to play them at Tango events (Milongas, Festivals). They are expressly allowed to process and play the music files, but not to transfer them or the rights.

§ 13.4. The customer shall inform TangoTunes GmbH of accesses of third parties to the goods under reservation immediately after discovery. The customer is liable for all costs that occur with the elimination of such accesses, in particular by filing a third party motion to vacat, insofar the reimbursement of the costs cannot be collected from the involved third party.

§ 13.5. TangoTunes GmbH will be held harmless in respect to any type of declared violations of these property and utilization right regulations to the causers. This is particularly applicable to lost sales, profit and damage to reputation, fraud and violation of rights. TangoTunes GmbH will exploit every legal remedy to prevent misuse of its products. This particularly also refers to personal damage compensations to the causer. An amount of EUR 720,00 per music file will be billed per discovery of sharing independent of further cases of holding harmless. This applies to every form of illegal transfer.

§ 14 Website

§ 14.1. The information on the website www.tangotunes.com is brought together by TangoTunes GmbH with greatest diligence. Still, no guarantee is assumed for the correctness and completeness. Any liability for possible damages in association with the usage of the information offer of this website is expressly excluded. TangoTunes GmbH expressly distances itself from content of other linked websites and declares that it has not appropriated its content.

§ 15 Applicable law and place of jurisdiction

§ 15.1. All agreements according to these General Terms of Business and the entire legal relationships between TangoTunes GmbH and its contract partners are subject to the law of the Federal Republic of Austria alone with exclusion of the UN Convention on the International sale of goods (CISG). This governing law is only applicable to a consumer as this does not restrict any mandatory legal regulations of the state in which he is resident in or has his habitual place of residence. If the customer is not consumer, place of jurisdiction shall be Vienna.

§ 15.2. The respectively competent court at the residence of TangoTunes GmbH shall be solely responsible for disputes. If the customer is consumer in the sense of KSchG, the competence of that court is deemed as justified in whose district the residence or the habitual place of residence or the place of labor of the customer is registered. If several options are available, the location closest to the place of jurisdiction Vienna is deemed as agreed.

§ 15.3. Place of jurisdiction and place of fulfillment of the contract is the residence of TangoTunes GmbH.

§ 16 Severability Clause

§ 16.1. If individual regulations of these General Terms of Business be wholly or partially ineffective or impossible due to mandatory legal regulations (in particular the regulations of the KSchG) this shall not have influence on the effectiveness of the remaining regulations. The ineffective or impossible regulation is replaced with effective or possible regulations that are as similar to the ineffective or impossible regulation in its commercial purpose as possible.

§ 17 Providers identification, physical mailing address, information obligations

The address for complaints is:

TangoTunes GmbH
Wigandgasse 39
1190 Vienna
Austria
Telephone: +43 664 159 95 50
E-Mail: office@tangotunes.com

Represented by Manager Christian Xell
Commercial Register FN 281112a
Registered at the Commercial Court Vienna
Place of jurisdiction: Vienna
SALES TAX-ID-NUMBER: AUT 18512939

Please address inquiries, data information and complaints to office@tangotunes.com.