General Terms and Conditions

Scope of application
Conclusion of contract
Right of withdrawal
Prices and terms of payment
Delivery and shipping conditions
Granting of rights of use for digital content
Retention of title
Liability for defects (warranty)
Redemption of promotional vouchers
Applicable law
Place of jurisdiction
Alternative dispute resolution

1. scope of application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts for the delivery of goods offered by BEFORE EIGHT Group GmbH (hereinafter referred to as "Seller") in its online store and concluded between the Seller and a consumer or entrepreneur (hereinafter referred to as "Customer"). The inclusion of any of the Customer's own terms and conditions is hereby rejected, unless expressly agreed otherwise.

1.2 For contracts relating to the delivery of physical data carriers and which serve exclusively as carriers of digital content, these GTC shall apply accordingly, unless otherwise agreed. Digital content within the meaning of these GTC is understood to be data that is created and made available in digital form.

1.3 These GTC also apply accordingly to contracts for the sale of tickets, unless expressly stated otherwise. In this case, the GTC only regulate the sale of tickets for certain events, as described in more detail in the seller's item description, and not the performance of these events. Only the statutory provisions in the relationship between the participant and the organizer, as well as any deviating conditions of the organizer, apply to the implementation of the events. If the seller is not also the organizer, he is not liable for the proper execution of the event, as this responsibility lies solely with the respective organizer.

1.4 These GTC apply accordingly to contracts relating to the provision of digital content, unless otherwise agreed. Digital content is data that is created and made available in digital form.

1.5 Unless otherwise agreed, these GTC apply accordingly to contracts for the provision of digital services. Digital services include services in connection with digital online marketing measures and digital music promotion measures provided by the seller to the customer.

1.6 A consumer within the meaning of these GTC is any natural person who concludes the legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity.

1.7 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that concludes the legal transaction in the exercise of its commercial or independent professional activity.

1.8 Depending on the information provided by the seller, the subject matter of the contract may include both the one-off provision of digital content and digital services and the regular purchase of digital content and digital services (hereinafter "subscription contract"). In the case of a subscription contract, the seller undertakes to provide the customer with the contractually agreed digital content for the duration of the specified contract term at the agreed time intervals.

2. conclusion of contract

2.1 The product descriptions in the seller's online store do not constitute binding offers, but merely serve as an invitation to the customer to submit a binding offer.

2.2 The customer can submit his offer via the integrated online order form in the seller's online store. The customer places the selected goods in the virtual shopping cart and completes the electronic ordering process by clicking the "Buy now" button. By doing so, the customer submits a legally binding contract offer for the goods contained in the shopping cart. Alternatively, the customer can also submit the offer to the seller by e-mail, via the online contact form or by telephone. The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function. This automatic confirmation of receipt merely represents receipt of the order by the seller and does not constitute acceptance of the offer.

2.3 The seller may accept the customer's offer within ten days by:

sends a written order confirmation/order confirmation or an order confirmation in text form (e-mail) to the customer, whereby the receipt of the order confirmation by the customer is decisive, or
delivers the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
asks the customer to pay after he has placed his order.
The service begins with

If several of the above alternatives exist, the contract is concluded at the time at which one of the above alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day after the offer is sent. If the seller does not accept the customer's offer within this period, this shall be deemed a rejection of the offer and the customer shall no longer be bound by his declaration of intent.

2.4 If a payment method is selected via PayPal, payment shall be processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects a payment method offered by PayPal in the online order process, the seller accepts the customer's offer at the moment the customer clicks the button that completes the order process.

2.5 The text of the contract is stored by the seller after conclusion of the contract and sent to the customer in text form (e.g. by email or telephone). No further access to the contract text is provided by the seller. The contract text (consisting of the order, GTC and order confirmation) is sent to the customer in an e-mail or upon delivery of the goods on a permanent data carrier (e-mail or paper printout) (contract confirmation). If the customer has set up a user account in the seller's online store prior to sending his order, the order data will be archived there and can be accessed by the customer free of charge via his password-protected user account by entering his login data.

2.6 Before submitting a binding order via the seller's online order form, the customer can recognize any input errors by carefully reading the information displayed on the screen. An effective technical means of better recognizing input errors can be the browser's magnification function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click on the button that completes the ordering process.

2.7 The language of the contract may be either German or English.

2.8 Order processing and contact shall take place by e-mail and/or automated order processing. The customer is responsible for ensuring that the e-mail address provided by him for order processing is correct so that he can receive e-mails from the seller. In particular, the customer must ensure that e-mails sent by the seller or third parties commissioned by the seller can be delivered if SPAM filters are used.

2.9 Cancellation

2.9.1 General reasons for cancellation:

Please note that the seller reserves the right to cancel an order even after payment has been made if there are circumstances that make it impossible or impractical to execute the order. These circumstances include in particular

The unavailability of the ordered goods,
Inconsistencies or errors in the product information,
Significant deviations in pricing,
Restrictions by third-party providers,

Significant seasonal or territorial fluctuations in pricing that result in the service to be provided not meeting expectations.

2.9.2 Specific reasons for canceling services include, for example, if

The song does not meet the requirements or standards of the distribution network or platform, for example if cultural, thematic or media specifications are not met.
promotion or execution of the service is hindered or made impossible by specifications or restrictions of third-party providers, for example if content is not permitted due to platform guidelines (such as explicit depictions or specific topics).
The costs of services vary considerably due to seasonal fluctuations or special market conditions, which affects their profitability.

2.9.3 Refunds and obligations in the event of cancellation: In the event of cancellation, the amount already paid will be refunded to the customer. If part of the budget has already been spent, the refund will only be made for the amount not yet spent. In such cases, the seller is under no obligation to deliver the goods or services. Likewise, the customer is not entitled to compensation.

3. right of withdrawal

3.1 The following applies to entrepreneurs (natural or legal persons or partnerships with legal capacity acting in the exercise of their independent professional or commercial activity when concluding a legal transaction): The right of withdrawal is excluded.

3.2 Consumers (any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity) have a statutory right of withdrawal in accordance with the withdrawal policy. Consumers have a statutory right of withdrawal when concluding a distance selling transaction, whereby the consumer bears the costs of returning the goods. The exceptions to the right of withdrawal are regulated in sections 3.4 and 3.5. A sample withdrawal form can be found in section 3.6.

3.3 Cancellation policy

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.

To exercise your right of withdrawal, you must send us...

Enter the name of the entrepreneur, address, telephone number and e-mail address

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory. You can also electronically complete and submit the sample withdrawal form or another clear declaration on our website(https://shop.beforeeight.com/widerruf/). If you make use of this option, we will immediately send you a confirmation of receipt of such a revocation (e.g. by e-mail).

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of revocation

If you exercise your right of withdrawal, we are obliged to refund all payments we have received from you, including delivery costs (except for additional costs incurred by a delivery method not offered by us), immediately and at the latest within fourteen days from the date of notification of withdrawal from this contract. For the repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees for this repayment.

We may refuse to refund you 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 immediately and at the latest within fourteen days from the day on which you informed us of the revocation of this contract. The deadline is met if you send the goods before the end of the fourteen-day period.

You shall bear the direct costs of returning the goods.

You are only liable for any loss in value of the goods if this loss in value is due to handling of the goods which was not necessary to check the condition, properties and functionality of the goods.

3.4 The right of withdrawal does not apply to contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.

3.5 Unless otherwise agreed, there is no right of withdrawal for contracts relating to services in connection with leisure activities where the contract specifies a specific time or period for performance. Similarly, the right of withdrawal does not apply to contracts relating to the sale of tickets for leisure events with a fixed date.

3.6

Sample withdrawal form

(Complete and return this form if you wish to withdraw from the contract).

- To [insert name, address and, if applicable, e-mail address of the entrepreneur]:

- I/we () hereby revoke the contract concluded by me/us () for the purchase of the following goods ()/the provision of the following service ()

- Ordered on ()/received on () - Name of the consumer(s) - Address of the consumer(s) - Signature of the consumer(s) (only for notification on paper) - Date

(*) Delete as appropriate

4 Prices and terms of payment

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 The available payment options are communicated to the customer in the seller's online store.

4.3 If advance payment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed a later due date.

4.4 If a payment method is selected that is offered via the "PayPal" payment service, payment processing is carried out via PayPal, which can also use the services of third-party payment service providers. If the seller offers payment methods for which he makes advance payments to the customer (e.g. purchase on account or payment by installments), he assigns his payment claim to PayPal or the payment service provider commissioned by PayPal. Before accepting this assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check based on the customer data transmitted. If the result of the check is negative, the seller reserves the right to refuse the selected payment method. If the selected payment method is permitted, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, a debt-discharging payment is only possible to PayPal or the payment service provider commissioned by PayPal. However, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, revocation declarations and deliveries or credit notes, even in the event of the assignment of claims.

4.5 If you select the "SOFORT" payment method, the payment will be processed via the payment service provider SOFORT GmbH, with registered office at Theresienhöhe 12, 80339 Munich (hereinafter referred to as "SOFORT"). In order to pay the invoice amount using "SOFORT", you must have an activated online banking account that is enabled for the use of "SOFORT". During the payment process, you must authenticate yourself accordingly and confirm the payment instruction to "SOFORT". The actual payment transaction is made immediately afterwards by "SOFORT" and the corresponding amount is debited from your bank account. You can view further details on the "SOFORT" payment method on the Internet at https://www.klarna.com/sofort/.

4.6 If the customer selects a payment method that is offered via the payment service "Stripe", the payment is processed via the payment service provider Stripe Payments Europe Ltd, with registered office at 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). The available payment methods offered via Stripe are communicated to the customer in the seller's online store. For certain payments, Stripe may also use additional payment services, which may be subject to special payment terms and conditions of which the customer will be informed separately. Further information about Stripe can be found on the Internet at https://stripe.com/de.

4.7 If the customer selects the payment method "SEPA direct debit", the invoice amount shall be due after a SEPA direct debit mandate has been issued, but not before the expiry of the period for advance notification of payment. The direct debit will only be debited when the ordered goods leave the seller's warehouse, but not before the expiry of the pre-notification period. "Pre-notification" means any communication (e.g. invoice, policy, contract) from the seller to the customer announcing a debit by SEPA direct debit. If the direct debit is not honored for reasons such as insufficient funds or incorrect bank details, or if the customer objects to a debit without justification, the customer shall be obliged to bear the resulting fees for the chargeback by the respective bank, provided that the customer is responsible for this. The seller reserves the right to carry out a credit check when selecting the SEPA direct debit payment method and to reject this payment method if the credit check is negative.

4.8 If the customer selects the payment method "direct debit via Stripe", the payment is processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). In this case, Stripe collects the invoice amount from the customer's bank account on behalf of the seller after a SEPA direct debit mandate has been issued, but not before the deadline for advance notification has expired. "Advance information" here means any communication (e.g. invoice, policy, contract) to the customer announcing a debit by SEPA direct debit. If the direct debit is not honored for reasons such as insufficient funds in the account or incorrect bank details, or if the customer objects to a debit without justification, the customer shall be obliged to bear the resulting fees for the chargeback by the respective credit institution, insofar as the customer is responsible for this. The seller reserves the right to carry out a credit check when selecting the SEPA direct debit payment method and to reject this payment method if the credit check is negative.

4.9 If the customer selects the payment method "credit card via Stripe", the invoice amount is due immediately upon conclusion of the contract. Payment is processed by the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). Stripe reserves the right to carry out a credit check at its discretion and then to reject this payment method if the result of the credit check is negative.

4.10 If the customer selects a payment method that is offered via the payment service "Klarna", the payment is processed via Klarna Bank AB (publ) with registered office at Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter referred to as "Klarna"). Detailed information and Klarna's terms and conditions can be found in the seller's payment information, which can be viewed at the following Internet address: www.beforeeight.com/zahlungsinformationen

5. delivery and shipping conditions

5.1 If the seller offers to ship the goods, delivery shall be made within the delivery area specified by the seller to the delivery address specified by the customer, unless otherwise agreed. The delivery address provided by the customer during the ordering process is decisive for the processing of the transaction.

5.2 Should the delivery of the goods fail for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This provision does not apply to the costs of the return shipment if the customer makes effective use of his right of withdrawal. The regulations on the assumption of the return costs must be observed in accordance with the information in the seller's cancellation policy.

5.3 In the event that the Customer is acting in the capacity of an entrepreneur, responsibility for the unforeseeable loss or unintentional deterioration of the goods sold shall pass to the Customer as soon as the Seller hands over the goods to the carrier, freight forwarder or other competent party for shipment. However, if the customer is acting as a consumer, this responsibility is generally only transferred as soon as the goods have been handed over to the customer personally or to a person authorized to receive them. By way of derogation, in the case of consumers, responsibility for accidental loss or accidental deterioration of the goods may also pass to the customer as soon as the seller has handed over the goods to the carrier, freight forwarder or other person or institution responsible for the shipment, provided that the customer has instructed the carrier, freight forwarder or said institution to carry out the shipment and the seller has not previously informed the customer of this specific party.

5.4 The Seller reserves the right to withdraw from the contract if correct or proper self-delivery does not take place. This shall only apply if the Seller is not responsible for the non-delivery and has already concluded a specific covering transaction with the supplier, taking due care. The seller shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the customer shall be notified immediately and any consideration shall be refunded without delay.

5.5 For logistical reasons, self-collection is not possible.

5.6 Tickets are delivered to the customer as follows:

by e-mail

5.7 Digital content is delivered to the customer as follows:

by e-mail

6. granting of rights of use for digital content

6.1 Unless otherwise stated in the content description in the seller's online store, the customer is granted the non-exclusive right to use the content provided for both private and commercial purposes without restriction in terms of time or place.

6.2 The transfer of the content to third parties or the creation of copies for third parties outside the scope of these General Terms and Conditions is not permitted unless the seller has expressly agreed to such a transfer of the license to the third party.

6.3 In the case of a one-off provision of digital content, the granting of rights shall only become effective once the customer has paid the remuneration owed in full. However, the seller may provisionally permit the use of the content before this time. However, such provisional permission does not imply the transfer of rights to the customer.

6.4 If the customer provides the seller with materials such as sound recordings, artwork material (including covers and artist profiles) and texts in order to enable the seller's digital services (e.g. promotion of a sound recording), the customer grants the seller the non-exclusive right, unlimited in terms of time and space, to use these materials in the context of the contractually agreed services.

The customer guarantees that he has all necessary rights to the materials provided, including the artist names, in order to transfer these to the seller for use within the scope of the agreed services. The Customer warrants that the transfer of the necessary rights does not infringe any third-party rights. In this context, the customer shall indemnify the seller against all third-party claims asserted against the buyer due to a breach of the aforementioned obligations and warranties. This also includes the costs of the necessary legal defense of the seller, including all court and attorney's fees.

7. reservation of title

If the seller makes advance payment, it shall retain ownership of the delivered goods until the customer has paid the purchase price in full. As soon as the purchase price owed has been paid, ownership of the goods is transferred to the customer.

8. liability for defects (warranty)

8.1 Unless otherwise agreed below, the provisions of statutory liability for defects shall apply. Notwithstanding the above, the following shall apply to contracts for the delivery of goods:

8.2 If the customer is acting as an entrepreneur:

the seller has the choice of how to carry out the subsequent performance;
the limitation period for defects in new goods is one year from the date of delivery of the goods;
rights and claims due to defects in used goods are excluded;
a replacement delivery within the scope of liability for defects does not lead to a restart of the limitation period.

8.3 The above-mentioned limitations of liability and shortened deadlines do not apply:

for claims for damages and reimbursement of expenses by the customer;
if the seller has fraudulently concealed the defect;
for goods that have been used for a building in accordance with their normal use and have caused its defectiveness;
for any obligation of the seller to provide updates for digital products, in the case of contracts for the supply of goods with digital elements.

8.4 In addition, the statutory limitation periods for a possible statutory right of recourse shall remain unaffected for entrepreneurs.

8.5 If the customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), he is subject to the commercial obligation to inspect and give notice of defects in accordance with § 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

8.6 If the customer is acting as a consumer, he is requested to complain to the deliverer about goods with obvious transport damage and to inform the seller of this. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.

9. redemption of promotional vouchers

9.1 Promotional vouchers, which the seller issues free of charge and with a fixed period of validity as part of promotional campaigns, can only be redeemed during the specified period and exclusively in the seller's online store. These promotional vouchers cannot be purchased.

9.2 Certain products may be excluded from the voucher promotion if this is stated in the content of the promotional voucher.

9.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting or redemption is not permitted.

9.4 It is possible to redeem several promotional vouchers with one order.

9.5 The value of the goods ordered must be at least equal to the amount of the promotional voucher. Any remaining amounts will not be refunded by the seller.

9.6 If the value of the promotional voucher is not sufficient to pay for the order in full, the customer can pay the remaining difference using another payment method offered by the seller.

9.7 Promotional vouchers cannot be paid out in cash or earn interest.

9.8 If the customer returns goods that were paid for in whole or in part with a promotional voucher within the scope of their statutory right of withdrawal, the promotional voucher will not be refunded.

9.9 Promotional vouchers are only intended for use by the person named on the voucher. The promotional voucher may not be transferred to third parties. The seller is entitled, but not obliged, to check the eligibility of the respective voucher holder.

10 Applicable law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the provisions on the international purchase of movable goods. If the customer is a consumer, this choice of law shall only apply insofar as he is not deprived of protection by mandatory provisions of the law of his usual country of residence.

11. place of jurisdiction

If the customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. However, the seller is in any case entitled to appeal to the court at the customer's place of business.

12. alternative dispute resolution

12.1 The European Commission provides a platform for online dispute resolution, which you can find at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

12.2 The Seller does not participate in dispute resolution proceedings before a consumer arbitration board and is not obliged to do so.