The website www.distantdrummer.de is the online shop of Distant Drummer Publications. For the business relationship between Distant Drummer Publications (hereinafter “we“) and our customer (hereinafter “you”), only the general terms and conditions in the version valid at the time of the order apply. We do not recognize deviating conditions unless we expressly agree to them in writing. By placing an order, regardless of the form, you accept these general terms and conditions.
The following terms and conditions apply to all items on the Distant Drummer website. The contract is made in English.
§ 2 Conclusion of Contract
Distant Drummer is your contractual partner for all orders on this website. The order you make represents an offer to conclude a purchase contract. When you place an order, we will send you an order confirmation by email, which states the details of your order. This order confirmation should only inform you of the receipt of your order and does not correspond to an acceptance of the offer to conclude a purchase contract. A purchase contract is only concluded when the order is sent to you. Ebooks are sent to your specified email address.
§ 3 Prices; Terms of Payment
The prices are gross prices including the legally applicable value added tax. We are always obliged to calculate the currently applicable VAT rate.
In addition to the net price, the prices for additional services such as Shipping, packaging, processing fee etc. as well as the VAT rate applicable at the time of invoicing are shown.
When ordering the prices stated in the checkout apply.
We offer payment via PayPal on our website. The provider of this payment service is PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. (hereinafter “PayPal”).
The payment data you entered will be sent to PayPal. Your data will be transmitted to PayPal on the basis of Art. 6 Para. 1 lit. a GDPR (in German DSGVO) (consent) and Art. 6 para. 1 lit. b GDPR (in German DSGVO) (processing to fulfill a contract). You have the option to revoke your consent to data processing at any time. A revocation does not affect the effectiveness of past data processing operations.
Distant Drummer can only accept payment methods offered in the respective order.
§ 4 Delivery of Ebooks
After we receive your payment we personalize the ebook you purchased by ‘stamping’ it (see § 6) and sent to your specified email address within 24 hours.
§ 5 Copyright and Stamping of Ebooks
Ebooks distributed by Distant Drummer are copyright protected by “Act on Copyright and Related Rights“ of Germany (Urheberrechtsgesetz – UrhG). You agree to recognize and comply with the copyright.
(1) After you have acquired an ebook from Distant Drummer, we personalize it with your name (first name and last name) or email address. That so called stamping is a copyright protection. In case of misuse in compliance with legal requirements, the identification and tracking of the original user is possible. These PDF Stamps may not be removed from the ebook.
(2) You are allowed to download the ebook to your device and transfer it to up to five of your different devices. The downloaded ebook can be stored on your individual devices and made visible on the devices as often as you like. Any further use is only permitted within the framework of and in compliance with the copyright provisions applicable in Germany (§§ 44 a ff. UrhG).
(3) You are not allowed to share the ebook with third parties, nor to make available on the internet, to resell or to use for commercial purposes. The copying of the ebooks is only permitted for private purposes and only in the form of excerpts.
(4) For journalistic purposes, the copying and sharing of excerpts is only allowed if the author and publisher are sufficiently mentioned.
§ 6Download and Use Ebooks
The ebook can be opened and read with the free Adobe Acrobat Reader, available for download here: https://adobereader.download/
Distant Drummer is not responsible for any errors that occur during the download of the ebook, caused by the software or hardware used by the user or based on the restriction of compatibility.
§ 7 Delivery; Availability of Physical Items
The physical item is sent to your billing address or shipping address (if different from the billing address) within the period of time and for shipping prices as mentioned in Shipping.
(1) In case a physical item that has been ordered is not or no longer available at the time the order is received or we are unable to deliver the item, we inform you by email within 24hours and offer you to acquire a similar item. If you don’t reply to this email in the following three days we can withdraw from the contract and refund the payment that you have made in a period of 1-3 days.
§ 8 Copyright of Physical Items of Art Work
Physical items of all art work distributed by Distant Drummer are copyright protected by “Act on Copyright and Related Rights“ of Germany (Urheberrechtsgesetz – UrhG). You agree to recognize and comply with the copyright. You are not allowed to reproduce the art work in any form, sell it or make it available in any form.
§ 9 Retention of Title
The acquired items remain the property of Distant Drummer until full payment.
§ 10 Cancellation Policy and Right of Revocation
Since all items available at Distant Drummer are items of intellectual property, they are excluded from exchange and revocation. That applies to ebooks as well as physical items.
(1) By providing the ebook to your specified email address, Distant Drummer fulfills the contract.
(2) After you or a third party named by you, who is not the carrier, has taken possession of the physical item of art work, Distant Drummer fulfills the contract.
§ 11 Choice of Law
The law of the Federal Republic of Germany applies in the legal relationship between you and Distant Drummer and in the respective terms and conditions.
The application of the UN Convention on Contracts for the International Sale of Goods of April 11, 1988 is excluded.
§ 12 Collection, Processing and Use of Personal Customer Information
Your order data (name, first name, address, email address, transaction ID, item name) will be stored after conclusion of the contract. The data provided is treated in accordance with the provisions of the Federal Data Protection Act (Bundesdatenschutzgesetz) and the Teleservices Data Act (Teledienstdatengesetzes) of Germany.
§ 14 Alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr.
We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
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