Terms of service
General Terms and Conditions (GTC)
for purchases from the web shop of
Drum Score Prototype System / Syncopina e.K.
1. Scope of application, validity, guest use, registration as customer
1.1 For the business relationship between us, Drum Score Prototype System / Syncopina e.K., Stresemannstr. 280, 22769 Hamburg, Germany, registered at the register court Amtsgericht Hamburg: HRA 127 172 (hereinafter “Provider” or ‘we’) and you (also referred to as ‘customer’ or ‘you’) are subject exclusively to the following terms and conditions, which the customer accepts in full in the version valid at the time of the transaction. Any general terms and conditions of the customer that may differ from these are not recognized unless the provider expressly agrees to their validity in writing. These terms and conditions are available on our website at all times.
1.2 The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed to his/her commercial or self-employed professional activity. By contrast, an entrepreneur is any natural or legal person or partnership with legal capacity that acts in the course of a commercial or self-employed professional activity when concluding the contract.
1.3 You can use our webshop either as a guest or as a registered customer. There is no entitlement to use the shop.
- Guest:
When using the shop as a guest, you have to temporarily store the data required for the purchase and shipping process, or enter it via the dialog box of your payment provider. The required data must be provided completely and truthfully. After the corresponding processing, the data will be deleted.
- Registered customer:
Registration in our webshop is free of charge. You can register by electronically filling out the registration form on our website and sending it to us electronically. The data required for registration must be provided completely and truthfully. Your name must not violate the rights of third parties, other name or trademark rights, or common decency. You are obliged to keep your password secret. After successful registration, you can log in to your account. To log in, enter your email address and password. You can edit or delete your details at any time under “Account details” / “View address”. You are solely responsible for keeping your details up to date.
1.4 The only language available for concluding the contract is German. Any translations of these terms and conditions into other languages are provided for your information only. In the event of any differences between the language versions, the German text shall take precedence.
2. Offers, orders and conclusion of contract / no storage of the contract text
2.1 All our offers are always subject to change and non-binding. You can select various pieces of drum sheet music from our range, which have been created according to our Drum Score Prototype System, and add them to a so-called shopping cart by clicking the “Add to cart” button. To purchase the drum sheet music, first click on “View cart” or the relevant shopping cart symbol. By clicking the “Checkout” button, you begin the payment process. You must now first decide whether you want to check out as a registered customer or as a guest, or which payment method you want to use. To do this, you must either log in to your customer account as a registered customer, fill out the registration form or, as a guest, enter your buyer information in the web shop or via the dialog box of your payment provider. By clicking the button “Buy now” or - depending on the payment method - “Pay now” you finally submit a binding request to purchase the percussion sheet music in your shopping cart. Before submitting the order, you can view and change the data at any time. However, the application can only be submitted and transmitted if you accept these contractual conditions by clicking on the checkbox (confirmation with a check mark) in the shopping cart or in the shopping cart insert on the product pages “I agree to the privacy policy, the terms and conditions and the cancellation policy. In particular, I acknowledge that I will lose my right of withdrawal when the PDF sheet music downloads begin.” and that these contractual conditions are thereby included in your application. We will then send you an automatic confirmation of receipt by email in which your order is listed again. The automatic confirmation of receipt only documents that we have received your order and does not constitute acceptance of the application. The contract is only concluded when we issue a declaration of acceptance. This declaration usually takes place immediately, or at the latest within five days, either by sending a separate e-mail or by sending the ordered goods. Otherwise, no contract is concluded.
2.2 You can only place an order with us if you are of legal age.
2.3 We expressly reserve the right to make price changes, technical changes, errors, misprints or prior sale.
2.4 We do not store the contract text after the contract has been concluded. However, we will send you an e-mail after the contract has been concluded in which the essential data for the purchase of the drum sheet music is listed again or can be accessed via a link and the contract text or these terms and conditions / your right of withdrawal are included as attachments.
3. Prices
3.1 In our webshop, prices are shown in EUROS – or in the currency of your region – including any statutory VAT, without discount or other deductions. The prices at the time of purchase apply. Any customary local taxes, etc. are to be borne by you.
3.2 You will receive an e-mail with a button to “Download invoice”. The invoice itself is not sent automatically. You can continue to access the invoice at a later date.
4. Payment
4.1 Payment is due immediately upon conclusion of the contract and is to be paid net without discounts or other deductions, unless another payment method is expressly agreed in writing.
4.2 If the due date of the payment is determined by the calendar, you will be in default as soon as you miss the deadline. In the event of default, we are entitled to charge default interest at a rate of 5 percentage points above the base interest rate p.a. announced by the European Central Bank if you are a consumer or at a rate of 9 percentage points above the base interest rate p.a. if you are a merchant. Further claims for damages remain unaffected.
4.3 Payment options: You can pay with PayPal, credit card, Klarna, Google Pay, Apple Pay and Shop Pay. For certain payment options, you need a corresponding account there. Please note the respective terms of use and data protection regulations of the payment service providers.
5. Retention of title
Each purchase is subject to payment. Any ownership or rights shall not pass to you until full payment has been made. Until this time, the goods may not be resold, pledged, transferred by way of security or encumbered with any other rights.
6. Provision of the purchased drum scores
6.1 After the payment process has been completed, we will make the drum scores available for you to download in PDF format in our webshop; for this purpose, you will receive an e-mail with the corresponding link to the download page, where you will find the “Download now” button. You can open, save and, if necessary, print the PDF document in your browser or on your device using a PDF reader, which is available for free online. The option to re-download purchased drum sheet music is a voluntary service that we can limit (e.g. to a total of 3 downloads per purchase) or terminate at any time. We therefore reserve the right to change, interrupt, discontinue, or delete the option to download data again at any time, either temporarily or permanently. This applies in particular if there is an important reason to remove the drum scores from the webshop, especially in the event of licenses expiring or disputes about possible legal violations by the drum scores. For the avoidance of doubt: The option of deletion does not apply to drum scores that are already stored on the customer's device after the customer has downloaded them. Your warranty claims (see § 9) remain unaffected by this regulation.
6.2 If a download does not work, please contact us by email at trouble@drum-score-prototype-system.com and describe the issue, quoting the order number, product and date of purchase. We will then send you the drum sheet music by email. We have fulfilled our contractual obligations when the desired download has been completed and finished without errors.
7. Conditions of use
7.1. The provider does not transfer ownership of the drum sheet music to you as the customer. The drum sheet music may generally be subject to copyright protection. You agree to recognize and comply with any copyrights. You acquire a simple, non-transferable, revocable right to use the drum sheet music for your personal use until the license fee has been paid in full. Any further use is only permitted within the scope of and in compliance with Section 7.2 and the copyright limitations (Sections 44 a ff. UrhG).
7.2 The customer may copy the drum scores exclusively for their own personal use (i.e. use on any end device) or have them copied by a third party for this purpose, provided that the third party makes the copy free of charge. In all other respects, the transfer of the percussion sheet music is not permitted, nor is making it publicly available or forwarding it, posting it on the internet or in other network media, whether for a fee or free of charge, reselling it and/or using it in any other way for commercial purposes.
7.3 The percussion sheet music may not be changed by the customer in terms of content or editing, subject to any mandatory legal provisions to the contrary.
8. Right of withdrawal
As a consumer, you have a right of withdrawal in accordance with the following instructions. However, please note Section 8.3 (Expiration of the right of withdrawal)
8.1. Right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within fourteen (14) days without giving reasons. The withdrawal period will expire after fourteen (14) days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us
Drum Score Prototype System / Syncopina e.K.
ADDRESS: Syncopina e.K. / Stresemannstr. 268-280 / 22769 Hamburg / Germany
REGISTER COURT: Amtsgericht Hamburg / HRA 127 172
PHONE: +49 (0)40 3483 2454
E-MAIL: trouble@drum-score-prototype-system.com
of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or an e-mail). You can use the model withdrawal text here under 8.2. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than additional charges arising from your choosing a method of delivery other than the cheapest standard delivery offered by us), immediately and no later than fourteen (14) days from the date we receive notice of your revocation of this Agreement. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.
End of cancellation policy
8.2 Model cancellation text
We provide you with a model cancellation text in accordance with the legal regulation as follows. If you wish to cancel the contract and your right of cancellation has not already expired in accordance with Section 8.3, please complete the following text and send it to us:
To:
Syncopina e.K.
Stresemannstr. 268-280
22769 Hamburg
Germany
trouble@drum-score-prototype-system.com
Dear Sir or Madam,
I hereby revoke the contract I concluded for the online purchase of the following PDF sheet music: .................................... (song, Prototype variant, quantity, order number, price), ordered on .................................... (date).
Name of consumer
Address of consumer
E-mail address of consumer
Date
Signature of consumer (only for written notification)
8.3 Expiration of the right of withdrawal
There is no right of withdrawal after the start of the download of digitally provided content if
- you have previously expressly agreed that we may begin to execute the contract before the end of the withdrawal period and
- you have confirmed that you are aware that you will lose your right of withdrawal with the beginning of the execution of the download.
9. Warranty
9.1 The provider is liable for defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The warranty period for entrepreneurs is only 12 months.
9.2 An additional guarantee exists for the drum scores purchased from the provider only if this has been expressly stated in the order confirmation for the respective item.
10. Limitation of liability
10.1 Claims for damages by the customer are excluded. Exempt from this are claims for damages by the customer arising from injury to life, limb or health or from the violation of essential contractual obligations (cardinal obligations), as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, his legal representatives or vicarious agents. Material contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.
10.2 We shall only be liable for data loss during downloads to the extent of the recovery effort required if backup copies are available, unless we have acted with intent or gross negligence.
10.3 In the event of a breach of material contractual obligations, the provider shall only be liable for the contractually typical, foreseeable damage if this was caused by simple negligence, unless the customer's claims for damages arise from injury to life, limb or health.
10.4 The restrictions of sections 10.1/.2/.3 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
10.5 The limitations of liability resulting from sections 10.1/.2/.3 do not apply if the provider has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies if the provider and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act remain unaffected.
11. Data protection
You can find our data protection declaration here.
12. Choice of law / place of jurisdiction
12.1 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, if
(a) you have your habitual residence in Germany, or
(b) your habitual residence is in a state that is not a member of the European Union.
12.2 In the event that you have your habitual residence in a member state of the European Union, German law shall also apply, whereby mandatory provisions of the state in which you have your habitual residence shall remain unaffected.
12.3 If you had your domicile or habitual residence in Germany when the contract was concluded and either moved out of Germany at the time we filed the action or your domicile or habitual residence is unknown at that time, the place of jurisdiction for all disputes shall be the registered office of our company in Hamburg.
13. Information on alternative dispute resolution
EU platform for out-of-court online dispute resolution. However, we are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
14. Severability Clause
Should any of the provisions of this contract be invalid, the validity of the remaining provisions shall not be affected.
As of: October 2024