Terms and Conditions

The German version is the binding one. This English text is provided for information only. In the event of any discrepancy, the German version prevails. Read the German version

1. Provider and scope

The provider and contracting party is:

Lukas Höver Mathiasstraße 10 50676 Köln Germany

Telephone: 0176 42410567 Email: kontakt@lukashoever.de

VAT identification number under § 27a of the German VAT Act: DE354230368

These terms apply to all contracts concluded via the website lukashoever.de between the provider and you as a consumer. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (§ 13 of the German Civil Code).

The offer is aimed exclusively at consumers. Orders from companies, parishes, church congregations or other corporate bodies are currently not accepted.

Differing terms of the person ordering do not become part of the contract unless their validity has been expressly agreed to in writing.

2. Subject matter

What is offered is exclusively digital content not supplied on a tangible medium: sheet music editions in PDF format and the associated audio files in MP3 format. No physical goods are delivered.

The essential characteristics of each work — title, scoring, length, file formats — follow from the product description on the respective offer page and from the order summary.

To use the files you need a device capable of opening PDF files and a device capable of playing MP3 files. No special software is required; there is no copy protection.

3. Formation of contract

The presentation of the works on the website does not constitute a legally binding offer but a non-binding invitation to place an order.

The ordering process runs as follows:

1. Selection of the desired work on the offer page.
2. Display of the order summary. This shows the essential characteristics of the work, the total price, these terms and the withdrawal instructions. Entries can be corrected up until submission using the browser’s editing functions and the correction options in the form.
3. By clicking the button “Zahlungspflichtig bestellen” (order with obligation to pay) you submit a binding offer to conclude a contract of sale.
4. You are then forwarded to the payment page of the payment service provider Stripe. This serves solely to process the payment; the ordering process is already complete at step 3.

The contract comes into being once the provider accepts the offer. Acceptance takes place by sending the order confirmation by email, or at the latest by making the download link available. An automated acknowledgement or payment confirmation from the payment service provider does not yet constitute acceptance.

A customer account is not required and is not created. Purchases are made as a guest.

4. Prices and payment

The prices shown on the offer page at the time of ordering apply. All prices are final prices. No shipping or delivery costs arise, as provision is exclusively digital.

The provider is a small business within the meaning of § 19 of the German VAT Act. VAT is therefore not levied and not shown.

Payment is processed by Stripe Payments Europe Ltd. Stripe acts solely as the payment service provider on behalf of the provider and is not a party to the contract of sale. The recipient of payment is the provider.

The following means of payment are accepted:

• Credit card
• PayPal
• Apple Pay
• Google Pay

The purchase price falls due in full immediately upon conclusion of the contract.

5. Provision and availability of the download

After the contract has been concluded and payment has been received successfully, you will receive a message at the email address given during the order containing a personal download link.

The link is valid for 30 days from the time it is sent. Within that period you may download the files as often as you wish. After the 30 days have elapsed, the claim to provision via the link expires; you are therefore required to download the files within that period and to save them permanently on a storage medium of your own.

If initial delivery of the email fails for reasons outside your control, or if the link cannot be accessed for technical reasons, access will be provided again without delay and free of charge upon notification. The claim to provision under § 327b of the German Civil Code remains unaffected.

The permitted scope of use of the downloaded files is governed by section 7.

The PDF files provided are personalised: they visibly contain your name and the order number. This marking serves to protect against unauthorised distribution. Details of how this data is processed are set out in the privacy policy.

6. Right of withdrawal and its early expiry

As a consumer you have a statutory right of withdrawal of fourteen days. The details follow from the withdrawal instructions, which are attached to these terms as a separate document and are made available during the ordering process and in the confirmation email.

In the case of contracts for the supply of digital content not delivered on a tangible medium, the right of withdrawal expires early if all three of the following conditions are met (§ 356 (5) of the German Civil Code):

1. you have expressly agreed that performance of the contract should begin before the withdrawal period expires;
2. you have confirmed your awareness that you lose your right of withdrawal through this consent once performance begins; and
3. the provider has made available to you a confirmation of the contract under § 312f (3) of the German Civil Code on a durable medium.

This consent and the confirmation of awareness are obtained and documented during the ordering process by means of a separate option to be actively selected. The contract confirmation under § 312f (3) is sent to you together with the download link by email; it contains the content of the contract as well as confirmation of your consent and of your acknowledgement.

If you do not give this consent, no contract comes into being and nothing is provided.

7. Rights of use

7.1 Scope of the rights granted

Upon payment in full you receive a simple, geographically and temporally unlimited, non-transferable and non-sublicensable right to use the acquired files for your own purposes.

Permitted is exclusively:

• downloading and storing the files on the devices you use, and making one backup copy insofar as this is necessary for permanent use by you,
• displaying the sheet music on screen for your own purposes,
• playing the audio files for private purposes.

No rights of use beyond this are granted.

7.2 Uses that are not permitted

Beyond the scope conclusively described in section 7.1, any reproduction is prohibited, in particular:

• producing copies, in particular playing copies for further performers,
• passing on, reselling, lending or renting the files to third parties, including free of charge,
• making them publicly available, for example by uploading to cloud storage accessible to third parties, to social networks, file-sharing services or websites,
• removing, altering or obscuring the personalisation, the author attribution or copyright notices,
• adapting, reworking or rewriting the music for other forces,
• any commercial exploitation of the files.

Own use means use by you personally. It does not extend to supplying further persons with sheet music; for that, further copies must be purchased.

Resale is also excluded because, according to the case law of the Court of Justice of the European Union, the principle of exhaustion does not apply to digital content of this kind that is not transmitted on a tangible medium.

7.3 Distinction: performance and other exploitation rights

The subject of the contract is exclusively the provision of the files and the right of use described in section 7.1.

Not the subject of the contract, and not acquired with it, are in particular rights of public performance, broadcasting, making available to the public, recording, and use in film, video or streaming productions. Whether and to what extent rights of third parties — for example vis-à-vis collecting societies or publishers — must be obtained for an intended use is your sole responsibility and must be clarified by you independently.

7.4 The provider’s ownership of rights

The provider warrants that it holds the rights required for the production and distribution of the works offered. Where works of others have been arranged, the corresponding licences of the respective rights holders are in place.

8. Defects, updates, liability

8.1 Conformity

Sections 327 ff. of the German Civil Code apply to the provision of digital products. The provider provides the files free of product and legal defects. Your rights in the event of defects are governed by sections 327i ff. of the German Civil Code.

8.2 Updates

An obligation to provide updates under § 327f of the German Civil Code exists only insofar as this is necessary to maintain conformity. As these are self-contained files in widely used, open standard formats, functional updates are neither envisaged nor owed. Should a file turn out to be faulty after conclusion of the contract, a corrected version will be provided free of charge.

8.3 Liability

The provider is liable without limitation in cases of intent and gross negligence, for injury to life, body or health, under the provisions of the German Product Liability Act, and to the extent of any guarantee given.

In the case of slightly negligent breach of an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely (a material contractual obligation), liability is limited to the foreseeable damage typical for this type of contract at the time the contract was concluded.

Liability is otherwise excluded.

The provider accepts no liability for the constant availability of the website or of the third-party services used, in particular the hosting provider, the payment service provider and email delivery. The obligation to provide under section 5 remains unaffected.

You are obliged to back up the downloaded files to a reasonable extent.

9. Information on the contract text

The contract text is stored by the provider and sent to you together with the order confirmation in text form by email. No further means of retrieval exists, as no customer account is created.

The language available for concluding the contract is exclusively German.

To correct input errors you may change your entries at any time up until clicking the button “Zahlungspflichtig bestellen”, using the usual keyboard and mouse functions and the correction options in the order summary, or cancel the process.

10. Data protection

Information on the processing of personal data, in particular on transfer to the payment service provider and on the personalisation of the files, can be found in the separately available privacy policy.

11. Dispute resolution

The provider is neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board.

12. Applicable law

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you have your habitual residence in another state, the mandatory consumer protection provisions of that state remain unaffected insofar as they are more favourable to you (Art. 6 (2) of the Rome I Regulation).