GENERAL TERMS AND CONDITIONS
of the company GROOVEBIRD RECORDS New Delhi (India)
– hereinafter called “GROOVEBIRD RECORDS” –
hello@groovebirdrecords.com
Status: March 2020

1 APPLICATION AREA
(1) All conclusions of contracts, deliveries and other services rendered by “GROOVEBIRD RECORDS” are solely based on the following General Terms and Conditions and in the version that was in effect at the time when the respective service was rendered.
(2) Different provisions shall only apply if confirmed by “GROOVEBIRD RECORDS” in writing.

2 CONCLUSION OF CONTRACT
(1) Any offers made on the internet sites of “GROOVEBIRD RECORDS” are legally non-binding invitations to the customer to order goods or to acquire musical recordings in a non-physical format (download).

(2) Ordering goods or downloading musical content is performed by filling out and returning the online form on “GROOVEBIRD RECORDS’S” website either via e-mail or via telefax, telephone or regular mail. By placing such order, the customer committs himself to conclude a legally binding contract of purchase and, furthermore, confirms he is of full age and of full legal capacity. “GROOVEBIRD RECORDS” is not obliged to accept the order made by the customer. Confirming the receipt of such an order does not constitute an acceptance of customer’s offer.

(3) The acceptance of an offer by “GROOVEBIRD RECORDS” is effected by sending a fulfilment confirmation, by transferring an internet link or by sending the goods ordered to the customer, respectively (whatever applicable). Said fulfilment confirmation (if any) shall be sent via e-mail.

3 TERMS OF PAYMENT/WITHDRAWAL CLAUSE
Payments have to be made upfront and either through bank transfer (payment in advance) or per PayPal. In case of an inadequate account coverage, GROOVEBIRD RECORDS is entitled to retreat from the contract.

4 GRANT OF RIGHTS FOR AUDIO- AND AUDIOVISUAL RECORDINGS VIA DOWNLOAD

 

(1) GROOVEBIRD RECORDS grants to customer the non-exclusive and non-transferable right to use the purchased audio and audio-visual content without any restrictions as to time, but for private purposes only.
(2) Customer is permitted to store and multiply the purchased audio and audio-visual content on the hard disk of his computer.
(3) Any other (especially commercial) usage of the purchased audio and audio-visual content is explicitly prohibited. This applies in particular to the modification, the commercial distribution or other ways of selling.
(4) Any multiplication is only permitted within the relevant legal provisions, especially under adherence of the related copyrights and the regulations of the Indian Copyright Law.


5 CONTRACTUAL EXCLUSION OF SET-OFF
(1) Customer is not entitled to set-off his own claims against any pecuniary claims of GROOVEBIRD RECORDS unless such claims are undisputed and legally ascertained by a judgement of a court in the applicable jurisdiction.
(2) Customer is not entitled to counter pecuniary claims of GROOVEBIRD RECORDS with rights of retention (e.g. from notices of defect) unless they result from the identical contractual relationship.

6 DATA PROTECTION
GROOVEBIRD RECORDS is obliged to protect the privacy of the customer and to treat all personal data confidential and on the basis of the relevant statutory legal provisions.

7 ENFORCEABILITY, JURISDICTION
(1) If a provision of these General Terms And Conditions, wholly or partly, becomes invalid, the remaining provisions remain unaffected thereby. The invalid provision shall be replaced by a valid provision that comes closest to the initial economical purpose of the invalid provision.
(2) In case the customer is a merchant under applicable Indian trade law, a legal person under public law or a special fund under public law, New Delhi shall be the exclusive jurisdiction over any controversies arising directly or indirectly from the relevant contractual relationship. The same applies in case a customer does not have a place of general jurisdiction in India, transfers his domicile or usual place of residence abroad after conclusion of the contract or in case his domicile or usual place of residence unknown when a lawsuit is being filed.

8 DATA PROTECTION
GROOVEBIRD RECORDS (hereinafter referred to “GROOVEBIRD RECORDS”) take the protection of your personal data very seriously. The regulations of the Data Protection Laws, especially the Indian Data Protection Code, are strictly obeyed. Individually related data are only collected to the extent that is technically necessary. The collected data will under no circumstances be sold or passed on to a third party for any other reason without prior consent.
In the following description we would like to explain to you how we provide such protection, what kind of data is collected and for what reason:


9 DATA PROCESSING ON THIS INTERNET PAGE
GROOVEBIRD RECORDS automatically collects and stores in its Server Log Files information which is transferred to us from your browser, consisting in particular of:
Browser type and browser version
Time of the server request
Referrer URL (previously visited site)
Operating system in use
Hostname of the accessing computer (IP address)
GROOVEBIRD RECORDS cannot attribute such data to any particular person. No combination of the data with other data sources will be undertaken. Furthermore, the data will be deleted after statistical analysis.

10 COOKIES

Our Internet pages use so-called “Cookies” in various areas. These cookies serve to make our offer more user friendly, effective and secure. Cookies are small text data files which are placed on your computer and stored in your browser. Most of the Cookies used by us are so-called “Session Cookies” which will be automatically deleted after the end of your visit to our web site. Cookies do not damage your computer and do not contain viruses.

At any time you have the right to be informed about the data stored with regard to your person, the source and the recipients as well as the reason for their storage.

FURTHER INFORMATION
Your confidence is important to us. Therefore, with regard to the processing of your personal data we will remain honest and available to you at all times. If you have any questions which cannot be answered by this data protection declaration or if you require more detailed information on any particular subject, please contact GROOVEBIRD RECORDS at hello@groovebirdrecords.com