General Terms and Conditions of BMS Audio GmbH (B2B)
§ 1 Scope of application
(1) These terms and conditions apply to the contracts concluded between you and us, the company BMS Audio GmbH, Roßfelder Straße 65/5, 74564 Crailsheim, HRB 725309, UST-ID DE272650904 represented by Jonas Bayerlein and Anna Kollmer (legal notice)) via this online platform, unless otherwise expressly agreed in writing between you and us. Any deviating or conflicting conditions will not be recognised by us unless we have expressly agreed to them.
(2) You will be notified of any changes to these terms and conditions in writing, by fax or by e-mail. If you do not object to an amendment within four weeks of receipt of the notification, the amendments shall be deemed to have been accepted by you. You will be informed separately of the right to object and the legal consequences of silence in the event of an amendment to the Terms and Conditions.
§ 2 Registration as user
(1) In order to use our elysium® tgs Tour Guide System as an app, you must first register in our online system at www.my-elysium.app. Your registration is free of charge. There is no right to be admitted to our online system. Only persons with unlimited legal capacity are entitled to participate. At our request you must send us a copy of your identity card or your VAT ID number and document your registration. To be admitted, you must fill out the registration form available on our website electronically and e-mail it to us. The data required for registration must be provided by you completely and truthfully. When you register, you choose a personal user name and password. The user name must not infringe the rights of third parties or other name and trademark rights or offend common decency. You are obliged to keep the password secret and not to disclose it to third parties under any circumstances.
(2) Apart from the declaration of your consent to the validity of these General Terms and Conditions, your registration is not associated with any obligations. You can have your entry deleted by us at any time. The registration alone does not create any purchase obligations.
(3) If your personal details change, you yourself are responsible for updating them. All changes can be made online after registration under "Settings".
§ 3 Private Policy
We will process all personal data provided by you (title, name, address, e-mail address etc.) exclusively in accordance with the provisions of German data protection law. You will find more details in our Private Policy.
§ 4 Conclusion of contract, contract language
(1) The presentation of our licenses of elysium® tgs in our online shop does not constitute a legally binding offer, but an invitation to order (invitatio ad offerendum).
(2) By clicking the "Order subject to payment" button in the last step of the ordering process you make a binding offer to purchase the respective scope of use for elysium® tgs. Immediately after submitting the order you will receive an order confirmation, which does not constitute an acceptance of your contractual offer. A contract between you and us is concluded as soon as we accept your offer by a separate e-mail. Please check the SPAM folder of your e-mail inbox regularly.
(3) You can select licenses of the app in our online shop by placing them in a shopping cart by clicking on the corresponding button. If you want to complete the order, go to the shopping cart, where you will be guided through the further order process. After selecting the items in the shopping cart and entering all the necessary order and address data in the following step, clicking on the "Continue" button will open a page on which the main item details including any costs incurred are summarised once again. Up to this point you can correct your entries or refrain from the contract declaration. A binding offer in the sense of paragraph 2 will only be made by clicking on the button "Order subject to payment".
(4) The language provided for the conclusion of the contract is exclusively German. Translations into other languages are for your information only. In the event of contradictions between the German text and the translation, the German text shall take precedence.
§ 5 Correction note
As part of the ordering process, you first place the desired licences in the shopping basket. There you can change or remove the desired licence at any time. If you have stored a licence there, clicking on the "Next" button will take you to a page where you can enter your data and then select the payment method. Finally, an overview page will open where you can check your data. You can correct your input errors (e.g. regarding payment method, data) by clicking on "Edit" for the respective field. If you wish to cancel the order process completely, you can also simply close your browser window. Otherwise, after clicking on the confirmation button "Order subject to payment" your declaration becomes binding in the sense of § 4, paragraph 2 of these General Terms and Conditions.
§ 6 Storage of the contract text
The contractual provisions with details of the licence you have ordered, including these General Terms and Conditions, will be sent to you by e-mail upon acceptance of the contract offer or upon notification thereof. We will not store the contractual provisions.
§ 7 Terms of payment, condition precedent for granting rights, offsetting
(1) The remuneration is due immediately. Payment is made via our payment service provider Stripe, to which we will forward you during the payment process.
(2) The respective granting of rights to use the App only becomes effective when you have paid the remuneration owed in full. As soon as this has taken place, it will appear in your online account and can be used.
(3) You shall only be entitled to offsetting if your counterclaim has been legally established.
§ 8 Granting of rights to use the App elysium® tgs
(1) The scope of the granted rights of use of the App shall be in accordance with the agreed licence depending on the conclusion of the contract.
(2) It is not permitted to assign, transfer or grant sub-licenses to third parties of the rights of use granted in accordance with paragraph 1 that go beyond the agreement under the corresponding license.
§ 9 Warranty
(1) We warrant that the App is in the contractual condition at the time of its provision and that its use by you to the contractually agreed extent does not infringe any rights of third parties. After the expiry of one year from the date of provision of the system, this shall only apply if you can prove that the system was not in the contractually agreed condition at the time of provision.
(2) We inform you about updates to our App on our website, accessible at www.my-elysium.app, and make them available for download in the corresponding App Store. You are free to download and install the respective update. If you do not install the updates provided by us, we shall not be liable for any deviations from the contractual condition of the App that are due to the lack of the respective update.
§ 10 Liability
(1) We are liable for intent and gross negligence. Furthermore, we shall be liable for the negligent breach of obligations whose fulfilment is essential for the proper execution of the contract, whose breach endangers the achievement of the purpose of the contract and on whose compliance you as a customer may regularly rely. In the latter case, however, we shall only be liable for foreseeable damage typical for the contract. We are not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences. The above exclusions of liability shall not apply in the event of injury to life, body or health. Liability under the Product Liability Act remains unaffected.
(2) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times given the current state of technology. In this respect we are not liable for the constant and uninterrupted availability of our online system.
§ 11 Final provisions
(1) Amendments or supplements to these terms and conditions must be made in writing. This also applies to the cancellation of this written form requirement.
(2) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods.
(3) The place of performance of this contract is Crailsheim. The exclusive place of jurisdiction is the registered office of BMS Audio GmbH, provided that the parties are merchants or legal entities under public law or have no general place of jurisdiction in Germany.
(4) Should individual provisions of these Terms and Conditions of Business be invalid, this shall not affect the validity of the remaining provisions. The ineffective provision shall be replaced by the parties to the contract by mutual agreement by a legally effective provision which corresponds to the economic sense and purpose of the ineffective provision.