General Terms and Conditions

General Terms and Conditions of GEWA Electronics Cloud Services

  1. General information

    (1) These General Terms and Conditions (hereinafter "GTC") apply to all present and future business relationships between GEWA music GmbH, Oelsnitzer Str. 58, D- 08626 Adorf/Vogt (hereinafter "GEWA") and consumers and cooperations (hereinafter "customers") regarding data deliveries and online services from the offer of GEWA Electronics Cloud Services.

    (2) Consumer in the sense of § 13 BGB (German Civil Code) and these GTC is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur within the meaning of § 14 BGB and these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.

    (3) By ordering products or using services from the offer of GEWA Electronics Cloud Services, the customer acknowledges the GTC in the version valid at the time of the order or use. The GTC can be accessed at any time on the website of
    Conflicting or supplementary General Terms and Conditions of the Customer shall not be recognised and shall not become part of the contract unless GEWA expressly agrees to them in individual cases.

    (4)GEWA reserves the right to amend these GTC at any time insofar as this is necessary for valid reasons, in particular for adaptation to legal requirements or due to supreme court rulings, technical changes or further developments, regulatory gaps in the GTC, changes in market conditions or other equivalent reasons and does not place the Customer at an unreasonable disadvantage. The customer shall be notified of the amended General Terms and Conditions by post or e-mail at least four weeks prior to their coming into effect, highlighting the changes in print. The changes shall become effective if the customer does not object by post to the address stated in the imprint of GEWA Electronics Cloud Services or by e-mail to within this period of four weeks (beginning with receipt of the change notification) and GEWA has drawn the customer's attention to this legal consequence in the change notification. The Customer's silence with regard to the amended GTC shall therefore be equivalent to the Customer's express consent to the amendments.

    (5) If the customer objects to the amendments, the amendments to the contractual conditions shall be deemed rejected and the contractual relationship shall be continued on the basis of the original GTC. In this case, however, GEWA shall be entitled to terminate the contractual relationship by ordinary termination in accordance with Section 10 (2) of these GTC.

    (6) The contractual language is exclusively German.

  2. Registration

    (1) Registration is free of charge. The customer data (name, first name, date of birth, address, e-mail address, user name and password) must be entered during registration. The customer is obliged to provide truthful and complete information.

    If their data changes, the customer must immediately correct their user profile on the GEWA Electronics Cloud Services website. If this is not possible, the customer must inform GEWA Electronics Cloud Services immediately by post or e-mail to one of the addresses given on the GEWA Electronics Cloud Services website.

    (2) By sending the registration form, the Customer submits an offer to conclude a user agreement with GEWA.

    (3) If GEWA accepts the registration, the customer will receive an e-mail with a confirmation link, which they must click to verify their e-mail address. After successful verification, the registration is completed and the user agreement is concluded between GEWA and the Customer.

    (4) GEWA reserves the right to refuse acceptance of the registration if there is an objective reason for this, e.g. the Customer provides incorrect information.

    (5) Upon confirmation of registration, the customer is entitled to use the services of GEWA Electronics Cloud Services.

  3. Data protection

    The use of the services is subject to GEWA music's privacy policy, which is available at .

  4. Conclusion of contract

    (1) By clicking on the button "Order now subject to payment", the customer submits a binding purchase offer (§ 145 BGB).

    (2)GEWA accepts this offer by making the product available for download.

  5. Cancellation Policy

    In the event that the customer is a consumer within the meaning of § 13 BGB (German Civil Code), i.e. makes the purchase for purposes which can predominantly neither be attributed to their commercial nor self-employed professional activity, the customer has a right of revocation.

    (1)Right of revocation

    The customer has the right to revoke the contract for the digital content in question within fourteen days without giving reasons. The revocation period shall be fourteen days from the date of conclusion of the contract.

    In order to exercise their right of withdrawal, the Customer must inform GEWA by means of a clear declaration (e.g. letter, fax or e-mail sent by post) of their decision to withdraw from this Agreement. The customer may use the sample revocation form attached below for this purpose, but this is not mandatory.

    In order to comply with the revocation period, it is sufficient for the customer to send notification of the exercise of the right of revocation before the expiry of the revocation period.

    Sample withdrawal form

    (If you want to cancel the contract, please fill out this form and send it back.)


    GEWA music GmbH
    Oelsnitzer Str. 58
    08626 Adorf/Vogtl.
    c/o GEWA Electronics Support


    I/we hereby cancel the contract concluded by me/us for the purchase of the following products:

    [Order number, name of product]
    Ordered on: _______________ /  received on: _______________
    Name of the Customer:
    Address of the Customer:
    E-Mail address of the Customer:
    Signature of the Cusomter (only for paper communication):
    Date: _______________________________

    (2) Consequences of revocation

    If the Customer revokes this Agreement, GEWA shall reimburse them immediately, and at the latest within fourteen days of the date on which GEWA receives notification of the revocation of this Agreement, all payments which GEWA has received from them, including the delivery costs (with the exception of the additional costs arising from the fact that the Customer has chosen a type of delivery other than the cheapest standard delivery offered by GEWA). For this repayment, GEWA shall use the same means of payment that the Customer used for the original payment, unless expressly agreed otherwise with the Customer; in no event shall any charges be levied on the Customer for this repayment.

    (3) Expiry of the right of revocation

    In accordance with § 356 para. 5 BGB (German Civil Code), the right of revocation expires if GEWA Electronics Cloud Services has begun with the execution of the contract after the Customer has
    - expressly agreed that GEWA shall commence execution of the agreement before expiry of the revocation period, and
    - the Customer has confirmed that they were aware that they lose their right of revocation through their consent at the beginning of the execution of the contract.

  6. Copyrights and rights of use

    (1) The digital contents made available by GEWA Electronics Cloud Services are protected by copyright.

    (2) Subject to payment of the remuneration owed and due, the Customer acquires the simple, non-transferable right to use the digital content offered exclusively for personal use, in accordance with copyright law in the manner offered in each case on a maximum of five terminal devices. It is not permitted to change the content or editorial content of the digital content in any way or to use modified versions, to copy it for third parties, to make it publicly accessible or forward it, to post it on the Internet or in other networks against payment or free of charge, to imitate it or resell it.

    (3) Any use beyond the scope of paragraph (2), in particular processing, reproduction for commercial purposes and public reproduction and making available, requires the agreement of an extended license and the prior written consent of GEWA, unless such use is permitted by mandatory statutory regulations.

  7. Prices and terms of payment

    The prices, conditions and terms of payment result from the price quotations and product descriptions on the Internet pages of GEWA Electronics Cloud Services in the version valid at the time of the order.

  8. Warranty and liability

    (1) Unless expressly agreed otherwise, the warranty claims of the Customer shall be governed by the statutory provisions of the German Sales Act (§§ 434 et seq. BGB). The warranty period is two years.

    (2) GEWA shall be liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. In the event of slight negligence, GEWA shall be liable for damages resulting from injury to life, limb and health of persons.

    (3) GEWA shall only be liable for slight negligence in the event of a breach of a material contractual obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the Customer may regularly rely (cardinal obligation). Liability for slight negligence shall be limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability shall also apply to the benefit of GEWA's legal representatives and vicarious agents.

    (4) GEWA shall not be liable for damage resulting from causes for which GEWA is not responsible. This applies in particular to damage caused by faults on lines, servers and other equipment for which GEWA is not responsible.

  9. Alternative dispute participation

    The EU has made an online dispute settlement platform available, which can be accessed via the following link: . GEWA is not obliged to participate in any dispute resolution proceedings and has decided not to participate.

  10. Duration and terms of contract

    (1) The contract for the use of GEWA Electronics Cloud Services is concluded for an indefinite period, unless otherwise expressly agreed in individual cases.

    (2) The Customer and GEWA shall be entitled to terminate the contract in writing at any time with ten days' notice to the end of the month.

    (3) The Customer can cancel their user account by sending their cancellation request by post to GEWA music GmbH, Oelsnitzer Str. 58, D- 08626 Adorf/Vogtl, Germany or by e-mail to

    The right to terminate the contract for good cause remains unaffected. For GEWA, good cause shall be deemed to exist in particular if the Customer has repeatedly violated these GTC or other contractual obligations despite a warning by GEWA, or if the Customer is in arrears with the payment of an invoice despite at least two reminders, or if insolvency proceedings have been instituted against the Customer's assets, at least provisionally.

    (5) In the event of termination of the user account, the license relationships granted by GEWA in the past shall continue to apply under the agreed conditions.

    (6) Upon termination of the contract, the right of the Customer to use GEWA Electronics Cloud Services shall expire and the Customer data of the Customer account with GEWA Electronics Cloud Services shall be deleted within the statutory periods.

  11. Applicable law, place of jurisdiction, severability clause

    (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. Mandatory provisions of the state in which the Customer has their habitual residence shall remain unaffected.

    (2) If the Customer is a merchant, legal entity under public law or special fund under public law, the place of business of GEWA shall be the place of jurisdiction for all disputes arising from or in connection with contracts between GEWA and the Customer.

    (3) Should any provision of these Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions. In such cases, the parties shall negotiate an agreement to replace the invalid provision with a provision that comes as close as possible to the content of the original provision.