General Terms and Conditions (GTC)

 

OVERVIEW

This website is operated by Inner Lotus Music. Throughout the site, the terms "I","we", "us" and "our" refer to Inner Lotus Music. Inner Lotus Music offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our website and/or purchasing something from us, you are using our "Service" and agree to be bound by the following Terms and Conditions (GTC), including the additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms and Conditions apply to all users of the Website, including but not limited to users who are visitors, vendors, customers, merchants and/or content creators.

Please read these Terms and Conditions carefully before accessing or using our Website. By accessing or using any part of the Website, you agree to be bound by these Terms and Conditions. If you do not agree to all of the terms and conditions of this agreement, you may not access the website or use any services. If these terms and conditions are considered an offer, acceptance is expressly limited to these terms and conditions.

Any new features or tools added to the current store will also be subject to the Terms and Conditions . You can review the most current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting updates and/or changes to our website. It is your responsibility to check this page regularly for any changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes. Our store is hosted on Shopify Inc. Shopify provides us with the online e-commerce platform that allows us to sell our products and services to you.

 

SECTION 1 - TERMS AND CONDITIONS FOR THE ONLINE SHOP

a) By agreeing to these Terms of Service, you represent that you are at least the age of majority in your country of residence, or that you are the age of majority in your country of residence and you have given us your consent to allow any of your minor dependents to use this site.

b) You may not use our products for any illegal or unauthorized purpose, nor may you use the Service in violation of any laws in your jurisdiction (including, but not limited to, copyright laws).

c) You must not transmit any malware or viruses or any other code of a destructive nature.

d) Breach or violation of any of these Terms will result in immediate termination of your Services.

 

SECTION 2 - GENERAL TERMS AND CONDITIONS

a) We reserve the right to refuse service to anyone for any reason at any time.

b) You acknowledge that your information (other than credit card information) may be transferred unencrypted and involve (1) transmissions over various networks; and (2) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted when transmitted over networks.

c) You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service or access to the Service, or any contact on the Site through which the Service is provided, without express written permission from us.

d) The headings used in this Agreement are for convenience only and shall not limit or otherwise affect these Terms.

 

SECTION 3 - ACCURACY, COMPLETENESS AND CORRECTNESS OF INFORMATION

a) We are not responsible if the information provided on this site is not accurate, complete or current. The material on this site is for general information purposes only and should not be relied upon or used as the sole basis for making decisions without checking primary, more accurate, more complete or more up-to-date sources of information. Any reliance you place on the material on this website is strictly at your own risk.

b) This site may contain certain historical information. Historical information is not necessarily current and is provided for your guidance only. We reserve the right to change the content on this website at any time, but we are under no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.

 

SECTION 4 - FOR PERSONAL USE ONLY

When you purchase our music ('content') from our Inner Lotus Music Store, you, the purchaser, are granted the right to download/stream and play the music for personal use only. You are not permitted to incorporate the content into any commercial or non-commercial project. You may make copies for your personal use, e.g. on one of your personal devices, but any other reproduction, distribution or synchronization is strictly prohibited.

 

SECTION 5 - INTELLECTUAL PROPERTY

a) All music on the Inner Lotus Music website, including our store, YouTube channel, etc. is the intellectual property of Inner Lotus Music and Pierre Ynad.

b) Unless otherwise indicated, the Website and the music on this Website and in the Online Store is our intellectual and proprietary property and all source code, databases, functionality, software, website designs, audio, compositions video, text, photographs and graphics on the Website (collectively, the "Content") and the trademarks, service marks and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark law and various other intellectual property rights, international copyright laws and international conventions. The Content and Trademarks are provided on the Site "as is" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed or otherwise exploited for any commercial purpose whatsoever without our express prior written permission.

c) If you are authorized to use the site, you are granted a limited license to access and use the site and to download any portion of the content to which you have been properly granted access solely for your personal use. We reserve all rights in the website, the content and the trademarks not expressly granted to you.

 

SECTION 6 - ORDERING

a) When placing an order online, Inner Lotus Music requires information about the user (name, address, e-mail address, etc.). This information is used to create and process the business relationship between the customer and Inner Lotus Music. If a problem arises with the processing of an order, this information will be used to contact the customer.

b) The presentation of the products in the Inner Lotus Music Store is not a legally binding application, but a non-binding online catalog or a non-binding invitation to the customer to order the product in the online store.

c) An order is deemed to be an offer to Inner Lotus Music to conclude a contract. After submitting the order, the customer automatically receives a confirmation of receipt, which documents that the order has been received by the online store.

d) Inner Lotus Music is free to refuse orders in whole or in part without stating reasons. In this case, the customer will be informed and any payments already made will be refunded. Further claims are excluded.

 

SECTION 7 - CONCLUSION OF CONTRACT

a) All offers in the Inner Lotus Music Store on www.innerlotusmusic.com represent a non-binding invitation to the customer to purchase products/services from Inner Lotus Music. By placing an order, the customer makes a binding offer to conclude a contract. Any automatically generated order confirmation indicates to the customer that the order has been received by Inner Lotus Music, but does not constitute acceptance of the offer. A contract is only concluded when Inner Lotus Music expressly declares its acceptance or provides a download link by email. After this notification has been sent, the customer can no longer change the order and is bound by it.

b) In the case of an online order, the customer has the opportunity to view the GTC in advance at https://innerlotusmusic.com/policies/terms-of-service. Orders placed online are only concluded on the basis of these GTC, whereby these are deemed to have been accepted at the latest when the products are downloaded.

c) Accessories that appear on a product image but are not explicitly listed as part of the item are not part of the product offer.

 

SECTION 8 - CANCELLATION AND RIGHT OF WITHDRAWAL

a) Orders on the part of the customer can only be canceled or changed with the written consent of Inner Lotus Music. Inner Lotus Music shall decide on this at its own discretion. Any costs and/or processing fees incurred as a result of the cancellation or amendment may be passed on to the customer.

b) If the customer does not accept the products or services offered in accordance with the contract within 10 calendar days, Inner Lotus Music may withdraw from the contract without setting a further deadline. Costs and/or processing fees associated with the delay in acceptance may be charged to the customer in full.

c) You may receive a refund within 14 days of your purchase if you have not downloaded the product. If you have downloaded the product, refund requests will be checked internally for fraud and piracy.

d) In the event that Inner Lotus Music is unable to provide a download link, the customer has the right to withdraw from the contract at the earliest 20 working days after the order has been placed. If the customer makes use of this right of withdrawal, Inner Lotus Music shall refund any amounts already paid. Any further claims, in particular for interest or damages, are excluded.

 

SECTION 9 - PRICES, SHIPPING COSTS AND TERMS OF PAYMENT

a) The prices published at the time of the order shall apply. The prices are subject to any price changes. The customer is not entitled to offset counterclaims.

b) All prices include the statutory value added tax (VAT).

c) Discounts or vouchers shall only be accepted and deducted in accordance with the conditions stated in each case.

d) Inner Lotus Music offers the payment methods made available via Shopify and reserves the right for each store not to consider certain payment methods and to refer to other payment methods.

e) No shipping costs will be charged for digital content that can be obtained via a download link after ordering and payment.

 

SECTION 10 - RETENTION OF TITLE

Until full payment of the purchase price, including any default interest, the ordered item remains the sole property of Inner Lotus Music. Inner Lotus Music is entitled at any time to have the retention of title entered in the official register at the customer's expense.

 

SECTION 11 - DOWNLOAD

a) After the order has been placed and payment has been made successfully, Inner Lotus Music will send the customer a download link by email via Shopify. This link enables the download of the ordered mp3 or wav audio file. This audio file is intended exclusively for personal use and is subject to the use specified in the terms of use.

b) The music file must be downloaded immediately upon receipt of the download link. Cancellation is not possible after receipt of the download link. There is no entitlement to re-download purchased content.

c) An exchange is not possible. This does not apply to incorrect deliveries or manufacturing defects in the delivered products. In the event of incorrect deliveries or manufacturing defects, Inner Lotus Music must be notified immediately via Email. Liability is limited to replacement delivery. Claims for rescission of the contract or reduction of the remuneration are excluded, provided that a replacement delivery is possible within 14 working days.

d) The customer is obliged to accept the download link offered by Inner Lotus Music in accordance with the contract and to carry out the download himself. The necessary requirements (internet connection, software and hardware, etc.) are not part of the order and are the sole responsibility and liability of the customer.

e) Inner Lotus Music is not liable for non-delivery of the download link, e.g. due to incorrect entry of the email address by the customer.

f) In the event of obstacles or delays in the delivery of the download link, the customer will be informed as soon as possible. Inner Lotus Music reserves the right not to provide the promised service if delivery is impossible.In such a case, the customer will be notified and any payments already made will be refunded immediately (without interest). Further claims against Inner Lotus Music are excluded.

g) The benefits and risks of the product are transferred to the customer or a recipient designated by the customer when the product is downloaded.

 

SECTION 12 - RIGHTS OF USE

a) All titles offered are for your private, non-commercial use only. Any other use is a violation of copyright law. The making of copies for the purpose of sale, commercial rental, public broadcasting or passing on or transfer to third parties is prohibited.

b) With the purchase of digital products, customers receive the simple, non-exclusive, non-transferable and non-sublicensable right to use the title in the manner offered in each case. After the first download, a title can be downloaded again if possible and offered. There is no entitlement to this.

c) Inner Lotus Music is entitled to temporarily or permanently restrict or completely discontinue the download option at any time. If there is an important reason, e.g. justified suspicion of legal violations, individual download links can be deleted.

 

SECTION 13 - DATA PROTECTION

The data required for business transactions will be stored and, if necessary, forwarded to the companies commissioned to process the order. All personal data is treated confidentially. Detailed information can be found in the privacy policy.

 

SECTION 14 - CHANGES TO THE SERVICE AND PRICES

a) Prices for our products are subject to change without notice.

b) We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice.

c) Shopify shall not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Service.

 

SECTION 15 - PRODUCTS OR SERVICES

a) We have made every effort to display as accurately as possible the colors and images of our products that appear in the store. We cannot guarantee that your computer monitor will display every color correctly.

b) We reserve the right, but are not obligated, to limit the sale of our products or services to certain persons, geographic regions or jurisdictions. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of products or services we offer. All product descriptions or product prices are subject to change at any time without notice and at our sole discretion.

c) We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

d) We do not warrant that the quality of any products, services, information or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.

 

SECTION 16 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

a) We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed from or under the same customer account or credit card and/or orders using the same billing and/or shipping address. In the event we change or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole discretion, appear to have been placed by dealers, resellers or distributors.

b) You agree to provide current, complete and accurate purchase and account information for all purchases made in our store. You agree to promptly update your account and other information, including your e-mail address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

SECTION 17 - ADDITIONAL TOOLS

a) We may provide you with access to third-party tools that we do not monitor, control or influence.

b) You agree that we provide access to these tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We do not accept any liability whatsoever arising from or related to your use of additional third party tools.

c) Any use of additional tools offered through the Website is at your own risk and discretion and you should ensure that you are familiar with and agree to the terms on which the tools are made available by the relevant third party provider(s).

d) We may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services will also be subject to these Terms and Conditions.

 

SECTION 18 - THIRD PARTY LINKS

a) Certain content, products and services available through our Service may include materials from third-parties.

b) Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy thereof, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products or services of third-parties.

c) We are not liable for any damages incurred in connection with the purchase or use of any goods, services, resources, content or other transactions made in connection with any third-party websites. Please read the third party's policies and practices carefully and make sure you understand them before you engage in any transaction. Complaints, claims, concerns or questions about third-party products should be directed to the third-party provider.

 

SECTION 19 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

a) If, at our request, you send certain submissions (e.g. contest entries) or without solicitation from us, you send creative ideas, suggestions, proposals, plans, or other materials online, by email, by postal mail, or otherwise (collectively, "comments"), you agree that we may, at any time, without restriction, edit, reproduce, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and will be under no obligation (1) to maintain any comments in confidence, (2) to pay compensation for any comments, or (3) to respond to any comments.

b) We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms and Conditions.

c) You agree that your comments will not violate any right of any third party, including but not limited to copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous, defamatory or otherwise unlawful, abusive, hateful or obscene material or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website or application. You must not use a false e-mail address, impersonate other people or mislead us or third parties as to the origin of any comments. You are solely responsible for your comments and their accuracy. We are not responsible or liable for any comments posted by you or any third party.

 

SECTION 20 - PERSONAL DATA

The transmission of personal data via the store is subject to our privacy policy. Please read our privacy policy.

 

SECTION 21 - ERRORS, INACCURACIES AND OMISSIONS

a) Occasionally there may be typographical errors, inaccuracies or omissions in product descriptions, pricing, promotions, offers, shipping charges, delivery times and/or availability on our site or in the Service. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Service or on any related website is incorrect at any time without prior notice (including after you have submitted your order).

b) We undertake no obligation to update, amend or clarify any information relating to the Service or on any related website, including, but not limited to, pricing information, except as required by law. Any update dates quoted in relation to the Service or on any related website should not be taken to indicate that all information in relation to the Service or on any related website has been changed or updated.

 

SECTION 22 - PROHIBITED USES

a) In addition to other prohibitions set forth in the Terms and Conditions, you are prohibited from using the Site or its Content for any of the following: (1) for unlawful purposes; (2) to solicit others to perform or participate in unlawful acts; (3) to violate any international, federal, state, provincial or federal regulations, rules, laws or local ordinances; (4) to interfere with or infringe our intellectual property rights or the intellectual property rights of others; (5) to harass, abuse, insult, harm, defame, libel, denigrate, intimidate or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin or disability; (6) to transmit false or misleading information; (7) to upload or transmit viruses or any other form of harmful code that in any way affects the functionality or operation of the Service or any related website, other websites or the Internet; (8) to collect or track personal information of others; (9) for spamming, phishing, pharming, pretexting, spidering, crawling or scraping; (10) for any obscene or immoral purpose; or (11) to interfere with or circumvent the security features of the Service or any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or any related website if you violate any of the prohibited uses.

b) You may not access or use the Website for any purpose other than that for which we make it available. The Website may not be used in connection with any commercial enterprise unless expressly approved or authorized by us.

c) As a user of the Website, you agree to refrain from the following:

1. systematically retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without our written permission.
2. make any unauthorized use of the Website, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or creating user accounts by automated means or under false pretenses
3. use the Website to advertise or offer for sale any goods or services
4. use a purchasing agent or shopper to make purchases on the Website.
5. circumvent, disable or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website and/or the Content contained therein.
6. trick, defraud or mislead us and other users, particularly in an attempt to obtain sensitive customer or account information.
7. misuse our support services or submit false reports of abuse or misconduct.
8. make any automated use of the system, such as the use of scripts to send comments or messages or the use of data mining, robots or similar tools to collect and extract data.
9. use the music for both commercial and non-commercial purposes, except for personal use.
10. make the music available to the public for downloading or streaming in any form, for example via P2P networks, torrents, streaming websites, etc.
11. distribute or synchronize the music with an audiovisual or audio-only product.
12. interfere with, disrupt or unduly burden the Website or the networks or services connected to the Website
13. attempt to impersonate another user or person or use another user's username.
14. decipher, decompile, disassemble or reverse engineer any software that is part of or in any way constitutes a part of the Website.
15. attempt to circumvent any measures of the Website that prevent or restrict access to the Website or parts of the Website.
16. remove any copyright or other proprietary rights notice from the Content.
17. upload or transmit (or attempt to upload or transmit) any viruses, Trojan horses or other material, including excessive use of capitalization and spamming (continuous posting of repetitive text), that interferes with any other party's uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation or maintenance of the Site.
18. upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active mechanism for collecting or transmitting information, including, but not limited to, clear graphics interchange formats ("gifs"), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").
19. use, launch, develop or distribute automated systems, including but not limited to spiders, robots, cheat utilities, scrapers or offline readers that access the Site, or use or launch unauthorized scripts or other software, except as a result of standard search engine or Internet browser usage.
20. use the Website in any manner inconsistent with applicable laws or regulations.
21. infringe the copyrights of Inner Lotus Music or any third party in any way.

 

SECTION 23 - EXCLUSION OF LIABILITY; LIMITATION OF LIABILITY

a) We do not warrant, represent or guarantee that your use of our service will be uninterrupted, timely, secure or error-free.

b) We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.

c) You agree that we may from time to time remove the Service indefinitely or discontinue the Service at any time without notice to you.

d) You expressly agree that your use of or inability to use the Service is at your sole risk. The Service and all products and services offered to you through the Service are (unless expressly stated by us) provided to you "as is" and "as available" for your use, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, resilience, title or non-infringement.

e) In no event shall Inner Lotus Music, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, side effect, loss, claim or any direct, indirect, incidental, punitive, special or consequential damages of any kind, including, but not limited to, lost profits, lost revenues, lost savings, loss of data, replacement costs or similar damages, whether based on contract, tort (including negligence), strict liability or otherwise arising out of or in connection with the use of the Service or any products obtained through the Service, or for any other claim based in tort (including negligence) or strict liability, tort (including negligence) or strict liability, or otherwise arising out of the use of the Service or any products obtained through the Service, or for any other claim in any way related to the use of the Service or any product, including but not limited to errors or omissions in any Content or any loss or damage of any kind incurred as a result of the use of the Service or any Content (or products) posted, transmitted or otherwise made available via the Service, even if advised of the possibility thereof.

f) Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 24 - INDEMNIFICATION

You agree to indemnify Inner Lotus Music and our parent, subsidiaries, affiliates, partners, officers, managers, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees in connection with any claim or demand, including reasonable attorneys' fees, which indemnify, defend and hold harmless any claim brought by any third party due to your breach of these Terms and Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

 

SECTION 25 - SEVERABILITY

If any provision of these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect its validity and enforceability of the remaining provisions.

 

SECTION 26 - TERMINATION

a) The obligations and agreements of the parties arising prior to the termination date shall survive the termination period of this Agreement for all purposes.
b) These Terms and Conditions are effective until terminated by you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Services, or when you cease using our website.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any provision of these Terms and Conditions, we may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination and/or we will deny you access to our services (or parts thereof).

 

SECTION 27 - ENTIRE AGREEMENT

a) The failure by us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
b) These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to the Service constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals , whether oral or written, between you and us (including, without limitation, any prior versions of the Terms and Conditions).
c) Any ambiguities in the interpretation of these General Terms and Conditions should not be construed against the drafting party.

 

SECTION 28 - GOVERNING LAW

The place of performance and exclusive place of jurisdiction for these General Terms and Conditions and all separate agreements under which we provide you with services is Fribourg, Switzerland (mandatory law reserved).
Swiss law applies exclusively. The Vienna Sales Convention is explicitly excluded.

 

SECTION 29 – CHANGES TO TERMS AND CONDITIONS

You can review the most current version of the Terms and Conditions at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website regularly for possible changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.

 

SECTION 30 – CONTACT INFORMATION

Questions about these General Terms and Conditions should be directed to us via Email.

Inner Lotus Music
Version 1.1 (machine translation of the original German text)
03/07/2024