General terms and conditions for plans subject to a fee
1. Contracting party
4YKINGS GmbH, Kiefernweg 36, 82319 Starnberg, Germany (hereinafter referred to as "4YKINGS") uses the support of Paddle.com, Inc., 3811 Ditmars Blvd #1071 Astoria NY 11105-1803, USA and Paddle.com Market Limited, Judd House,18-29 Mora Street, London, EC1V 8BT, United Kingdom (hereinafter jointly referred to as "Paddle") for the processing of the online offer BANDZONE. Paddle operates as a so-called "Merchant of Record". This means that Paddle acts as a reseller of 4YKINGS' range of services. The contract via the paid use of the online service BANDZONE is therefore concluded between the user and Paddle. If the user is domiciled in the USA, his contractual partner is Paddle.com Inc. If the user is domiciled outside the USA, his contractual partner is Paddle.com Market Limited.
2. Terms of use
Within the scope of the paid use of the online offer BANDZONE, the BANDZONE terms of use available at https://the.band.zone/en/legal/terms-of-use apply in addition to the general terms and conditions of Paddle (available at https://www.paddle.com/legal/checkout-buyer-terms).
4YKINGS reserves the right to make changes to the fee-based plans that go beyond what is necessary to maintain contractual compliance if there is a valid reason for doing so. In such a case, 4YKINGS will inform the user separately.
The terms and conditions are also available in a form optimized for printing: Terms and conditions for chargeable plans for printing.
3. Mandatory information and other regulations
3.1 Complaints; existence of defects
Statutory warranty rights apply. For complaints and/or the notification or assertion of defects, the user can contact the
4YKINGS GmbH, Kiefernweg 36, 82319 Starnberg, Germany
e-mail address: contact@4ykings.com.
Claims against Paddle remain unaffected.
3.2 Conclusion of contract; correction of input errors
In the last step of the booking process, the user has the opportunity to check his details for any input errors and, if necessary, to correct them by re-entering them. By clicking the button "Subscribe now" (credit card) or "Agree and continue" (PayPal), the user submits an offer to conclude a contract via the paid use of BANDZONE. This offer is accepted by Paddle by sending a booking confirmation via email.
3.3 Term; Termination
The contract via the paid use of the online offer BANDZONE begins with the booking of a paid plan and is concluded for an indefinite period.
The user may terminate the booked plan with 48 hours' notice to the end of the month of use (the month of use may differ from the calendar month).
The right to extraordinary termination remains unaffected in case of important reasons.
The termination of a booked monthly plan can be done directly through the subscription/plan page of the band or by notifying Paddle. A user's monthly plan will be automatically terminated if the user leaves the corresponding band or deletes their BANDZONE account.
Note: If a band of the user consists of several members and the user who purchased the paid plan deletes his account, his band membership or just cancels the paid plan of this band, the functions of the purchased paid plan will be deactivated for the entire band after the cancellation or grace period has expired. The other members will be informed about this and have the possibility to book a payment plan for the band, so that an uninterrupted further use of the offer is possible for the band.
If the user leaves a band (either via deleting their band membership or deleting their BANDZONE account) for which they have purchased a monthly or lifetime plan, the band can continue to use BANDZONE until the end of the according payment term. The user himself immediately loses access to the data of the band - or the platform (in case of account deletion). A plan booked for a band cannot be transferred to another band of the user, i.e., for a new band, a new plan must be purchased.
3.4 Lifetime Plans
Within the scope of the fee-based plans, BANDZONE also offers so-called "Lifetime Plans". In addition to these General Terms and Conditions and the Terms of Use, the following provisions shall also apply to the Lifetime Plan:
A lifetime plan purchased by a user for a band entitles that band to the permanent use of BANDZONE services within the plan limits.
The Lifetime Plan shall end upon the death of the user (1), if the BANDZONE services are discontinued (2), if the business operations of BANDZONE are discontinued - irrespective of the reason (3), after 99 years (4) or if the band gets deleted (5). The Lifetime Plan is only valid for the user personally as well as the band the Plan was purchased for and cannot be transferred to third parties. In particular, the Lifetime Plan shall not pass to the user's heir(s) in the event of the user's death.
The Lifetime Plan includes the possibility of using the BANDZONE services offered by 4YKINGS at the time of conclusion of the contract. 4YKINGS shall be entitled, but not obligated, to provide the user with BANDZONE services, which are only introduced or offered after the conclusion of the contract, within the scope of its Lifetime Plan. A restriction of the scope of services offered at the time of the Lifetime Plan can only be made under the conditions of Section 2 (2) of the GTC.
An exchange of an already concluded Lifetime Plan for money and/or credit is excluded.
3.5 Price; Invoice; Due Date
The amount of the fee to be paid by the user shall be determined by the price list available at https://the.band.zone/en/info/pricing.
The paid version of the online service BANDZONE is available at a reduced price for school bands and bands consisting mainly of pupils and/or students. In addition to an existing BANDZONE account, a prerequisite for activation as a school band is the sending of a postcard to 4YKINGS GmbH, Kiefernweg 36, 82319 Starnberg. This postcard should contain at least an address for electronic contact as well as the declaration that the band does not pursue any commercial purposes. Further creative ideas are very welcome! :-) The offer reduced in price for school bands expires as soon as all regular band members have finished school (we ask for appropriate notice).
Invoicing by Paddle will be monthly, unless another billing period is agreed upon. The invoice will be sent to the e-mail address that was stored in the BANDZONE user account at the time of ordering the plan requiring payment (not to the user's address in one of the bands, which may be different). A change of this e-mail address can currently only be made via the BANDZONE support.
We expressly reserve the right to adjust the amount of the charges. An adjustment of the prices can only take place if the economic circumstances/market conditions - in particular in the form of increased costs - change significantly, a change in the legal situation or jurisdiction occurs or new technical requirements/developments require this - in particular taking into account the maintenance and/or the necessary expansion of the online offer BANDZONE.
If a price change is necessary, such a change shall take place no more than once every 12 months. The user shall be informed of any price change at least four weeks in advance. In the event of a price change, the user shall have an extraordinary right of termination as of the occurrence of the price change. The termination must be received by 4YKINGS or Paddle in text form via e-mail or letter no later than four weeks after receipt of the notification of the price increase.
If the user is more than four weeks in arrears with a due payment, Paddle and/or 4YKINGS shall be entitled to restrict or block the user's access to the BANDZONE platform after a prior reminder with a deadline. This restriction or blocking has no influence on future remuneration claims, especially those that arise during the period of restriction or blocking. After the payment arrears have been settled, the provider shall immediately reactivate access to the full extent of the booked plan.
3.6 Right of revocation
If the user residing within the European Union is a consumer within the meaning of Section 13 of the German Civil Code (any natural person who enters into a legal transaction for purposes that are predominantly not related to his or her commercial or self-employed professional activity), he or she shall have a statutory right of revocation.
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__Revocation policy
Right of revocation
You have the right to cancel this contract within 14 days without giving any reason. The revocation period is 14 days from the day of the conclusion of the contract.
To exercise your right of revocation, you must send us (4YKINGS GmbH Kiefernweg 36, 82319 Starnberg, Germany, Fax: +49 89 2155 000 6, contact@4ykings.com) by means of a clear declaration (e.g. a letter sent by post, e-mail, fax) about your decision to revoke the contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification about the exercise of the right of withdrawal before the withdrawal period expires.
Consequences of the revocation
If you revoke the contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than 14 days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of revocation with respect to this contract compared to the total scope of the services provided for in the contract.
__Sample revocation form
(If you want to revoke the contract, you can fill out this form and send it back to us).
4YKINGS GmbH
Kiefernweg 36
82319 Starnberg
I/we
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hereby revoke the contract concluded by us in respect of the provision of the following service
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Ordered on _______________________________ .
Name of the consumer(s)
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Address of the consumer:
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Signature of consumer(s) (only if notice is on paper)
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Date: _______________________________ .
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3.7 Modification of the general terms and conditions
4YKINGS reserves the right to change these terms at any time.
In this case, the user will be informed about the planned changes by e-mail in due time. In addition to information about the planned changes, the mail will contain a request to agree to the changes within a period of 30 days from receipt of the e-mail, as well as information about the user's right to object to the changes and the associated consequences.
If the User does not object to the changes to the terms in text form within a period of 30 days, the changes shall be deemed accepted.
If the User does not agree with the planned changes to the terms, he has the right to terminate the existing contract with the Provider within 30 days from the notification of the planned changes.
In case of objection, 4YKINGS reserves the right to terminate the contract with the user according to the general regulations.
3.8 Storage of the contract text
The contract text is stored by us and can be requested at any time.
3.9 Contract language
The contract language is German.
3.10 Dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which you can reach at http://ec.europa.eu/consumers/odr. We are not obliged to participate in a dispute resolution procedure before a consumer arbitration board. We do not participate in a dispute resolution procedure.