Gabriel T. Collins
Information
Gabriel T. Collins
ENDE

Terms and Conditions

  1. Scope

These Terms and Conditions apply to the use of this website and to all future offers, contracts, orders, digital content, physical products and services provided by:

Gabriel T. Collins
Owner: Dan Andrei Danga
Gerokstr. 26
71088 Holzgerlingen
Germany

Creative and commercial areas:
Gabriel T. Collins – Books, Writing, Journals & Creative Works
GTCollins – Music, Songwriting & Independent Artist Projects

Contact:
info@gabrielcollins.eu

These Terms and Conditions apply to consumers and business customers unless expressly agreed otherwise.

A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

A business customer is a natural or legal person or a legal partnership who or which, when entering into a legal transaction, acts in the exercise of their trade, business or profession.

  1. Current Status of the Website

This website currently serves to present artistic, musical, literary and creative content and to prepare future offers.

Where this website refers to external platforms, shops, streaming services, booksellers, print-on-demand providers or other third-party providers, a contract is generally concluded directly between the user and the respective third-party provider if an order or purchase is made on that platform. In such cases, the terms and conditions of the respective third-party provider may apply additionally or primarily.

  1. Future Offers

In the future, this website may offer, in particular, the following products and services:

The specific scope of each product or service is determined by the respective offer, product page, individual quotation, order confirmation or separate written agreement.

  1. Conclusion of Contract

A contract is concluded only when an offer has been expressly accepted, an order has been confirmed or an individual agreement has been confirmed in writing, by email or through a designated shop or booking system.

The mere presentation of products, works or services on this website does not constitute a legally binding offer unless expressly stated otherwise.

For individually agreed services, commissioned works, songwriting services, creative concepts or consulting, the contract is usually concluded by individual quotation and explicit acceptance.

  1. Prices and VAT

All prices, where sales are made through this website, are shown in the currency indicated.

The provider applies the small business regulation according to Section 19 of the German VAT Act. Therefore, no German VAT is shown where this regulation applies to the respective service or product.

For sales through external platforms, prices, taxes, fees, currencies and payment terms may depend on the information and conditions provided by the respective platform.

  1. Payment Methods

The following payment methods may be offered in the future:

There is no entitlement to a specific payment method. The available payment methods will be displayed during the order process, in the individual offer or on the respective sales platform.

  1. Delivery of Physical Products

Physical products such as books, journals or printed works may be delivered directly by the provider or through external providers such as Amazon KDP, print-on-demand services, booksellers or other shipping partners.

Delivery times, shipping costs, delivery areas and shipping terms are determined by the respective offer or by the conditions of the respective external platform.

For deliveries outside Germany, additional costs, customs duties, taxes or import charges may apply. These are to be borne by the customer unless expressly agreed otherwise.

  1. Digital Content and Downloads

Digital content may include, in particular, e-books, PDFs, audio files, music downloads, digital journals, templates, concepts or other downloadable content.

Digital content is usually provided by download, email, customer account or through an external platform.

The customer is responsible for ensuring suitable technical requirements for downloading, storing and using digital content.

  1. Services and Individual Commissioned Work

Services may include, in particular, songwriting, vocal demos, creative concepts, consulting, coaching, musical or literary commissioned work and other individual services.

Scope, content, dates, revision rounds, usage rights, remuneration and delivery format are determined by the respective offer or by a separate agreement.

For individual commissioned work, performance of the service generally begins only after acceptance of the offer and, where agreed, after payment of a deposit or full remuneration.

  1. Usage Rights

All copyrights and other rights to texts, music, compositions, lyrics, concepts, audio files, demos, drafts, graphics, designs, journals and other creative works remain with the respective rights holder unless expressly agreed otherwise in writing.

The customer receives only those usage rights that are expressly granted in the respective offer, contract or separate licence agreement.

Without prior written permission, it is not permitted to reproduce, publish, commercially exploit, modify, resell, sublicense or transfer to third parties any content, works, drafts, demos, concepts or other services.

For music, songwriting, vocal or creative commissioned work, usage rights, publication rights, credits, participation rights, collecting society matters and commercial types of use must be agreed separately where relevant.

  1. Right of Withdrawal for Consumers

Consumers generally have a statutory right of withdrawal in distance contracts unless a statutory exception applies or the right of withdrawal has expired in accordance with statutory provisions.

Details will be provided in a separate withdrawal policy when active sales through this website begin.

  1. Exclusion or Expiry of the Right of Withdrawal

The right of withdrawal may be excluded or may expire early, in particular in the following cases:

For individual commissioned work, personalised creative services, specially commissioned songs, demos, concepts or consulting services, withdrawal, start of performance and remuneration will be specifically regulated in the respective offer.

  1. Warranty

Statutory warranty rights apply unless deviating provisions are agreed with business customers to the extent legally permissible.

For digital products, creative services and artistic work, a subjective artistic expectation that differs from the delivered result does not in itself constitute a defect if the agreed service has been properly performed.

  1. Liability

The provider is fully liable for intent and gross negligence as well as for injury to life, body or health.

In cases of simple negligence, the provider is liable only for breach of essential contractual obligations. In such cases, liability is limited to the typical and foreseeable damage.

Liability for indirect damage, loss of profit, lack of commercial success, subjective artistic expectations not being met or technical problems outside the provider’s area of responsibility is excluded to the extent permitted by law.

  1. External Platforms and Third-Party Providers

Where products, music, books, downloads, streaming offers or other services are offered through external platforms, the terms and conditions of the respective platform apply additionally.

The provider is not responsible for technical malfunctions, payment processing, delivery conditions, account suspensions, price changes or other processes that fall within the responsibility of external platforms or payment service providers.

  1. No Guarantee of Success

For creative, artistic, musical, literary or consulting services, no specific economic, artistic, personal, health-related, professional or commercial success is guaranteed unless expressly agreed otherwise in writing.

  1. Confidentiality

In individual projects, consulting services or creative work, confidential information may be exchanged. Both parties undertake not to disclose confidential information to third parties without the consent of the other party unless there is a legal obligation to disclose such information.

  1. Language

The contractual language is generally German unless English or another language has been expressly agreed.

English versions of these Terms and Conditions may be provided for the information of international visitors. In case of doubt, the German version shall prevail unless an English contractual version has been expressly agreed.

  1. Applicable Law

The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods.

For consumers, this choice of law applies only insofar as it does not deprive the consumer of mandatory consumer protection provisions of the country in which the consumer has their habitual residence.

  1. Dispute Resolution

The provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

  1. Final Provisions

If individual provisions of these Terms and Conditions are or become invalid, the validity of the remaining provisions shall remain unaffected.

Individual agreements take precedence over these Terms and Conditions.

  1. Note on the English Version

This English version is provided for international visitors. In case of discrepancies, interpretation issues or legal uncertainty, the German version shall prevail unless expressly agreed otherwise in writing.