Information on the conclusion of licence agreements via the GEMA Online Portal
The following information shall apply for licence agreements for the use of musical works that are concluded via the GEMA Online Portal (www.gema.de/portal) between
Gesellschaft für musikalische Aufführungs- und mechanische Vervielfältigungsrechte, Bayreuther Straße. 37, 10787 Berlin, Phone: + 49 (0) 30 21245-00, kontakt@gema.de
(hereinafter referred to as “GEMA”)
and
the licensee mentioned in item 2.
1. Scope of application, definitions
(1) The following information applies to the business relationship between GEMA and its licensees and becomes part of the licence agreement concluded between GEMA and the licensees via the Online Portal. The General Terms and Conditions which are also agreed upon when a licence agreement is concluded between GEMA and the licensee, shall remain unaffected.
(2) Licensees are considered to be users insofar as they conclude a licence agreement with GEMA for purposes that can predominantly be attributed to neither their commercial nor their independent professional activities. Licensees are, however, considered to be businesses insofar as they conclude a licence agreement with GEMA while acting in their commercial or independent professional activities.
2. Concluding an agreement via the Online Portal
(1) GEMA offers its licensees to conclude a licence agreement via the GEMA Online Portal. Licensees can indicate the purpose or occasion they wish to use the musical works for. On the basis of their information, GEMA will propose the appropriate tariff offered by it. The tariff offered by GEMA constitutes a binding offer to conclude a licence agreement.
(2) If the licensees agree to the proposed tariff, they can, by submitting additional details regarding the use (e.g. time, place/venue, room size, admission/ticket price, type of music use) have the total price determined for the licence fees as part of the licence agreement (including Value-Added-Tax and, where applicable, remuneration payable for other collective management organisations). By clicking on the button “accept contract offer with obligation to pay”, licensees make a binding declaration that they accept the offer of GEMA to conclude a licence agreement subject to the conditions set out in the course of their order. Prior to sending their notice of acceptance, licensees can change and view the data at any time. The offer can, however, only be accepted and transmitted if licensees accept the General Terms and Conditions of GEMA for concluding a licence agreement by clicking on the button “accept GTCs” and thus have incorporated them into their notice of acceptance. Once the order has been completed by the licensees, the licence agreement between GEMA and the licensees has been made.
(3) GEMA then sends the licensees an automatic confirmation of receipt by e-mail which lists the details of the licensees and selected tariff once more and which can be printed by the licensees via the “print” function. In this or a separate e-mail, GEMA will send the contractual text (consisting of the order and the GTCs) to the licensees on a durable data storage medium (e-mail). The contractual text will also be stored subject to data protection regulations. Licensees also have the option to view the contractual text in the Online Portal and to save it on their terminal devices.
(4) The agreement shall be concluded in German.
3. Awards
All prices which are shown in the Online Portal are deemed to include the respective VAT and any remuneration that GEMA collects on behalf of other collective management organisations.
4. Methods of payment
The payment of the licence fee as agreed in the licence agreement shall be made on account. The invoice will be sent to the licensees after the licence agreement has been concluded by post or e-mail. Terms and conditions of payment, particularly the deadline for the settlement of the invoice are set out in the invoice and the General Terms and Conditions.
5. Right of revocation
Insofar as licensees conclude the licence agreement as users within the meaning of item 1 (2), they shall have a statutory right of revocation.
The statutory right of revocation shall give licensees the right to revoke the licence agreement within fourteen days without stating any reasons.
The period for revocation shall be fourteen days from the day of the conclusion of the contract.
Licensees can exercise their right of revocation by informing GEMA ([Postanschrift Kunden Center], kontakt@gema.de) by making an unequivocal declaration (e.g. a letter sent by post or an e-mail) about their decision to revoke the licence agreement. Licensees can use the revocation template but it is not mandatory.
To adhere to the period for revocation it is sufficient if licensees send the notice of exercising the right of revocation before the end of the period for revocation.
Consequences of revocation
If licensees revoke the licence agreement, GEMA must reimburse all payments that it received from them until then without delay and no later than within fourteen days from the day that GEMA received the notice of your revocation of this contract. GEMA shall use the same payment method which was used for the original transaction unless it had expressly agreed upon a different payment method with the licensees; under no circumstances is GEMA going to charge costs because of these reimbursements.
Expiry of the right of revocation
The statutory right of revocation shall expire when GEMA has fully performed the licensing process. The licence is fully issued by GEMA with the conclusion of the licence agreement provided that the licensees have given their express agreement to the licence being issued and have, at the same time, confirmed that they are aware of losing their right of revocation once the licence has been fully issued.
6. Contact options for the licensees
Regarding any questions on the licence agreement or general queries or claims, licensees can contact the GEMA customer centre at the following addresses:
GEMA customer centre
D-11506 Berlin
Phone: +49(0) 30 588 58 999
E-mail: kontakt@gema.de
INFORMATION ON PROCESSING DATA OF LICENSEES
(ART. 13, 14 GDPR)
The data protection policy of GEMA applies. Information on data protection, in particular information according to Art. 13 GDPR, is published on the GEMA website under www.gema.de/en/data-protection.