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Detailed description and general terms and conditions

Welcome to our website, www.emb.hu. The general terms and conditions of www.emb.hu and www.kotta.info are regulated as follows:

1 Definitions

1.1 T&C:               this detailed description and general terms and conditions;
1.2 Website:         www.emb.hu and www.kotta.info websites together
1.3 Webshop:        the shop providing electronic commercial services on www.kotta.info;
1.4 Sheet Music:    sheet music sold in the Webshop in digital and printed form;
1.5 User:               Visitor of the Website and registered user, customer of the Website;
1.6 EMB:               Editio Musica Budapest Zeneműkiadó Kft.

2 Data of the Website operator

This Website is operated by EMB. Data of EMB is the following:

Company name:                   Editio Musica Budapest Zeneműkiadó Kft.
Seat:                                    1132 Budapest, Visegrádi utca 13., Hungary
Tax number:                         25989575-2-41
EU Community tax number:    HU25989575
Company registry number:     01-09-300310
Incorporating court:              The Budapest Metropolitan Court as Companies Registry

3 Scope and binding force of T&C

 User accepts the following terms and conditions – which may change from time to time- as binding by visiting the Website, searching and accessing data, registration on the Website, shopping on the Webshop or any other use of the Website.

Date of publishing T&C in force: 25 May 2012

4. Data management

4.1 EMB ensures secure management of User’s data that is necessary for accessing the Website and shopping in the Webshop in accordance with the legal provisions in force – especially the Act CXII of 2011 on the right of informational self-determination and the freedom of information, the Act C of 2003 (hereinafter: AEC) on electronic communications and the Act CVIII of 2001 on electronic commerce and on information society services (hereinafter: Act on electronic commerce).

4.2 During the operation of the Website the necessary data of the User required for connection to the Website, maintaining connection and operation of the system are automatically recorded. This data is managed in accordance with section (3) of paragraph 154 of AEC and section (3) of paragraph 13/A of the Act on electronic commerce.

4.3 For shopping in the Webshop, a previous registration is required. EMB records and stores the following data necessary for the purchase and delivery in the course of the registration:

4.3.1 Essential data for shopping in the Webshop and delivery:

a.     Basic login data: e-mail address, password;

b.     Billing address: country, surname, first name, ZIP-code, location, street, number, floor;

c.     Shipping address, the same data are required listed under billing address, if they are different from billing address.

The above mentioned data are managed safely according to sections (1) – (3) of paragraph 13/A of the Act on electronic commerce.

4.3.2 Data for easing shopping in the Webshop that the User may choose to grant:

a.    Telephone number, fax number, other voluntarily given data in connection with the billing address;

b.    The same data listed under billing address, in connection with shipping address.

Providing the data specified in point 4.3.2. qualifies as acceptance and agreement to the management of the above data.

4.4 In case the User wishes to be informed about the latest news and offers of EMB, User may choose to subscribe for EMB’s newsletter. By subscribing, User accepts that EMB regularly sends newsletters and other informative and marketing material to their e-mail address and EMB manages their e-mail address and password for that reason. User may unsubscribe from the newsletter by clicking on the link in the newsletter, in which case the personal data kept for this purpose are deleted immediately.

4.5 EMB and potentially further service providers place a piece of data, a cookie on User’s computer in order to ease Webshop transactions, personalized service and improve User’s experience. Accepting these T&C qualifies as acceptance of the use of cookies. In case User does not wish to use cookies, User may choose to disable them at any time. Disabling the cookies may block some functions of the Website and it is possible that some services become unavailable.

4.5.1 By using cookies EMB records and keeps the following data according to the following rules:

a.    Content of the Cart of User for 30 days after the last visit;

b.    The language and country chosen by User for 365 days after the last visit;

c.    Secret identifiier by regsitered User necessary for entrance for the session.

4.5.2 The following service providers may also place cookies on the Website:

a.    Google Analytics - Google Inc., 1600 Amphitheatre Parkway Mountain View, California, 94043, USA, further information available at: http://www.google.com/analytics/learn/privacy.html

b.    AddThis Sharing Tools, AddThis Analytics - Clearspring Technologies, Inc, 8000 Westpark Drive, Suite 625 McLean, VA 22102, USA, further information available at: http://www.addthis.com/privacy

c.     Facebook Like Button Social Plugin - Facebook Inc., 1601 S California Ave, Palo Alto, CA 94304, USA, further information available at: http://www.facebook.com/about/privacy/your-info-on-other

4.6. EMB rents the server assuring the operation of the Website from GTS Hungary Kft, thus the personal data of User is processed by GTS Hungary Kft. as data processor as follows:

a.    Data of the data processor: GTS Hungary Távközlési Kft., 2040 Budaörs, Ipartelep u 13-15.

b.    Place of data procession:  1117 Budapest, Hauszmann Alajos u. 3/A.

c.    Activity of the data processor concerning data procession: recording, storing and transfer of personal data.

4.7 Entivo.hu Kft develops and operates the Website for EMB, Entivo.hu Kft. processes the personal data of User as follows

a.    Data of the data processor: Entivo.hu Kft., 1192 Budapest, Almavirág tér 3. fsz. 1.

b.   Place of data procession: 1192 Budapest, Almavirág tér 3. fsz.1.

c.    Activity of the data processor concerning data procession: request of personal data of Users, compiling, modification of data.

4.8 If User buys Sheet Music by arranging the payment through the system of PayPal, PayPal records and stores data indicated in their Terms and Conditions with respect to the contract concluded by and between the User and EMB. The identification data of payPal and further information with regards to the data management is available at:

PayPal, Inc., 2211 N. First St., San Jose, CA 95131, USA,

https://cms.paypal.com/cgi-bin/marketingweb?cmd=_render-content&content_ID=ua/Privacy_full&locale.x=en_US

4.9 By accepting these T&C User also gives consent to the storing of personal data. EMB manages personal data from the registration date until the request for deletion. EMB deletes the personal data stored within 5 working days from the request.

4.10 The billing and shipping data of Users purchasing Sheet Music are forwarded to the business operation system of EMB operated at the business unit of EMB, where the above data are stored in accordance with the Hungarian Accounting Act even after the deletion of the registration from the Website.

4.11 EMB does not connect User’s personal data listed under 4.2 – 4.7 to each other, and does not use them for other purposes without User’s permission.

4.12 User’s rights concerning data procession

4.12.1 On User’s request EMB informs User pf the circumstances of the management and processing of the personal data, corrects incorrect personal data, and deletes or blocks data other than those managed by authorization granted by law (compulsory data management).

4.12.2 User may change the personal data under “ My Personal data” section of the Website.

4.12.3 With the exception of data management based on authorization granted by law (compulsory data management), User may object to the management of personal data which case is examined by EMB within 15 days. Following this, EMB informs User of their opinion in writing. If User does not agree with the decision of EMB or did not receive EMB’s opinion, User is entitled to take action within 30 days of receipt of information or after the expiry of the 15 days period without any response from EMB.

4.12.4 In case of violation of User’s rights of personal data management, User is entitled to commence court proceedings or the procedure of the Hungarian National Authority for Data Protection and Freedom of Information.

5 Registration on the Website

Shopping in the Webshop requires previous registration on the Website.

User may start registration by clicking on the sign “Registration” in the header of the Website and giving their e-mail address. EMB then sends a confirmation e-mail for the User, and User finishes registration by clicking on the link in the confirmation e-mail. At this phase User has to provide billing and shipping address and choose a “favourite” sheet music shop – the shop in which they wish to receive the Sheet Music ordered – in case they do not order directly from EMB. User may change this data and the password any time, however it is not possible to change shipping and billing address in the process of a pending order.

6 Purchasing Sheet Music

6.1. User may purchase EMB Sheet Music in digital or printed form in the Webshop. The purchase contract is not deemed to form a written contract, EMB does not register it and is not available afterwards.

6.2. User has the opportunity to choose the Sheet Music they wish to buy and the shop where they wish to buy that. In this case the order is sent to the chosen shop by EMB and EMB acts solely as an agent. In this case EMB and the User are not in a contractual relationship.

In some countries EMB cooperates with distributors authorized with exclusive rights of selling, therefore, in this case, User’s order is sent to local agents by EMB. Countries affected by this are: Australia, France, Germany, The Netherlands, Italy, Switzerland, Taiwan, United Kingdom, USA.

6.3. The purchase process

6.3.1. Collecting Sheet Music in a cart

Similarly to an offline shop, User needs to put the Sheet Music chosen into a (in this case, virtual) cart.

For this purpose User may find Sheet Music in various ways with the help of the search function.

a.            If the User knows the catalogue number of the Sheet Music, it can be found by entering this number into the “search” line on top of the site and by clicking on the search button. Items can be put into the cart by clicking on the “put in cart” sign or the cart icon. If User wishes to see more data of the Sheet Music, a more detailed datasheet opens by clicking on the title or the picture of the Sheet Music. There is a button for putting the item into cart as well.

b.           User may type the name of the author, the title or part of the title, the name of the instrument or the combination of these into the search line on the top.
Example: If User is looking for the piano piece “For Children” by Bartók Béla, it can be found by typing either of the following expressions:

·         Bartók For Children for piano

·         Piano children Bartók

·         Pian chil bart

c.             User may search by using “Advanced search” in which case the author and the title has to be indicated, all other data can be chosen from the list (instrument, genre, sequel, publisher).

d.           With the “Browsing” function User may search from lists assorted by author, instrument.
User may put both printed and digital Sheet Music into cart. The items can be removed from the cart until sending the order.

6.3.2. Purchasing digital Sheet Music, completion

Downloadable (digital) Sheet Music can be purchased with credit card directly or via Pay Pal. Sheet Music can be printed directly after payment is completed. For printing, User has to sign in to the Website.

For viewing and printing digital Sheet Music, User has to download Scorch plugin that has the following system requirements:

Windows: Windows XP SP2 or Windows Vista, Internet Explorer 7 or latter, Mozilla Firefox, Netscape 7 or latter, 20MB free disc space.

Mac OS X: 10.4 or latter, Safari (Safari 4 recommended), Mozilla Firefox, Netscape 7 or latter, 20MB free disc space.

User may find digital Sheet Music under „User profile” menu on „Printable sheet music” site after purchasing. Click on „Print” to print Sheet Music. Each Sheet Music can be printed once, directly after purchasing. In case User faces technical problems and is not able to print Sheet Music, they may contact EMB customer service. On the bottom of the Sheet Music EMB indicates User’s name, purchased quantity and purchase identification number, thus User can certify the copyrighted Sheet Music as original.

6.3.3. Purchasing and delivering printed Sheet Music

EMB sends printed Sheet Music within two days following payment by credit card or Pay Pal. (User can find an English language description on PayPal here)

Postal charges in Hungary are HUF 735. The postal charger for orders above HUF 6000 within Hungary is born by EMB.

Postal charges abroad varies for each country. The accurate amount appears in the cart before submitting the order

If User does not receive a Sheet Music that is on stock within a week or a Sheet Music that has to be ordered from abroad within 4 weeks from order, the User shall contact the customer service of EMB.

6.4. Forwarding an order to the Sheet Music store

If User does not wish to purchase Sheet Music directly from the Webshop, but wishes the order to be forwarded to the shop instead, EMB forwards the User’s order to the shop chosen by User. In this case the purchase is concluded between the User and the selected shop, and the price of the Sheet Music is to be paid towards the shop accordingly instead of the online payment system of the Webshop.

User receives a confirmation letter on the forwarding of the order. Within two working days the selected shop contacts the User and they agree on the terms and ways of payment and receipt. Some shops may undertake door-to-door delivery, the charge of which may vary. If User requests a door-to-door delivery from the shop, the shop shall inform the User on the charge. In this case the provisions of 6.3.3. do not apply.

6.5. Invoice, electronic invoice, bill

6.5.1 According to User’s choice, EMB issues a printed or electronic invoice on the purchase.

6.5.2 If User orders digital Sheet Music, and does not request the issue of an invoce of the purchase, EMB issues a bill on the purchase.

6.5.3 EMB sends the printed invoice in case of purchasing a printed Sheet Music simultaneously with the delivery.

6.5.4 Electronic invoice can be found under “User profile”, My orders page within 24 hours from order processing.

EMB issues electronic invoice in PDF format with an electronic signature approved by taxation authorities and a time marker. The electronic invoice is suitable for taxation identification only in its electrical form. Downloading and archiving the electronically signed invoice is the responsibility of the User as taxable person.

7 Copyrights

By the provisions of the Act on Copyright modified in 2004, the sheet music of a copyrighted piece shall not be copied, not even for private purposes as this action is against the law. Thus Sheet Music must not to be photocopied, scanned, photographed or multiplied in any other reprographic way.

8 Special provisions on choral works

The minimum order quantity of choral works is 20 pieces as these items are to be used according to the number of the chore number. Choral work in one copy may only be purchased as a chorus-master copy with a stamp on the image preventing copying. The Website contains free sample pages and in many cases a recording from choral works.

9 Warranty

9.1 EMB selected its supply from ten thousands of sheet music from a number of domestic and international music publishers. EMB acts with the utmost care to have updated information on the Webshop regarding the description, availability and price of Sheet Music. In case the Sheet Music does comply with the description on the Webshop or contains a misprint that prevents usage, EMB takes it back and pays back the price.

9.2 The provisions of 9.1. shall not prevent User to use their statutory rights of warranty and respective legal actions.

10 The right of withdrawal

10.1 The User who is to be considered as consumer under the provisions of the Hungarian Civil Code and the Act CLV of 1997 is entitled to withdraw from the purchase contract in case of purchasing a printed Sheet Music according to the provisions of the Government Regulation 17/1999 (II.5.) on the protection of consumers in respect of distance contracts (hereinafter “Government Regulation”). User may exercise the right of withdrawal from purchase within 8 days, but at a maximum period of 3 months after the receipt of the Sheet Music or, in case the confirmation on the signing of contract is received later, the date of the receipt of the confirmation by returning the Sheet Music to EMB. The direct cost of returning the Sheet Music shall be born y User without any further costs.

10.2. A User that is not to be considered as consumer is not entitled to the right of withdrawal according to the Government Regulation. However, such User is entitled to withdraw from the contract after the order but within 24 hours before the delivery of the Sheet Music, if the User informs EMB customer service of this intention by e-mail, telephone within reasonable time. In this case User has no obligation to pay any charges.

10.3. In case of digital Sheet Music which is considered non-returnable goods by nature, the right of withdrawal cannot be exercised according to point c) of paragraph 5 of Government Regulation 17/1999.

11 Miscellaneous

11.1. These T&C is prepared in Hungarian and English, and the purchase contract on Sheet Music is drawn up in Hungarian or English according to the choice of the User.

11.2. The provisions of Hungarian law shall apply regarding these T&C and the purchase contracts on Sheet Music. In case of any legal dispute the Hungarian courts are competent.

11.3. EMB customer service

User remarks, questions are welcome on the following channels:

Email: info­@­emb.hu
Telephone: 8-16 on working days:
06-1-2361-104
Office address: 1132 Budapest, Victor Hugo utca 11-15, V. emelet 53

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