1. Preamble

Patrick Lenk, Opernring 1/R/745-748 A-1010 Vienna, Austria (hereinafter referred to as “ARTIST”) offers musical content  (hereinafter referred to as “Goods”).

These general terms and conditions (hereinafter referred to as “GTC”) are addressed to persons who wish to use the services for professional purposes (e.g. experts), i.e. entrepreneurs in the sense of section 1 Abs 1 Z 1 KSchG („Austrian Customer Protection Act“) but also private customers (e.g. students) (consumers in the sense of section 1 Abs Z 2 KSchG) (both together hereinafter referred to as “CUSTOMERS”).

For the purpose of better readability, no gender-specific differentiation is made. This is done without any intention of discrimination. All genders are equally addressed.

  1. Scope of application

The GTC regulate the acquisition, use and exploitation of the goods as well as the related entrepreneurial and administrative activities.

In the event of a contradiction, these GTC supersede any general terms and conditions of the CUSTOMER.

Contractual, ordering and business language is English.

These GTC are permanently available on the website of the ARTIST.

  1. Conditions of use

The CUSTOMER is obliged to provide true and complete information in the course of the business relationship and to keep his data up to date at all times. He shall treat his data confidentially. If the CUSTOMER suspects misuse by third parties, he must inform the ARTIST immediately.

The CUSTOMER shall refrain from all actions that could endanger or impair the technical provision of services of the ARTIST (including cyber attacks). Such behaviour will be legally prosecuted.

It is the CUSTOMER’s responsibility to create the necessary electronic infrastructure (in particular e-mail account as well as hardware and software infrastructure) for using the services. This also means that the CUSTOMER has the necessary software and hardware equipment to participate in online training or meetings. The Contractor shall have no obligation to provide information or advice in this regard.

  1. Offer and conclusion of contract

By clicking the button “Pay now” and entering the required data in the input mask, the CUSTOMER makes a binding offer to conclude a contract with the ARTIST. The ARTIST is not obliged to accept this offer, but will confirm receipt of the offer (“order confirmation“). The acceptance of the CUSTOMER’s offer, and thus the conclusion of the contract, is made by the ARTIST by making the services available to the CUSTOMER for download or by accepting the offer explicitly (“contracting confirmation“) via email.

  1. Payment modalities

The prices listed on the website of the ARTIST are in EUR or US-Dollar (depending on your order). In case of doubt, the sales tax is not yet included.

The amounts stated at the time of order shall apply in each case.

Payments are due upon invoicing. The payment options are shown transparently in the webshop.

If the payments are not paid within fourteen days, the ARTIST will charge the legally permissible interest on arrears from the day of maturity. For reminders, expenses of EUR 20.00 per reminder can be charged.

  1. Right of withdrawal according to the Austrian distance selling and foreign trade act (“FAGG”)

This right of withdrawal only applies to private consumers.

The right of withdrawal shall not apply if the delivery of intangible digital content or services is made (i) with the express consent of the CUSTOMER, coupled with (ii) the CUSTOMER’s knowledge of the loss of the right of withdrawal in the event of premature fulfillment of the contract and (iii) after the provision of a copy of the contract or confirmation of the contract.

The CUSTOMER has the right to withdraw from an already concluded contract within fourteen days without giving any reason if the contract was concluded electronically. The revocation period is fourteen days from the day of the conclusion of the contract.

In order to exercise the right of withdrawal, the CUSTOMER must inform the ARTIST of the decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). For this purpose, the CUSTOMER may use the model cancellation form, which is listed in Annex I B of the Austrian distance selling and foreign trade act (https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=20008847) and can also be accessed on the website of the ARTIST.

A declaration of revocation is to be sent to the following address:

Patrick Lenk
Opernring 1/R/745-748
A-1010 Vienna


In order to comply with the withdrawal period, it is sufficient that the CUSTOMER sends the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. If this option is used, the ARTIST will be sent a confirmation of receipt of such revocation. If the CUSTOMER revokes the contractual statement or a contract that has already been concluded, the ARTIST shall return all payments that it has already received from the CUSTOMER without undue delay and no later than within fourteen days from the day on which the ARTIST received the notification of revocation of this contract. For the repayment, the ARTIST shall use the same means of payment that the CUSTOMER used for the original transaction.

If the CUSTOMER has requested that the service should start during the withdrawal period, the CUSTOMER shall pay the ARTIST a reasonable amount corresponding to the proportion of the services already provided up to the time the CUSTOMER notifies the ARTIST of the exercise of the right of withdrawal with regard to this contract, compared to the total scope of the services provided for in the contract. It is pointed out that the major part of the service of the ARTIST will be timely to the conclusion of the contract.

  1. Copyright

The ARTIST grants the CUSTOMER the non-exclusive license to use the goods for an unlimited time, limited in content and location for the purposes of the business relationship (within the meaning of section 24 para 1 first sentence Austrian Copyright Act (“UrhG”)).

Markings of the services, in particular copyright notices, trademarks, serial numbers or similar may not be removed, changed or made unrecognizable.

It is pointed out that any unauthorised use of the contractual goods is strictly prohibited and will be prosecuted under civil and criminal law.

The ARTIST reserves the right to assign his rights to a collecting society (“Verwertungsgesellschaft”).

The ARTIST shall be marked on the contractual goods with the designation:

© Patrick Lenk

as the author. This copyright designation is to be applied in any case in such a way that a clear assignment to the ARTIST is possible. Removing or making unrecognizable the copyright designation constitutes a copyright infringement.

  1. Liability for damages and warranty

The liability of the ARTIST for slight negligence is excluded. The liability is generally limited to the amount of the remuneration paid by the CUSTOMER so far.

The liability of the ARTIST for loss of profit of the CUSTOMER is excluded.

This limitation of liability does not apply with regard to intentional damage, personal injury and under the Product Liability Act.

The ARTIST has prepared all contents to the best of its knowledge and belief. However, if errors should have crept in, the ARTIST shall not be liable for them. However, the ARTIST would be grateful if the CUSTOMER points out the error to him.

  1. Amendment of the GTC

The ARTIST is entitled to amend these GTC at any time. The ARTIST shall inform the CUSTOMER of such changes by sending the amended GTC to the email address last provided to the ARTIST. The CUSTOMER has the right to object to this change. If the CUSTOMER does not object within 14 days from the date of sending this amendment, it shall be assumed that the CUSTOMER has impliedly agreed to the amendment of the GTC. Unilateral and factually unjustified changes to the GTC cannot be implemented in this way.

  1. Data protection and protection of business and trade secrets

The disclosure of data and information to the respective required business partners is permitted to the extent necessary for the fulfilment of the contractual relationship (Art 6 para 1 lit b GDPR).

The ARTIST draws attention to the fact that data of the CUSTOMER may be processed for advertising purposes on the basis of legitimate interests (Art 6 para 1 lit f GDPR). The CUSTOMER may object to this form of data processing at any time (Art 21 para 2 GDPR).

Further information on the processing of personal data can be found in the privacy policy.

  1. Reference-Clause

The ARTIST is entitled to indicate the fact of the business relationship with the CUSTOMER by a reference on its website. The ARTIST is (exclusively) entitled to use the logo of the CUSTOMER in this context. This right also exists beyond this contractual relationship.

  1. Jurisdiction and Applicable Law

This contractual relationship is based on Austrian law and this is deemed to be agreed upon. However, this choice of law may not result in a consumer being deprived of the protection afforded to him by the mandatory provisions of his country of residence (Art 6 number 2 Rome I Regulation). The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) as well as of conflict-of-law rules is excluded.

The exclusive place of jurisdiction shall be Vienna, Austria. If the CUSTOMER is a consumer and has his domicile or habitual residence in Austria or is employed in Austria, the CUSTOMER may be sued in derogation thereof only before those courts in whose district his domicile, habitual residence or place of employment is located.

Reference is made to the possibility of dispute resolution by way of an online dispute resolution platform (Art 14 para 1 S 1 ODR Regulation) (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE) and national consumer arbitration boards. The ARTIST undertakes to participate in such arbitration proceedings if the CUSTOMER is to be qualified as private consumers.

  1. Further issues

Amendments to these terms and conditions as well as supplements to these terms and conditions shall only be valid if they have been agreed and signed in writing.

The ARTIST recommends the CUSTOMER to save these GTC permanently.

(July 2022)

Information pursuant § 5 ECG, § 25 MedienG und § 14 UGB:

Patrick Lenk
Opernring 1/R/745-748
A-1010 Wien


UID: ATU73314059

Member of the Austrian business chamber: https://www.wko.at

Supervising authority: Magistratisches Bezirksamt for the 1 district of Vienna

Applicable law: https://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10007517


Reference is made to the possibility of dispute resolution by way of an online dispute resolution platform (Art 14 para 1 S 1 ODR Regulation) (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE) and national consumer arbitration boards. The ARTIST undertakes to participate in such arbitration proceedings if the CUSTOMER is to be qualified as private consumers.