Creative Sounds - General Terms and Conditions
1 Scope of application
The following General Terms and Conditions apply to all orders placed via our online shop. Our online shop is aimed exclusively at consumers. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.
2 Contractual partner, conclusion of contract, correction options
The purchase contract is concluded with Creative Sounds. Creative Sounds offers the customer the transfer of music titles in the form of MP3 files. By placing the products in the online shop, we make a binding offer to conclude a contract for these items. You can initially place our products in the shopping basket without obligation and correct your entries at any time before sending your binding order by using the correction aids provided and explained in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping basket by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail. The invoice will also be sent by e-mail after receipt of payment.
3. terms of delivery
We deliver free of charge. We only deliver by download. Unfortunately, it is not possible to collect the goods yourself. We do not deliver to packing stations.
4. payment
The following payment methods are available in our shop: Prepayment If you select the prepayment payment method, we will provide you with our bank details in a separate e-mail and deliver the goods after receipt of payment.
Credit card
Enter your credit card details during the ordering process. Your card will be debited immediately after placing the order.
PayPal
In order to be able to pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimise yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after the order is placed. You will receive further instructions during the ordering process. PayPal can offer registered PayPal customers, selected according to its own criteria, further payment methods in the customer account. However, we have no influence on the offering of these modalities; other individually offered payment modalities affect your legal relationship with PayPal. Further information on this can be found in your PayPal account.
Giropay / Paydirekt
In cooperation with the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt a. M. ("giropay" or "paydirekt"), we offer the payment methods giropay and paydirekt. giropay In order to be able to pay the invoice amount via giropay, you must have a bank account activated for online banking, legitimise yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions during the ordering process. paydirekt To be able to pay the invoice amount via paydirekt, you must have a bank account activated for online banking, be registered with paydirekt, legitimise yourself with your access data and confirm the payment instruction.
Amazon Pay
To be able to pay the invoice amount via the payment service provider Amazon Payments Europe S.C.A. 38 avenue J.F. Kennedy, L-1855 Luxembourg ("Amazon"), you must be registered with Amazon, legitimise yourself with your access data and confirm the payment instruction. The payment transaction will be carried out within one banking day of placing the order. A bank business day is any working day with the exception of Saturdays, national public holidays and 24 and 31 December of each year. Further information can be found in the order process.
Sofort Überweisung by Klarna
In order to be able to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, legitimise yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions during the order process. Sofort GmbH is a company of the Klarna Group (Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden). 5 Warranty and guarantees 5.1 Liability for defects The statutory liability for defects applies. The delivery or service of Creative Sounds is free of material defects if it is free of defects at the time of transfer of risk.
5 Warranty and guarantees
5.1 Liability for defects The statutory liability for defects applies. The delivery or service of Creative Sounds is free of material defects if it has the agreed quality at the time of transfer of risk or, if the quality is not agreed, is suitable for the use assumed under the contract, otherwise if it is suitable for normal use and has a quality that is customary for deliveries or services of the same type and the customer can expect according to the type of service. In the absence of any other contractual agreement on the quality, Creative Sounds guarantees the suitability of the delivery or service for normal use, but not its complete technical freedom from defects. Creative Sounds warrants that the MP3 files can be used on the computers/playback devices listed on the Creative Sounds WebShop page. Furthermore, Creative Sounds guarantees that the MP3 files were sent from the source computer at Creative Sounds to the Internet without programme errors.
5.1 In case of defects Creative Sounds can first provide subsequent fulfilment. Creative Sounds is entitled to choose the type of subsequent fulfilment. Subsequent fulfilment takes place by providing new files or by Creative Sounds demonstrating ways to avoid the effects of defects. In the case of defects of title, the subsequent fulfilment takes place by Creative Sounds providing the customer with a legally unobjectionable possibility to use the MP3 files or by replacing the affected service with an equivalent service corresponding to the order, if this is acceptable for the customer. If third parties assert industrial property rights against the customer, the customer will inform Creative Sounds immediately. The customer may not recognise the claims of third parties on his own initiative.
5.2 If the subsequent fulfilment finally fails after several attempts, the customer has the right to reduce the remuneration or to withdraw from the contract. Clause 6 shall apply to claims for damages and compensation for wasted expenditure.
5.3 The customer is obliged to inspect the MP3 files immediately after delivery and to report any obvious defects at least within one week, giving a detailed description.
5.4 The customer's claims for material defects or defects of title shall lapse within one year of delivery in the case of material defects, and within one year of delivery in the case of defects of title if the defect of title does not lie in a right in rem of a third party on the basis of which the delivered item can be reclaimed, and otherwise in accordance with the statutory provisions, unless otherwise agreed. If a material defect or defect of title has been deliberately concealed, the statutory limitation period shall also apply.
6 Rights of use
6.1 The customer shall receive a simple, perpetual right of use to the MP3 files to the extent described below. All rights of use not expressly mentioned remain with Creative Sounds in the relationship between the contractual partners.
6.2 The customer is authorised to use the MP3 files on any technically suitable computer/playback device for his own use and for public and commercial performances. However, the MP3 files may only be used by one person at a time on one computer/playback device, never simultaneously on two or more computers/playback devices, neither by the same customer nor by different persons. The right of use applies only to the original data set of the MP3 files ordered. The customer may make a backup copy of the MP3 files, but may not use it at the same time as the original data. If you present a playback from us with your vocals on YouTube or similar portals or your own homepage as a demo, please add a note to each title: "Playback from playbackfinder.de".
6.3 The customer is not authorised without the prior written consent of Creative Sounds to - to use, reproduce and distribute the MP3 files in any other way than technically described in section 7.2; - to rent, lend or use the MP3 files together with third parties or to authorise their use by third parties in any other way; - to reproduce and distribute adaptations and arrangements made by the customer (including film music and multimedia works, etc.); - to change or remove the copyright notices, other legal reservations, serial numbers and other features serving to identify the data. - to pass on the MP3 files to third parties, unless the customer permanently ceases to use the files and does not retain a copy.
6.4 Creative Sounds expressly draws the customer's attention to the fact that the following uses are subject to GEMA registration and remuneration. - to perform, broadcast or publicly reproduce the music titles or to make them accessible to third parties in any other way; - to produce, perform, broadcast or otherwise publicly reproduce adaptations and arrangements (including film music, multimedia works, etc.). (The consent of the respective rights holder of the music titles themselves (in particular GEMA) is also required here),
6.5 If the use of the MP3 files by the customer does not comply with the requirements of this clause and if Creative Sounds' property rights are infringed as a result, Creative Sounds is entitled to charge twice the remuneration for the corresponding MP3 files as minimum damages without proof. The assertion of further damages is not excluded by this.
7. right of cancellation
The statutory right of cancellation does not apply to download items 8. dispute resolution The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are prepared to participate in an out-of-court arbitration procedure before a consumer arbitration board. The federal universal arbitration board at the Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de, is responsible.
9 Liability
9.1 Creative Sounds will only pay damages or compensation for futile expenses, regardless of the legal grounds (e.g. breach of duty, unauthorised action), to the following extent: - in the case of intent and the assumption of a guarantee with regard to the guaranteed quality in full, - in the event of gross negligence to the amount of the foreseeable and typical damage that should have been prevented by the duty of care, - in all other cases, only in the event of a breach of such an essential obligation that the fulfilment of the purpose of the contract is jeopardised, to compensation for the foreseeable and typical damage, but (at most) up to the order value per individual case of damage.
9.2 The defence of contributory negligence shall remain unaffected. Statutory liability for personal injury and under the Product Liability Act shall remain unaffected by this.
9.3 Creative Sounds is only liable for the recovery of data if the customer has ensured that this data can be reproduced with reasonable effort from data stocks held in machine-readable form. This limitation of liability does not apply in cases of intent and gross negligence.
10. conclusion
All legal relationships arising from this contractual relationship are subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the customer is a merchant, a legal entity under public law or if the customer is domiciled or has a branch abroad, the place of fulfilment and jurisdiction for all disputes is Munich. You have the option of concluding your purchase contract in German or English. In this case Creative Sounds is also entitled to sue at the place of jurisdiction of the customer or at any other place of jurisdiction according to national or international law.
Duty to minimise damages / warnings In the event of the assertion of claims of any kind arising from copyright, competition law and trademark law matters, please contact me immediately to avoid unnecessary legal disputes, warnings and costs. If claims of the above-mentioned kind are asserted, I promise to remedy the situation before a final legally binding clarification, which bindingly excludes any risk of repetition. A cost note of a lawyer's warning without prior contact would then be rejected due to non-compliance with the obligation to minimise damages.