Genre
General Terms and Conditions (GTC)
Table of Contents
- Scope
- Contracting Party
- Conclusion of Contract
- Prices and Payment Terms
- Provision of Digital Content
- Rights of Use and Licence Terms
- Warranty
- Liability
- Final Provisions
1. Scope
These General Terms and Conditions (GTC) apply to all contracts for the purchase of digital products, in particular MIDI files and other digital content, concluded between
Soundsoft – Professional Midifiles
Owner: Sven Gebauer
Loderslebener Str. 15
06268 Leimbach
Germany
(hereinafter “Soundsoft” or “Seller”) and its customers via the online shop www.soundsoft.de.
Any deviating, conflicting or supplementary general terms and conditions of the customer shall not become part of the contract unless their application has been expressly agreed to in writing.
These GTC apply both to consumers within the meaning of Section 13 BGB (German Civil Code) and to traders within the meaning of Section 14 BGB, unless the respective provisions expressly provide otherwise.
2. Contracting Party
The purchase contract is concluded with:
Soundsoft – Professional Midifiles
Owner: Sven Gebauer
Loderslebener Str. 15
06268 Leimbach
Germany
Phone: +49 (0)34771 23721
Email: info@soundsoft.de
Our offer is directed both at consumers within the meaning of Section 13 BGB and at traders within the meaning of Section 14 BGB.
The authoritative contract language is German.
The contract text is stored after conclusion of the contract in accordance with the statutory provisions. Customers with a customer account can view their order data and previous orders after logging into their customer account. In addition, customers receive an order confirmation by email as part of the ordering process.
3. Conclusion of Contract
3.1 Presentation of Products
The digital products displayed in the online shop do not constitute a legally binding offer, but rather a non-binding invitation to the customer to submit an offer to conclude a purchase contract.
3.2 Order
By clicking the button “Place order with obligation to pay”, the customer submits a binding offer to conclude a purchase contract for the digital products contained in the shopping cart.
Before submitting the order, the customer has the opportunity to review all entries and correct them if necessary.
3.3 Acceptance of the Contract
Receipt of the order is automatically confirmed to the customer by email immediately after submission. This automatic confirmation does not yet constitute acceptance of the contractual offer.
The purchase contract is concluded only when we expressly accept the order by means of an order confirmation or make the purchased digital content available to the customer for download.
3.4 Provision of Digital Content
Depending on the selected payment method, the purchased digital content is made available immediately after successful completion of the payment process or at the time stated in the respective offer.
The digital content is made available to the customer via their customer account and – where technically provided – via the order confirmation or a download link.
3.5 Contract Language
The language available for concluding the contract is German.
3.6 Storage of the Contract Text
We store the contract text in accordance with the statutory provisions. Customers with a customer account can view their orders and order data after logging into their customer account. Irrespective of this, the customer receives a confirmation by email after completing the order.
4. Prices and Payment Terms
4.1 Prices
The prices displayed in the online shop at the time of the order apply. All prices are stated in euros (€) and include statutory VAT where applicable by law.
As the products offered are exclusively digital content for download, no shipping costs are incurred.
4.2 Payment Methods
The payment methods displayed during the ordering process are available to the customer. These may include in particular:
- PayPal
- Credit and debit card (via PayPal)
- Apple Pay
- Google Pay
The payment methods available in each case may vary depending on the order value, the customer's place of residence or technical requirements. There is no entitlement to the provision of a particular payment method.
4.3 Payment Processing
Payment processing is carried out via the payment service provider PayPal used by us. Supplementary contractual terms of the respective payment service provider may apply to individual payment methods.
Further information on the processing of personal data in connection with payment processing can be found in our Privacy Policy.
4.4 Due Date
The purchase price is due immediately upon completion of the order. As a rule, the digital content is made available only after successful completion of the payment process, unless otherwise stated in the respective offer.
4.5 Tiered Prices
Quantity-dependent discounts (tiered prices) may be granted for selected products. Only the prices displayed in the online shop at the time of the order are authoritative.
Discounts and tiered prices are automatically taken into account during the ordering process provided the respective requirements are met.
4.6 Vouchers and Promotional Discounts
Promotional vouchers and discount campaigns may only be redeemed during the period stated in each case and exclusively under the applicable conditions. Cash payment or subsequent crediting against orders already completed is excluded unless otherwise required by law.
5. Provision of Digital Content
5.1 Subject Matter of the Contract
The subject matter of the contract is the provision of digital content, in particular MIDI files and other digital products offered exclusively in electronic form for download.
No delivery on physical media or in any other tangible form takes place unless expressly stated otherwise in the respective offer.
5.2 Provision of Downloads
After successful completion of the order and – where required – successful receipt of payment, the purchased digital content is made available to the customer for download.
Provision is made via the customer account and/or an appropriate download link where technically provided.
5.3 Technical Requirements
The customer is responsible for providing the technical requirements necessary to use the purchased digital content. This includes in particular suitable hardware and software as well as a functioning internet connection.
Before purchasing, the customer is responsible for checking the compatibility of the products offered with the hardware and software they use. The technical requirements stated in the respective product description must be observed.
5.4 Download Availability
We endeavour to make purchased digital content permanently available for re-download. However, there is no entitlement to unlimited availability over time or to a renewed download option.
We therefore recommend backing up the purchased files on the customer's own storage medium immediately after downloading.
5.5 Customer's Duties to Cooperate
The customer is obliged to check the digital content provided for completeness and obvious defects immediately after downloading and to report identifiable defects promptly.
5.6 Force Majeure and Technical Disruptions
If the provision of digital content is temporarily impossible due to disruptions to telecommunications networks, force majeure or other circumstances for which we are not responsible, this does not give rise to a claim for damages. Provision will be completed without undue delay once the disruption has ceased.
6. Rights of Use for MIDI Files
6.1 Grant of the Right of Use
Upon full payment of the purchase price, the customer receives a simple, non-exclusive, non-transferable and unlimited-in-time right to use the purchased digital MIDI files to the extent described below.
Copyright and all further rights to the MIDI files offered remain exclusively with Soundsoft or the respective rights holders.
6.2 Permitted Use
The customer is entitled to
- use the purchased MIDI files for their own private or professional musical purposes,
- store and use the files on their own devices,
- make one backup copy solely for data backup purposes,
- edit the files for their own use or adapt them to their own technical requirements.
6.3 Prohibited Use
Without Soundsoft's prior express written consent, it is prohibited in particular to
- pass on, sell, give away or otherwise transfer MIDI files in whole or in part to third parties,
- rent or lend MIDI files,
- make MIDI files publicly available for download or make them accessible via internet platforms, cloud services, file-sharing networks or comparable systems,
- place MIDI files in databases or collections accessible to third parties,
- remove or alter copyright notices, serial numbers or other markings,
- enable third parties to use the purchased files on a permanent basis.
6.4 Modifications
Modifications of the MIDI files for the customer's own use are permitted. However, modifications do not create any further rights of use. The modified files may likewise not be passed on to third parties, sold or made publicly accessible.
6.5 Public Use
The purchase of MIDI files does not replace any licences or permissions that may be required for public performances or other uses relevant under copyright law. The customer is responsible for obtaining the rights required for their use from the competent collecting societies or rights holders.
6.6 Consequences of Prohibited Use
If the files are used outside the rights granted, statutory claims of the respective rights holders or of Soundsoft may be asserted against the customer. Further statutory claims remain unaffected.
7. Warranty
7.1 Statutory Liability for Defects
The statutory provisions on liability for defects apply to our digital products unless otherwise provided below.
7.2 Characteristics of the Digital Content
Our MIDI files are created, checked and tested with the greatest possible care before publication. The agreed characteristics are determined exclusively by the product description and the technical characteristics specified at the time the contract is concluded.
7.3 Technical Requirements
Before purchasing, the customer is obliged to inform themselves about the technical requirements and compatibility of the MIDI files offered with their hardware and software. The system requirements stated in the respective product description must be observed.
No warranty is provided for restrictions or malfunctions resulting from unsuitable or incompatible hardware or software used by the customer.
7.4 Notification of Defects
If digital content is provided incorrectly or incompletely despite careful quality control, we ask the customer to notify us without undue delay. Justified defects will be remedied in accordance with the statutory provisions by rectification or replacement provision.
7.5 Changes Made by the Customer
No warranty is provided for errors or impairments caused by modifications to the MIDI files, improper use, incorrect installation or other interventions by the customer or third parties.
7.6 Liability for Data Loss
The customer is obliged to back up the purchased digital content on their own storage medium after downloading. Within the scope of the statutory provisions, no warranty is assumed for data loss caused by a failure on the customer's part to make a backup.
7.7 Exclusion of Further Guarantees
To the extent permitted by law, no guarantees are given beyond the statutory rights in respect of defects. A guarantee as to quality or durability exists only if expressly agreed in writing.
8. Liability
8.1 Unlimited Liability
We are liable without limitation for damage resulting from an intentional or grossly negligent breach of duty by Soundsoft, its legal representatives or vicarious agents.
We are likewise liable without limitation for damage arising from injury to life, body or health and in cases where liability is mandatory under statutory provisions.
8.2 Liability for Ordinary Negligence
In the event of a slightly negligent breach of essential contractual obligations (cardinal obligations), our liability is limited to the damage typical for the contract and foreseeable.
Essential contractual obligations are obligations whose fulfilment is necessary for the proper performance of the contract in the first place and on whose observance the customer may regularly rely.
8.3 Exclusion of Liability
In all other respects, liability for damage caused by ordinary negligence is excluded to the extent permitted by law.
8.4 Technical Requirements
We accept no liability for restrictions on use resulting from unsuitable hardware or software, incorrect system settings, inadequate technical requirements or other circumstances outside our area of responsibility.
8.5 Internet and System Disruptions
We are not liable for temporary restrictions on the availability of our online shop or the downloads provided insofar as these are due to technical internet disruptions, force majeure, maintenance work or other circumstances for which we are not responsible.
8.6 Data Backup
The customer is obliged to back up the purchased digital content on their own storage medium after downloading. We are liable for damage resulting from failure to make a backup only in accordance with the preceding provisions.
9. Final Provisions
9.1 Applicable Law
The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
In relation to consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence.
9.2 Place of Jurisdiction
If the customer is a merchant, a legal entity under public law or a special fund under public law, or if the customer has no general place of jurisdiction in Germany, the place of jurisdiction for all disputes arising from contractual relationships between the customer and Soundsoft shall be the Seller's registered place of business.
Mandatory statutory places of jurisdiction remain unaffected.
9.3 Severability Clause
Should individual provisions of these General Terms and Conditions be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.
The statutory provisions shall apply in place of the invalid or unenforceable provision.