§ 1 Scope of applicability, Definitions
(1) The following Terms and Conditions, in their valid version at the time of placing an order, apply to the contractual relationship between the online shop provider (hereinafter: “provider”) and the customer (hereinafter “customer”). Deviating Terms and Conditions of members shall not be recognized unless the Provider has explicitly consented to them in written form.
(2) The customer is a consumer, if he does not conclude the purchase contract primarily for commercial purposes or activities of self-employment. Entrepreneurs, on the other hand, are natural or legal persons, or partnerships, which conclude the purchase contract for their commercial purposes or activities of self-employment.
§ 2 Conclusion of Contract
(1) The customer may choose an item from provider’s range of products and place it in a so called shopping cart by clicking the button “shopping cart”. Upon selection of the desired products and clicking on the button “checkout”, the customer will be asked to provide personal data and select the payment / shipping method. By clicking on the button “place a binding order”, the customer completes the ordering process and enters into a legally binding contract with an obligation to pay the purchase price. The customer may review and change the provided information at any time before transmitting the order.
(2) After the order has been placed, the provider will send the customer an automatically generated email confirmation, which contains all details of the order. The customer may print the email by using the function “print”. This automatic confirmation only documents the order’s receipt and does not constitute a legally binding acceptance of customer’s order. The provider can accept the order within a period of three days by sending a separate order confirmation via email.
§ 3 Reservation of Ownership
The provider retains ownership of the goods until full payment has been received.
§ 4 Price
All product prices on provider’s website include the respectively valid turnover tax.
§ 5 Payment Modalities
(1) The customer may only pay in advance.
(2) The payment is due immediately upon concluding the contract.
§ 6 Statutory Warranty, additional Guarantees
(1) The statutory warranty provisions apply to all products and services offered by the provider. If the customer is entrepreneur, the warranty period for all items delivered by the provider shall amount to 12 months.
(2) A separate guarantee for the goods, other than the statutory warranty, can only be valid if explicitly provided in the product’s order confirmation.
§ 7 Liability
(1) Customers can make no claims for damages. This shall not apply to claims resulting from the loss of life, bodily injury, health damages or the breach of the essential contractual obligations (cardinal obligations) as well as other to claims for other damages resulting from an intentional or grossly negligent contract breach by the provider or his legal representatives or agents. Contractual obligations are essential if their fulfillment is a necessary requirement to reach the contract’s purposes.
(2) In case of a breach of the essential contractual obligations, provider’s liability shall be limited to the typical, forseeable damages, as long as the breach was caused by an act of simple negligence. This shall not apply, if the damages claims result from the loss of life, bodily injury or health damage.
(3) The above mentioned liability limitations shall also apply to provider’s legal representatives and agents, in case claims have been made directly against them.
(4) The regulations of the Products Liability Act (Produkthaftungsgesetz) shall remain unaffected.
§ 8 Intellectual Property Rights, License
(1) Provider shall grant customer a non-exclusive, non-transferable and unlimited in time right of use (license) with respect to the purchased digital content, as long as customer has paid the entire purchase price. Customer is not allowed to sublicense the products. Additionally, the provisions in the (License Agreement) apply.
(2) Provider remains the content’s sole copyright owner. The customer is not allowed to remove or modify the copyright notice, serial numbers or any other identification signs on the products. Making the templates available to the public is prohibited. In Particular, customer is not allowed to upload the templates to his own website or other websites for downloading purposes, to copy the templates to carriers, thus making them available to third parties without provider’s explicit written consent and with the exception of private use.
(3) The license shall expire in case a statutory or contractual right to withdrawal is exercised, which leads to reversal of contract. In this case, customer shall undertake to delete all saved data, unless mandatory legal provisions prohibit him from doing so. Customer shall further undertake to delete any copies of the contents in carriers without delay or give them back to provider.
(4) Big Sound Samples may be obtained royalty free and used without limitation. If the Samples contain a linear succession of musical tones however (melody), they may only be used as long as the author’s name (“Copyright: ”) is indicated. Melodies may not be transferred to third parties
§ 9 Final provisions
(1) The laws of the Federal Republic of Germany shall apply to all legal relationships between the customer and the provider. The provisions of the CISG shall not apply.
(2) The provider shall keep the present Terms and Conditions and other contractual provisions available for the customer during the ordering process. The customer may save all relevant information by downloading the Terms and Conditions and the data collected during the ordering process by using his browser’s functions.
(3) The languages of contract are German and English.
(4) If the customer is a commercial trader, a public legal entity or a public special asset, the place of jurisdiction for all legal disputes arising from this contract between the customer and the provider shall be the provider’s place of residence.
(5) If any clause of the present Terms and Conditions proves entirely or partially invalid, this shall not affect the validity of the remaining provisions. In this case, the invalid clause shall be replaced by the statutory provisions. If this proves to be an unreasonable burden for any of the contractual parties, the contract shall be considered invalid as a whole.
Status as of February 2015