Terms of service

General Terms and Conditions (GTC)

 

§ 1 Scope and Contracting Party

 

  1. These General Terms and Conditions (GTC) apply to all contracts concluded between this shop and the customer concerning the purchase of digital music products (Sample Packs) via the Seller's online shop.

  2. Any deviating terms of the Buyer are hereby rejected, unless the Seller has expressly agreed to them in writing.

 

§ 2 Conclusion of Contract

 

  1. The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to place an order.

  2. By clicking the "Buy Now" or "Place Order" button, the Buyer places a binding offer to purchase the goods in the shopping cart.

  3. The contract is concluded when the Seller accepts the Buyer's offer, either by sending an explicit order confirmation via email or by providing the download link/access to the digital content.

 

§ 3 Digital Content and Usage Rights (Licensing)

 

  1. The subject of the contract is the delivery of the purchased Sample Pack as a digital file, granting the Buyer a non-exclusive, non-transferable, and non-sublicensable license to use the samples.

  2. The Buyer is generally permitted to use the sounds royalty-free for the creation of new musical compositions, including commercial release.

  3. Prohibited Use: The Buyer is expressly not permitted to:

    • Sell, rent, distribute, or sublicense the original, unmodified sounds.

    • Use the sounds for the creation of competing sample libraries or sound packs.

    • Claim authorship or ownership of the sounds themselves.

 

§ 4 Prices and Payment

 

  1. The prices listed on the product pages are final prices and include the statutory Value Added Tax (VAT), if applicable.

  2. Payment is processed via the payment methods offered in the shop. The contractually agreed price is due immediately upon conclusion of the contract.

 

§ 5 Right of Withdrawal

 

  1. For digital content not supplied on a tangible medium, the Buyer's right of withdrawal is excluded as soon as the Buyer has explicitly consented to the immediate execution of the contract and acknowledged the loss of the right of withdrawal prior to completing the order.

  2. Detailed information on the loss of the right of withdrawal can be found in the separate "Right of Withdrawal" policy.

 

§ 6 Warranty and Liability

 

  1. The Seller warrants that the digital content is free from material defects and functional flaws at the time of delivery (provision of the download link).

  2. In the event of a technical defect (e.g., corrupted file), the Buyer has a claim for subsequent performance (delivery of a replacement, correct file).

  3. The Seller is only liable for damages resulting from intent or gross negligence. Liability for minor negligence is excluded, provided no essential contractual obligations are violated.

 

§ 7 Final Provisions

 

  1. The contractual relationship is governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). This choice of law applies to consumers only to the extent that the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn.

  2. The place of jurisdiction for all disputes arising from this contract is Wuerzburg, provided the Buyer is a merchant, a legal entity under public law, or a special fund under public law.