§ 1 Area of Application, Customer information
The following General Terms and Conditions of Business shall apply to business relationships for digital goods between sole proprietor Acoustic Design Concepts, Gerson Engel (www.x32userconfigs.com) and customers buying goods in our shop. Contract language is English or German.
§ 2 Conclusion of Contract
(1) Offered products in the Web are a binding offer to you, to buy goods.
(2) You may place one or more products into the basket. During the ordering process you enter your personal data and preferences. Not until clicking the 'order' button you accept this offer for a conclusion of a contract. In case you do not agree to the instantaneous enabling of the downloads and the hereby included disclaimer to your right of withdrawal, the products will be unlocked for download not until the end of the 14 days withdrawal period.
If you agreed to the disclaimer of your right of withdrawal, the products will be provided for download immediately after conclusion of the contract.
§ 3 Temporary limitation of downloads
After being unlocked You are able to download the product within a period of 2 days.
§ 4 Number of downloads
The product can be downloaded 3 times.
§ 5 Regulation of right to use
You are allowed to do private copies on different media. Further distribution, marketing, transfer and licensing is prohibited.
§ 6 Customer information: Storage of your order data
Your order including details of the closed contract (e.g. kind of product, price etc.) is stored in our webshop. The terms and conditions will be sent to you. The terms and conditions are furthermore invokable at any time on our website. As a registered customer you are able to access your past orders through the customer login area (My Account).
§ 7 Customer information: Correction indication
Before the final ordering you are able to correct your entries using Cancel-, Delete-, or Abort-button at any time.
During the order process we are going to inform you about additional correction possibilies.
You can also stop the ordering process completely at any time just by closing the browser window.
§ 8 Legal rights of liability for defects
For our goods there are legal rights of liability for defects existing.
§ 9 Limitation of liability
We are excluding liability for slight neglicent neglect of duty, as long as it is not concerning a substantial contract duty, harming life, body or health or warranties and claims according to the law on product liability.
This also applies to serious violation of obligations of our assistants and our legal representatives.
Belonging to those substantial contract duties are particularly the duty to deliver the goods to you and provide you with the ownership of them. Furthermore we have to provide you with those goods free of defects and deficiency in title.
§1 - §9: Document written (German version) and continually updated by janolaw AG
§ 10 Prices
The prices shown on the product pages include value-added tax and other price components.
§ 11 Payment conditions
At present payment is exclusively carried out using Paypal.
§ 12 Delivery
(1) If not otherwise agreed on, the delivery of the goods is being carried out by providing a link. This link can be activated by the buyer and starts the download automatically to the selected medium, selected by him/her.
Alternatively the digital goods can be sent appended to an e-mail. Depending on the file size this is not always possible.
(2) It is within the customers area of responsibility, having suitable software ready to enable proper opening, editing and printing of the files and content.
§ 13 Warranty and compensation (amandment)
(1) In the case of purchased X32/M32 mixer family SCENES or SNIPPETS data the customer has to make sure, that these are applied with low volume setting (on speaker and headphone systems) when activating them the first time.
(2) The delivered digital goods do have a one year warranty on the promised features and functions.
§ 14 Copyright and right of use (amendment)
(1) All digital contents provided by the seller are protected by copyright.
(2) The customer aquires a right of use without time limitation that is nontransferable for non-commercial or commercial (in the only sense of using it as programming in a mixer) application.
No exploitation rights are granted. The purchased titles must not be distributed digitally nor printed, completely or in extracts (§ 17 UrhG), neither publicly available (§ 19 aUrhG) nor in any other kind of way made available to any third party. The right of duplication is exclusively limited to own use (§ 16 UrhG).
(3) The user is not allowed to remove any copyright remarks or trademark signs or other legal reservations from the goods.
(4) The seller is entitled to add visible or invisible identification marks to the downloadable digital goods as to be able to find out about misuse.
(5) In the case of abusive use of the digital contents by the purchaser or third party the buyer obligates himself to pay a contractual penalty of 10.000,- Euro per violation act.
§ 15 Place of fulfilment and place of jurisdiction
(1) The law of the Federal Republic of Germany shall apply with the exclusion of the United Nations Convention on Contracts for the International Sale of Goods. Should the purchaser also be the consumer, this only applies to the extent that they do not lose the protection of binding legal provisions of their state of usual residence.
(2) The place of fulfilment for all services and products arising from business transactions with Acoustic Design Concepts shall be Pohlheim, insofar as the customer is a merchant, a legal person governed by public law or a special fund under public law.
(3) If the customer is a merchant, legal person governed by public law or special fund under public law, Giessen shall be the exclusive place of jurisdiction for any disputes arising directly or indirectly from the contractual relationship with the customer or from these General Terms and Conditions of Business.
§ 16 Closing provision
If any of these provisions cannot be applied for whatever reason, this shall not affect the validity of the remaining provisions.