Conditions of Use
Creative Sounds - Conditions of use
Ziff. 1 Completion of Cantract
1.1
The surrender of music titles in the form of MP3 files offers creative sounds to the customer. If you send off the order email, order the marked MP3 files select by you to the following conditions of the contract. Before you do this, peruse please carefully the conditions of the contract. By dispatch of an order email or a telephone order you explain that you have read the conditions of the contract and agree with you. These conditions are only decisive for the contract. Other conditions does not accept creative sounds.
1.2
Of course you can print out the Terms and Conditions. If you want to have the Terms and Conditions also in printed form, we send to you this on requirement with pleasure free of charge (info@Creative Sounds.de).
1.3
Representations and descriptions of the MP3 files on the Internet and in product descriptions show no declarations of guarantee of creative sounds. To the customer the technical application possibilities and application terms of the MP3 files are known. On inquiry informs of creative sounds other technical details.
2.1
Representations and descriptions of the MP3 files on the Internet and in product descriptions show no declarations of guarantee of creative sounds. To the customer the technical application possibilities and application terms of the MP3 files are known. On inquiry informs of creative sounds other technical details.
2.2
The customer is entitled to use the MP3 files on any, technically suitable calculator / player for own use. However, the MP3 files may be used for any time always only from a person on a calculator / player, never at the same time on two or several calculators / players, neither by the same customer nor by different persons. The right of use counts only to the original record of the ordered MP3 file. The customer can provide from the MP3 files a backup copy which he may not use, nevertheless, at the same time beside the original data.
2.3
The customer is not entitled without previous written approval by creative sounds,
- the MP3 files in other way than in Ziff. To use 2.2 technically described, to multiplicate and to spread; and
- to rent the MP3 files, to lend, to be of use together with third or to permit the use by third in other way;
- the treatments and arrangements which the customer has produced (also soundtrack and multimedia works to multiplicate etc.), and to spread;
- to change the copyright notices contained in the data, other legal reservations, standard numbers as well as other signs serving the data identification or to remove.
- to transmit the MP3 files into three parts, unless, the customer puts the use of the files finally and keeps back onto no copy.
2.4
Creative sounds draws the attention of the customer expressly to the fact that the following uses GEMA-registration mood and are liable to reimbursement or that it requires moreover the approval of the respective entitled person of the music titles even (in particular of the GEMA),
To perform the music titles, to send, to return publicly or to make them to third in other way accessible; treatments and arrangements (also soundtrack to produce multimedia works etc.), to explain, to send and to return publicly in other form.
2.5
If the use of the MP3 files does not correspond by the customer to the default of this figure and protective rights are thereby injured by creative sounds, it is entitled creative sounds without calculating the reimbursement for the suitable MP3 files by double height as a least damage to proof. The assertion of other damage substitute is not excluded through this..
Ziff. 3 Sach- und Rechtsmängel
3.1
The delivery or achievement of creative sounds is free of material defects if it has with danger crossing vereinbarteBeschaffenheit or, if the state is not agreed, is suited for the use presumed according to the contract, otherwise if she is suited for the usual use and shows a state which is usual by deliveries or achievements of the same kind and the customer can expect in kind of the achievement. In the absence of other contractual arrangement of the state the suitability of the delivery or achievement guarantees creative sounds with it to the traffic-usual use, but not their entire technical mistake freedom. Creative sounds guarantees that the MP3 files on on the creative sounds web shop side can be used to listed calculators / players. Furthermore guarantees creative sounds that the MP3 files were sent without program error by the source calculator with creative sounds on the Internet. For transference mistake on the Internet no guarantee takes over creative sounds.
3.2
With defects subsequent performance can produce creative sounds at first. The choice of the kind of the subsequent performance is entitled creative sounds. The subsequent performance occurs through surrender of new files or by the fact that indicates creative sounds possibilities to avoid the consequences of defects. With legal faults the subsequent performance occurs, while creative sounds a juridically flawless use possibility makes available to the customer in the MP3 files or exchanges the affected achievement for an equivalent achievement corresponding to the order if this is acceptable for the customer. If the third protective rights assert against the customer, this creative sound will immediately inform. The customer may not recognise from himself the claims of third.
3.3
If the subsequent performance misses after several attempts finally, the customer has the right to diminish the reimbursement or to withdraw from the contract. Ziff counts to pity claims for damages and substitute of vain expenditures. 6.
3.4
The customer is obliged to examine the MP3 files immediately after the surrender and to reprimand evident defects at least within one week under precise description.
3.5
The claims of the customer because of material faults or legal faults come under the statute of limitations with material defects within one year from delivery, with legal faults within one year from delivery if the legal lack does not lie in a real right of a third on grounds of which the delivered thing herausverlangt can become, and, for the rest, accordingly of the legal regulations, as far as nothing else is agreed. If a material defect or legal lack was consciously hid, the legal period of limitation likewise counts.
Ziff. 4. Lieferung
4.1
With the purchase the MP3 files by download will leave to the customer mail or on the post by CD.
4.2
Information about the term of delivery is non-binding, untill exceptionally the date of delivery was promised obligingly.
Ziff. 5. Zahlung, Aufrechnung
5.1
The customer performs the reimbursement by payment by transfer, calculation or bank move
5.2
by deliveries by post the payment occurs cash on delivery, by calculation or bank move. Besides, the additional expenditure costs given on the order mask result in addition to purchase price.
5.3
the purchase price becomes due immediately with the order. With sending by post payments are to be performed at the latest within 14 days after delivery and access of the calculation.
5.4
the customer is behind with the payment, can require creative sounds interests on arrears by legal height of 5% about the base interest rate sentence. Creative sounds is entitled to prove a higher delay damage.
5.5
up to the balance of all demands of creative sounds towards the customer the grant of the rights of use stands under the condition of the entire balance of these demands. Creative sounds can revoke the competence of utilisation if the customer gets in default and also does not pay on written caution with cancellation threat or if he the terms of utilisation (Ziff. To 2) does not keep.
5.6
the customer can charge only with legally ascertained demands approved by creative sounds. A retention right is entitled to the customer only within this contractual relationship and only for the case that creative sounds even a coarse breach of contract has committed or has received for a defective achievement already the part of the remuneration which corresponds to the value of the achievement.
Ziff. 6 Haftung
6.1
Damage substitute or substitute of vain expenditures, immediately for which legal argument (e.g., duty injury, unauthorised action) performs creative sounds, only in the following circumference:
- with intention and by takeover of a guarantee with regard to the in each case guaranteed state by full height,
- with coarse carelessness by height of the predictable and typical damage which should be prevented by the care duty,
- in all other cases only from injury of a so essential duty that the reaching of the contract purpose is endangered, namely on substitute of the predictable and typical damage, however (at most) per single case of damage up to the order value.
6.2
The objection of the cofault stays open. The legal liability with personal damages and according to the product liability law remains untouched from this.
6.3
for the replacement of data sticks creative sounds only if the customer has made sure that these data from data supplies held ready in machine-readable form with defensible expenditure are reproduceable. This restriction of liability does not count with intention and coarse carelessness.
Ziff. 7 Widerrufs - und Rückgaberecht
7.1
With orders by eMail, fax, letter, phone and by means of other distant communicative devices have customers whom consumers are (the contract about MP3 files neither in exercise of her commercial ones nor her independent professional activity conclude) a right to the cancellation of the contract according to §§312 d, 355 Civil Code. Nevertheless, this counts only if the customer orders the MP3 files on CD. With to the dispatch by mail of MP3 files no cancellation right exists, because the on-line überlassenen MP3 files are not suitable to the return to creative sounds (§312d paragraph 4 Ziff. 1 Civil Code).
7.2
the term for the cancellation begins by delivery by post with the access of the delivered MP3 files with the customer. Condition for the term beginning is furthermore that creative sounds the legally prescribed information (§312c has informed the customer at the latest up to delivery of the product of paragraph 2 Civil Code). The cancellation right also goes out without communication of this information at the latest 6 months after delivery of the MP3 files.
7.3
the cancellation is to be explained in text form, i.e. by eMail, letter or fax to the following address:
Creative Sounds
Werner Nieder
Carl Meuth-Str.5
85716 Unterschleißheim
Germany
FAX: +49 89 321 21 920
7.4
If the customer has exercised his cancellation right, he is obliged to the return of the delivered MP3 files. Provided that the order value amounts more than 40.00 EUR, refunds creative sounds the costs of the return. Creative sounds pays back the purchase price as well as return costs to be refunded by transfer to the account called by the customers.
7.5
The material defect and legal faults (Ziff. 3 Terms and Conditions). With questions to the cancellation right we perform with pleasure information.
Ziff. 8 Schluß
8.1
The personal data known within the scope of the contract respect may process creative sounds for internal purposes and on basis of the data protection-juridical regulations by machine. Creative sounds may transmit the data if necessary also to supplier for the purpose of the achievement and account in fulfilment of the contract respect.
8.2
All legal relations from this contractual relationship are defeated by the right of the Federal Republic of Germany to the exclusion of the UN-purchase right. Provided that it itself with the customer around a businessman, around a juridical person of the public right or provided that the customer has his residence residence or his establishment abroad, place of fulfilment and legal venue for all disputes is Munich. In this case creative sounds is also entitled to complain in the legal venue of the customer or in any other legal venue responsible according to national or international right.
