Terms and Conditions

Creative Sounds - General Terms and Conditions
1. area of application

For all orders via our online store the following terms and conditions apply. Our online store is aimed exclusively at consumers.

Consumer is any natural person who enters into a legal transaction for purposes that can be attributed predominantly neither to his commercial nor his independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2. contracting party, conclusion of contract, correction possibilities

The sales contract is concluded with Creative Sounds.

Creative Sounds offers the customer the transfer of music titles in form of MP3 files.
With the placement of the products in the online store we make a binding offer to conclude a contract for these articles. You can initially place our products in the shopping cart without obligation and correct your entries at any time before sending your binding order by using the correction tools provided and explained for this purpose in the order process. The contract is concluded when you accept the offer for the goods contained in the shopping cart by clicking on the order button. Immediately after sending the order, you will receive another confirmation by e-mail.
3. contract language, contract text storage

The language(s) available for the conclusion of the contract: German, English

We store the contract text and send you the order data and our terms and conditions in text form. For security reasons, the contract text is no longer accessible via the Internet.
4. delivery conditions

We deliver free of shipping costs.
We deliver only by download. A self-collection of the goods is unfortunately not possible. 
We do not deliver to packing stations.


5. payment

In our store you can choose between the following payment methods:

Prepayment
If you choose the payment method prepayment, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.

Credit card
In the order process you enter your credit card details. Your card will be charged immediately after submitting the order.

PayPal
To pay the invoice amount via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"), you must be registered with PayPal, legitimize yourself with your access data and confirm the payment instruction. The payment transaction is carried out by PayPal immediately after placing the order. You will receive further instructions in the order process.

PayPal may offer registered PayPal customers selected according to its own criteria additional payment modalities in the customer account. However, we have no influence on the offer of these modalities; further individually offered payment modalities affect your legal relationship with PayPal. You can find more information about this in your PayPal account.

Sofort by Klarna
In order to be able to pay the invoice amount via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions in the order process.

giropay / paydirekt
In cooperation with the payment service provider paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt a. M ("giropay" or "paydirekt") we offer the payment methods giropay and paydirekt.

giropay
In order to pay the invoice amount via giropay, you must have a bank account activated for online banking, identify yourself accordingly and confirm the payment instruction. Your account will be debited immediately after placing the order. You will receive further instructions in the order process.

paydirekt
In order to pay the invoice amount via paydirekt, you must have a bank account activated for online banking, be registered with paydirekt, identify yourself with your access data and confirm the payment instruction.

Amazon Pay
To pay the invoice amount via the payment service provider Amazon Payments Europe S.C.A. 38 avenue J.F. Kennedy, L-1855 Luxembourg ("Amazon"), you must be registered with Amazon, legitimize yourself with your access data and confirm the payment instruction. The payment transaction will be executed within one banking day after the order is placed. A banking day is any business day except Saturdays, federal public holidays, and December 24 and 31 of each year. You will receive further instructions in the order process.

6 Warranty and guarantees
6.1 Liability for defects

The legal liability for defects applies.

The delivery or service of Creative Sounds is free of material defects, if it has the agreed quality at the passing of the risk or, if the quality is not agreed, if it is suitable for the use presupposed according to the contract, otherwise, if it is suitable for the usual use and has a quality, which is usual for deliveries or services of the same kind and which the customer can expect according to the kind of the service. In the absence of other contractual agreement of the quality Creative Sounds guarantees the suitability of the delivery or service for the usual use, but not its complete technical faultlessness. Creative Sounds warrants that the MP3 files can be used on the computers/players listed on the Creative Sounds WebShop page. Furthermore Creative Sounds warrants that the MP3-files have been sent from the source computer at Creative Sounds to the internet without any program errors. 

6.1 

In case of defects Creative Sounds can first provide supplementary performance. Creative Sounds has the right to choose the kind of supplementary performance. The supplementary performance is carried out by handing over new files or by Creative Sounds showing possibilities to avoid the effects of defects. In case of defects of title the supplementary performance is carried out by Creative Sounds providing the customer with a legally unobjectionable possibility to use the MP3-files or by exchanging the affected performance for an equivalent performance corresponding to the order, if this is acceptable for the customer. If third parties claim property rights against the customer, the customer will inform Creative Sounds immediately. The customer is not allowed to acknowledge the claims of third parties on his own.

6.2

If the supplementary performance finally fails after several attempts, the customer has the right to reduce the remuneration or to withdraw from the contract. Clause 6 shall apply to claims for damages and reimbursement of futile expenses.

6.3

The customer is obligated to examine the MP3 files immediately after the transfer and to give notice of obvious defects at least within one week with a detailed description.

6.4

The customer's claims due to material defects or defects of title become time-barred within one year after delivery in case of material defects, in case of defects of title within one year after delivery, if the defect of title does not lie in a right in rem of a third party, on the basis of which the delivered item can be reclaimed, and otherwise according to the legal regulations, unless otherwise agreed. If a material or legal defect was deliberately concealed, the statutory limitation period shall also apply.

7 Rights of use

7.1 

The customer receives a simple, temporally unlimited right of use for the MP3-files to the extent described below. All rights of use not explicitly mentioned remain in the relationship between the contracting parties at Creative Sounds.

7.2 

The customer is entitled to use the MP3-files on any technically suitable computer/player for his own use and for public as well as commercial performances. However, the MP3-files may only be used by one person on one computer/player at any time, never simultaneously on two or more computers/players, neither by the same customer nor by different persons. The right of use only applies to the original data set of the ordered MP3 file. The customer may make a backup copy of the MP3 files, but may not use it at the same time as the original data.
If you should present a playback of us with your singing on Youtube or similar portals or your own homepage as a demo, please add a note to each title: "Playback by playbackfinder.de".

7.3 

The customer is not allowed to use the MP3-files without prior written consent of Creative Sounds,

- to use, to copy and to distribute the MP3-files in another way than technically described in point 7.2;

- to rent or lend the MP3-Files, to use them together with third parties or to allow the use by third parties in any other way;

- to reproduce and distribute arrangements and adaptations made by the customer (including film music and multimedia works, etc.);

- to change or remove the copyright notices, other legal reservations, serial numbers as well as other features serving the data identification contained in the data.

- to pass on the MP3 files to third parties, unless the customer ceases to use the files permanently and does not retain a copy.

7.4 

Creative Sounds explicitly draws the customer's attention to the fact that the following uses are subject to GEMA registration and remuneration.

- to perform, broadcast, publicly reproduce the music titles or to make them accessible to third parties in any other way;

- to produce, perform, broadcast and otherwise publicly reproduce arrangements (including film music, multimedia works, etc.). 

(In this case, the consent of the respective rights holder of the music titles themselves (in particular GEMA) is additionally required),

7.5 

If the use of the MP3-files by the customer does not comply with the requirements of this clause and if thereby property rights of Creative Sounds are violated, Creative Sounds is entitled to charge without proof the remuneration for the corresponding MP3-files in double amount as minimum damage. The assertion of further damages is not excluded by this.

8. agreement to use the Trusted Shops buyer protection.

You can secure orders placed with us free of charge up to an order value of 100 euros via the buyer protection of Trusted Shops AG. In addition, Trusted Shops together with a guarantor offers a chargeable protection. The Trusted Shops buyer protection conditions apply, which you can find here. The conclusion of the buyer protection is done by clicking on the correspondingly designated button of the so-called Trustcard, which appears as a pop-up on the order thank you page after an order has been placed. If you are already registered for buyer protection, your order will be automatically protected (automatic buyer protection) without you having to click on the button. In order to offer you the (automatic) buyer protection, the trustcard must access order data that is stored in the cache of your browser. For this purpose, a hash value of your e-mail address as well as the order number and order total are transmitted to Trusted Shops. If you are already registered for buyer protection, your order is automatically protected. If you are not yet registered for buyer protection, you can register as described above via the trust card. Information on data protection at Trusted Shops is attached to the Buyer Protection Terms and Conditions linked above.


9. right of withdrawal

The legal right of withdrawal does not apply to download articles.


10. dispute resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are willing to participate in an out-of-court arbitration procedure before a consumer arbitration board.
The competent body is the Universalschlichtungsstelle des Bundes am Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de.
11 Liability

11.1 

Creative Sounds will pay damages or compensation of futile expenses, no matter for which legal reason (e.g. breach of duty, tort), only to the following extent:

- in case of intent and in case of assumption of a guarantee regarding the respective guaranteed quality to the full amount,

- in the event of gross negligence, to the amount of the foreseeable and typical damage that should have been prevented by the duty of care,

- in all other cases only for breach of such an essential duty that the achievement of the purpose of the contract is jeopardized, to the extent of the foreseeable and typical damage, but (at the most) per individual case of damage up to the order value.

11.2 

The objection of contributory negligence remains open. The statutory liability for personal injury and under the Product Liability Act shall remain unaffected.

11.3 

Creative Sounds is only liable for the recovery of data, if the customer has ensured that these data can be reproduced with reasonable effort from data stocks kept ready in machine-readable form. This limitation of liability is not valid in case of intent and gross negligence.


12 Conclusion

All legal relationships arising from this contractual relationship are subject to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. If the customer is a merchant, a legal entity under public law or if the customer has his residence or branch abroad, the place of performance and jurisdiction for all disputes is Munich. You have the possibility to conclude your sales contract in German or English language. In this case Creative Sounds is also entitled to sue at the place of jurisdiction of the customer or at any other place of jurisdiction according to national or international law.



Duty to mitigate damages / warnings

In case of assertion of claims of any kind from copyright, competition law as well as trademark law matters, I ask to contact me immediately to avoid unnecessary legal disputes, warnings and costs. If claims of the above mentioned kind are complained about, I promise already here before a final legally binding clarification remedy, by which a possible repetition danger is obligatorily excluded. Nevertheless, a cost note of a legal warning without prior contact would then be rejected due to non-observance of a duty to mitigate damages.