Terms & Conditions on Yummy Sounds
General Terms & Conditions of Yummy Sounds
Last update: 31th December 2017
Information about the Online Shop Provider:
Paul Werner, Max-Brauer-Allee 36a, 22765 Hamburg, Germany, E-Mail: firstname.lastname@example.org, Owner: Paul Werner.
- 1 Scope, Definitions and Customer Base
(1) The business relationship between Paul Werner (hereinafter “provider“) and the customer (hereinafter “customer“) shall be subject to the valid version of the General Terms & Conditions (hereinafter “GTC“) at the time of the customer’s purchase.
(2) The validity of the terms and conditions of the customer is hereby expressly prohibited. Terms and Conditions of the customer also do not apply even if the provider does not especially object to their applicability in each individual case.
(3) The customer is a consumer in terms of § 13 BGB (German Civil Code), insofar as he or she completes the purchase contract for purposes which can be attributed primarily neither to his or her commercial nor an independent professional activity. The entrepreneur, in terms of § 14 BGB (German Civil Code) is, in contrast, any natural or legal person or unincorporated organization, who acts by the conclusion of the contract in exercise of his commercial or independent professional activity.
(4) Conclusion of the contract can only take place with adults, i.e. people who are of legal age, and natural persons who are legally competent. By purchasing, the client confirms that they are a minimum 18 years of age.
- 2 Conclusion of the Contract
(1) Offers on the provider’s website are subject to change and non-binding.
(2) Customer orders are made electronically using the ordering process available on the Yummy Sounds website. The customer is able to choose from the range of Yummy Sounds products. By clicking on the button “Add to cart” which is located next to the respective product, the customer is able to put their chosen product in the so-called shopping cart or “Shopping Cart”. The customer is able to remove individual products from the shopping cart by clicking the symbol for deleting individual items, which is located next to the selected product. The customer is able to change the ordered quantity by editing the box labelled “Quantity” and then to update the shopping cart by clicking the button “Update Cart“. By clicking on the button “Proceed to Checkout” the customer arrives at an order overview or “Checkout” in which they can perform the following steps: firstly, the customer is able to enter their billing address under “Billing Details“, or if they have already created a customer account, they are able to log into this. The customer may also choose between payment via “EXPRESS PAYMENT VIA AMAZON” or “Pay via Amazon” and “PayPal” or payment via credit card (MasterCard or Visa). In the order summary, the customer can once again make changes or correct input errors. By clicking on the button “Purchase now”, the customer makes a binding order or a request to buy the products that are in the Shopping Cart. The application may only be submitted and transmitted when the customer has accepted the GTC by clicking on the button “I have read and accepted the terms and conditions“.
The customer will be able to purchase a subscription plan. This subscription plan is purchased through the same checkout process as any other product. By purchasing a subscription plan, the customer will automatically create an account during the check-out process. The customer will receive a confirmation email to verify their account. Clicking the link in this email activates the customer’s account. A customer with an active subscription plan can download all the music tracks from the individual product pages by clicking on the “Download” button instead of adding items to their shopping cart. The subscription plan will automatically renew after 1 year. The plan can be cancelled at any time by contacting us via email or phone. The customer can also cancel at any time by going to My Account” > Subscription > View > Suspend.
(3) Concerning the provider’s products which the customer is able to acquire from the website free of charge, the price will be 0,00 Euro. The customer must not pay a fee at the end of the ordering process with these types of products. Incidentally, the above ordering process is identical with such products.
(4) The customer will, thereupon, receive an automatic confirmation regarding receipt of the order by e-mail to his or her e-mail address. The customer‘s order is shown again in the e-mail and he or she is able to print it. The contract is not concluded with this automatic confirmation of receipt of the order, but only with the sending of the declaration of acceptance by the provider. This will be sent with a separate email as confirmation, or with execution of the download(s). In this email the provider will send the customer the contract text that contains the order, the order confirmation, the GTC and the revocation instructions (the so-called contract confirmation), on a durable medium (email or on paper).
(5) The contract text is stored with the provider in compliance with data protection provisions.
(6) The contract language for the conclusion of contracts and communication with the customer is English. In addition, the existing GTC as well as the privacy statement will be made available for the customer in the German language.
(7) The GTC are always available to access on the website https://www.yummysounds.de/terms-conditions/ and can be printed or saved.
- 3 Registration
(1) In order to utilize the offerings contained on www.yummy-sounds.com , the customer is not obligated to register on www.yummy-sounds.com . Registration is voluntary, free and basically includes the opportunity to view audio, video and billing details and also to download them again. If there is no customer registration during a purchase, subsequent registration licences cannot be credited to the customer if they register at a later date. A purchased licence prior to registration is a closed process. The provider reserves the right to refuse registration to individuals without giving reason.
(2) The customer must protect the assigned access code and password, which was received during registration, from third parties. Entering the access code and the password is to ensure that third parties cannot spy it out.
- 4 Delivery
Delivery is through the download of digital video or song from the provider‘s website. After conclusion of the sales contract, the customer is sent the confirmation of the contract with a link to the provider’s website where he or she can carry out the download.
- 5 Retention of Title
The delivered goods remain property of the provider (reserved goods) until full payment of the purchase price.
- 6 Prices & Payment Methods
(1) The prices include the respective value added tax (VAT), where such arises in accordance with legal regulations.
(2) There are no shipping costs.
(3) The customer can make payment by PayPal, credit card (MasterCard or Visa) or through his or her Amazon account. For entrepreneurs, upon request, the provider may offer the possibility of a payment on account. However, a claim for this service does not yet exist.
(4) In the event of default by the customer, the provider reserves the right to request statutory interest. The right to lodge a claim for further-reaching damage is not excluded.
- 7 Technical Requirements & Customer Obligations
(1) The transfer of music and video files is done by way of downloads to store and playback on personal computers (PC) and other storage media of the customer. Thus, the customer requires a suitable online technology and access to the internet. The customer is responsible for obtaining and maintaining the hardware he or she needs as well as the access to public telecommunications networks.
(2) The customer bares the cost of setting up the online connection and the maintenance on the customer side.
(3) The provider is not liable for the security and existence of the data communication between the online operators and the user, which are passed over communication networks of third parties.
(4) For the playing and copying of the music and video works available on www.yummy-sounds.com the customer requires a program to open (Packed) ZIP files (for example, Win-RAR) and an appropriate media player software (for example, Windows Media Player or VLC Player with the necessary codec).
- 8 Granting of Rights
(1) The music and video files offered for download are copyrighted. The user is obligated to observe the applicable copyright laws and not to harm them.
(2) The provider grants the customer, after full payment of the purchase price, the simple (non-exclusive), non-transferable right, to use the downloaded digital music and video files.
The licence terms are specified separately and can be viewed at the following link.
(1) The music files offered for download on www.yummy-sounds.com are copyright protected. The user is obliged to observe the applicable copyright laws and not to infringe upon these.
(2) Yummy Sounds grants the customer, after full payment of the purchase price, the simple, non-exclusive, non-transferable right to use the downloaded digital music file(s).
(a) Scope of use
(1) You may use the acquired music as a single license or as a subscription for private and commercial purposes. There is no restriction on usage over time. You have the right to use the pieces of music project unbound.
(b) In principle, the following points are excluded from our licenses, and we reserve the right to take legal action against any violation.
(1) Resale of the music file (standalone), which is not further processed into a final product, for example a video, logo, etc.
(1) Use of the music file in racist, violent video/media, or video/media which violate any human rights.
(3) The audio content on www.yummy-sounds.com is not listed or registered with legitimized state collecting societies, such as GEMA, SUISA, ADAMI, AKM, etc. In order to prevent abuse by copyright infringements in terms of audio content, some of the audio content is listed with the company AdRev. AdRev monitors and controls pieces of music via the YouTube Content ID Database, in order to prevent the unauthorized use on YouTube by unauthorized persons. Thereby, the provider’s titles are submitted to AdRev as reference and tested for matches on the platform YouTube. If there is a match, the YouTube user will be informed about a so-called “content-ID-claim” or a “Copyright Notification”. Thus, AdRev raises copyright claims and turns on advertising before the video. Any customer, who has lawfully acquired a licence from the provider, can contradict any alleged AdRev copyright claims at www.yummy-sounds.com/content-id-removal-form. Thus, the “Copyright Notification”, “content-ID-claim” and the AdRev advertisements will be turned off. It is then possible for the customer to have ad-free use on YouTube. This process is intended to protect the provider as well as the customer from illegal use of the audio content.
- 9 Liability for Defects in Purchased Products (Purchase)
(1) If the customer is a consumer, he or she is entitled to the legal rights and claims in case of defects – subject to the following limitation of liability according to § 10.
(2) With regard to companies, claims because of a defect become time-barred in twelve (12) months. The limitation period starts from the date of the contract conclusion. The legal provisions for the statute of limitations: in cases of intentional or grossly negligent breach of duty, with fraudulent concealment of defects, with material restitution claims by third parties in terms of § 438 para. 1 Nr. 1 BGB (German Civil Law), with personal injury, with claims under the Product Liability Act and with adoption of a quality guarantee; this only applies, however, with an acceptance of a guarantee, provided that the respective guarantee agreement does not state otherwise. Moreover, with defects, the statutory rights and claims apply – subject to the following limitation of liability according to § 10.
(3) Regarding gratuitously acquired products (donation), the statutory provisions shall apply in case of defects.
- 10 Limitation of Liability
(1) The provider is liable – irrespective of the legal grounds – for claims for damages or claims for reimbursement of expenses insofar the § 284 BGB (German Civil Law) in accordance with the following provisions:
(2) The provider is liable in accordance with statutory provisions for unlimited liability for damages resulting from injury to life, body or health; for damages based on intent or gross negligence; as well as damages that fall within the scope of a guarantee given by the provider for quality or durability, unless otherwise stated in the relevant guarantee agreement.
(3) Other than those in para. 2 referred to damages, which are based on a slightly negligent breach of essential contractual obligations (cardinal obligations), the provider is liable under the limitation on compensation to replacement of typical foreseeable damage. Material contractual obligations within the meaning of sentence 1 are those obligations, which endanger the purpose of the contract, whose fulfillment makes the proper execution of the contract possible, and on the fulfillment of which the customer regularly relies.
(4) Moreover, further liability is excluded for the other than para. 2 named damages, which are based on a slightly negligent breach other than those referred obligations in para. 3.
(5) Liability under the Product Liability Act remains unaffected.
(6) The above limitations of liability also apply in regard to the personal liability of employees, agents, legal representatives and organs of the provider.
§ 11 Cancellation Information
Every customer, that is a consumer in the sense of the law § 13 BGB (German Civil Code) (see also § 1 para. 3 of the GTC), is entitled to revoke his contract given to the provider, in accordance with the following conditions, which shall be forwarded to him in connection with the order on the provider’s website and sent in text form, and to return the goods.
Right of Cancellation:
You have the right to cancel this contract within 14 days without giving reasons.
The cancellation period is 14 days from the date which you, or your named third party representative which is not the carrier, have taken or took possession of the goods.
The rights of cancellations are not taking effect by purchasing a subscription plan on www.yummy-sounds.com.
To exercise your cancellation right, you must inform us (Paul Werner, Max-Brauer-Allee 36a, 22765 Hamburg, Germany, E-Mail: email@example.com) of your decision to cancel this contract through a detailed explanation (i.e. in a mailed letter or email).
To meet the cancellation deadline, it is sufficient if you send your communication concerning the right of cancellation before the end of the cancellation period.
Effects of Cancellation
If you cancel this contract, we have to repay you all payments that we have received from you without delay, at the latest within fourteen days from the date on which the notification was received about your cancellation of this contract with us. For this repayment we will use PayPal or Amazon Payment, unless it was expressly agreed otherwise with you; in no case will you be charged fees for this repayment.
You only need to pay for any diminished value of the goods resulting from the handling other than what is necessary to ascertain the nature and functioning of the goods.
Expiry of the Right of Cancellation
The right of cancellation expires when we have started with the execution of the contract or the download, after you
1. have expressly agreed, that we start with the execution of the contract or the download before the end of the cancellation period, and
2. have confirmed your knowledge, that through your consent with the beginning of the execution of the contract or the downloads you lose your right.
- 12 Applicable Law & Jurisdiction
(1) German law shall apply to the exclusion of any conflict of law rules which refer to another set of laws. Use of the UN Convention on the International Sale of Goods (CISG) is excluded. The statutory rules limiting the choice of law and the applicability of mandatory provisions in the State, in which the customer as a consumer has his habitual residence, remain unaffected.
(2) If the customer is an entrepreneur and the business relationship is attributable to the operation of his or her business, or it relates to a legal entity under public law or a special asset under public law, the exclusive sole court of jurisdiction for all disputes arising from this contract shall be the business location of the provider.