General terms and conditions

of

CMS-Sounddesign

for

end customers

 

(consumer terms and conditions)

 

 

(As of 03/15/2020)

 

Table of Contents

 

A. General terms and conditions for end customers (consumer terms and conditions)

§ 1 General

§ 2 Contract Language

§ 3 Formation of the Contract for Products in the Webshop

§ 4 Prices

§ 5 Payment

1. Prepayment / Transfer

2. CMS-Sounddesign-Voucher

3. External Online Payment Service Providers (PayPal, etc.)

§ 6 Delivery, Delivery Time

§ 7 Shipping Costs

§ 8 Liability

§ 9 Blocking the Webshop Customer Account

§ 10 Right of withdrawal

§ 11 Warranty

§ 12 Fulfillment and Jurisdiction

§ 13 Declaration of Data Protection

§ 14 Out-of-Court Settlement of Disputes

§ 15 Final Determination

 

B. End User License Agreement for Software from CMS-Sounddesign (License Rights)

I. Copyright and Property Rights

II. License Types

§ 1 Purchase Licenses

End user license

§ 2 Time-limited or Free Licenses

III. Terms of Use by License Type

IV. Updates and Upgrades

V.  Support Services

VI. Software Transfer

 

C. CMS-Sounddesign-Vouchers

 

D. Notes on the Right of Withdrawal

 

E. Declaration of Data Protection

 

F. Ordering Process

1. Shopping Cart

2. Checkout

3. Select a payment method

a. PayPal

b. Vorkasse (Payment in advance)

c. Gutschein (Voucher)

 

A. General terms and conditions for end customers (consumer terms and conditions)

 

§ 1 General

For the business relations of any kind between CMS-Sounddesign, owner Manuela Schips, An der Krimm 11, 55124 Mainz (hereinafter referred to as "CMS-Sounddesign") and the customer, the following general terms and conditions (GTC) apply in the currently valid version. Customers can be both entrepreneurs and consumers. A consumer is any natural person who concludes a legal transaction for purposes that can largely not be attributed to their commercial or independent professional activity (§ 13 BGB). Entrepreneur is a natural or legal person or a legal partnership that acts in the course of a legal transaction in the exercise of its commercial or independent professional activity (§ 14 BGB).

§ 2 Contract Language

The contract language is German.

 

The English version of these terms of use and the offer on the homepage of CMS-Sounddesign is only a non-binding reading version. Basically, CMS-Sounddesign communicates with customers in German; however, communication is also possible in English on request.

§ 3 Formation of the Contract for Products in the Webshop

1. The presentation of the products on the homepage and in the CMS-Sounddesign webshop is a non-binding offer. They are to be understood as an invitation to submit offers by placing an order, i.e. the order by the customer is the binding offer to CMS-Sounddesign to purchase the CMS-Sounddesign products in the shopping cart. By clicking the "Kaufen (Checkout)" button in the last step of the ordering process, the customer submits a binding offer to purchase the products in the shopping cart as a download. The system of the webshop automatically confirms receipt of the order by email to the email address stored in the customer data immediately after the order has been placed. The order data, the general terms and conditions and the cancellation policy will be sent to the customer.

2. Only by making the ordered products available for download or by sending the products by email does CMS-Sounddesign accept the customer's offer and the purchase contract is concluded. The purchase contract is considered fulfilled by CMS-Sounddesign as soon as the product has been successfully downloaded for the first time.

3. If software products are ordered that fall under the end user agreement for software from CMS-Sounddesign, the products cannot be manufactured until the invoice amount has been settled and the instrument information file of the customer's keyboard is available. In this case, therefore, the transmission of the instrument info file by the customer is also the basis for the conclusion of the purchase contract.

 

Detailed information on the ordering process can be found in the section "F. Ordering Process".

 

Detailed information on the end user agreement is available in the section  "B. End User Agreement for Software from CMS-Sounddesign".

§ 4 Prices

The prices are in euros (€ / EUR), the prices mentioned in the webshop are final prices. The purchase price is due immediately. The payment options transfer / prepayment, CMS-Sounddesign-voucher and PayPal are free of charge. Purchase on account is not possible.

§ 5 Payment

The payment process can be done either by prepayment / transfer or CMS-Sounddesign-vouchers or by external online payment service providers (i. e. PayPal).

The prerequisite for a successful purchase is the correct entry of the data requested by the customer.

 

Below you will find information on the individual payment methods:

1. Prepayment / Transfer

The customer completes the payment by clicking the "Kaufen (Checkout)" button in the webshop.

When paying in advance / bank transfer, the customer receives an automated order confirmation, which contains the bank details for the payment process.

 

After receipt of payment and receipt of the instrument info file of the customer's keyboard, the download link will be provided by email.

2. CMS-Sounddesign-Voucher

With the "Gutschein (Voucher)" payment method, a CMS-Sounddesign-voucher already available to the customer can be used for payment. After completing the order process by clicking the "Kaufen (Checkout)" button, the customer will receive an automatic order confirmation.

The customer then sends an email to "Gutschein@cms-sounddesign.de" stating the voucher code, his name and the order number.

 

More information about buying and billing CMS-Sounddesign-vouchers can be found in the section "C. CMS-Sounddesign-Voucher".

3. External Online Payment Service Providers (PayPal, etc.)

The customer completes the payment by clicking on the "Kaufen (Checkout)" button on the website of the payment service provider after logging in or entering his personal data.

After successful payment, the customer will receive an automated order confirmation by email.

 

For the services of external payment service providers, the general terms and conditions of the respective provider apply, which can be found on the homepage of the respective provider.

§ 6 Delivery, Delivery Time

1. The goods will only be made available as a digital download or by email.

2. Orders are processed within one week after the prerequisites for creating the product have been met (the customer's instrument info file and / or receipt of payment).

3. The beginning of the delivery time specified by CMS-Sounddesign requires the timely and proper fulfillment of the customer's obligations. The exception of the unfulfilled contract remains reserved.

4. If software is offered to the customer electronically, in the form of a download link, the customer is responsible. After receiving the necessary data, the customer alone decides whether and when to download the software.

5. CMS-Sounddesign is not liable in the event of a delay in delivery which it did not cause deliberately or through gross negligence. 

§ 7 Shipping Costs

The articles are only available as downloads or electronically by email, there are no shipping costs.

§ 8 Liability

If the customer uses the services of the webshop using access data in the form of a customer account, the customer is responsible for storing them securely and before access by third parties. He is liable for every act performed with his access data (including the payment of remuneration). If the customer suspects that unauthorized third parties have become aware of this, change the personal password immediately and inform CMS-Sounddesign. The customer undertakes not to use a collective email address used by several users. The customer is directly and directly liable for violations of third party rights for which he is responsible. In the event of justified claims by third parties, the customer is obliged to release CMS-Sounddesign, unless he can prove that he is not responsible for the breach of duty causing the damage. In the event of intent or gross negligence, CMS-Sounddesign is fully liable for any damage attributable to this. Insofar as the attributable breach of duty by CMS-Sounddesign can be attributed to simple negligence and culpably violates an essential contractual obligation, the liability of CMS-Sounddesign is limited to the typical, comparable damage that occurs in comparable cases.

§ 9 Blocking the Webshop Customer Account

CMS-Sounddesign reserves the right to block the customer account in the event of misuse, breach of contractual obligations and obligations, as well as default in payment, incorrect information in the customer data or the creation of fake accounts and not to allow new registration.

§ 10 Right of withdrawal

Information on the right of cancellation can be found in the "D. Notes on the Right of Withdrawal" section.

§ 11 Warranty

The warranty is based on the statutory provisions.

 

In the event of incorrect provision or download of the purchased products, the customer has the option of receiving the file / files as a download again at no additional cost.

§ 12 Fulfillment and Jurisdiction

The law of the Federal Republic of Germany applies. The provisions of the Vienna UN Convention “Convention for the International Sale of Goods” (CISG) of April 11, 1980 on contracts for the international sale of goods (UN sales law) do not apply. Any further rights for consumers under the law of the country in which the consumer has his permanent residence remain unaffected.

For all rights and obligations from the business relationship, the place of performance is determined according to the legal regulations.

 

If the customer is a merchant within the meaning of the HGB, the exclusive jurisdiction of the court at the seat of CMS-Sounddesign is agreed for all disputes arising from the contract.

 

Even against a customer who is not a merchant, CMS-Sounddesign can assert its claims before the court at its seat if the customer does not have a general place of jurisdiction in the Federal Republic of Germany or if he has relocated his place of residence or usual place of abode from this area, after the contract has been concluded, or if his domicile or habitual residence is not known at the time the claim is made in court.

§ 13 Declaration of Data Protection

Information on the type and scope, location and purpose of the collection, processing and use of the personal data required for the execution of orders can be found in the section "E. Declaration of Data Protection".

§ 14 Out-of-Court Settlement of Disputes

The EU Commission provides an online platform for dispute resolution ("Universalschlichtungsstelle (Online Dispute Resolution Plattform)") at http://ec.europa.eu/odr.

If the customer is a consumer resident in the European Union, he can use this universal arbitration board for the extrajudicial settlement of disputes regarding contractual obligations from online sales contracts. CMS-Sounddesign is obliged to inform the customer about the existence of this universal arbitration board and in this context also about their email address:

 

Support@cms-sounddesign.de

 

CMS-Sounddesign endeavors to resolve any differences regarding the contracts concluded with the customers by mutual agreement via the customer service. In addition, CMS-Sounddesign is not obliged to participate in a dispute settlement procedure before a consumer arbitration board, nor is it willing to do so.

§ 15 Final Determination

Changes and additions to this contract must be in writing. This also applies to changes to this written form clause. Verbal side agreements were not made.

 

Should individual provisions of this contract be or become invalid or contain a loophole, the remaining provisions remain unaffected. The parties undertake to replace the ineffective regulation with a legally permissible regulation that most closely approximates the economic purpose of the ineffective regulation or fills this gap.

B. End User License Agreement for Software from CMS-Sounddesign (License Rights)

I. Copyright and Property Rights

1. CMS-Sounddesign produces among other things expansion packs and voices / single sounds for Yamaha keyboards of different models. These software products are protected by national copyright laws, international copyright treaties and other laws and treaties protecting intellectual property.
   The ownership and the copyright exploitation rights to the software product (including - but not limited to - images, audio, music and text contained in the software product), the accompanying material and all copies of the software product are owned by CMS-Sounddesign.
   The marks, trade names, product names and logos contained in the software product or the accompanying material are trademarks of CMS-Sounddesign. The customer may not remove or change any brands, trade names, product names and logos, copyright notices or other protective notices, legends, symbols or labels in the software. The symbols integrated in the software may only be used within the normal, contractual use of the software. The separate use or utilization of the symbols is expressly prohibited. The customer is not authorized to use the name of CMS-Sounddesign.
2. If a sound library is part of the product purchased by the customer, the following partivularities (sound license agreement) apply in addition to the user agreement:
   The samples, instruments and presets made available can be used for commercial and non-commercial music and audio productions in accordance with the provisions of this agreement without the prior consent of CMS-Sounddesign. The use of this product (especially the samples, instruments and presets) to create a sound library or as a sound library for any type of synthesizer, virtual instrument, sample library, sample-based products or other musical instruments is strict prohibited. Individual samples, sound sets or audio loops may not be distributed separately (commercially or otherwise). In addition, these samples, sound sets or audio content may not be repackaged in whole or in part as audio samples, sound libraries or sound effects.
3. By downloading, installing, copying or using this product, the customer does not acquire any ownership rights to the software. He only acquires the right to use the products to the following extent.
4. In particular, the customer is not entitled to copy or let copy the product or parts thereof, to break down or let break down, technically traced or arranged for technical tracing. Likewise, the customer may not dissolve the software into its components, convert it into object code, decrypt it, imitate it or use it in any other way than that stipulated in the contract. The customer is obliged to take appropriate and appropriate measures to ensure that third parties, including their own employees, cannot unauthorized use and exploit the products purchased from CMS-Sounddesign. The customer is liable to CMS-Sounddesign for any loss or damage in this context.

II. License Types

The rights listed below to use the software are granted to customers by CMS-Sounddesign under license, not sold.

§ 1 Purchase Licenses

End user license

1. The customer acquires a simple right of use (also called a usage license) for the software provided. He may neither manufacture nor distribute the software. The software is only supplied copy-protected in .CPF format. An instrument info file from the customer's keyboard is required to manufacture the software. The software will specially be made for this keyboard (made-to-order  production). The customer is entitled to use the software on the keyboard for which the software was made. This means that the software cannot be operated on other keyboards.

2. The customer may make a copy of the software product for backup or archiving purposes. By owning, installing or using the software, the customer does not acquire any rights to the intellectual property of the software apart from the rights of use granted to him under this agreement.

§ 2 Time-limited or Free Licenses

1. Time-limited or free of charge licensed products from CMS-Sounddesign, which were left to the customer as such, may only be used for demonstration purposes, for tests and for evaluation purposes. The sale or other distribution as well as the free transfer to third parties are not permitted. Neither may they be used as a qualifying product for updates or upgrades.

2. If the customer is a user of a time-limited or free license, the customer's rights to the software expire if he violates the above terms of use. Irrespective of other rights, CMS-Sounddesign is entitled to revoke the customer's rights of use if the terms and conditions of this contract are seriously violated. In both cases, the customer is obliged to destroy all copies of the software product and its components. The customer has to confirm this in writing by email.

III. Terms of Use by License Type

1. The timeframe to which the customer is granted rights to use the software depends on whether the customer has selected a purchase license or a time-limited or free license.
2. If the customer has chosen a purchase license, he receives a simple right of use in the long-term at the software he has called up or which has been delivered to him. If the customer has selected a time-limited or free license, the rights of use are granted for a limited time for the term of the underlying agreement. 

IV. Updates and Upgrades

1. In order to update or upgrade the software, a valid license to use the previous version of the purchase software is required, which is updated or upgraded to the latest version.
2. The customer is granted the right to use updates or upgrades in accordance with the underlying license type. If the customer has been provided with an update or upgrade for download, the rights of use for those parts of the standard software which are replaced by the upgrade expire at the time the respective update or upgrade is downloaded. At this point the customer's right to resell the replaced software expires.
3. Costs of Updates
   Updates are necessary if the firmware of the keyboard has been changed during the update so that the purchase license is no longer functional, or if a new version of the same software is provided by CMS-Sounddesign that corrects errors. In such a case, the customer will contact CMS-Sounddesign via email and - if this is technically possible - will receive an update version of the purchase license. The update of the purchase license is free of charge.
4. Costs of Upgrades 
   Upgrades represent functional extensions of the standard software. They can be obtained from the CMS-Sounddesign webshop at the prices stated there.

V.  Support Services

1. CMS-Sounddesign offers users of a purchase license free online support via email (Support@cms-sounddesign.de); users of a free license are not entitled to the support services. The online support provides technical help with questions about the functions and difficulties with the installation of the software product. The online support does not provide advice. Before using the support, the information provided by CMS-Sounddesign (instructions, manuals, FAQs, etc.) must be consulted.
2. CMS-Sounddesign offers free online support for the use of the current version of the software installed in the keyboard. Support for older versions is no longer provided. 

VI. Software Transfer

1. The transfer of time-limited or free licenses to a third party in any way is not possible.
2. A transfer of the rights of use for purchase licenses and / or temporary or free licenses to third parties for a limited period is not permitted, provided that it concerns rental, loan or leasing. The rights may not be transferred as a commission or any other indirect transfer.
3. Unless otherwise stipulated in this user agreement, the customer is entitled to sell the purchase license to a third party or to transfer it permanently free of charge, but only once and permanently to an end user. This transfer must contain all components of the software product, including all component parts, the media and materials provided (printed and / or digital media), of this license. In addition, the recipient of the software product must expressly agree to this user agreement in writing and the customer will give up the use of the software (including the keyboard on which the software is installed), delete all backup copies of the software and hand over the download file to the third party. The customer must remain liable.
4. Furthermore, the customer is obliged to de-register the purchased software with CMS-Sounddesign. Upon request by the customer - based on his email address registered with CMS-Sounddesign - CMS-Sounddesign transfers the software license to the third party, at the same time deleting the customer's registration for the software sold by him.

C. CMS-Sounddesign-Vouchers

Digital vouchers can be purchased in the webshop. These vouchers can be used to purchase products from the webshop range. The purchaser of a voucher receives an invoice and an individual voucher code by e-mail. The voucher can be given away by forwarding the voucher code. Several vouchers can be used for payment.

 

If a product is paid for with a voucher, the digital voucher code together with the customer's first and last name and order number must be sent to the following email address before delivery of the goods:

 

Gutschein@cms-sounddesign.de

 

If a remaining balance remains after the voucher has been cleared, this can be used for further purchases. If the voucher or the remaining balance of a voucher for the desired purchase is not sufficient, can proceed as follows:

 

1. purchase of a new voucher before ordering the products in the webshop,

2. payment of the balance by prepayment (bank transfer),

3. Paypal transfer (Please contact us by E-Mail Gutschein@cms-sounddesign.de).

 

The delivery of the goods takes place after receipt of the total invoice amount.

The current voucher account balance can be requested by e-mail under indication of the voucher code. 

 

The validity of the vouchers is regulated by law three years, calculated from the end of the year in which the voucher was purchased. Vouchers are generally excluded from exchange and / or refund.

 

We are not liable for loss, theft and misuse of a voucher.

D. Notes on the Right of Withdrawal

The information on the Right of Withdrawal can be found here.

E. Declaration of Data Protection

Our Declaration of Data Protection can be found here.

F. Ordering Process

In detail, the customer goes through the following technical steps when placing an order in the webshop:

1. Shopping Cart

The desired product quantity () can be set on the respective product page with "plus" () or "minus" (). The product is first added to the shopping cart by clicking the "In-den-Warenkorb (Add to shopping cart)" button (). The selected products are initially collected there. At the top right of the page, the number shown next to the shopping cart symbol () shows how many products are already in the shopping cart.

The products in the shopping cart can be displayed at any time using the shopping cart button (). In the shopping cart you can adjust the number of products () or remove products using the "x" button ().

 

Clicking on the button "Zur Kasse (Checkout)" () takes you to the next order step.

2. Checkout

After clicking on the "Zur Kasse (Checkout)" button () you will be forwarded to the next page. There you can log in with your customer account (email address and password). If you do not have a customer account, you can register as a new customer here. This is possible both by creating a customer account, but also without a customer account as a guest for an order. The following data is requested:

 

Firma (Company / only for traders)

USt-Idnr. (VAT ID no. / only for traders)

Anrede (Salutation)

Vorname (First name)

Nachname Surname)

Straße und Haus-Nr. (Street and House Number)

PLZ (Postcode)

Ort (Place)

Land (Country)

E-Mail-Adresse (E-mail address)

 

If desired, you can  tick the checkbox "Ich möchte mich für künftige Bestellungen registrieren und bitte um Aufnahme meiner Daten in Ihre Kundendatenbank. (I want to register for future orders and ask for my data to be added to your customer database.)" and so create a customer account. After completing the order, you will receive an email asking you to complete the registration.

If desired, a different delivery address can be given. For this purpose, the checkbox "abweichende Lieferadresse (Different delivery address)" must be selected and the delivery address specified.

The data collected is collected, processed and used in compliance with data protection regulations (see also the section "E. Declaration of Data Protection "). There is no other use or disclosure to third parties.

Click on "weiter (continue)" () to go to the shipping method. "Digitaler Download (Digital download)" is regularly shown here. Further information on the required instrument info file is given.

 

If you confirm this page with "weiter (continue)" (), you get to the selection of the payment method.

3. Select a payment method

The following payment methods are available:

• PayPal
• Vorkasse (Payment in advance)
• Gutschein (Voucher)

The preferred payment method can be selected. Confirming the page with "weiter (continue)" (), takes you to the "Prüfen & Bestellen (Check & Order)" page.

The billing and delivery address and the product order can be checked there. Right of Withdrawal, Data Protection Declaration and Terms and Conditions are provided.

After ticking the checkboxes "Ich habe die Allgemeinen Geschäftsbedingungen gelesen und erkenne sie hiermit an. (I have read the general terms and conditions and hereby accept them.)" and "Ich stimme ausdrücklich zu, dass Sie vor Ablauf der Widerrufsfrist mit der Ausführung des Vertrages / der beauftragten Dienstleistung beginnen. Mir ist bekannt, dass durch diese Zustimmung mit Beginn der Ausführung des Vertrages / bei vollständiger Vertragserfüllung mein Widerrufsrecht erlischt. (I expressly agree that you begin the execution of the contract / the contracted service before the withdrawal period expires. I am aware that this consent expires upon the start of the execution of the contract / when the contract has been fulfilled in full.)" The "Kaufen (Checkout)" button () can be clicked.

If necessary, comments on the order and delivery can be made at the end of the page.

 

With confirmation of the "Kaufen (Checkout)" button (), the different payment methods are used as follows:

a. PayPal

In the ordering process, the customer is forwarded to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, he must either be registered there or choose a payment method (credit card or direct debit)  legitimize with his access data and confirm the payment instruction to CMS-Sounddesign. The payment transaction is carried out automatically by PayPal immediately afterwards. The customer receives further information during the ordering process.

b. Vorkasse (Payment in advance)

The account details for the payment method "Vorauskasse (Payment in advance)" are displayed here. 

 

The customer transfers the invoice amount to CMS-Sounddesign within the next few days, stating the order or customer number.

c. Gutschein (Voucher)

CMS-Sounddesign Voucher (see also the section "C. CMS-Sounddesign Voucher")

 

The customer has a voucher and wants to use it to purchase a product. He selects "Gutschein (Voucher)" as the payment method and sends an email to "Gutschein@cms-sounddesign.de" stating the voucher code, the customer's first and last name as well as the order number.

Entries can be changed or corrected at any time during the purchase process using the menu items "Warenkorb (Shopping Cart)", "Adresse (Adress)", "Versand (Shipping)", "Zahlungsart (Payment Method)" and "Prüfen & Bestellen (Check & Order)".

 

When the order is completed, an order confirmation is automatically sent by email.