Terms and Conditions for Sound Spektakel
Effective: 08.10.2024
These Conditions
(1) This website (the “Site”) and/or the services, including all associated mobile applications (collectively: the “Services”), and all offers and sales of products (“Products”) through the Site, are owned and operated by Sound Spektakel (hereinafter also: “we”, “us”, and “our”). These Terms and Conditions (the “Conditions”) set forth the conditions under which visitors or users (collectively: “Users” or “You”) may access or use the Site and/or the Services and purchase Products.
(2) By accessing or using the Services, you agree to and are bound by these Conditions. If you do not agree with all the Conditions, you may not access the Site or use the Services. Please read these Conditions carefully before accessing our Site, using the Services, or purchasing Products. These Conditions explain who we are, how we sell Products to you, how you can withdraw from the purchase agreement, and what you can do if problems arise.
(3) You represent that you are of legal age and have the legal authority, right, and freedom to enter into a binding agreement based on these Conditions and to use the Services and purchase Products. If you are underage, you need permission from your parents or legal guardian to use the Services or purchase Products.
Purchase of Products/Services
(1) The purchase of Products and Services is subject to the applicable terms at the time of the purchase.
(2) When you purchase a Product/Service: (i) you are responsible for fully reading the item description before making a binding purchase, and (ii) placing an order on the Site (by completing a payment process via the "Order with Obligation to Pay" button or a similar button) may constitute a legally binding contract for the purchase of the respective Product, unless otherwise stated in these Conditions.
(3) You can select Products/Services from our selection by clicking the corresponding button and adding them to the shopping cart. Our prices are listed on the Site. We reserve the right to change our prices at any time and correct unintentional price errors. These changes do not affect the price for Products and Services you have already purchased. During the payment process, you will see an overview of all the Products and Services you have placed in the cart. The overview includes the essential features of each Product and Service, the total price of all Products and Services, applicable sales tax (VAT), and any shipping costs. On the payment page, you also have the option to review, modify, remove, or correct the Products, Services, and quantities. You can also recognize and correct any input errors via the editing function before submitting your final binding order. All delivery times specified apply from receipt of your payment of the purchase price. When you click the "Order with Obligation to Pay" button, you place a binding order to purchase the listed Products and Services at the specified price and with the stated shipping costs. To complete the order process via the "Order with Obligation to Pay" button, you must first acknowledge these Conditions as legally binding for your order by checking the corresponding box.
(4) We will communicate the delivery times for mixing and mastering services via email with our acceptance confirmation. This also applies in cases where we offer a payment method—and you choose this payment method for your order—where a payment process is initiated immediately upon submission of your order (e.g., electronic transfer or real-time transfer via PayPal, Giropay, Paydirekt). In such a case, the legally binding agreement is concluded when you initiate the order process, as described above, by clicking the "Order with Obligation to Pay" button.
(5) We will then send you an order confirmation via email, which lists your order again, and you can print or save it using the corresponding function. Please note that this is an automatic notification, merely confirming that we have received your order. It does not indicate that we have accepted your order.
(6) The legally binding agreement for the purchase of the Products is only concluded when we send you an acceptance declaration via email or dispatch the Products to you. We reserve the right not to accept your order. This does not apply in cases where we offer a payment method—and you choose this payment method for your order—where a payment process is initiated immediately upon submission of your order (e.g., electronic transfer or real-time transfer via PayPal, Giropay, Paydirekt). In such cases, the legally binding agreement is concluded when you initiate the order process as described above, by clicking the "Order with Obligation to Pay" button.
(7) The purchase agreement may be concluded in German and English. After the contract is concluded, the contractual terms will be stored with us, and you will no longer have access to them.
Right of Withdrawal
You can withdraw from this contract within 14 days without stating any reasons.
The withdrawal period expires 14 days after the conclusion of the contract. To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of an unequivocal declaration (e.g., a letter sent by post, fax, or email). You may (but are not required to) use the attached withdrawal form (Annex 1) for this purpose. You may also fill out and submit the withdrawal form or any other unequivocal declaration electronically on our website. You can access our withdrawal form here: Withdrawal Form.
If you use this option, we will promptly send you a confirmation of receipt of such a withdrawal on a durable medium (e.g., by email). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we will refund all payments we have received from you, including delivery costs (except for additional costs arising from a delivery method that you have chosen, which differs from the cheapest standard delivery method offered by us), without undue delay and in any event no later than 14 days from the day we receive the notification of your withdrawal. We will carry out the refund using the same payment method that you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of this refund.
Exceptions to the Right of Withdrawal
The right of withdrawal does not apply to contracts for the delivery of digital content (including streaming, downloads, etc.) that is not supplied on a physical data carrier (e.g., CD or DVD) if you have expressly agreed that we begin the performance of the contract before the withdrawal period has expired and you have confirmed that you are aware that you lose your right of withdrawal once the performance of the contract has begun.
Warranty for Products
We are liable under statutory warranty provisions for quality defects and/or legal defects of Products you purchase from us.
Storage of Online Payment Information
You can save a preferred payment method for future use. In such cases, we will store this payment information in accordance with applicable industry standards, if any (e.g., PCI, DSS). You can identify your saved card by its last four digits.
Vouchers, Gift Cards, and Other Offers
From time to time, vouchers, gift cards, discounts, and other offers (“Offers”) may be available for our Products. Such offers are only valid for the period specified in the offer. Offers may not be transferred, modified, sold, exchanged, reproduced, or distributed without our express written consent.
Member Account
(1) To access certain areas and features of our Site, you must first register and create an account (“Member Account”). You must provide accurate and complete information when registering your Member Account.
(2) If someone other than you accesses your Member Account and/or settings, they may perform all actions available to you, such as making changes to your Member Account. Therefore, we strongly recommend that you keep your Member Account login details secure. Any such activities will be deemed to have occurred on your behalf, and you will be solely responsible for those activities conducted under your Member Account—regardless of whether they were expressly authorized by you—as well as for any damages, expenses, and losses resulting from them. You are liable for the activities related to your Member Account as described if you negligently allow the use of your Member Account by failing to take appropriate care in protecting your login details.
(3) You can create and access your Member Account via a designated website or through a third-party platform such as Facebook (the “Social Network Account”). When you register via a third-party platform account, you grant us access to certain information about you stored in your Social Network Account.
(4) We may suspend or block your access to the Member Account permanently or temporarily without liability to you in order to protect ourselves, our Site, and our Services or other users if, for example, you violate the provisions of these Conditions or applicable laws and regulations related to your use of the Site or your Member Account. This may occur without prior notice if circumstances require immediate action; in such cases, we will inform you as soon as possible. Furthermore, we reserve the right to terminate your Member Account with two months’ notice via email if, for instance, we discontinue our member account program. You may discontinue use and request deletion of your Member Account at any time by contacting us.
Permissible Use
(1) Our Services are provided to you for informational purposes and for personal, non-commercial use only. When using our Services, you must comply with these Conditions and all applicable laws.
(2) Unless explicitly permitted by these Conditions, it is not allowed to: (i) use our Services in an illegal or fraudulent manner (including infringing the rights of third parties) or for purposes of collecting personal data or impersonating other users; (ii) modify or use our copyright, trademark, or other proprietary rights notices, or interfere with the security-related features of our Services; (iii) use our Services in any way to manipulate or falsify content or undermine the integrity and accuracy of content or take actions to disrupt, damage, or interfere with parts of our Services; (iv) use our Services to send, receive, upload/post, download content that does not comply with our content standards; (v) use our Services to send unsolicited or unauthorized advertising or promotional material or to enable its transmission; (vi) use our Services to transmit or upload data containing viruses, Trojan horses, worms, time bombs, keystroke logging, spyware, adware, or other harmful programs or similar computer code designed to affect the operation of computer software or hardware; (vii) use robots, spiders, other automatic devices, or manual processes to monitor/copy our or other Sites or content contained in our Services, or use network monitoring software to determine the architecture of our Services or extract usage data from our Services; (viii) engage in any conduct that restricts or inhibits other users from using our Services, or (ix) use our Services for commercial purposes or in connection with a commercial activity without our prior written consent. You agree to fully cooperate with us in investigating any activity suspected or alleged to violate these Conditions.
Intellectual Property Rights
(1) Our Services and related content (and all derivative works or improvements thereof), especially with respect to all texts, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, content, materials, products, services, URLs, technology, documentation, trademarks, service marks, trade names, and trade dress, as well as interactive features and all intellectual property rights thereto, are either owned by us or licensed to us (collectively: “our intellectual property rights”), and nothing in these Conditions grants you any rights in relation to our intellectual property rights. Unless expressly stated here or required by mandatory law for the use of the Services, you do not acquire any rights, claims, or interests in our intellectual property rights. All rights not expressly granted in these Conditions are expressly reserved.
(2) If the Products include digital content, such as music or videos, the rights granted to you in relation to such content are as stated on the Site.
Disclaimer of Warranties for Use of the Site and Services
The Services, our intellectual property rights, and all information, materials, and content provided in connection with them and made available to users free of charge are provided “as is” and without warranties of any kind, whether express or implied (warranties of fitness for a particular purpose or warranties regarding the security, reliability, timeliness, accuracy, and performance of our Services, among others)—except in cases of malicious non-disclosure of defects. We do not warrant that free Services will be provided uninterrupted and error-free or that they will meet your requirements. Access to the Services and the Site may be suspended or restricted due to repairs, maintenance, or updates. The warranty for Products you purchase from us as outlined in the section "Warranty for Products" above remains unaffected.
Indemnification
You agree to defend and hold us harmless from and against any actual or alleged claims, damages, costs, liabilities, and expenses (including reasonable attorney fees) arising from or in connection with your use of the Website and Services in violation of these Conditions, including, in particular, any use that breaches the restrictions and requirements set forth in the section “Permissible Use,” unless such circumstances are not due to your fault.
Limitation of Liability
(1) We are only liable in cases of intent, gross negligence, negligent injury to life, body, or health, or in cases of slight negligence in breaching an essential contractual obligation, and only in the case of paid Services or the sale of Products. An “essential contractual obligation” means an obligation whose fulfillment is a prerequisite for the proper implementation of the agreement and which you typically rely on and can reasonably rely on. Our liability for slight negligence in breaching an essential contractual obligation is limited to the amount of a typical and foreseeable damage for this type of contract. Our liability under the Product Liability Act or in the event that we have explicitly provided a guarantee remains unaffected.
(2) The foregoing provisions apply to our contractual (including liability for wasted expenses) and non-contractual liability (including liability in tort) as well as to liability arising from pre-contractual conduct (culpa in contrahendo). They also apply in favor of our managing directors, officers, or other legal representatives, employees, and vicarious agents.
Modification of the Conditions and Services; Discontinuation
We reserve the right to modify these Conditions at our sole discretion from time to time to reflect changes in law or additional features that we may introduce, or as we continue to develop our business. Therefore, you should read these Conditions regularly and, in any event, during the checkout process when you purchase Products. The new Conditions will apply to any new orders you place after the effective date of the new Conditions. If the ongoing Services you use are affected by changes to the Conditions, we will take your legitimate interests into reasonable account. We will inform you of such changes well in advance. The changes will be considered accepted by you if you do not object to these changes within two months after this notification. We will inform you of this in our notice. If you object to the changes, we have a special termination right—without further obligations to you—that becomes effective on the effective date of the changes. We may modify the Services, discontinue the provision of the Services or one or more features of the offered Services, or restrict the Services. We may terminate or suspend access to the Services permanently or temporarily—without giving reasons and without further obligations. We will notify you in advance if circumstances allow and will take your legitimate interests into account in such measures.
Links to Third-Party Websites
The Services may contain links that allow you to leave the Site. Unless otherwise indicated, the linked pages are not under our control, and we are not responsible for the content of linked pages, for links contained on a linked page, or for changes and updates to such pages. We are not responsible for transmissions received from a linked website. Links to third-party websites are provided for informational purposes only. The fact that we have added links to other websites does not mean that we endorse the owners or content of those sites.
Applicable Law
(1) These Conditions are governed by the laws of the Federal Republic of Germany (without regard to its conflict of law provisions) and must be interpreted accordingly.
(2) The European Commission provides a platform for online dispute resolution (ODR), accessible at: https://ec.europa.eu/consumers/odr/. Please note that we are not obligated to participate in dispute resolution proceedings before a consumer arbitration board.
Miscellaneous
(1) A waiver by either party of any breach or default under these Conditions shall not constitute a waiver of any preceding or subsequent breach or default.
(2) The headings used in these Conditions are for convenience only and have no legal significance.
(3) Except as otherwise expressly provided, if any part of these Conditions is found to be unlawful or unenforceable for any reason, it is agreed that that part of the Conditions will be severed, and the remaining Conditions will remain in full force and effect.
(4) You may not assign your agreement with us or any or all of your contractual rights or obligations without our prior written consent.
(5) These Conditions constitute the entire agreement and supersede all prior written or oral agreements between you and us in connection with the Services and the sale of Products.
(6) Provisions of these Conditions that by their nature should survive such action shall survive, particularly provisions regarding indemnities, disclaimers, liability limitations, and this "Miscellaneous" section.
Contact
To contact us, please email us at: info@soundspektakel.com or use our contact form.
Annex 1: Withdrawal Form
Withdrawal Form
(Only fill out and return this form if you wish to withdraw from the contract)
To:
Sound Spektakel
Email-Address: info@soundspektakel.com
I/ we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the sale of the following goods (*)/for the provision of the following services:
Ordered on (*)/received on (*)
Name of customer(s)
Address of customer(s)
Date
(*) Delete as appropriate.