Terms and Conditions

_______

IMPRINT

Martin Dembowski – Single Enterprising
Small-Business-Status (according to §19 UStG, Germany)

Büdnerweg 11
18258, Neu Wiendorf
Mecklenburg Vorpommern 
Germany
E-Mail: martin(at)dream-union-beats.com
Tel.: +49 172 246 9620

Content-related responsibility according to § 5 TMG and § 55 article 2 RStV
For the accuracy and actuality of content only the certain creators of the single sites are responsible.

Martin Dembowski 
Büdnerweg 11
18258, Neu Wiendorf
Mecklenburg Vorpommern 
Germany
E-Mail: martin(at)dream-union-beats.com
Tel.: +49 172 246 9620

Technical responsibility 

Martin Dembowski 
Büdnerweg 11
18258, Neu Wiendorf
Mecklenburg Vorpommern 
Germany
E-Mail: martin(at)dream-union-beats.com
Tel.: +49 172 246 9620

 

 

GENERAL TERMS AND CONDITIONS OF TRADE


1 Purview

  1. These general terms and conditions of trade apply to all different orders, which you (following also as “customer”; “user”) trade with the operator (following as “seller”) of the website – dream-union-beats.com.
  2. The variety of products and services in the online shop only point to persons who are over the age of 18 years. The verification of the customers age does not appear. He is only requested to agree in a special “Opt-In-Box” that he is over 18 years of age before he finishes the process of order. The operator of the website does not take responsibility for underaged persons, who run payments within the Internet. Parents of underaged persons are requested to control and to protect the activity of them within the internet.
  3. Our Services and Offers only appear on the foundation of here explained terms and conditions. These apply also to all future trades, also for business-customers, except it is agreed something different within both parties. The including of other general terms and conditions of trade which do not fit with our regulations are contradicted already now.
  4. These general terms and conditions of trade are only written in an English version.

 

2 Contract Conclusion

  1. The presentation of products in the online shop does not show a binding application on a concluding trading-contract. It is more a not binding request to order our products/services in the online shop.
  2. By clicking the button “order now” the customer is giving a binding buying-offer (§145 german BGB). Directly before this action you are requested to check again your order-information and correct it if necessary.
  3. With the links on the footer ground of every single page of our website the visitor can learn about our terms and conditions, our Cancellation Terms and our Privacy Policy. By hitting the Button of buying for PayPal he sets his agreement with these terms and the official contract-conclusion takes place

 

3 Prices

Momentary all prices are without the statutory value added tax, because of the small-business-status of the seller according to German and European laws. This is allowed because of the European regulation being active since 1.1.2019 with the regulation 2017/2455, which says that small businesses who are not allowed to take the Value Added Tax can show net-prices on their product-price-offers. Dispatch-charges will not be raised, because of the digital delivery.

 

4 Payment-methods; Payment-delay

  1. Payment appears only by the third-party payment provider PayPal®
  2. The selection of the different payment methods is the decision of the seller.
  3. For Payment with PayPal® you will be lead directly to its website during the order-process. To be able to pay with PayPal you must be registered there or register an account immediately. Then you agree the payment in our favour after again checking the right payment and price information within the checkout formula. After agreeing the order in our shop and within the process of PayPal we will receive the certain amount by PayPal. All these tips and further information you can also find on PayPal´s website.
  4. Because of the offered Payment-methods a Payment delay is impossible. You can only fulfil the order by paying immediately through PayPal. Directly after the fulfilled payment with PayPal you should be automatically redirected to a certain “ThankYou-Page” on our website. Right after that you receive an email where you find all the detailed information of your processed purchase and also the download link of your product. 

 

5 Cancellation Terms

  1. The right of cancellation expires for a contract about the dispatch of digital downloads by using download-links and not by physical-Data-media if the customer has given his agreement explicitly that after the order is completed the customer has no right of cancellation anymore. This is because of the fact it can not be proven, in case of cancellation, that the customer has not saved a copy of the concerned digital product. The agreement to this is given by a checkbox under the order-formula and the order only appears successfully if this checkbox is active.

 

6 Warranty

  1. If there is not agreed something different your Warranty-rights accord to statutory regulations of Trade.
  2. You as a consumer have a Warranty-time of 1 year. In this time you have the right to contact the seller about damages, mistakes, problems within your purchase and he has to solve this problems as soon as possible.
  3. For damages which last longer than two years the seller is not liable anymore.
  4. The nature and the regulations of your product are described in these terms and conditions. Therefore you have to check if the downloads starts correctly; if you got the right Audio-Format; if there are any other (technical) problems within your purchase or download. These problems are requested to show the seller within 7 days after purchasing.
  5. For defects which are accepted from the seller we give rectification immediately.
  6. When defects are not able to solve even after 2 times of rectification the seller has to give your paid money back. This depends on certain case and is a common decision of both parties.

 

7 Liability

  1. We are liable unlimited for intention and gross negligence according to product-liability-laws. For light negligence we are liable for damages of hurting life, body or human health.
  2. Furthermore it works limited liability. For light negligence we only are liable in case of hurting the duty of the contract between us and the customer, which even makes the fulfilment of contract possible and on which you can trust fundamentally (cardinal duty). The liability for light negligence is limited by the amount on the predictable damages.

 

8 Copyright and terms of use

  1. All digital goods given by the seller are copyright-saved fundamentally.
  2. In general the Customer buys a Right of use under specific terms which are regulating further distribution rights, certained for further profitable projects. According to this exist regulations for the allowed amount of copies to sell and amount of streaming numbers (streams here as view-numbers on different online-video- and -music-platforms, like Spotify etc.).
  3. The grant of the different terms of use is only given after the acquisition of one of our different licences.In case of an unjustified use of our digital goods by the buyer or a third party, the buyer requests himself for the payment amount according to our measurements and in case of a court dispute a contract-punishment which will be decided by the responsible court.
  4. The seller of these digital audio-products and licenses reserves the right, if the trade affects a Non-Exclusive license agreement (so the main copyright is still in the possession of the seller), to contact the customer to negotiate a certain profit-share of the generated winnings that are caused by the possibly created musical material and its profitable distribution by the customer. Such a negotiation needs to be accepted by the customer since the 1st of July, 2020.  
  5. The customer has 4 different options which are similar to leasing-products:

 

a

Silver: The customer receives a high-quality MP3-audiofile and is allowed to sell up to max. 2.000 copies and reach up to 500.000 streams, while he has to credit the producer whenever distributing it by naming the name of the sellers online-brand “produced by DreamUnionBeats”.
The download appears directly after the payment. If the buyer gets his further distributions over these numbers he commits himself to contact the seller immediately for purchasing (upgrading) a higher licence. If this does not happen by the customer automatically, the seller can contact the customer, possibly in case of a dispute by using a lawyer.
If he buys a higher licence to upgrade his license the already paid price will be subtracted from the new price. This is a non-exclusive licence, full copyright is staying in the seller possession. Furthermore the customer has different options to act on with the purchased license, such as using the audio for profitable-live-performances, using it in 1 marketable music-video, broadcast the further song to 2 radio-stations.

b

Gold: The customer receives a high-quality WAV-audio-file and is allowed to sell up to max. 3.000 copies and reach up to 500.000 streams, while he has to credit the producer whenever distributing it by naming the name of the sellers online-brand “produced by DreamUnionBeats”.
The download appears directly after the payment. If the buyer gets his further distributions over these numbers he commits himself to contact the seller immediately for purchasing (upgrading) a higher licence. If this does not happen by the customer automatically, the seller can contact the customer, possibly in case of a dispute by using a lawyer.
If he buys a higher licence to upgrade his license the already paid price will be subtracted from the new price. This is a non-exclusive licence, full copyright is staying in the seller possession. Furthermore the customer has different options to act on with the purchased license, such as using the audio for profitable-live-performances, using it in 1 marketable music-video, broadcast the further song to 2 radio-stations.

 

c

Platin: The customer receives a high-quality WAV-audio-file and is allowed to sell up to unlimited copies and reach up to 500.000 streams, while he has to credit the producer whenever distributing it by naming the name of the sellers online-brand “produced by DreamUnionBeats”.
The download appears directly after the payment. If the buyer gets his further distributions over these numbers he commits himself to contact the seller immediately for purchasing (upgrading) a higher licence. If this does not happen by the customer automatically, the seller can contact the customer, possibly in case of a dispute by using a lawyer.
If he buys a higher licence to upgrade his license the already paid price will be subtracted from the new price. This is a non-exclusive licence, full copyright is staying in the seller possession. Furthermore the customer has different options to act on with the purchased license, such as using the audio for profitable-live-performances, using it in 1 marketable music-video, broadcast the further song to 2 radio-stations.

 

d

Diamond: The customer receives the full audio material, which was previously created, such as the Mp3 plus Wav file, as well as the whole trackout-stems upon his request of the certain DAW-project, so he can do the process of mixing the audio again.
Because of the exclusive status of this trade the seller will is no more allowed to sell any further copies of this digital product any longer. By the fulfillment of this trade he is giving the whole copyright of this instrumental into the hands of the customer, who can resell it as an instrumental or use it for any other profitable projects or distributions in the future at his own discretion.
There does not exist any set price for an exclusive license and it will be negotiated before any trade is occuring. 

Any other customers who already claimed a non-exclusive license before of that same product stay untouched of the new copyright owner. The seller has to take out the product of his web-store. Any promotional videos of that product on different platforms will not be deleted as an exclusive sale happens, only the notice of the word “(SOLD)” is added to titles and descriptions. 

 

9 Alternative dispute resolution

The European Union has a platform for alternative dispute resolutions out of court. Consumers have the opportunity to find resolutions for disputes according to their online-order firstly without activating a court. This platform is free to use and reachable under this link:
http://ec.europa.eu/consumers/odr/
We are engaged to find mutual agreement resolutions for eventual different opinions of our contracts. Furthermore we are not requested to participate on such actions so its our decision if we go other ways.

 

10 Ending-regulations

Should one or more regulations of these terms and conditions get ineffective the effectivity of the other terms is not touched.
For contracts between you and us only European laws are effective under the exception of regulations given by United Nations Convention on Contracts for the International Sale of Goods (CISG “UN-Sale-Laws). Regulations of the country where you live usually stay untouched.