TERMS OF SERVICE
- 1 Scope and provider
1.1 These general terms and conditions apply to all orders that you (customer of the online shop “www.dream-union-beats.com”) place.
1.2 The range of goods in our online shop is aimed exclusively at buyers who have reached the age of 18. The verification of the exact date of birth does not take place, the customer only has to confirm in the available opt-in box of the order form that he/she accepts the general terms and conditions explained here and thus also that he/she has reached the age of 18, whereupon he/she / it is able to make purchases. The shop operator assumes no responsibility / liability for minors who make purchases over the Internet. Parents have a responsibility to monitor and/or protect their children’s online activity.
1.3 Our digital deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The general terms and conditions also apply to companies for all future business relationships, unless otherwise agreed. The inclusion of a customer’s general terms and conditions that contradict our general terms and conditions is contradicted here and now.
1.4 These General Terms and Conditions are only available in German and English. If you prefer another language for better understanding, we would like to point out that there are excellent online tools that easily master the translation into all languages (e.g. Google Translator).
1.5 You can call up and print out the currently valid General Terms and Conditions on the website [specify link] at any time.
- 2 Conclusion of contract
- The presentation of goods in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-binding invitation to order digital products/services in the online shop.
- By clicking on the button [“Order now with obligation to pay”/”Buy”] you submit a binding purchase offer. Immediately before submitting this order, you can check the order again and, if necessary, correct the products / prices / personal details in the shopping cart.
- The contract is only concluded when the content is activated or a link is provided by the sales platform.
- 3 Prices & Sales Tax
The prices stated on the product pages do not include the statutory value-added tax and other price components, since the website operator, as a registered small business owner under European Union law, is currently not entitled to collect and pay the corresponding value-added tax (EU directive in tax law since January 1st, 2019). Falling below an annual turnover / profit threshold entitles us to avoid the OSS sales tax procedure until the company “Martin Dembowski S.E.” achieves these sales / profits. Third countries, i.e. countries outside the European Union, have their own sales tax regulations for the sale of digital products. For every country in the world, the respective regulations were checked and some states, such as u. Turkey, Russia, the Arab Emirates, India etc. excluded from the offer. For this purpose, a so-called “geoblockade” was introduced based on the users’ IP data, which checks the user’s IP address and, if necessary, prevents him from accessing our shop. It is not in our hands that this blockage can easily be circumvented by using a VPN server and therefore, in order to act legally in terms of tax law, we reserve the right for sales to third countries that do not allow exemption limits for the payment of sales tax collected (those above) to provide a prompt and full refund.
- 4 Terms of Payment
4.1 Payment is made using the payment provider “PayPal”. We are responsible for selecting the available payment methods. In particular, we reserve the right to offer you only selected payment methods for payment.
4.2 With PayPal, you have the option of deducting credit from your PayPal account and using it for the order. You can also use your debit account or credit card. In both cases, the relevant data must be entered and verified in the PayPal checkout process. If the entry is successful, the purchase price will be credited to our PayPal business account immediately and your means of payment will also be debited.
4.3 When paying by credit card, the purchase price will be reserved on your credit card at the time the order is placed (authorization). Your credit card account is actually debited when we send the goods (automatically, digitally) to you.
4.4 When paying with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. In order to be able to pay the invoice amount via PayPal, you must be registered there or register first, identify yourself with your access data and confirm the payment order to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. You’ll get more information during the ordering process. The payment transaction is carried out automatically by PayPal immediately afterwards.
4.5 Due to the payment methods offered and the automatic digital delivery, default in payment is excluded. The order can only be placed if the data you entered is correct for the respective means of payment (check by PayPal).
- 5 Lieferung
- Sofern nicht anders vereinbart, erfolgt die Lieferung der Ware durch das Bereitstellen eines Links auf einer Webseite. Dieser kann von Ihnen per Klick betätigt werden und damit startet der Download auf das von Ihnen gewählte Speichermedium.
- Es liegt im Verantwortungsbereich des Kunden, geeignete Software (geeignetes, leistungsfähiges Betriebssystem) und Hardware (geeigneter PC, Internetverbindung, ausreichend große Speichermedien) bereitzuhalten, die ein ordnungsgemäßes Bestellen, Herunterladen und Abspeichern der Dateien und Inhalte ermöglichen, damit der Lieferungsprozess problemfrei ausgeführt werden kann. Haftung für fehlerhafte Verwertung durch unzureichende Ausstattung des Endnutzers ist von unserer Seite her grundsätzlich ausgeschlossen.
- Sollten unsererseits Fehler auftreten, die ein Bestellen / Herunterladen / Öffnen / Bearbeiten (natürlich angemessen nach den jeweilig vereinbarten Lizenzangeboten; siehe §9) stören oder unmöglich machen, so obliegt es dem Käufer den Verkäufer jederzeit zu kontaktieren unter der geschäftlichen Mail Adresse: email@example.com . Der Shopbetreiber wird sich innerhalb von spätestens 48 Stunden zurückmelden, um eine Lösung des Problems bereitzustellen.
- 6 Widerrufsbelehrung
6.1 Ein Widerrufsrecht erlischt gemäß § 356 Abs. 5 BGB bei einem Vertrag über die Lieferung von nicht auf einem körperlichen Datenträger befindlichen digitalen Inhalten, wenn der Unternehmer mit der Ausführung des Vertrags begonnen hat, nachdem der Verbraucher ausdrücklich zugestimmt hat, dass der Unternehmer mit der Ausführung des Vertrags vor Ablauf der Widerrufsfrist beginnt und seine Kenntnis davon bestätigt hat, dass er durch seine Zustimmung mit Beginn der Ausführung des Vertrags sein Widerrufsrecht verliert.
6.2 Diese ausdrückliche Zustimmung muss der Käufer im Vorfeld der Kaufbestätigung geben, mittels der dafür vorgesehenen „Opt-In-Box“ unterhalb des Bestellformulars.
- 7 Warranty
7.1 Unless otherwise expressly agreed, your warranty claims are based on the statutory provisions of sales law (§§ 433 ff. BGB).
7.2 If you are a consumer within the meaning of § 13 BGB, the liability period for warranty claims for used items is
– deviating from the legal regulations
– a year.
7.3 This limitation does not apply to claims based on damage resulting from injury to life, limb or health or from the breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation ) as well as for claims due to other damages based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
7.4 Otherwise, the statutory provisions apply to the warranty, in particular the two-year limitation period in accordance with Section 438 Paragraph 1 No. 3 BGB.
7.5 If you are an entrepreneur within the meaning of § 14 BGB, the statutory provisions apply with the following modifications:
7.6 Only our own information and the manufacturer’s product description are binding for the quality of the goods, but not public promotions and statements and other advertising by the manufacturer.
7.7 You are obliged to examine the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects found later upon discovery. In the event of a breach of the obligation to examine and give notice of defects, the assertion of warranty claims is excluded.
7.8 In the event of defects, we shall provide a warranty, at our discretion, by rectification or replacement delivery (subsequent performance). In the case of rectification, we do not have to bear the increased costs that arise from transporting the goods to a location other than the place of performance if the transport does not correspond to the intended use of the goods.
7.9 If the supplementary performance fails twice, you can either request a price reduction or withdraw from the contract.
7.10 The warranty period is one year from delivery of the goods.
- 8 Liability
8.1 Unlimited liability: We have unlimited liability for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence, we are liable for damage resulting from injury to life, limb and health of persons.
8.2 The following limited liability also applies: In the event of slight negligence, we are only liable in the event of a breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you can regularly rely (cardinal obligation). The amount of liability for slight negligence is limited to the damage that was foreseeable at the time the contract was concluded and the occurrence of which must typically be expected. This limitation of liability also applies to our vicarious agents.
- 9 Copyright and Rights of Use
9.1 All digital content provided by the seller is protected by copyright.
9.2 In principle, the customer acquires a right to use the music files offered under certain conditions. Accordingly, he receives rights of use, which are referred to here as “leases”. “Lease” (which expressly does not mean the classic “leasing” model!) means a contract in which the seller grants the buyer certain rights with regard to use and exploitation in the commercial sector.
9.3 The buyer has different lease models for the offered music products:
- “Basic”: The customer receives an MP3 audio file (without the trademark-protecting watermarks “voice tags”) and can publish and use it commercially as long as he has the maximum of 2,000 sales or 10,000 streams (streams is the number of views on various Internet platforms, such as YouTube®, Spotify® etc. on which the finished pieces are made available for listening free of charge or for a fee). The copyright remains with the seller. In addition, the piece can be used in live performances and in 1 music video.
- “Premium”: The customer receives a wav audio file (without the trademark-protecting watermarks “voice tags”) and can publish and use it commercially as long as he does not exceed the maximum of 5,000 sales or 100,000 streams. The copyright remains with the seller. In addition, the piece can be used in live performances and in 2 music videos.
- “Premium + Trackout”: The customer receives a wav audio file (without the trademark-protecting watermarks – “voice tags”), as well as the “trackout stems” (individual audio tracks) associated with the piece and can publish and use them commercially as long as he does not exceed the maximum of 5,000 sales or 100,000 streams. The copyright remains with the seller. In addition, the piece can be used in live performances and in 2 music videos.
i.e. “Unlimited + Trackout”: The customer receives the WAV audio file and the trackout stems associated with the piece and is entitled to sell them regardless of the number of sales or streams. In addition, the piece can be used in live performances, as well as in unlimited music videos.
9.4 In particular, he may not distribute the acquired titles either digitally or in printed form, in whole or in part (§ 17 UrhG), make them publicly accessible (§ 19a UrhG) or pass them on to third parties in any other form.
9.5 The granting of the rights of use by the seller is subject to the condition precedent that the purchase price has been paid in full.
9.6 In the event of unauthorized use of the digital content by the purchaser or a third party, the purchaser undertakes to pay a contractual penalty per act of infringement, to be determined by us at our reasonable discretion and, in the event of a dispute, to be reviewed by the competent court.
- 10 Alternative Dispute Resolution
The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to initially settle disputes in connection with their online order without going to court. The dispute resolution platform can be reached via the external link
We endeavor to settle any differences of opinion arising from our contract by mutual agreement. In addition, we are not obliged to participate in an arbitration procedure and unfortunately cannot offer you participation in such a procedure.
- 11 Final Provisions
11.1 Should one or more provisions of these General Terms and Conditions be or become invalid, this shall not affect the validity of the other provisions.
11.2 German law applies exclusively to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”). Mandatory provisions of the country in which you usually reside remain unaffected by the choice of law.
11.3 If you are a merchant, a legal entity under public law or a special fund under public law, our place of business is the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.