Terms and Conditions

GENERAL TERMS AND CONDITIONS OF TRADE

1 Purview

  • These general terms and conditions of trade apply to all different orders, which you (following also as “customer”; “user”) trade with the operator of the website (dream-union-beats.com).

 

  • 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 trade payments via Internet. Parents of underaged persons are requested to control and to protect the activity of them within the internet.

 

  • 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.

 

  • These general terms and conditions of trade are only written in a German and English version.

 

  • You can call and print these terms and conditions everytime on our website under the following link:

 

2 Contract Conclusion

  • 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.
  • 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 if necessary.
  • With the links on the 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.
  • Only by unlocking the download link the contract takes place

 

3 Prices

Momentary all prices are without the statutory value added tax, because of the small-business-option according to German 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. Dispatch-charges will not be raised, because of the digital delivery.

 

4 Payment-methods; Payment-delay

  • Payment appears only by Credit-Card or by PayPal.
  • The selection of the different payment methods is our decision.
  • For Payment with Creditcard the price will be reserved at that point of time where the order gets active. Directly after that when you receive the product-download-link your Creditcard-Account gets charged.
  • 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 Agreeing the order in our shop we will receive the payment throughout PayPal. All these Tips and more you can find during the PayPal order-process.
  • Because of the offered Payment-methods a Payment delay is impossible. You can only fulfil the order by paying immediately.

 

5 Cancellation Terms

  • 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 te 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 is given by a checkbox under the order-formular and the order only appears successfully if this checkbox is active.

 

6 Warranty

  • If there is not agreed something different your Warranty-rights accord to statutory regulations of Trade.
  • 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.
  • For damages which last longer than two years the seller is not liable anymore.
  • 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 problems within your Purchase. These problems are requested to show the seller within 7 days.
  • For defects which are accepted from the seller we give rectification immediately.
  • When defects are not able to solve even after 2 times of rectification the seller has to give discount or you get your paid money back. This depends on certain case and is a decision of both parties.

 

7 Liability

  • 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.
  • 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
  • All digital goods given by the seller are copyright-saved fundamentally.
  • The Customer buys a Right of use under specific terms which are regulating further distribution rights. According to this there exist regulations for the allowed amount of copies to sell and streams (Streams here as View-numbers on different Video/Music-platforms on the internet).
  • The Customer has 4 different options which are similar to Leasing-products:

a

Silver: The Customer receives a MP3-Audiofile and is allowed to sell up to max. 3.000 copies and reach 20.000 streams. The download appears directly after the payment. If the buyer is over these numbers he is requested to contact the seller for a higher licence. If this does not happen the seller contacts the customer, possibly in case of a dispute by using a lawyer. If he buys a higher licence the already paid price will be subtracted from the new price. This is a Non-Exclusive licence, original copyright is for the seller.

b

Gold: The Customer receives a WAV-Audiofile and is allowed to sell up to max. 3.000 copies and reach 20.000 streams. The download appears directly after the payment. If the buyer is over these numbers he is requested to contact the seller for a higher licence. If this does not happen the seller contacts the customer, possibly in case of a dispute by using a lawyer. If he buys a higher licence the already paid price will be subtracted from the new price. This is a Non-Exclusive licence, original copyright is for the seller.

c

Platin: The Customer receives a WAV-Audiofile and is allowed to sell unlimited copies and streams. The download appears directly after the payment. If the buyer is over these numbers he is requested to contact the seller for a higher licence. If this does not happen the seller contacts the customer. If he buys a higher licence the already paid price will be subtracted from the new price. This is a Non-Exclusive licence, original copyright is for the seller.

d

Diamond: The Customer receives a WAV-Audiofile an dis allowed to sell unlimited copies and streams. The download appears directly after the payment. The customer is getting all copyright and has the right to sell it again. Also the Beat will be taken off the shop.

 

  • The customer who buys NON-EXCLUSIVE licences is not allowed to distribute only the beat (Instrumentals) to others without questioning the seller.
  • EXCLUSIVE licences can be sold, because the new owner has bought all copyright.
  • 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.

 

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.