General terms and conditions with cancellation policy and customer information

1 area of ​​validity

1.1 The following general terms and conditions apply exclusively to the business relationship between DM Digitals UG (haftungsbeschränkt), Hannoversche Str. 18, 32756 Detmold, Germany, email: savagesounds1@gmail.com (also referred to as “Seller”) and the customer (also referred to as “Customer”) ( also referred to as “Terms and Conditions”) in the version valid at the time of the order.

1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that cannot predominantly be attributed to either their commercial or independent professional activity.

1.3 An entrepreneur (also referred to as a business customer) is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. Freelancers or legal entities under public law (e.g. authorities) are also considered business customers. We reserve the right to check a customer's entrepreneurial status, e.g. by submitting appropriate documents (business registration, etc.).

1.4 Deviating conditions from the customer will not be recognized unless the seller expressly agrees to their validity.

2 Offers and service descriptions

The presentation of the products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. Service descriptions in catalogs and on the seller's websites do not have the character of an assurance or guarantee. Otherwise, errors remain.

3 Ordering process and conclusion of contract

3.1 The customer can select products from the seller's range without obligation and collect them in a so-called shopping cart using the "Add to shopping cart" button. The product selection within the shopping cart can be changed, e.g. deleted. Afterwards or alternatively immediately, the customer can complete the ordering process using the “Pay now” button. Using the “Buy Now” button, the customer can immediately choose the payment method as part of a so-called “Express Checkout”. Furthermore, if available, voucher codes can be entered within the shopping cart.

3.2 By clicking on the “Checkout”, “Continue to payment method” and “Check order” buttons, the customer goes to the order completion page and is first asked to provide personal details, address and contact details as well as the payment method.

3.3 Also on the order completion page, the customer receives an overview of the ordered products, is asked to agree to the terms and conditions and is informed about his right of withdrawal.

3.4 Using the “Order for a fee” button, the customer submits a binding application to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time and use the browser “back” function to return to the shopping cart or cancel the ordering process altogether. Necessary information is marked as such, or if all information is fundamentally required in a form, the non-required information is marked.

3.5 Depending on the payment method chosen, the customer will then be directed to the payment process.

3.6 The seller then sends the customer an automatic confirmation of receipt by email, in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation).

3.7 The automatic confirmation of receipt in the online shop as well as the acceptance of the order via other means of distance communication only documents that the customer's order has been received by the seller and does not constitute acceptance of the application to conclude the contract. The purchase contract is only concluded when the seller has ordered it made the product available to the customer within 3 days, transmitted it or confirmed the conclusion of the contract to the customer within 3 days with a second email, express order confirmation or sending the invoice. The contract is also concluded when payment has been made.

3.8 If the seller allows advance payment, the contract is also concluded when the bank details and payment request are provided. If the payment is not received by the seller within 10 calendar days of sending the order confirmation despite being due, even after a renewed request, the seller withdraws from the contract with the result that the order is no longer valid and the seller is not obliged to deliver. The order is then completed without any further consequences for the buyer and seller. When paying in advance, the item is reserved for a maximum of 10 calendar days.

4 Prices and shipping costs

All prices stated on the seller's website include the applicable statutory sales tax.

5 Delivery, product availability

5.1 Delivery takes place by providing an online download option for the purchased products or by sending the product directly (e.g. by email).

5.2 If advance payment has been agreed, the products will be transmitted or made available after receipt of the invoice amount.

5.3 If the ordered product is not available through no fault of the seller's own (e.g. because the required software is changed by its provider, as far as product-related, without notice), the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest providing a comparable product. If no comparable product is available or the customer does not request delivery of a comparable product, the seller will immediately reimburse the customer for any consideration already provided.

6 payment methods

6.1 The customer can choose from the available payment methods as part of and before completing the ordering process. Credit card, PayPal, Apple Pay, Shopify Pay, Klarna and Google Pay are available as payment methods.

6.2 If payment by invoice is possible, payment must be made within 14 days of receipt of the product and the invoice. For all other payment methods, payment must be made in advance without deductions.

6.3 If third-party providers are commissioned to process payments, e.g. Paypal and Google or Klarna. their general terms and conditions apply.

6.4 If the due date for payment is determined according to the calendar, the customer is already in default by missing the deadline. In this case, the customer must pay the statutory default interest.

6.5 The customer's obligation to pay default interest does not exclude the assertion of further damages by the seller due to default.

6.6 The customer only has the right to offset if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.

7 Retention of title

7.1 The delivered products remain the property of the seller until full payment has been made.

8 Warranty for material defects and guarantee

8.1 For customers who are entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk; The statutory limitation period for the withdrawal claim according to Section 478 of the German Civil Code (BGB) remains unaffected. If the delivered product is defective, the seller will initially provide customers who are entrepreneurs with a warranty by either eliminating the defect (repair) or by delivering a defect-free product (replacement delivery).

8.2 The warranty is otherwise determined by legal regulations.

8.3 A guarantee only exists for the products delivered by the seller if this has been expressly provided. Customers will be informed about the warranty conditions before initiating the ordering process.

9 Liability

9.1 The following exclusions and limitations of liability apply to the seller's liability for damages, without prejudice to the other legal requirements for claims.

9.2 The seller has unlimited liability if the cause of the damage is due to intent or gross negligence.

9.3 Furthermore, the seller is liable for the slightly negligent violation of essential obligations, the violation of which jeopardizes the achievement of the purpose of the contract, or for the violation of obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies. In this case, however, the seller is only liable for foreseeable, contract-typical damage. The seller is not liable for the slightly negligent violation of obligations other than those mentioned in the previous sentences.

9.4 The above limitations of liability do not apply in the event of injury to life, body or health, for a defect after a guarantee has been given for the quality of the product and for defects that are fraudulently concealed. Liability under the Product Liability Act remains unaffected.

9.5 To the extent that the seller's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

10 Cancellation policy for consumers

Instructions on the right of withdrawal for consumers regarding the delivery of digital content that is not delivered on a physical medium (e.g. e-book, software download).

Right of withdrawal

A consumer is any natural person who concludes a legal transaction for purposes that cannot primarily be attributed to their commercial or independent professional activity.

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reasons. The cancellation period is fourteen days from the day the contract is concluded. In order to exercise your right of withdrawal, you must inform us (DM Digitals UG (haftungsbeschränkt), Hannoversche Str. 18, 32756 Detmold, Germany, email: savagesounds1@gmail.com) by means of a clear statement (e.g. a letter sent by post, fax or e-mail). Email) about your decision to revoke this contract. You can use the attached sample cancellation form, although this is not mandatory. In order to meet the cancellation period, it is sufficient that you send the notification of your exercise of the right of cancellation before the cancellation period expires.

When purchasing digital products (presets, samples and other digital goods in the form of software or files), the buyer automatically waives the right of withdrawal, as digital goods/downloads become irrevocably the property of the buyer after downloading. In this case, a revocation can only take place if the buyer has not yet downloaded the files.

Consequences of revocation

If you cancel this contract, we will refund to you all payments received from you, including delivery costs (except for additional costs resulting from you choosing a method of delivery other than the cheapest standard delivery offered by us have) to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment we use the same payment method that you used for the original transaction, unless something different was expressly agreed with you; under no circumstances will you be charged any fees as a result of this repayment.

Sample cancellation form

(If you want to cancel the contract, please fill out this form and send it back.)

- To DM Digitals UG, Hannoversche Str 18, 32756 Detmold, Germany, Email: savagesounds1@gmail.com

- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

- Ordered on (*)/received on (*)

- Name of the consumer(s)

- Address of the consumer(s)

- Signature of the consumer(s) (only for paper notification)

- Date
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(*) Delete what is not applicable.

Exclusion or premature expiry of the right of withdrawal

The right of withdrawal does not apply to contracts for the delivery of digital content that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

The right of withdrawal expires prematurely if we have only begun to execute the contract after you have given your express consent and at the same time confirmed your knowledge that you will lose your right of withdrawal when we begin to fulfill the contract. We would like to point out that we can make the conclusion of the contract dependent on the aforementioned consent and confirmation.

11. Storage of the contract text

11.1 The customer can print out the contract text before submitting the order to the seller by using the print function of their browser in the last step of the order.

11.2 The seller also sends the customer an order confirmation with all order details to the email address provided by him. With the order confirmation, but at the latest upon delivery or provision of the product, the customer will also receive a copy of the general terms and conditions along with cancellation instructions. In addition, the seller saves the text of the contract but does not make it accessible on the Internet.

12. Final provisions

12.1 The contractual relationship with the seller is not transferable to other people or companies.

12.2 In the case of entrepreneurs, the law of the Federal Republic of Germany applies as long as there are no mandatory legal regulations to the contrary.

12.3 Place of performance for buyers who are entrepreneurs is the seller's registered office. The place of jurisdiction is the seller's registered office if the buyer is a merchant, a legal entity under public law or a special fund under public law or if the buyer does not have a general place of jurisdiction in the Federal Republic of Germany. The seller reserves the right to choose another permissible place of jurisdiction.

12.4 The contract language is German.

12.5 European Commission platform for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to take part in a dispute resolution procedure before a consumer arbitration board.

As of: 1 November, 2022