These Terms and Conditions (“T&C”) apply to all contracts for digital products concluded between you and us through our online shop.
The ueberschall online shop is operated by:
ueberschall sample service GmbH
Lange Straße 22
31595 Steyerberg
Germany
E-Mail: support (at) ueberschall (dot) com
Some of the provisions of the present T&C do not apply in relation to any and all customers but only in relation to consumers or only in relation to businesses. Where the scope of application of the present T&C is limited in such aforesaid manner it will be specially indicated hereinafter.
„Consumer“ shall, for purposes of the present T&C and in accordance with the statutory definition in section 13 of the German Civil Code, be each natural person who enters into the business relationship with us for a purpose which is outside its trade, business or profession.
„Businesses“ shall, for purposes of the present T&C and in accordance with the statutory definition in section 14 of the German Civil Code, be each natural or legal person or a partnership with legal capacity acting in the exercise of their commercial or independent professional activity when entering into a contract.
You may voluntarily create a customer account. You are responsible for keeping your login credentials confidential and protecting them from unauthorized access by third parties. In the event of unauthorized use of your customer account, you must inform us immediately.
The presentation of our goods on the website shall not constitute a binding offer by us. Only if and once you order goods on our website, such purchase order of yours shall constitute a binding offer to conclude the respective contract. The contract is concluded once we confirm your order by email or provide access to the download. Before submitting your order, you have the opportunity to review and correct your entries.
The contract languages are German and English.
For business customers, these T&C apply exclusively. Deviating terms and conditions of the customer shall not apply unless expressly agreed by us in writing.
The provisions of the contract are, for one part, contained in the order overview which is displayed in the final step of the order process, and, for the other part, in the present Terms and Conditions. We record and store the provisions of the contract. You can print them out by using the respective functionality of your browser (usually “print” respectively “file” > “save as”).
Our products are provided exclusively in digital form.
Delivery takes place after successful completion of the ordering process by download from our website or through the Ueberschall Downloader app.
Our software Elastik is available as a standalone application as well as in VST, AU, and AAX plugin formats. Our products are all in the Elastik format unless otherwise indicated. Product activation via a challenge-response system is required to use the products in the software.
The Ueberschall Downloader app is available as a standalone application. The app requires an internet connection.
Additional technical requirements may be necessary for the use of our products, including compatible hardware and software as well as an internet connection.
For business customers, delivery and performance periods shall be reasonably extended in cases beyond our control, including force majeure, technical disruptions, energy shortages, strikes, or governmental actions.
When purchasing a sound library from our website, you are granted non-exclusive rights in such sound library as per the applicable license terms and conditions indicated on our website.
Consumers have the following right of withdrawal: You may declare the revocation of your contractual statement in text form (e.g. letter, fax, email) within a period of 14 days. The revocation does not have to contain any grounds. The revocation period commences upon receipt of this revocation instruction in text form. The aforesaid time limit for the declaration of revocation shall be deemed observed by the timely dispatch of the declaration of revocation. The revocation is to be addressed to:
Ueberschall Sample Service GmbH
Lange Straße 22
31595 Steyerberg
Germany
Email: support (at) ueberschall.com
You can also exercise your right of withdrawal online at https://www.ueberschall.com/widerruf. You will receive an acknowledgment of receipt with the date and time once the data has been submitted to us via the online form.
For contracts concerning the supply of digital content not supplied on a tangible medium, the right of withdrawal expires once performance of the contract has begun, provided that:
- you have expressly agreed that performance of the contract may begin before the expiry of the withdrawal period; and
- you have acknowledged that you thereby lose your right of withdrawal once performance of the contract has begun.
The statutory warranty provisions apply. For business customers, the warranty period is one year from the provision of the product unless mandatory statutory provisions provide otherwise.
We are fully liable for intent and gross negligence as well as for damages resulting from injury to life, body, or health. In cases of slight negligence, we shall only be liable for breaches of essential contractual obligations and limited to foreseeable damages typical for the contract. Essential contractual obligations are obligations whose fulfillment is necessary for the proper performance of the contract and on whose compliance the contractual partner may regularly rely. Any further liability is excluded to the extent permitted by law. Liability under the German Product Liability Act remains unaffected.
The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
For consumers, this choice of law applies only insofar as it does not deprive the consumer of mandatory legal protections of the country in which the consumer has their habitual residence.
If the customer is a merchant, legal entity under public law, or special fund under public law, the place of jurisdiction shall be our registered office.
