Terms and Conditions:
These terms and conditions are applicable to all deliveries and shipments between us and the contractual partner (mentioned as „customer“) in the valid version at the point in time of the order.
§2 Ordering/ Purchasing on our website
2.1 Eligibility to order/purchase
Inside the EU zone - with the exception of the territory of Germany - our products are aimed and adressed exclusively to commercial customers which includes: entrepreneurs, companies, and other commecial organizations (B2B). Outside the EU zone everyone is qualified to order and purchase our products via this website (B2B/ B2C).
No order will be accepted until the customer have accepted these Terms & Conditions.
2.2 With whom is the Agreement concluded?
The following terms and conditions according to a conclusion of an contract apply to all orders via our webshop http://www.cinematique-instruments.com. In case of conclosion the contract becomes effective with:
Duerbeck und Dohmen GbR "Cinematique Instruments", Johannisstr. 60, 50668 Cologne, Germany
2.3 How to order
The presentation of our products at our online shop are not a legally binding contract offer – it is only a non-binding invitation to the customer to order products. By ordering the desired products, the customer makes a binding offer to conclude the sales contract.
The following regulations apply to the order in our store: The customer makes a binding offer and goes through the ordering process of our online store, which proceeds as follows:
* By clicking the button "Add to cart", the product is placed in the shopping cart.
* Checking the information in the shopping cart
* Binding confirmation that the terms and conditions have been read,
* Pressing the button "go to payment".
* Enter your personal data and select the payment method via PayPal
* After receipt of payment, we will send the customer a link with the product download. This process confirms receipt of your order and accepts it.
§3 Prices, Taxes, Payment
All prices are exclusive of the statutory value added tax.
However, VAT is only charged for purchases within the EU to B2B customers and to customers from Germany. The location of the customer is determined by his IP address. If necessary, the customer is free to declare his location on his own responsibility. If VAT is applicable due to his location, the customer can save it by entering his valid VAT ID. Payment is handled by PayPal (Europe) S.à rl et Cie, S.C.A.(www.paypal.com) via bank account or credit card.
Unless noted otherwise in the product description, all of our products are available for download. You will receive all necessary data within 24 hours by mail. The period starts by recieving the payment notifcation.
The risk of accidental loss of the sold goods will be transferred to the customer.
§5 Retention of Title
We reserve the ownership of the product until full payment of the purchase price.
§6 Withdrawal of the customer
According to Article 16 of EU law, our software is excluded from the right of withdrawal, because software downloads require immediate execution of the contract. Thus, the right of withdrawal expires already with the order.
§7 Place of performance and jurisdiction
Only German law to the exclusion of the UN Sales Convention (CISG). The place of performance for all obligations including returns, shall be Cologne, Germany unless otherwise agreed.
§8 Licence Agreement (EULA)
1. Licence Agreement
By installing the product, you accept the following product license agreement:
This document constitutes a legal agreement with Cinematique Instruments, Dürbeck & Dohmen GbR, ("Author") for the use of this Cinematique Instruments instrument including all presets, samples and audio materials ("Software").
2. Software Licence
The author grants to any person the right to use this software after purchase for any purpose not in conflict with the other rules of this agreement without the prior permission of Cinematique Instruments. It includes the
- use for commercial or non-commercial music productions including music productions for production music
- Use for audio/video post-production
- use in (live) performance, broadcast or similar finished content and productions
The author grants any person the right to use this software for press related publications, limited to:
- descriptions or reviews of its functional and musical aspects
- visual representations of the GUI
- audio demonstrations of the software
The license for this product is granted to only one (= 1) user. Cinematique Instruments permits you to use the Software without paying any additional license fees or providing Cinematique Instruments with any source attribution.
Cinematique Instruments retains full copyright and full ownership of all parts of the software and musical performances included in this product.
The Software is protected by German copyright law and the rules set forth in international treaties. All copyrights to the Software are owned by Cinematique Instruments.
4. Distribution of the software
The author prohibits any kind of redistribution of this software including all its parts. This includes, and is not limited to, (re)sampling, mixing, editing, isolating or embedding the software for the purpose of re-recording or reproducing it as part of a free or commercial library of music or sound effects. Likewise, it is prohibited to freely or commercially distribute any form of articulations or played musical phrases of this software in solo mode
The license cannot be transferred to other companies without the written consent of the author.
5. Disclaimer of Warranty
The software is provided to the user "as is" without any express warranty. This warranty includes, but is not limited to
- The warranty of merchantability and fitness for a particular purpose.
- That the functions of the software will meet the user's personal requirements.
- That it will be 100% error free.
The user/licensee assumes all risk of use of the software and shall not hold the author liable in any way for damages resulting from the use or misuse of the software, including (but not limited to) misinterpretation of the documentation or functionality of the software. The author assumes no responsibility for any direct or indirect loss arising from any form of use of this product.
Last edit. 6th January 2021
(C) Copyright - Cinematique Instruments, Cologne.
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