Terms of Service
of
CMS-Sounddesign
for
End customers

(Consumer terms and conditions)

(As of Oktober 30, 2021)

Inhalt

A. General Terms and Conditions for End Customers (Consumer GTC)

§ 1 General

For business relations of any kind between CMS-Sounddesign, owner Manuela Schips, An der Krimm 11, 55124 Mainz (hereinafter referred to as "CMS-Sounddesign") and the customer, the following General Terms and Conditions (GTC) apply in the currently valid version. Customers can be both entrepreneurs and consumers. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity (§ 13 BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or self-employed professional activity (§ 14 BGB).

§ 2 Contractual Language

The contractual language is German.

The English version of these terms of use and the offer on the homepage of CMS-Sounddesign is only a non-binding reading version. In principle, CMS-Sounddesign communicates with customers in German; however, communication is also possible in English on request.

§ 3 Conclusion of the Contract for Products in the Web Shop

1. The presentation of the products on the homepage and in the web shop of CMS-Sounddesign is a non-binding offer. They are to be understood as an invitation to make offers by placing an order, i.e. the customer's order is the binding offer to CMS-Sounddesign to purchase the CMS-Sounddesign products in the shopping basket. By clicking the button "JETZT KAUFEN / BUY NOW" in the last step of the ordering process, the customer makes a binding offer to purchase the products contained in the shopping cart as a download against payment. Confirmation of receipt of the order is sent automatically by e-mail from the webshop system to the e-mail address stored in the customer data immediately after the order is submitted. The order data, the General Terms and Conditions and the cancellation policy are sent to the customer.

2. Only by making the ordered products available for download in the customer account CMS-Sounddesign accepts the customer's offer and the purchase contract is concluded. The purchase contract is considered fulfilled by CMS-Sounddesign as soon as the product has been successfully downloaded for the first time.

3. In case of an order of software products which fall under the end user agreement for software of CMS-Sounddesign, a production of the products can only take place when the invoice amount is balanced and the instrument info file of the customer's keyboard is available. The transmission of the instrument info file by the customer is therefore also the basis for the conclusion of the purchase agreement in this case.

Detailed information on the ordering process can be found under section "F. Ordering Process".

Detailed information on the end user license agreement is available in section "B End User License Agreement for Software from CMS-Sounddesign".

§ 4 Prices

The prices are in Euro (€/EUR), the prices stated in the webshop are final prices. The purchase price is due immediately. The payment options bank transfer/advance payment, CMS-Sounddesign voucher and PayPal are free of charge and free of fees. Purchase on account is not possible.

§ 5 Payment

Payment can be made either by advance payment/bank transfer or CMS-Sounddesign vouchers or via external online payment service providers (PayPal etc.).

Prerequisite for a successful purchase transaction is the correct entry of the data requested by the customer.

Below you will find information on the individual payment methods:

1. Prepayment / Bank Transfer

The customer completes the payment by clicking the "JETZT KAUFEN / BUY NOW" button in the webshop.

If the payment method is prepayment/bank transfer, the customer receives an automated order confirmation with the bank details for the payment process.

After receipt of payment and the instrument info file of the customer's keyboard, the download link is provided by e-mail.

2. CMS-Sounddesign-Voucher

When using a CMS-Sounddesign digital voucher, a voucher code already held by the customer can be used for payment. The voucher can only be redeemed before completing the order process and only when checking out via the shopping basket. Subsequent offsetting is not possible. After completing the order process by clicking on the "JETZT KAUFEN / BUY NOW" button, the customer will receive an automatic order confirmation.

Further details on the purchase and settlement of CMS Sounddesign vouchers can be found in section "C. CMS-Sounddesign-Vouchers".

3. External online Payment Service Providers (PayPal, etc.)

The customer completes the payment by clicking the "JETZT KAUFEN / BUY NOW" button on the payment service provider's website after registering or entering their personal data.

After successful payment, the customer receives an automated order confirmation by e-mail.

For the services of external payment service providers, the GTC of the respective provider apply, which are available on the homepage of the respective provider

§ 6 Delivery, Delivery Period

1. The product shall be made available exclusively as a digital download in the customer account.

2. Orders are processed within one week after the customer has fulfilled the requirements for the creation of the product (availability of the customer's instrument info file and/or receipt of payment).

3. The start of the delivery period stated by CMS-Sounddesign presupposes the timely and proper fulfilment of the customer's obligations. The objection of non-fulfilment of the contract remains reserved.

4. If the customer is offered software electronically for download in his customer account, the customer is obliged to collect the software. After receipt of the required data the customer alone decides whether and when he downloads the software.

5. CMS-Sounddesign is not liable for delays in delivery which are not due to intent or gross negligence.

§ 7 Shipping Costs

The articles are provided exclusively as downloads, no shipping costs are incurred.

§ 8 Liability

As far as the customer uses services of the webshop by using access data in the form of a customer account, the customer is responsible for their safekeeping protected from access by third parties and is liable for all actions with his access data (including payment of fees). If the customer suspects that unauthorised third parties have gained knowledge, the personal password must be changed immediately and CMS-Sounddesign must be informed. The customer commits himself not to use a collective e-mail address which is used by several persons. The customer is directly liable for violations of third party rights for which he is responsible. In the event of justified claims by third parties, the customer is obliged to indemnify CMS-Sounddesign, unless he proves that he is not responsible for the breach of duty causing the damage. In the case of intent or gross negligence CMS-Sounddesign is liable without limitation for all damages attributable thereto. Insofar as the attributable breach of duty is based on simple negligence on the part of CMS-Sounddesign and an essential contractual obligation has been culpably breached, the liability of CMS-Sounddesign is limited to the typical, comparable damage in comparable cases.

§ 9 Blocking of the Webshop Customer Account

CMS-Sounddesign reserves the right to block the customer account and not allow a new registration in case of misuse, violation of contractual duties and obligations as well as default of payment, false information in the customer data or the creation of fake accounts.

§ 10 Right of Withdrawal

Information on the right of withdrawal can be found in section "D. Notes on the Right of Withdrawal".

§ 11 Warranty

The warranty shall be governed by the statutory provisions.

In the event of faulty provision or faulty download of the purchased products, the customer has the option of obtaining the file(s) again as a download at no further cost.

§ 12 Place of Fulfillment and Place of Jurisdiction

The law of the Federal Republic of Germany shall apply. The provisions of the Vienna UN Convention "Convention for the International Sale of Goods" (CISG) of 04/11/1980 on contracts for the international sale of goods (UN Sales Convention) shall not apply. Further rights for consumers under the law of the state in which the consumer has his habitual residence shall remain unaffected.

For all rights and obligations arising from the business relationship, the place of performance shall be determined in accordance with the statutory provisions.

If the customer is a merchant within the meaning of the German Commercial Code (HGB), the exclusive jurisdiction of the court at the registered office of CMS-Sounddesign is agreed for all disputes arising from the contract. Their right to assert their claims in court at another place of jurisdiction remains unaffected vis-à-vis merchants. CMS-Sounddesign may also assert its claims against a customer who is not a merchant before the court at its registered office if the customer has no general place of jurisdiction in the Federal Republic of Germany or if he moves his place of residence or habitual abode out of this area after conclusion of the contract or if his place of residence or habitual abode is not known at the time of assertion of the claim in court.

§ 13 Data Protection

Information on the type and scope, location and purpose of the collection, processing and use of personal data required for the execution of orders can be found in section "E. Data Protection Declaration".

§ 14 Out-of-Court Dispute Resolution

The EU Commission provides an online platform for dispute resolution ("Universal Arbitration Board") under the link http://ec.europa.eu/odr.

If the customer is a consumer resident in the European Union, he can use this universal arbitration board for the out-of-court settlement of disputes regarding contractual obligations arising from online purchase contracts. CMS-Sounddesign is obliged to inform the customer about the existence of this universal arbitration board and in this context also about its e-mail address:

info@cms-sounddesign.de

CMS-Sounddesign will endeavour to resolve any differences regarding contracts concluded with customers amicably via customer service. CMS-Sounddesign is furthermore not obliged to participate in dispute resolution proceedings before a consumer arbitration board and is also not willing to do so.

§ 15 Final Determination

Amendments and supplements to this contract must be made in writing. This also applies to amendments to this written form clause. No verbal collateral agreements have been made.

Should individual provisions of this contract be or become invalid or contain a loophole, the remaining provisions shall remain unaffected. The parties undertake to replace the invalid provision with a legally permissible provision that comes as close as possible to the economic purpose of the invalid provision or fills this gap.

B. End User License Agreement for Software from CMS-Sounddesign (License Rights)

I. Copyright and Proprietary Rights

1. CMS-Sounddesign produces, among other things, Expansion Packs and Voices/Single Sounds for Yamaha keyboards of various models. These software products are protected by national copyright laws, international copyright treaties and other intellectual property laws and treaties.

The ownership and copyright exploitation rights in the Software Product (including, but not limited to, images, audio, music and text contained in the Software Product), the accompanying materials and all copies of the Software Product are owned by CMS-Sounddesign.

Trademarks, trade names, product names and logos contained in the Software Product or accompanying materials are trademarks of CMS-Sounddesign. The customer may not remove or alter any trademarks, trade names, product names and logos, copyright notices or other protective notices, legends, symbols or marks in the software. The symbols integrated in the software may only be used within the framework of the normal, contractual use of the software. The separate use or exploitation of the symbols is expressly prohibited. The customer is not entitled to use the name of CMS-Sounddesign.

2. If a sound library is part of the product purchased by the customer, the following special conditions apply in addition to the usage agreement (sound licence agreement):

The samples, instruments and presets provided may be used for commercial and non-commercial music and audio productions in accordance with the terms of this agreement without the prior consent of CMS-Sounddesign to the individual case. However, the use of this product (including but not limited to the samples, instruments and presets) for the creation of a sound library or as a sound library for any type of synthesizer, virtual instrument, sample library, sample-based product or other musical instrument is strictly prohibited. Individual samples, sound sets or audio loops may not be distributed separately (commercially or otherwise). Furthermore, these samples, sound sets or audio content may not be repackaged in whole or in part as audio samples, sound libraries or sound effects.

3. The customer does not acquire any ownership rights to the software by downloading, installing, copying or using this product. He only acquires the right to use the products to the following extent.

4. All other acts of use and exploitation, which have not been explicitly granted to the customer as licensee in this end user licence agreement, are not permitted without the written consent of CMS-Sounddesign. In particular, the customer is not entitled to copy the product or parts thereof or to have it copied, to break it down, to have it broken down, to trace it technically or to have it traced technically. Similarly, the customer may not break the software down into its building blocks, transform it into object code, decrypt it, imitate it or use it in any way other than that provided for in the contract. The customer is obliged to take appropriate and reasonable measures to ensure that third parties, including his own employees, cannot use and exploit the products purchased from CMS-Sounddesign without authorisation. The customer is liable to CMS-Sounddesign for any loss or damage in this connection.

II. Types of Licence

The following rights to use the software are granted, not sold, to the customer by CMS-Sounddesign under licence.

§ 1 Purchase Licenses / End User License

1. The customer acquires a simple right of use (also called a user licence) to the software provided. He may neither produce nor distribute the software. The software is delivered exclusively copy-protected in .CPF format. An instrument info file of the customer keyboard is required for the creation of the software. The software is produced especially for this keyboard (custom-made). The customer is entitled to use the software on the keyboard for which software was produced. The software cannot be used on other keyboards.

2. The customer may make one copy of the software product for backup or archiving purposes. By possessing, installing or using the software, the customer does not acquire any rights to the intellectual property of the software, apart from the rights of use granted to him on the basis of this agreement.

§ 2 Temporary or Free Licenses

1. Temporary or free of charge licensed products of CMS-Sounddesign, which have been handed over to the customer as such, may only be used for demonstration purposes, for tests and for evaluation purposes. The sale or other distribution as well as the gratuitous transfer to third parties are not permitted. They may also not be used as a qualifying product for updates or upgrades.

2. If the customer is a user of a time-limited or free licence, the customer's rights to the software shall expire if the customer violates the above terms of use. Without prejudice to any other rights, CMS-Sounddesign is entitled to revoke the customer's rights of use if there is a serious breach of the terms of this agreement. In both cases the customer is obliged to destroy all copies of the software product and its components. The customer will confirm this in writing by e-mail.

III. Terms of Use according to License Type

1. The temporal extent to which rights of use to the software are transferred to the customer depends on whether the customer has chosen a purchase licence or a time-limited or free licence.

2. If the customer has chosen a purchase licence, he shall receive a non-exclusive right to use the software called up by him or delivered to him for an unlimited period of time. If the customer has chosen a time-limited licence or a free licence, the rights of use shall be granted for a limited period for the duration of the underlying contract.

IV. Updates and Upgrades

1. Updates or upgrades of the software require a valid licence to use the previous version of the purchased software, which is updated or upgraded to the latest version.

2. The rights to use updates or upgrades are granted to the customer in accordance with the underlying licence type. If an update or upgrade has been made available to the customer for download, the rights of use for the parts of the standard software which are replaced by the upgrade shall expire at the time of download of the respective update or upgrade. The customer's right to resell the replaced software also expires at this time.

3. Costs of Updates
Updates are necessary if the firmware of the keyboard has been changed during the update in such a way that the purchase licence is no longer functional, or if CMS-Sounddesign provides a new version of the same software which corrects errors. In such a case, the customer contacts CMS-Sounddesign by e-mail and receives - if technically possible - an update version of the purchase licence. The update of the purchase licence is free of charge.

4. Costs of Upgrades
Upgrades represent functional extensions of the standard software. They can be obtained from the CMS-Sounddesign webshop at the prices indicated there.

V. Support Services

1. CMS-Sounddesign offers users of a purchase licence free online support via e-mail (info@cms-sounddesign.de); users of a free licence are not entitled to the support services. The online support provides technical assistance for questions regarding the functions as well as difficulties with the installation of the software product. The online support does not offer advice. Before making use of the support, the information provided by CMS-Sounddesign (instructions, manuals, FAQs, etc.) must be consulted.

2. CMS-Sounddesign offers free online support for the use of the current version of the software installed in the keyboard. Support for older versions is no longer offered.

VI. Transfer of Software to Third Parties

1. The transfer of temporary or gratuitous licences to third parties is not possible, irrespective of the manner.

2. A transfer of the rights of use to purchase licences and/or licences for a limited period or free of charge to third parties is not permitted, insofar as rental, lending or leasing is involved. A transfer of the rights may also not take place in the form of a commission or any other indirect transfer.

3. Unless otherwise provided for in this user agreement, the customer is entitled to sell the purchase licence to a third party or to transfer it permanently free of charge, but only once and permanently to an end user. This transfer must include all components of the software product, including all components, media and provided materials (printed and/or digital media), of this licence. In addition, the recipient of the software product must expressly agree to this usage agreement in writing, and the customer must completely relinquish use of the software (including the keyboard on which the software is installed), delete all backup copies of the software and transfer the download file to the third party. The customer remains secondarily liable.

4. Furthermore, the customer is obliged to de-register the purchased software with CMS-Sounddesign. At the customer's request - based on his e-mail address registered with CMS-Sounddesign - CMS-Sounddesign will transfer the software licence to the third party, at the same time deleting the customer's registration for the software sold by him.

C. CMS-Sounddesign-Vouchers

Digital vouchers can be purchased in the web shop. These vouchers can be used for the purchase of products from the webshop assortment. The buyer of a voucher receives an invoice and an individual voucher code by e-mail.

The voucher can be transferred to a third party by passing on the voucher code. The seller may pay out to the respective holder with debt-discharging effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of power of representation of the respective holder.

The voucher can only be redeemed in the shopping basket before the order process is completed. Subsequent offsetting is not possible.

Only one voucher can be redeemed per order.

If there is still a remaining amount after the voucher has been redeemed, this can be used for further purchases. The customer who has redeemed the voucher will receive a notification of the remaining balance of the voucher. Credit balances are neither paid out in cash nor do they earn interest.

The current voucher balance can also be requested by e-mail by stating the voucher code.

If the voucher or the credit balance of a voucher is not sufficient for the desired purchase, the invoice amount will be settled via the payment options offered at the time of purchase.

The goods will be delivered after receipt of the full invoice amount.

The validity of the vouchers is legally three years, calculated from the end of the year in which the voucher was purchased. Vouchers are generally excluded from exchange and/or refund.

CMS-Sounddesign is not liable for loss, theft or misuse of a voucher.

D. Notes on the Right of Withdrawal

The information on the Right of Withdrawal can be found hier.

E. Declaration of Data Protection

You can find our data protection statement here.

F. Ordering Process

In detail, the customer goes through the following technical steps when placing an order in the webshop:

1. Shopping Basket

The product is added to the shopping basket by clicking on the button "IN DEN WARENKORB | ADD TO BASKET" and collected there. The products in the shopping basket can be displayed at any time by clicking on the shopping basket button in the top menu of the website. In the shopping basket you can adjust the quantity of products or remove products by clicking on the "x" button.

In the field "Möchten Sie einen Gutscheincode einlösen? | Would you like to redeem a voucher code?" you can also redeem voucher codes.

Clicking on the "KASSE|CHECKOUT" button takes you to the next ordering step.

2. Customer Data

If you already have a customer account, you can log in directly with your customer account (e-mail address and password).

If you do not yet have a customer account, you can register as a new customer under the tab "I do not have an account yet". The following data will be requested:

Anrede | Salutation *:
Vorname, Nachname | First Name, Last Name *:
Firma | Company:
Adresse | Address *:
PLZ, Ort | Postcode, Town *:
Land | Country *:
E-Mail | Email *:
E-Mail wiederholen | Repeat Email *:
Kennwort | Password * :
Kennwort wiederholen | Repeat Password * :

The data collected will be collected, processed and used in compliance with the provisions of data protection law (see also section "E. Declaration of Data Protection"). The data will not be used for other purposes or passed on to third parties.

In the field "Kundenwünsche/Bemerkungen zur Bestellung | Customer requests / comments on the order :" comments on the order can be made.

By clicking on the button "WEITER | CONTINUE" you will be forwarded to the next page.

3. Delivery Address

Here you can have physical products delivered to the billing address or to a different address.

Clicking on the button "WEITER | CONTINUE" will take you to the next page.

4. Delivery Method

Select the desired delivery method from the offer there.

Confirming this page with "WEITER | CONTINUE" leads to the selection of the payment method.

5. Select Payment Method

The following payment methods are available:

- PayPal
- Prepayment

The desired payment method can be selected. If you confirm the page with "WEITER | CONTINUE", you will be taken to the page "Alles in Ordnung? | Everything all right?".

6. Confirm

Here you can check the billing and delivery address, the shipping method and payment method, the consideration of voucher codes and the product order. The right of withdrawal, the privacy policy and the general terms and conditions are provided.

Only after ticking the checkboxes "Ich habe Ihre AGB gelesen und stimme ihnen zu. | I have read your terms and conditions and I agree to them." and "Ich verstehe, dass mir ein gesetzliches Widerrufsrecht zusteht. Auf dieses Widerrufsrecht verzichte ich und bitte den Auftrag sobald als möglich auszuführen. | I understand that I have a statutory right of withdrawal. I waive this right of withdrawal and ask to execute the order as soon as possible. *" the "JETZT KAUFEN | BUY NOW" button can be pressed.

If necessary, comments on the order and delivery can be made beforehand under "Weitere Angaben zur Bestellung | Further Information about the Order".

After confirming the "JETZT KAUFEN | BUY NOW" button, the various payment methods are processed as follows:

a. PayPal

During the ordering process, the customer is redirected to the website of the online provider PayPal. To pay the invoice amount via PayPal, the customer must either be registered there or select a payment method (credit card or direct debit), legitimise himself with his access data and confirm the payment instruction to CMS-Sounddesign. The payment transaction will be carried out automatically by PayPal immediately afterwards. The customer will receive further instructions during the order process.

b. Prepayment

The account details for the payment method "Vorkasse | Prepayment" are displayed here.

The customer transfers the invoice amount to CMS-Sounddesign within the next few days, stating the order number.

During the purchase process, entries can be changed or corrected at any time via the menu items in the progress bar "Kundendaten | Customer Data", "Lieferadresse | Delivery Address", "Lieferung | Delivery", "Zahlung | Payment" und "Bestätigen | Confim".

After the order has been completed, an order confirmation is automatically sent by e-mail.

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