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Terms & Conditions
Common terms & conditions and customer information in the course of agreements concluded between yummybeats.com | Björn Friese - hereafter also called "we", "yummybeats.com" – and the customer – hereafter also called "buyer", "you".
The following General Terms and Conditions (GTC) and our offers are intended exclusively for consumer customers. A consumer according to § 13 BGB is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
It is not possible to conclude a contract with entrepreneurs.
1. Scope and common hints
Subjected to individual agreements which have precedence to these terms & conditions only the following terms & conditions are valid for any business relations between you and yummybeats.com in the version used at the time of consent. Terms contrary to these terms stated shall not be applicable except where we explicitly agree in written form.
2. Conclusion of contract
All offers of ours only represent a non-binding invitation to the customer, only to present an offer to buy. The agreement concludes with the sending of the order which coincides with clicking on the Paypal payment confirmation button and with accepting the order through us by supplying the file(s) for download.
The sole binding contract language is German. This also applies if contracts are also formulated in another contract language other than German. In case of translation/interpretation differences only the German text shall be decisive. Any translation into another language shall solely serve the purpose of better understanding.
3. License agreement / right of use (samples, sample libraries, loops, etc.)
Our Samples, Sample Libraries, Instruments and Loops are all royalty free. We give you a single, non-transferable, temporary, and spatial unlimited right of use for the acquired Samples, Sample Libraries, Instruments or Loops.
You may play, edit, or use the acquired Samples, Sample Libraries or Loops unconditionally in sync or within any audiovisual productions or compositions and you may copy, distribute, publish, perform or play the Samples, Sample Libraries, Instruments or Loops in public in sync with such productions or compositions.
You are not allowed to share, distribute, broadcast, resell, hire, lend, publish, perform or commercialize individual Samples, Sample Libraries, Loops and the (Kontakt-) Instruments which includes rearranging individual samples of the libraries in parts or completely into new audio-samples, instrument-, sound-libraries, sound-effects, whatsoever. Our products cannot be used in any production(s) or composition(s) for any sound-, instrument- and/or loop libraries whatsoever.
Also it is not allowed to copy, distribute, sell, lend, publish or commercialize any of our tutorials, articles and songs like the tutorial songs as well as their project files. You may only use the songs and their project files for private purpose and to follow our tutorials. All scripts & programm codes for the individual tutorials (especially the KSP tutorials) may be used according to their respective license terms. The license terms can always be found near the individual scripts.
4. Copy right
Our distributed content and the content on our website like the songs and graphics are copy righted. You are obligated to accept and comply with the copy rights.
OTHER WORKS
It is not permitted to to share, copy, distribute, broadcast, redistribute, resell, hire, lend, publish, perform or commercialize any other copy righted content which is not explicitly named in these terms without asking for our explicit permission. Especially concerning our Beats and Demo Beats, Content Demos and the graphical content.
5. Terms of payment, payment & download
The payment takes place via Paypal, an online payment service. Hereby you can currently pay via credit card (VISA, MASTERCARD, AMEX) or instant transfer. If you are from another country than USA you may have some other payment options. Learn more about Paypal at www.paypal.com or in our FAQ.
All of our products are delivered in digital form via instant-download. For this you get a personal download-link for every purchased product, which is only valid for a certain time. Your download-links will only be sent when the transaction has been fully completed and we have received the payment to our Paypal account. This happens instantly with the mentioned payment methods above so you will get your download-links immediately after the purchase. You also find a detailed instruction in our FAQ
If you have chosen a payment method with which your money is not credited to our Paypal account in time (like for example echeque) you will get your download links automatically after the money has been fully transferred to our paypal account. This usually doesn't take longer than 4-5 working days. As long as we haven't sent your download-link(s) you can however cancel your order at any time, without any reason. To do this, simply contact us
With the following payment options you will get your download link(s) instantly: credit card, instant transfer and directly from paypal to paypal (for this you already must have enough money on your paypal account before you do the purchase)
As a registered customer, the products will be provided to you in addition to the download links in your customer account, so that you can download them at any time.
All Kontakt instruments require the FULL VERSION of Kontakt. In the free Kontakt player, these only run in a demo mode (for 15 minutes per session). Please note this before purchasing.
6. Prices & invoice
All prices quoted on this website are final prices without VAT according to §19 UstG. Please contact us for more information. After the purchase we automatically send you a an invoice & order confirmation as email. If you need an invoice as pdf, you can contact us and we will send it to you manually.
We deliver your invoice only digitally via email and directly after the purchase. Your find your invoice wihin the order confirmation. For this reason you should keep the order confirmation mail. If you got no order confirmation you can contact us
WITH PROBLEMS WITH YOUR DOWNLOAD
Concerning problems with our download system and paypal you can contact us at any time. We will manually send you the new links as soon as possible to your Paypal registered email address with which you made the purchase. Also refer to our FAQ
7. Right of Withdrawal
If you are a consumer, you have a right of withdrawal in the event of distance contracts within the meaning of § 312b BGB pursuant to the following conditions:
Right of withdrawal
You have the right to withdraw from this contract within 14 (fourteen) days without giving any reason.
The withdrawal period will expire after 14 (fourteen) days from the day
- a) of the conclusion of the contract. [cases of a contract of digital content which is not supplied on a tangible medium]; or
- b) on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. [cases of a sales contract]; or
- c) on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. [cases of a contract relating to multiple goods ordered by the consumer in one order and delivered separately]
To exercise the right of withdrawal, you must inform us
YummyBeats,
Björn Friese ,
Alfred-Delp-Str. 13,
85386 Eching, Germany,+49 (0) 89 37450588,
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
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Model Withdrawal Form
(complete and return this form only if you wish to withdraw from the contract)
— To Björn Friese, Alfred-Delp-Str. 13 , 85386 Eching, Germany:
— I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*),
— Ordered on (*)/received on (*),
— Name of consumer(s),
— Address of consumer(s),
— Signature of consumer(s) (only if this form is notified on paper),
— Date
________________________________
(*) Delete as appropriate.
--
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 (fourteen) days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to
Björn Friese,
Alfred-Delp-Str. 13,
85386 Eching,
Germany
without undue delay and in any event not later than 14 (fourteen) days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 (fourteen) days has expired.
We will bear the cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Special Notices:
1. We ask you to return the product with its original packing and materials, if any.
2. a) The right of withdrawal is not in effect for distance contracts for the delivery of audio or video recordings or software insofar as the seals of the delivered data media have been opened by you as well as in the event of distance contracts of digital content which is not supplied on a tangible medium after your express permission that the contract should take effect before the withdrawal period expires whereas you are aware that the right of withdrawal expires when the contract takes effect.
b) The right of withdrawal is not in effect for distance service contracts after the service has been fully performed if the performance has begun with your prior express consent, and with the acknowledgement that you will lose your right of withdrawal once the contract has been fully performed by us.
3. Notwithstanding the above the following applies: If the shipment is sent to a country outside the EU, and the Customer chooses to exercise the right of withdrawal, the Customer has to bear the costs for shipment. The same applies for costs resulted according to § 4. We reserve the right to deduct these costs from the refund of the purchase price Customer paid.
7. b) The right of withdrawal does not apply to the following contracts:
- Contracts for the delivery of goods which 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,
- Contracts for the delivery of goods that can spoil quickly or whose expiration date would be quickly exceeded,
- Contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
- Contracts for the delivery of goods, if these were inseparably mixed with other goods after delivery due to their nature,
- Contracts for the supply of alcoholic beverages, the price of which was agreed at the time of the conclusion of the contract, but which can be supplied at the earliest 30 days after the conclusion of the contract and the current value of which depends on fluctuations in the market over which the entrepreneur has no influence,
- contracts for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery,
- Contracts for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts,
- Contracts for the delivery of goods or for the provision of services, including financial services whose price depends on fluctuations in the financial market, over which the entrepreneur has no influence and which may occur within the revocation period, in particular services in connection with shares, with units in open-ended investment funds within the meaning of Article 1 (4) of the German Investment Act and with other tradable securities, foreign exchange, derivatives or money market instruments
- subject to the second sentence, contracts for the provision of services in the areas of accommodation for purposes other than residential purposes, transport of goods, car rental, supply of food and beverages, as well as for the provision of other services in connection with leisure activities, if the contract provides for a specific date or period for the provision of such services,
- Contracts concluded in the framework of a form of marketing in which the trader offers goods or services to consumers who are present in person or to whom this possibility is granted, in a transparent procedure conducted by the auctioneer based on competing bids, in which the successful bidder is obliged to purchase the goods or services (public auction),
- contracts where the consumer has expressly requested the trader to visit him to carry out urgent repair or maintenance work; this does not apply to other services provided during the visit which the consumer has not expressly requested, or to goods supplied during the visit which are not necessarily needed as spare parts during the maintenance or repair,
- contracts for the provision of betting and lottery services, unless the consumer has made his contractual declaration by telephone or the contract was concluded away from business premises, and
- notarized contracts; this applies to distance contracts for financial services only if the notary confirms that the rights of the consumer under § 312d (2) are safeguarded.
- Contracts in which the consumer already has a right of revocation under § 355 BGB on the basis of §§ 495, 506 to 512 BGB, and not in the case of contracts concluded outside business premises, in which the consumer already has a right of revocation under § 305 (1) to (6) of the German Investment Act.
- The exception pursuant to sentence 1 bulletpoint 9 shall not apply to contracts for travel services pursuant to Section 651a of the German Civil Code if these were concluded outside business premises, unless the oral negotiations on which the conclusion of the contract is based were conducted at the consumer's prior order.
8. Privacy Policy
The processing of orders, the registration (creation of a customer account), and the processing of orders is carried out by means of automated data processing. We collect in the context of this processing of orders, during the Regsitrieung and when visiting our website personal data from you.
We may also transfer personal data to third parties, who may be based outside the EU (e.g. when using the YouTube player, based in the USA), in order to process orders and to ensure the smooth and complete operation of the website. In addition, we store and use personal data of you in anonymized or pseudonymized form in order to be able to constantly improve our offer.
In doing so, we observe the legal regulations. You can find more detailed information about which data we collect during your visit to our website and when you make a purchase, and how we use this data, in our privacy policy
9. Final provisions
The laws of the Federal Republic of Germany are exclusively valid, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The contractual language is German, unless otherwise agreed in writing.
(End of the Terms & Conditions)
Updated: 01/2022