§ 1 Range of application/contractual partners

The following terms and conditions shall be applicable in their current version to the time of the order within the scope of Scholz & Dalferth GbR. Oral subsidiary arrangements are not valid.
The general terms and conditions can be stored on your computer and / or be printed out for the purpose of the order.

The company address is Scholz & Dalferth GbR, c/o Samuel Dalferth, Heßstr. 43 RG, 80798 München, Germany.
Managing partners are Samuel Dalferth and Daniel Scholz.
Phone: +49 170 8469996

§ 2 Scope

Business relationships between the company Scholz & Dalferth GbR (hereinafter referred to as "S&D”) and the customer are exclusively subject to the following general terms and conditions, in the version which was valid in the moment of order. Differing terms and conditions of the customer are not accepted by S&D, unless S&D has explicitly accepted them in written form.

§ 3 Licensing conditions

The licensing conditions ("End User License Agreement") of DRUMASONIC are an inherent part of these general terms and conditions. View the License Agreement here. After downloading DRUMASONIC you can also find the License Agreement in the subfolder "Documentation”.

§ 4 Conclusion of contract and Cancellation of the contract 

S&D and the customer are obliged to accept the order on the terms of the web page www.drumasonic.com. You can place your order round the clock. The contract shall be realised - subject to cancellation according to paragraph 3 – if the order form duly completed by the customer has been sent and confirmed and has not been withdrawn within two weeks to S&D under § 355 BGB (German Civil Code). Basically the following applies: The withdrawal is possible without indicating any reason. Cancellation can be expressed via letter or e-mail. Timely dispatch of the cancellation satisfies compliance with the time limit.
The order shall be subject to correct and punctual product availability, in as much as the lack of availability is based on non-delivery for which S&D is not responsible. If the goods are not available, you will be informed immediately and any payment will as well be refunded immediately. If the manufacturer of the products fails to supply S&D with the ordered goods despite contractual obligation, S&D shall be entitled to withdraw from the contract. In this case the customer will be informed immediately that the ordered product is not available. The purchase price already paid shall be reimbursed immediately.

Furthermore, the statutory return policy applies.
Caution: The right to revoke will not arise in the case of audio or video recordings (e.g. CD, videotapes, DVDs) or of software, if the customer has opened the sealed packaging, or in the case of services provided online (download or streaming). All electronic consignments will logged and saved or rather archived.

§ 5 Delivery

The electronic consignment of ordered products will be carried out immediately via download link, as long as the stipulated invoiced amount has been paid using via payment system or via current credit account to S&D.

§ 6 Due date, payment and payment methods

The purchase price is to be payable by the time the order is placed. The customer can pay the purchase via payment system.

§ 7 Set-off, Retention

The customer shall only have the right to claim a set-off if his counterclaims have been legally established or accepted by S&D. He shall, furthermore, be entitled to exercise a right of retention insofar as his counterclaim is based on the same contractual relationship

§ 8 Reservation of Ownership/ Copyright ©

Until complete settlement of all claims against the customer the delivered goods shall remain the property of S&D. All recorded sounds made available by S&D are subject to German copyright and ancillary copyright law ©. Copies of recorded sounds are permitted exclusively for private, non-commercial use. By making illegal copies you are making yourself liable to prosecution.

§ 9 Warranty for Defects und Liability

The statutory warranty conditions shall apply with the following specific features:
The customer shall report and describe in detail immediately, and no later than two weeks after receipt of the goods, in writing any evident, and in particular visible, deficiencies of the delivered goods, including potential transport damages. Failure to do so within this period will result in an exclusion of warranty claims due to obvious defects in the goods supplied.
Liability exclusion does not apply in cases of gross negligence and premediation as well as vis major. Furthermore, the limitation of liability pursuant shall not be applicable to claims based on the law of product liability, in cases of justifiable impossibility by S&D nor defects of title. This is also the case when an essential obligation under this agreement of S&D has been culpably violated.
Further claims on the part of the customer – regardless of any legal arguments – are excluded. Therefore, S&D shall not be liable for damage not caused to the object itself; in particular S&D shall not be liable for lost profits or any other damage to the property of the customer. Where such liability is excluded or limited, this also applies to personal liability on the part of employees, representatives and assistants.
If S&D negligently violates an obligation essential to the contract, the obligation to pay compensation for property damages shall be restricted to the damage that typically occurs.

The warranty period shall be 24 months as of the date of delivery. This is the statutory period of limitation and also applies to replacement claims for consequential damage, insofar as no other claims from illegal actions are raised. S&D shall be liable for your assets up to the maximum of payment less the products purchased by you.

§ 10 Data Protection

Your personal data which is necessary for processing a business transaction will be stored and treated in a confidential manner. Please be advised that S&D will collect, store, process and use this data insofar as it is necessary for orderly order handling and customer information. The customer explicitly consents to such storing, processing and use of his personal data. The data will otherwise not be passed on to third parties.

§ 11 Severability Clause

If any single clauses of these general conditions of business and/or any complementary contract becomes ineffective, this will be without prejudice to the effectiveness of the other clauses and the contract and the general terms and conditions shall remain valid for both parties. The contractual partners are obligated to agree upon a new condition which comes closest to the purpose of the unenforceable condition.

§ 12 Applicable Law/Place of Venue

Any dissension or legal dispute resulting of the business relation will solely be handled by German law excluding the UN-buying-law. It is agreed that the place of jurisdiction is Munich, Germany.

Edited: 6/11/2012

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