General Terms and Conditions
The present General Terms and Conditions (referred to as “T&C” hereinafter) shall apply to the relationship between you and us.
Image Sounds GmbH Gustav-Brandt-Str.11 30173 Hannover Germany
(defined as „we” or “us” hereafter).
1. 1. Distinction between Entrepreneurs and Consumers
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 entrepreneurs. 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 (“Bürgerliches Gesetzbuch”, abbr. “BGB”), be each natural person who enters into the business relationship with us for a purpose which is outside its trade, business or profession.
„Entrepreneur“ shall, for purposes of the present T&C and in accordance with the statutory definition in section 14 of the German Civil Code (“Bürgerliches Gesetzbuch”, abbr. “BGB”), be each natural person who enters into the business relationship with us for a purpose which is outside its trade, business or profession.
1. 2. Customer Account
In order to enjoy a more convenient use of the online shop, you can open a customer account. You shall treat your access data like e.g. your password confidentially and shall notify us promptly in case of loss or unauthorized use of your access data.
1. 3. Conclusion of Contract, Content of Contract
a.
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. You can submit a purchase order in that you put one or more goods and/or services into the shopping basket, run through the remaining order process on the website and enter the data as requested in such context. Prior to sending off your purchase order you will see an overview with your order information. Within the menu of the aforesaid order overview you will have the opportunity to check and modify your purchase data. Only if and once you send off your order, you submit a binding offer for conclusion of a contract with us. Once we received your purchase order we will send you an email for confirmation of your purchase order (order confirmation). Upon your receipt of such order confirmation the contract will be concluded.
Languages made available for conclusion of the contract are English and German.
b.
If you are an Entrepreneur the following shall apply:
Our offers, deliveries and performances shall solely be subject to the present T&C. Contradicting or additional terms and conditions of the customer shall not become part of the contract.
1. 4. Storage of the Provisions of the Contract
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”). The provisions of the contract including the present T&C are also contained in our order confirmation which you recieve via email.
1. 5. Making available
If you are an Entrepreneur the following shall apply:
Where we are not responsible for a delay of shipping, like e.g. in case of lack of energy, import difficulties, traffic congestions, strikes or force majeure, the time period for performance shall be prolongued correspondingly. Should we not be able to perform even after adequate prolongation, the customer and we ourselves shall be entitled to terminate the contract.
If you are a Consumer the statutory provisions shall apply. 1. 6. License Terms and Conditions
When purchasing a Soundlibrary 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.
1. 7. Right of Revocation Consumers have the following right of revocation:
Revocation Instruction Right of Revocation
You may declare the revocation of your contractual statement in text form (e.g. letter, fax, email) within a period of 14 days or, if you receive the thing before expiration of such aforesaid periosd, by returning the thing. The revocation does not have to contain any grounds. The revocation period commences upon receipt of this revocation instruction in text form, but not before the recipient received the goods (or, in case of repeated deliveries of the same type of goods, not before receipt of the first partial shipment) and not before fulfilment of our duties of information under section 246 § 2 in connection with § 1 para. 1 and 2 EGBGB (“Einführungsge- setz zum Bürgerlichen Gesetzbuch“ – Introductory Act to the German Civil Code) as well as our duties under § 312g para. 1 sentence 1 BGB (“Bürgerliches Gesetzbuch“ – German Civil Code) in connection with section 246 § 3 EGBGB (“Einführungsgesetz zum Bürgerlichen Gesetzbuch“ – Introductory Act to the German Civil Code). 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:
Image Sounds GmbH Gustav-Brandt-Str.11 30173 Hannover Germany
E-Mail: contact (at) imagesounds (dot) de Consequences of Revocation
In case of a valid revocation, all mutually received performances are to be restituted and emoluments taken (e.g. interest), if applicable, are to be returned. If you are unable to restitute or return, as applicable, the received performance and emoluments (e.g. benefits of use) to us in full or in part or if you can only restitute or return them in a deteriorated condition, then you have to compensate us for their value to such extent. Such compensation for the deterioration of the thing and emoluments taken will only apply if and to the extent that the emoluments or the deterioration is caused by a handling of the thing which goes beyond the examination of its qualities and functionality. “Examination of the qualities and functionality” means the testing and trying out of the applicable goods, as such is possible and customary e.g. in a retail store. Things which are suitable for shipping via parcel post are to be returned at our risk. You have to bear the regular cost of return of the goods to us if the delivered goods correspond to the goods ordered and if the price of the goods to be returned does not exceed an amount of 40 Euro or, where the price of the thing is higher, if you have, by the time of revocation, not yet paid the consideration or a contractually agreed part payment. Otherwise the return of the goods is free of charge to you. Things which are not suitable for shipping via parcel post will be picked up at your location. Obligations to reimburse payments must be fulfilled within 30 days. For you, such time period starts at the time of dispatch of your declaration of revocation or of the thing. For us, it starts at the time of receipt of same.
End of the Revocation Instruction
Including without limitation, under the applicable laws there is no right of revocation in case of distance selling contracts of:
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goods which are not suitable for return.
audio or video recordings or software, if the delivered data carriers were not unsealed by the Consumer. 1. 8. Cost of Return Shipment in Case of Revocation
In case that you make use of a given right of revocation, you shall bear the regular cost of return of the goods to us, provided that the delivered goods correspond to the goods ordered and provided that the price of the goods to be returned does not exceed an amount of 40 Euro or, where the price of the thing is higher, you have, by the time of revocation, not yet paid the consideration or a contractually agreed part payment. Otherwise the return of the goods is free of charge to you.
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1. a.
a.
9. Claims arising from Defects/ Warranty Warranty in relation to Consumers:
The default rules under the applicable laws shall apply. Warranty in relation to Entrepreneurs:
(aa)
The Customer shall inspect the goods promptly after receipt. The customer shall notify us in writing of apparent defects within a period of two weeks from receipt of the respective goods or – if the defect should become apparent only after such aforesaid time period – within two weeks from the discovery of the defect. The timely dispatch of the notice shall suffice to preserve the customer’s rights. Should such notice not be given or not be given in time, the goods shall be deemed approved.
(bb)
If and to the extent of a defect of the purchased goods, we shall, in the first place, provide warranty by way of cure. We shall perform such cure, at our choice, either by way by way of remedying the defect or by way of replacement delivery. Should such aforesaid cure fail, the customer shall be entitled to abate the remuneration or – in case of significant defects – to terminate the contract.
(cc)
The warranty period is one year, unless the defect was fraudulently concealed. The limitation period begins upon the delivery of the goods.
9. Liability Limitation
Our liability for damages shall be subject to the following:
In case of intention or gross negligence, also on part of any persons assisting us in the performance of our obligations, we shall be liable in accordance with the applicable laws. The same shall apply in case of a damage caused by negligent violation of life, body or health.
In case of a damage to property or a financial damage, we ourselves as well as any persons assisting us in the performance of our obligations, shall only be liable in case of breach of an essential contractual obligation, subject, however, to a maximum amount equal to the damage which was foreseeable at the time of conclusion of the contract and typical for the contract; essential contractual within the aforesaid meaning are such obligations the fulfilment of which is a prerequisite for performance of the contract and which the other party may generally expect to be complied with.
Otherwise, any liability for damages of any kind, regardless of the respective underlying cause of action, shall be excluded, except if and to the extent that we are liable under the applicable laws, including without limitation because of the acceptance of a guarantee or under the German Product Liability Act (“Produkthaftungsgesetz”).
10. Choice of Law, Jurisdiction
a.
The laws of Germany shall apply. The Convention on the International Sale of Goods shall not apply.
Where the customer is a consumer, such choice of law shall only apply to the extent that it does not affect mandatory provisions of the country where the customer has its habitual place of abode.
b.
For dealings with merchants the courts of the seat of our company (Hannover) shall have jurisdiction; however, we shall be entitled, at our choice, to file a lawsuit at the customer’s location instead.
