Terms and Conditions & Right of Withdrawal

for the online shop available at the URLs:

Operated by:

  • Oriano Medde
  • Showmusik
  • Aurbacherstraße 12
  • 81541 Munich, Germany
  • Email: shop@showmusik.com
  • Phone: +49 1573 0020469

Hereinafter referred to as the "Provider".

1. Scope of Application

These Terms and Conditions (T&Cs) apply to all contracts concluded for the purchase of digital products (e.g., sound effects downloads) via the online shop available at the aforementioned URLs, in the version valid at the time of contract conclusion.

These T&Cs apply exclusively. Deviating terms and conditions of the customer will not become part of the contract unless the Provider expressly agrees to them.

2. Conclusion of Contract

2.1 The offers in the online shop are non-binding invitations from the Provider to the online shop visitors to submit an offer to purchase the digital products offered.

2.2 Orders are placed via the Provider's online order form. After selecting the desired product(s), entering all required information, and completing the order process, customers can place their order by clicking the order button (Order). By placing an order, customers submit a binding offer to purchase the selected product(s). The contract is concluded when:

  • The Provider confirms the conclusion of the contract in text form (e.g., via email), or
  • The product is made available for download.

The contract is deemed concluded at the moment when one of these actions occurs for the first time.

2.3 Before submitting a binding order, customers can review and correct their entries using the usual device functions. All entries are displayed again in a confirmation window before the order is placed and can also be corrected there.

2.4 The Provider will store the contract text after the contract is concluded and send it to the customer in text form (e.g., via email). Further provision of the contract text is not available.

2.5 The languages available for the conclusion of the contract are German and English.

3. Right of Withdrawal: No Right of Withdrawal for Digital Products

For Consumers (B2C):

This withdrawal policy applies exclusively to customers who are consumers as defined by Section 13 of the German Civil Code (BGB). A consumer is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity.

For digital content not delivered on a physical data carrier (e.g., downloads of sound effects), there is no right of withdrawal once the provision of the product has begun. This applies pursuant to Section 356 (5) BGB if:

  • The consumer has expressly agreed during the order process that we may begin fulfilling the contract before the withdrawal period expires, and
  • The consumer has acknowledged that they lose their right of withdrawal upon commencement of the contract's execution.

The explicit agreement and acknowledgment are obtained through an opt-in declaration in the shopping cart prior to completing the purchase process. Without this agreement, the purchase is not possible.

For Businesses (B2B):

For customers acting as businesses under Section 14 of the German Civil Code (BGB), there is generally no right of withdrawal. A business is a natural or legal person or a partnership with legal capacity that enters into a legal transaction in the course of its commercial or independent professional activity.

4. Payment

4.1 The prices listed in the online shop apply. These prices include statutory VAT unless otherwise specified.

4.2 If payment by credit or debit card is agreed, the purchase price becomes due immediately upon conclusion of the contract.

4.3 For payments via PayPal, the purchase price becomes due immediately upon conclusion of the contract.

4.4 All available payment options will be displayed to customers in the online shop.

4.5 VAT for EU Businesses:

  • Businesses located within the European Union can enter a valid VAT identification number (VAT ID) in the shopping cart. If the VAT ID is successfully verified, VAT will be calculated correctly according to applicable tax regulations (intra-Community supply).
  • All customers will automatically receive an invoice with the correctly stated VAT via email along with the order confirmation.

5. Provision of Digital Content

5.1 After the successful completion of the order and payment, the digital product will be made immediately available to the customer via a download link. The link will be sent by email along with the order confirmation. The download is provided in the form of a ZIP file containing the sound effects in WAV format. Delivery on a physical data carrier (e.g., CD, USB stick) does not take place.

5.2 It is the customer’s responsibility to ensure that they have the necessary software and hardware to extract the ZIP file and use or process the contained WAV files.

6. Retention of Ownership

6.1 The digital content remains the property of the Provider until full payment has been made.

6.2 The granted license to use the digital content (see Section 10) only becomes effective upon full payment. Before full payment, the use of the content, including its modification or integration into other projects, is not permitted.

7. Warranty

7.1 The statutory provisions on liability for defects apply.

7.2 A defect in digital products exists if:

  • The provided files do not meet the described technical specifications (e.g., defective or incomplete WAV files).
  • The download link does not work or is invalid.

7.3 In the event of a defect, the Provider undertakes to remedy it within a reasonable period by:

  • Providing a functional download link, or
  • Replacing defective files with error-free files.

7.4 Exclusions:

  • A defect does not exist if customers fail to meet technical requirements (e.g., compatible software and hardware).
  • The Provider is not liable for disruptions caused by improper use, outdated software, or hardware issues on the customer’s side.

7.5 Warranty Period:

  • The statutory warranty period for consumers is 2 years from the provision of the product.
  • For businesses (B2B), the warranty may be limited to 1 year, provided this is not mandatorily excluded.

8. Liability

8.1 The Provider has unlimited liability:

  • For damages resulting from injury to life, body, or health that are caused by an intentional or negligent breach of duty by the Provider or its agents.
  • For damages caused by an intentional or grossly negligent breach of duty by the Provider or its agents.
  • In accordance with mandatory statutory provisions, such as those under the Product Liability Act.

8.2 In cases of negligent breaches of essential contractual obligations (cardinal obligations), the Provider's liability is limited to foreseeable, contract-typical damages.

8.3 Exclusion of Liability:

  • The Provider is not liable for technical disruptions outside its control.
  • The Provider is not liable for damages caused by improper use of the digital content.

8.4 Liability Disclaimer for the Use of Sound Effects:

  • The Provider accepts no liability for the use of the sound effects in music works, videos, performances, or other projects created by the customer.

8.5 Liability Disclaimer for Breaches of License Terms:

  • The Provider is not liable for damages resulting from unauthorized use of digital content in violation of the license terms (see Section 10).

9. Data Protection

Personal data is treated confidentially and in accordance with statutory data protection regulations. For more details, please refer to the Privacy Policy.

10. License Terms for the Use of Sound Effects

By purchasing the digital sound effects (hereinafter referred to as "Sounds") through the online shop, the customer obtains a non-exclusive, non-transferable license to use the Sounds in accordance with the following terms:

1. Usage Rights:

  • The license permits unlimited use of the Sounds for private and commercial projects, including but not limited to music productions, video productions, podcasts, and other audiovisual media.
  • The Sounds may be processed, altered, and incorporated into new creative works in combination with other content, provided that the Sounds do not remain isolated in their original form.

2. Restrictions:

  • The Sounds may not be shared, lent, gifted, or otherwise made accessible to third parties, whether in their original or modified form.
  • The resale, redistribution, or upload of the Sounds to platforms or databases for download by third parties is strictly prohibited.
  • The Sounds may not be used to create competing products (e.g., sample packs or sound libraries).

3. Protection of the License:

  • The Provider reserves the right to take legal action, both civil and criminal, in the event of violations of the license terms, particularly unauthorized sharing or resale.
  • Additionally, the customer's usage rights will be revoked immediately in the event of violations.

4. Customer Responsibility:

  • Customers are required to store the Sounds securely and protect them from unauthorized access by third parties. The Provider is not liable for damages caused by improper handling or unauthorized access.

5. No Transfer of Ownership:

  • The purchase of the license does not transfer ownership of the Sounds to the customer. Only the usage rights described above are granted. All rights to the Sounds, including copyrights, remain with the Provider.

6. Right to Audit:

  • The Provider reserves the right to audit the proper use of the license in justified cases to ensure compliance with the license terms.

11. Rules for Bonuses

The Provider offers additional bonuses with each purchase in the form of digital content and exclusive services. These bonuses are subject to the following rules:

General Notes on Bonuses:

  • 1. Voluntary Additional Services:
    • Bonuses are voluntary additional services provided by the Provider and are not an integral part of the purchase contract.
    • There is no legal entitlement to specific bonuses. The Provider reserves the right to modify, replace, or remove bonuses at any time.
  • 2. No Separate Claims:
    • Bonuses cannot be claimed or refunded separately. In case of technical issues with the provision of bonuses, customers can contact the Provider at shop@showmusik.com.
  • 3. Usage and License:
    • All bonuses are subject to the same licensing terms as the main product (see Section 10). Sharing, redistributing, or selling bonuses is expressly prohibited.
  • 4. Availability and Compatibility:
    • The Provider does not guarantee the compatibility of bonuses with all systems or software solutions. Customers are responsible for ensuring they meet the necessary technical requirements.
  • 5. Validity of Bonuses:
    • Bonuses may be time-limited. Validity periods are indicated for each bonus and must be observed by the customer.

11. Rules for Bonuses

The Provider offers additional bonuses with each purchase in the form of digital content and exclusive services. These bonuses are subject to the following rules:

General Notes on Bonuses:

  • 1. Voluntary Additional Services:
    • Bonuses are voluntary additional services provided by the Provider and are not an integral part of the purchase contract.
    • There is no legal entitlement to specific bonuses. The Provider reserves the right to modify, replace, or remove bonuses at any time.
  • 2. No Separate Claims:
    • Bonuses cannot be claimed or refunded separately. In case of technical issues with the provision of bonuses, customers can contact the Provider at shop@showmusik.com.
  • 3. Usage and License:
    • All bonuses are subject to the same licensing terms as the main product (see Section 10). Sharing, redistributing, or selling bonuses is expressly prohibited.
  • 4. Availability and Compatibility:
    • The Provider does not guarantee the compatibility of bonuses with all systems or software solutions. Customers are responsible for ensuring they meet the necessary technical requirements.
  • 5. Validity of Bonuses:
    • Bonuses may be time-limited. Validity periods are indicated for each bonus and must be observed by the customer.

Individual Bonuses:

  1. One-Hour Personal Video Call with Showmusik:
    • Description: Every customer who purchases within the first three months of the shop’s launch is eligible for a personal one-hour video call with Oriano (Showmusik). In this session, you can ask questions, have your mixes analyzed, and receive tips on music editing for dance.
    • Participation Conditions:
      • This offer is only valid for purchases made within the first three months of the shop's launch.
      • Appointments are booked via a link provided to Calendly. Each customer is entitled to one appointment.
      • The video call must be redeemed within 1 year of purchase. After this period, redemption cannot be guaranteed.
      • The video call lasts one hour and cannot be repeated. After the session, there is no entitlement to further calls.
      • Failure to attend a booked call without prior cancellation will result in the loss of the opportunity for another call.
  2. Exclusive Discord Community:
    • Description: Customers gain access to a private community of dancers and choreographers. Here, you can network, share your work, ask questions, and receive feedback. This community provides a supportive environment to improve your craft.
    • Access:
      • Access is granted via an invitation link provided after purchase.
      • An active Discord account is required to join the community. Customers may need to register for free with Discord to participate.
      • The use of the community is subject to the applicable community rules.
  3. One Year of Monthly Group Sessions:
    • Description: Customers receive the opportunity to participate in monthly group video calls for one year. During these sessions, Oriano analyzes your music edits and provides tips for improvement. Each participant can submit mixes and benefit from feedback.
    • Participation Conditions:
      • Group sessions are held once a month via video call. Invitations are sent by email.
      • No makeup sessions are provided. Participation is only possible within the first 12 months after purchase.
      • It is not guaranteed that all submitted mixes will be analyzed during the sessions. Mixes for analysis can be submitted via the Discord community.
  4. Quick Start Guide:
    • Description: A compact video guide helps you understand the technical steps for downloading and integrating the effects into your software. This guide enables you to start using the sound effects effortlessly.
    • Access: The Quick Start Guide is provided as a link to a YouTube video.
  5. Checklist for Successful Dance Mixes:
    • Description: A PDF checklist supports you in creating a mix that is perfect for dance competitions. These steps help ensure every detail is covered, allowing your performance to shine.
    • Access: The checklist is provided as a link to a PDF file.

12. Final Provisions

12.1 The laws of the Federal Republic of Germany apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). Consumers in the EU will continue to enjoy the protection of mandatory provisions of their country of residence.

12.2 Should any individual provisions of this contract be invalid, the remainder of the contract shall remain valid.

13. Information on Online Dispute Resolution

The European Commission provides a platform for online dispute resolution, available at https://ec.europa.eu/consumers/odr.

The Provider does not participate in dispute resolution proceedings before consumer arbitration boards.

Email address: shop@showmusik.com

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