General Terms and Conditions of Service
1.1 These General Terms and Conditions of MEDIA SOUND DESIGN GmbH, Graf-Enno-Str. 11, 26603 Aurich, Germany (hereinafter called MEDIA SOUND DESIGN) & shall apply to all services.
1.2 MEDIA SOUND DESIGN provides all its services exclusively based on these General Terms and Conditions. In particular, these conditions also apply if the customer has its own General Conditions and these contain provisions contrary or different to the General Terms and Conditions set forth herein. These General Terms and Conditions will also apply when MEDIA SOUND DESIGN, having knowledge of contrary or different conditions of the customer with regard to these conditions, execute the order without reservation. Conditions of the buyer contrary to or different from these are only binding if the MEDIA SOUND DESIGN has agreed in writing.
1.3 MEDIA SOUND DESIGN can modify these Terms with reasonable notice. If the customer does not object to the modification within the period provided by MEDIA SOUND DESIGN, modification shall be deemed accepted. The notice of the modification, MEDIA SOUND DESIGN notify the customer that the modification will be valid if not raise any opposition within the deadline.
1.4 MEDIA SOUND DESIGN can send information and clarification of the contractual relationship to the client by e-mail.
1.5.1 You have the right to cancel the contract within fourteen (14) days without justification.
1.5.2 The withdrawal period will expire after 14 days from the date of the contract.
1.5.3 To exercise the right of withdrawal, you must notify the decision to withdraw from the contract by an unequivocal statement (a letter sent by mail, fax or email).
1.5.4 To meet the withdrawal period it is sufficient that the communication concerning the withdrawal is sent before the expiration of the withdrawal period.
1.5.5 Consequences of withdrawal:
1.5.6 In case of withdrawal on its part, will refund all payments received from you, including the costs of delivery without undue delay and in any event not later than 14 days from the date on which we are informed of their decision to withdraw. We proceed to carry out such reimbursement using the same means of payment used by you for the initial transaction, unless you have expressly provided otherwise; in any case, will not incur any fees as a result of repayment.
1.5.7 You must you return or deliver the goods ourselves without undue delay and in any case no later than within fourteen (14) days from the date on which you communicate your withdrawal from the contract. The deadline is met is if you send back the goods before the period of fourteen (14) days has expired.
1.5.8 You must assume the direct cost of returning the goods.
1.5.9 If you have requested that the provision of services to begin during the withdrawal period, we will pay a proportionate amount to the part of the service already provided by the time we communicated its withdrawal, in relation to the total under contract.
1.5.10 There will be no right of withdrawal in contracts for delivery of goods that are not manufactured and whose manufacture is decisive for the election or individual determination by the consumer or are clearly tailored to consumer needs.
1.5.11 End of Act withdrawal
2.1 The reflected offers on the website are a non-binding request to the customer to place orders MEDIA SOUND DESIGN.
2.2 By submitting an order the customer makes a binding offer for the conclusion of a purchase contract or a supply contract work.
2.3 The contract does not take effect until MEDIA SOUND DESIGN customer confirms your order.
2.4 The conclusion of the contract is made with reservation of timely and full self-sufficiency. This reservation does not apply in the event of interruptions of late delivery or if MEDIA SOUND DESIGN responsible has been fails to deliver, especially if you skip MEDIA SOUND DESIGN perform timely coverage congruent position. Customer will be informed immediately about the unavailability of the service. If the customer has already paid the compensation, it will be reimbursed.
3.1 The scope of benefits of different services is deducted from the service description applicable at the time it was requested.
3.2 MEDIA SOUND DESIGN can modify their services to the extent that this is reasonable for the customer taking into account the interests of the client and MEDIA SOUND DESIGN.
3.3 If deficiencies legal regulations apply corresponding warranty.
4.1 MEDIA SOUND DESIGN gives customers a simple usage right, temporarily illimitado. You may not grant rights to third parties, in particular the sale thereof.
4.2 MEDIA SOUND DESIGN all copyright and intellectual property reserves. No rental! Prohibited the unauthorized reproduction, rent, performance or dissemination. The scope of this right arises from the offer or the order confirmation or invoice.
4.3 All work before granting the order - especially texts - is intellectual property of MEDIA SOUND DESIGN.
4.4 MEDIA SOUND DESIGN may use customers' sound-productions for publicity purposes and may use letters and logos of the customer to self-promotion.
4.5 Any recordings remain the property of MEDIA SOUND DESIGN until full payment of the invoice.
5.1 The customer shall only be entitled to compensation from MEDIA SOUND DESIGN if there is a final judgment in his favor or MEDIA SOUND DESIGN accept it.
5.2 In case of late payment, MEDIA SOUND DESIGN may require compensation for damages. MEDIA SOUND DESIGN may also require a refund of the costs of repeating the charge that has been generated due to the customer.
5.3 The purchase price and shipping costs must be paid immediately and without any deduction.
5.4 In the event that the customer is delayed in payment, MEDIA SOUND DESIGN entitled to transfer their demands to law firm and give third parties personal data of the customer necessary for the execution of payment. When the amount as stipulated in the contract in the event that a third party intervention in the execution of the payment occurs shall be considered in relation to MEDIA SOUND DESIGN payment it has been made only has been made available to the third so that the third party can dispose of it without any limitation.
6.1 The customer is obliged to indicate all necessary data complete and correct and communicate any changes without delay. This applies especially to data from mailing address, bank details and email address.
6.2 The customer is obliged to adapt their systems and programs so that they are not affect the safety and integrity and availability of systems, networks and data of MEDIA SOUND DESIGN or those of third parties.
6.3 The customer creates backups of all data.
6.4 The customer will ensure that its contents do not infringe recordings laws or rights of third parties.
6.5 The customer will indemnify MEDIA SOUND DESIGN, as well as their legal representatives, agents and other related persons of the claim for damages to third parties, regardless of their nature. This obligation will persist beyond the duration of the contract.
7.1 The customer will indemnify MEDIA SOUND DESIGN for all damage generated by the violation of the above provisions, provided that it incurs. The compensation also covers reasonable costs of a necessary legal defense. MEDIA SOUND DESIGN informs the customer without delay if MEDIA SOUND DESIGN or third party will engage the corresponding claims and give the customer the opportunity to comment on the matter.
8.1 MEDIA SOUND DESIGN only is liable for damages in case of willful misconduct or gross negligence of MEDIA SOUND DESIGN or one of its agents. If MEDIA SOUND DESIGN or one of their agents violates a fundamental contractual obligation so that endangers the purpose of the contract, the liability is limited to typical damage that could MEDIA SOUND DESIGN anticipated when the contract was concluded, unless that he acted fraudulently or with gross negligence.
8.2 This limitation does not apply in case of damage to life, limb or health and in case of liability under the law of civil liability for damage caused by products.
8.3 If the customer is an entrepreneur, a legal entity under public law or a special fund under public law, the liability is limited, except in cases of willful misconduct or gross negligence, the amount of contractual remuneration paid to the customer MEDIA SOUND DESIGN within two years before the incident occurred within the framework of the specific contractual relationship.
9.1 MEDIA SOUND DESIGN processes customer data for a specific purpose and in accordance with legal provisions. MEDIA SOUND DESIGN will use the personal data given (such as name, e-mail, address, payment details) to fulfill the contract. MEDIA SOUND DESIGN treats this information confidentially and will not deliver to third parties not involved in the ordering process, delivery and payment. The customer is entitled to request and receive free information on the personal data MEDIA SOUND DESIGN saved. The customer also have the right to correct incorrect data and to lock and delete their personal data, provided that it does not oppose legal obligation to retain data.
10.1 Aurich, Germany will be the exclusive place of jurisdiction for all disputes arising out or are motivated by a contract as long as the customer is a businessman, a legal entity under public law or a special fund under public law. Regardless of their nature, all claims that emerge or come motivated by the contract shall be governed by the laws of the German Federal Republic to the exclusion of the United Nations Convention on Contracts for Sale (CISG).