General Sales and End User Terms and Conditions
of Mustang Sound GmbH
The following General Sales and End User Terms and Conditions (GTC) apply in the version valid at the time of the respective order for the online shop under the URL "www.vertigosound.com" as well as for its sub-pages. The online shop is operated by Mustang Sound GmbH, Zenettistr. 11, 80337 Munich, Germany, e-mail: firstname.lastname@example.org, Phone: +49(0)898406177
Mustang Sound GmbH distributes audio hardware and audio software plug-ins.
Mustang Sound GmbH recommends that you print or save these General Terms and Conditions as well as the other legal and contractual texts independently for the documentation of the respective business transaction.
Mustang Sound GmbH does not comprehensively store the contract texts for the respective business transaction.
1. Subject Matter, Definitions of Terms and Contact
1.1 These GTC apply to all contracts which a Customer (as defined below) concludes with Mustang Sound GmbH for the Deliverables (as defined below).
1.2 The application of Customer's own terms and conditions of business is hereby rejected, unless otherwise expressly agreed with the Customer in writing.
1.3 "Customer" in the sense of these GTC shall mean both Consumers and Entrepreneurs.
1.3.1 “Consumer” within the meaning of § 13 of the German Civil Code (BGB) is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity.
1.3.2 “Entrepreneur” within the meaning of § 14 BGB is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
1.4 For the purposes of these GTC “Deliverables” are all digital deliverables (software plug-ins) and services or hardware that can be purchased in the online-shop of Mustang Sound GmbH.
1.5 Mustang Sound GmbH can be contacted by mail at the address Zenettistraße 11, 80337 Munich or by e-mail:email@example.com or by phone: +49(0)8984061777.
2. Conclusion of Contract
2.1 The presentation of Deliverables in the online shop by Mustang Sound GmbH does not constitute legally binding offers to conclude a contract, but serve as an invitation to the Customer to submit a binding offer (so-called invitatio ad offerendum/invitation to submit an offer).
2.2 Customer´s legally binding submission of the purchase offer occurs by placing Deliverables into the shopping basket any by clicking the "Buy" button. Mustang Sound GmbH is entitled to reject the purchase offer of Customer until acceptance.
2.3 The contract is only concluded upon Customer´s receipt of the declaration of acceptance by Mustang Sound GmbH.
Immediately after receipt of the order by the Customer, Mustang Sound GmbH will send a receipt confirmation to the e-mail address provided by the Customer. This receipt confirmation serves exclusively for the documentation of the ordering process and the fulfilment of the legal obligations by Mustang Sound GmbH according to § 312g Abs. 1 S. 1 Nr. 3 BGB, but does not represent Mustang Sound GmbH´s acceptance of Customer´s offer.
The acceptance of the contract by Mustang Sound GmbH may also takes place through the release of the respective digital deliverable or software for download.
3. Detailed Description of the Ordering Process
According to § 312i Paragraph 1 Sentence 1 No. 2 BGB in connection with Art. 246c No. 1 Introduction Code of the German Civil Code (EGBGB) must be provided by Mustang Sound GmbH to the Customer with the individual technical steps leading to the conclusion of the contract.
To place an order with Mustang Sound GmbH, the Customer needs a Customer account, which he can also create password-protected for the initial order.
3.1 Initiation of the ordering process:
If the Customer clicks on the "Add to shopping cart" button in the "product description", a message appears confirming that the Deliverables have been placed in the shopping cart. The Customer can now decide whether he wants to continue his purchase or go directly to the shopping cart and checkout. If he finally goes to the checkout after finishing his purchase, he will find his selected Deliverables there again with the description of the Deliverables, the number of Deliverables and the price including all ancillary costs. If he wants to order the Deliverables now, he must click on "Go to checkout".
3.2 Now the Customer is requested to enter his Customer data or to create a new Customer account for his first order.
If the Customer wishes to create a new Customer account, he must insert his data under "Order and create customer account" in accordance with the steps described in Sect. 3.1. When registering, the Customer must enter not only the full name, billing address, e-mail address and telephone number, but also a password of his choice.
If the Customer now clicks "continue", his data will be saved for the Customer account and he can continue the order process as described under Sect. 3.3.
3.3 Continue the order process after creating a Customer account or login:
The Customer is now asked to choose the payment method. The Customer then has the opportunity to take note of the GTC again. By ticking the box, the Customer can confirm the terms and conditions if he wishes to continue the order. The Customer then receives an overview of the Deliverables to be ordered and the most important contract information, above all the total price.
By clicking the button "Buy" the Customer can now complete the order process by submitting his legally binding contract offer.
4. Cancellation Rules
4.1 Consumers within the meaning of § 13 BGB have a statutory right of cancellation.
Information about Customer´s Right to Cancel
Right of Cancelation for Software:
You have the right to cancel the contract within fourteen days without giving reasons. The cancellation period is fourteen days from the date of conclusion of the contract. In order to exercise your right of cancellation, you must give us
Mustang Sound GmbH
Phone No.:+49(0)89 85636927
notice by means of a clear declaration (e.g. a letter, fax or e-mail) about your decision to cancel this contract. You can use the attached model cancellation form, but this is not mandatory.
In order to comply with the cancellation period, it is sufficient that you send the notice of the exercise of the cancellation right before the expiration of the cancellation period.
Consequences of the cancellation:
If you cancel the contract, we will refund all payments we have received from you, including delivery costs (except for the additional costs resulting from your choosing a delivery method other than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day we receive notice of your cancellation of the contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund.
Right of cancellation for Hardware:
You have the right to cancel the contract within fourteen days without giving reasons. The cancellation period is fourteen days from the day on which you or a third party you have designated, who is not the carrier, took or has taken possession of the last Deliverables. In order to exercise your right of cancellation, you must give us
Mustang Sound GmbH
Phone No.:+49(0)89 84061777
notice by means of a clear declaration (e.g. a letter, fax or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form, but this is not mandatory. In order to comply with the revocation period, it is sufficient that you send the notice of the exercise of the revocation right before the expiry of the revocation period.
Consequences of cancellation:
If you cancel the contract, we will refund all payments we have received from you, including delivery costs (except for the additional costs resulting from your choosing a delivery method other than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day we receive notice of your cancellation of the contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you, in no case will you be charged any fees for this refund.
We may refuse to refund until we have received the Deliverables back or until you can prove that you have returned the Deliverables, whichever is earlier. You have to return the Deliverables immediately and in any case within fourteen days at the latest from the day on which you inform us of the cancellation of this contract by notice to
Mustang Sound GmbH
to be sent back or handed over. The deadline is met if you dispatch the Deliverables before the expiry of the fourteen-day deadline.
You bear the direct costs of returning the Deliverables.
You only have to pay for any loss in value of the goods if this loss in value is due to a handling of the Deliverables which is not necessary for checking the quality, properties and function of the Deliverables.
End of the Information on the Cancellation Rules
4.2 The right of cancellation expires in the case of a contract for digital deliverables not on a physical data carrier even if the entrepreneur has begun with the execution of the contract after the Consumer has expressly agreed that the entrepreneur shall commence with the execution of the contract before expiry of the cancellation period, and has confirmed his knowledge that he loses his right of withdrawal by his consent at the beginning of the execution of the contract.
The right of cancellation shall also lapse in the case of contracts for the delivery of sealed deliverables which, for reasons of health protection or hygiene, are not suitable for return if their sealing has been removed after delivery.
4.3 Sample Cancellation Form
If you wish to cancel the contract, please fill out this form and send it back to us:
Mustang Sound GmbH
I/we hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):
Ordered on (*)/received on (*):
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only if communicated on paper)
(*) Delete as applicable
Licensing Terms and Conditions
5. Licensing Terms and Conditions
Mustang Sound GmbH grants Customer access to the object code of the software plug-ins and a related license keys (Software) offered under www.vertigosound.de exclusively on the basis of the following license terms and conditions. Such license is between Customer and Mustang Sound GmbH.
By downloading the Software Customer agrees to this section 5. If Customer does not agree with this section 5, he may neither install nor use the Software. The Software and all related symbols, logos or documentation are copyright protected. The copyright and all other intellectual property rights to the Software or the above listed items, which Mustang Sound GmbH makes accessible to Customer, are and remain exclusive property of Mustang Sound GmbH. Customer not entitled to get access to any source codes.
5.1 By ordering the Software Customer does not acquire ownership of the Software itself, but only the right to use the Software as a copyright protected work in accordance with this Section. This right of use is granted by Mustang Sound GmbH as a license. Subject to full payment of the related fee or price and the activation of the license key Customer is granted a non-exclusive, perpetual and as per Sect.5.4 transferable right to use the Software for Customer´s own purposes in compliance with the restrictions set out below.
5.2 The license relates to the Software in its entirety. Customer may not separate individual parts or elements of the Software. Copyright notices may under no circumstances be deleted, changed or suppressed in any other way. Subject to § 69e German Copyright Act (UrhG) Customer is not entitled to reverse engineer, decompile or disassemble the Software.
5.3 The license is limited to the right to install and use the Software on a maximum of three computers belonging to the same company or household of Customer. In the case that due to a hardware defect or the like Customer is no longer be able to use the Software, Customer may acquire a new license key against payment of 29.00 EUR.
If Customer loses or damages the license key, a re-licensing of the Software against full license-fee is normally required. However, Customer may request Mustang Sound GmbH to supply a replacement key by (i) paying the aforementioned fee and (ii) submitting a written declaration in which Customer undertakes to refrain from using the replaced license key under threat of an appropriate contractual penalty, in order to avoid the need to re-license the Software. Acceptance of such declaration is at the sole discretion of Mustang Sound GmbH.
5.4 Customer is entitled to resell or transfer the Software. In case of such resale or transfer, the transferee has to apply for a new license key at Mustang Sound GmbH. Customer will inform the transferee about this requirement before any such sale or transfer. The fee for the new license key is 29.00 EUR.
5.5 Before any licensing Customer is obliged to check whether the Software and its specifications as well as its scope of functions meet Customer´s requirements. Customer is aware and by downloading the Software Customer accepts that Customer may only use the Software for its own purposes, subject to the restrictions set forth above. It is Customer´s responsibility to take precautions to ensure that the Software works properly, in particular to ensure the operation and safety of the working environment of the Software. Customer bears the risk of incompatibility of the Software with Customer´s hardware.
6. Other obligations of Customer
6.1 Customer confirms that he is of legal age and that he will provide all information required for the execution of the contract truthfully and, if necessary, informs Mustang Sound GmbH immediately of any changes relevant to the contractual relationship, in particular a change of domicile or name.
6.2 Orders are usually processed and contacted by e-mail as part of automated order processing.
Customer must therefore provide a valid e-mail address under which the e-mails sent by Mustang Sound GmbH can be received.
6.3 Customer will not give his customer account, password or other access data to third parties, in particular will not share them with such third parties.
Prices, Terms of Payment and Refund
7. Prices, Terms of Payment and Refund
7.1 The prices quoted in Mustang Sound GmbH's online shop are total prices (final prices), i.e. they include all price components, including statutory German VAT. If Customer orders from abroad, the value-added tax valid in Customer´s country of residence will be automatically calculated and shown within the scope of the order.
It should be noted that for deliveries to countries outside the European Union, additional costs may be incurred in individual cases, in particular taxes, duties and duties.
7.2 Mustang Sound GmbH offers paypal as payment method.
8. Terms of Delivery
The download of the software plug-in or other digital content is activated immediately after ordering and checking the selected payment method.
9. Warranty for Defects
Mustang Sound GmbH is liable for material defects or defects of title related to the Deliverables in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The limitation period for statutory warranty claims is two years and begins with the delivery of the Deliverables.
10.1 Mustang Sound GmbH is liable to Customer in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of wasted expenses.
10.2 In other cases Mustang Sound GmbH is only liable – unless set forth otherwise in Sect. 10.3 - in case of breach of a contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the Customer may regularly rely (so-called cardinal obligation), limited to the compensation of the foreseeable and typical damage. In all other cases Mustang Sound GmbH´s liability is excluded unls set forth otherwise in Sect. 10.3.
10.3 Mustang Sound GmbH´s liability for damages resulting from injury to life, body or health and under any strict product liability act remains unaffected by the above limitations and exclusions of liability.
Mustang Sound GmbH has copyrighted rights to images, films and texts on this website.
Any use of these images, films and texts by third parties therefore requires the express consent of Mustang Sound GmbH.
12. Data Protection
Mustang Sound GmbH is committed to protecting Customer´s privacy when processing Customer´s personal data. The processing of the data collected from the Customer takes place in accordance with the provisions of the Federal Data Protection Act (BDSG) and other legal provisions that apply to electronic business transactions. The data provided by the Customer when creating the customer account and placing orders is mainly used by Mustang Sound GmbH for order processing, goods delivery and payment processing.
Further information and details on data protection can be found at www.vertigosound.de.
13. Governing Law, Place of Jurisdiction and Contract Languages
13.1 The contract in accordance with these GTC is exclusively subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If the Customer is a consumer within the meaning of § 13 BGB (German Civil Code) and has his habitual residence abroad, mandatory provisions of this state remain unaffected. The contract languages are German and English.
13.2 If Customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship shall be Munich (District Court District Munich I).
14. Code of Conduct
Mustang Sound GmbH is not subject to any codes of conduct within the meaning of Art. 246a § 3 No. 5 EGBGB.