§ 1 Scope and provider
(1) These General Terms and Conditions apply to all orders for textile products placed via the online store of
WAVE PLANET PRODUCTIONS GMBH
– in the following called “HI-HAT HUSTLE
by the respective customer.
(2) The range of goods in our online store is aimed exclusively at buyers who have reached the age of 18.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions of Business shall therefore also apply to companies for all future business relations, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer which contradict our general terms and conditions is hereby already contradicted.
(4) Contract language is exclusively German and/or English.
(5) You can access and print out the currently valid General Terms and Conditions of Business on the website [specify link].
§ 2 Conclusion of contract
(1) The presentation of goods in the online store does not constitute a binding application for the conclusion of a sales contract. Rather, it is a non-binding request to order goods in the online store.
(2) By clicking the button [“Order and Pay”] you submit a binding offer to purchase (§ 145 BGB (German Civil Code)). Immediately before placing this order, you can check the order again and correct it if necessary.
(3) After receipt of the purchase offer, you will receive an automatically generated e-mail confirming that we have received your order (confirmation of receipt). This confirmation of receipt does not yet represent an acceptance of your purchase offer. A contract is not yet concluded by the confirmation of receipt.
(4) A purchase contract for the goods shall only be concluded when we expressly declare acceptance of the purchase offer (order confirmation) or when we send the goods to you – without prior express declaration of acceptance. Exception: in the case of payment in advance and PayPal, the acceptance of the order takes place immediately with your order.
§ 3 Prices
The prices stated on the product pages contain the legal value added tax and other price components (such as ancillary costs of payment transactions) and do not include the respective shipping costs. Further information about the shipping costs can be found on our website under [“Shipping Information” / “Terms of Delivery“].
§ 4 Terms of payment; Delay
(1) Payment is made in advance via the payment service provider Paypal.
(2) The choice of the available payment methods is up to us. In particular, we reserve the right to offer you only selected payment methods, for example, to secure our credit risk only prepayment.
(3) When paying with PayPal, you will be redirected to the website of the online provider PayPal during the order process. In order to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After submitting the order in the store, we request PayPal to initiate the payment transaction. You will receive further instructions during the ordering process. The payment transaction will be executed automatically by PayPal immediately afterwards.
§ 5 Offsetting / Right of retention
(1) You are only entitled to a right of set-off if your counterclaim has been legally established, is not disputed or acknowledged by us or is in a close synallagmatic relationship with our claim.
(2) You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
§ 6 Delivery; Retention of title
(1) Unless otherwise agreed, the goods will be delivered from our warehouse to the address you specify.
(2) Orders are currently only possible to Europe. Delivery is only possible in quantities customary in households.
(3) The goods remain our property until the purchase price has been paid in full.
(4) By way of exception, we are not obliged to deliver the ordered goods if we have duly ordered the goods on our part, but have not been supplied correctly or on time (congruent covering transaction). The prerequisite is that we are not responsible for the lack of availability of the goods and have informed you of this circumstance immediately. Furthermore, we may not have assumed the risk of procuring the ordered goods. If the goods are unavailable, we will immediately refund any payments already made. We do not assume the risk of having to procure ordered goods (procurement risk). This also applies to orders of goods which are only described according to their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods ordered by us from our suppliers.
(5) If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the following shall apply in addition:
a) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Before transfer of ownership of the goods subject to retention of title, pledging or transfer of ownership by way of security is not permitted.
b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that arise from the resale. We accept the assignment, but you are authorized to collect the claims. As far as you do not meet your payment obligations properly, we reserve the right to collect claims ourselves.
c) If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled upon request to the extent that the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is at our discretion.
§ 7 Cancellation policy
In the event that you are a consumer within the meaning of § 13 BGB (German Civil Code), i.e. you make the purchase for purposes that can predominantly be attributed neither to your commercial nor your self-employed professional activity, you have a right of revocation in accordance with the following provisions.
Right of revocation
You have the right to cancel this contract within fourteen days without giving reasons, the cancellation period is fourteen days from the day you or a third party designated by you, who is not the carrier, have taken possession of the goods. To exercise your right of withdrawal, you must inform us of your
first name / name:
by means of a clear statement (e.g. a letter or e-mail sent by post) about your decision to revoke this contract. You may use the attached sample revocation form for this purpose, but this is not mandatory.
In order to comply with the revocation deadline, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we receive notification of your revocation of this Agreement.
For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
We may refuse to refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us or to [if applicable, the name and address of a person authorised by us to receive the goods] without delay and in any event no later than fourteen days from the date on which you notify us of the cancellation of this agreement. The deadline is deemed to have been met if you send the goods before the end of the fourteen-day period.
You shall bear the direct costs of returning the goods.
You will only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary for testing their condition, properties and functionality.
End of the revocation instruction
(1) The right of revocation does not apply in the case of delivery of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. T-shirts with your photo and your name) or in case of delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene, if their seal has been removed after delivery.
(2) Please avoid damage and contamination. If possible, please return the goods to us in the original packaging with all accessories and with all packaging components. If necessary, use a protective outer packaging. If you no longer have the original packaging, please use suitable packaging to ensure sufficient protection against transport damage in order to avoid claims for damages due to damage caused by defective packaging.
(3) Please notify us of the intended return shipment before returning the goods to the e-mail address “firstname.lastname@example.org”. In this way you will enable us to assign the products as quickly as possible.
(4) Please note that the modalities mentioned in the above paragraphs 2 and 3 are not prerequisites for the effective exercise of the right of withdrawal.
§ 8 Damage in transit
(1) If goods with obvious transport damages are delivered, please complain about such defects immediately to the deliverer and contact us as soon as possible.
(2) Failure to make a complaint or contact us will have no consequences for your legal warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance company.
§ 9 Warranty
(1) Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the law on sales (§§ 433 et seq. BGB (German Civil Code)).
(2) If you are a consumer within the meaning of § 13 BGB (German Civil Code), the liability period for warranty claims for used goods is one year – in deviation from the statutory provisions. This limitation shall not apply to claims based on damages resulting from injury to life, body or health or from the breach of a material contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation), nor to claims based on other damages which are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
(3) In all other respects, the statutory provisions shall apply to the warranty, in particular the two-year limitation period pursuant to § 438 (1) No. 3 BGB (German Civil Code).
(4) If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the statutory provisions shall apply with the following modifications:
a) Only our own specifications and the manufacturer’s product description are binding for the quality of the goods, but not public praise and statements and other advertising by the manufacturer.
b) You are obliged to examine the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods. The punctual dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later from discovery. In case of violation of the obligation to examine and give notice of defects, the assertion of warranty claims is excluded.
c) In the case of defects, we shall provide warranty at our discretion either by repair or replacement (supplementary performance). In the case of rectification of defects, we do not have to bear the increased costs incurred by the transfer of the goods to a place other than the place of performance, if the transfer does not correspond to the intended use of the goods.
d) If the supplementary performance fails twice, you may at your option demand a reduction in price or withdraw from the contract.
e) The warranty period is one year from delivery of the goods.
§ 10 Liability
(1) Unlimited liability:We are liable without limitation for intent and gross negligence and in accordance with the German Product Liability Act. For slight negligence we are liable for damages resulting from injury to life, body and health of persons.
(2) The following limited liability shall otherwise apply: In the case of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on the observance of which you may regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favour of our vicarious agents.
§ 11 Alternative Dispute Resolution
The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with their online orders without the need to go to court. The dispute resolution platform can be accessed via the external link http://ec.europa.eu/consumers/odr/.
We endeavor to settle any differences of opinion arising from our contract amicably. Furthermore, we are not obliged to participate in arbitration proceedings and unfortunately we cannot offer you the participation in such proceedings.
§ 12 Final provisions
(1) Should one or more provisions of these GTC be or become invalid, the validity of the remaining provisions shall not be affected.
(2) German law shall apply exclusively to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, “UN Sales Convention”). Mandatory provisions of the country in which you usually reside shall remain unaffected by the choice of law.
3) If you are a merchant, a legal entity under public law or a special fund under public law, our registered office shall be the place of jurisdiction for all disputes arising from or in connection with contracts between us and you
§ 1 User
User of these general terms and conditions (End User Agreement for Digital Goods) is:
Yannic Dressler & Felix Schüssler GbR
represented by the managing directors Yannic Dressler & Felix Schüssler
90469 Nürnberg, GERMANY
hereinafter referred to as „HI-HAT HUSTLE“ or „we/us“.
§ 2 General & Scope of Application
These general terms and conditions apply to all legal transactions between HI-HAT HUSTLE and the end user (hereinafter referred to as “customer” or “you”), which are concluded via the website www.hihathustle.com and involve digital goods (drum kits and sample packs).
On the website www.hihathustle.com HI-HAT HUSTLE operates an online store requiring registration for the digital trade, distribution and licensing of audio content.
Registered users can order audio content on our website for a fee, download it and use and exploit it in accordance with our general terms and conditions and within the framework of existing laws.
On our website, we distribute so-called user generated content, i.e. content created by third parties (CREATORS).
We do not distribute our own content, but offer the CREATORS a platform and interface to our customers. In this way, we promote the independent and responsible use of audio content and expressly encourage our registered customers to do so.
Please read these general terms and conditions carefully and conscientiously before you download and use the audio content ordered from us.
Before registering on our site and before any chargeable ordering process of audio content, you must confirm the validity of our general terms and conditions.
It is irrelevant whether the customer is a natural or legal person. Furthermore, it is irrelevant whether the purpose of the purchase by the customer is of a professional or private nature.
These general terms and conditions apply exclusively: any regulations deviating from these or any terms and conditions of the customer are hereby rejected.
§ 3 Conclusion Of Contract & Pre-Order
Orders at HI-HAT HUSTLE can be placed by customer in the Internet (www.hihathustle.com) via the shopping cart. By clicking the “Order and Pay” button, the customer makes a binding offer to conclude a license agreement.
Only after the payment has been executed by the payment service provider PayPal, the respective license agreements are concluded. Here it is irrelevant whether the ordered products are directly available in the store or imaginable goods (Pre-Order).
§ 4 Payment & Acces To Products
The payment is made via the payment service provider PayPal by advance payment.
The statutory value added tax and other price components (such as ancillary costs of payment transactions, etc.) are included in the prices quoted in each case.
Customer receives the respective invoice by e-mail after conclusion of the contract.
Furthermore, all invoices can be viewed and downloaded in the customer account of customer under the tab “ORDERS”.
After successful ordering and payment, the ordered goods are made available for download in the form of digital audio files in the customer’s customer account under the tab “DOWNLOADS”.
If it concerns imaginable products (Pre-Order), then the respective products are visible up to the publication date under the tab “PRE ORDER”, but are not yet available for download.
Starting from the respective publication date of the pre-ordered products these appear likewise under the tab “DOWNLOADS” and are then available there 5 times for download.
§5 Licenseagreement For Drum Kits & Sample Packs
The respective products contain different sounds (.wav-files), which are made available to customer for download after the chargeable order process via their customer account on www.hihathuslte.com.
HI-HAT HUSTLE is not the author or owner, but is authorized to license the respective sounds to the customer!
Licensing is granted by confirmation of the general terms and conditions by the customer, payment by the customer and the provision of the sounds for download (see §3 & §4 of these general terms and conditions).
This gives the customer a simple and non-exclusive right to use and exploit the respective sounds in their own musical or media projects.
This includes the right to edit, remix, transform, sample and combine the respective sounds with other audio content and elements, to synchronize them and to commercially exploit or have commercially exploited the resulting recordings as well as any compositions and/or texts on which they are based, in any format and in any way possible, for example by producing and distributing sound carriers in digital or physical form.
Excluded from this is an exploitation or resale or a further licensing of the individual sounds as such.
By acquiring the rights of use described above, however, the customer is not released from copyright claims by the authors of the respective sounds.
Regarding the copyright and the resulting necessary editing rights, the following cases are distinguished:
The Drum Kits are usually not copyrighted works.
They may be used in the musical or media works of the customer without further licensing or payment to HI-HAT HUSTLE’s licensors and may be published, distributed, performed or otherwise exploited as part of the customer’s works created from them.
A resale of the drum kits, in parts or as a whole, to third parties by the customer is prohibited!
The Sample Packs are copyrighted works (referred to as samples in the following section) of the respective authors.
Customer may use them in the respective musical or media works of customer. However, the publication, further distribution, performance or other exploitation of musical or media works containing these copyright-protected recordings requires a rights clearance.
HI-HAT HUSTLE is entitled to grant its customers the necessary editing rights to the copyrighted works of the respective CREATORS.
This is done by confirmation of these general terms and conditions by the customer, payment by the customer and the provision of the works for download. (see §5 of these general terms and conditions), as well as a copyright participation of CREATOR in the works created by the customer from the works of CREATOR.
The exact shares of the respective copyright participations to be granted to the respective CREATOR can be found here:
- Royalty-Share Agreement C.O.W.-Link
- Royalty-Share Agreement Tribez-Link
- Royalty Share Agreement Brenk Sinatra-Link
The customer must report CREATOR’s copyright participation in the works created by the customer from CREATOR’s samples to the appropriate copyright collecting society in the customer’s country (GEMA, SUISA, AKM etc.).
Resale of the Sample Packs as such, in parts or as a whole to third parties by the customer is prohibited!
When downloading the respective products, the customer receives a PDF document that explains in detail who the authors of the licensed sounds are and how the customer obtains the necessary editing rights.
§6 Cancellation Policy
Since the products according to these general terms and conditions (Drum Kits and Sample Packs) are digital goods and the technical functionality of our website does not allow a return after purchase, the customer waives the right of withdrawal by clicking on “Order and Pay” according to §356 BGB.
The Drum & Sample Kits are provided as audio files in a .WAV container. This data format is readable with all common DAWs (Digital Audio Workstations). However, HI-HAT HUSTLE does not guarantee compatibility with any hardware or software used by the customer.
§7 Other Provisions
These general terms and conditions and all legal transactions concluded via the website “www.hihathustle.com” shall be governed by German law with the exception of the UN Sales Convention CISG.
The European Commission provides a platform for extrajudicial online dispute resolution (OS platform), which can be accessed at www.ec.europa/consumers/odr. We are always endeavored to come to an amicable solution in case of a discrepancy arising from these general terms and conditions. Furthermore, we are neither obliged nor willing to participate in the dispute resolution procedure.
Status: September, 2020