Terms and Conditions

§1 Applicability

These terms and conditions are applicable to all deliveries and shipments between us and the contractual partner (mentioned as „customer“) in the valid version at the point in time of the order.


§2 Format/ Ordering/ Purchasing on our website

2.1 All instruments are made for use in the Native Instruments Sampler Kontakt and can NOT be played without it. To play these instruments completely and without any restrictions, the Kontakt full version 5.6.8 or higher is required.

2.2 Eligibility to order/purchase

Inside the EU zone - with the exception of the territory of Germany - our products are aimed and adressed exclusively to commercial customers which includes: entrepreneurs, companies, and other commecial organizations (B2B). Outside the EU zone everyone is qualified to order and purchase our products via this website (B2B/ B2C).

No order will be accepted until the customer have accepted these Terms & Conditions.

2.3 With whom is the Agreement concluded?

The following terms and conditions according to a conclusion of an contract apply to all orders via our webshop http://klang.cologne. In case of conclosion the contract becomes effective with:
Duerbeck und Dohmen GbR 'Klang/Cinematique Instruments', Johannisstr. 60, 50668 Cologne, Germany

2.4 How to order

The presentation of our products at our online shop are not a legally binding contract offer – it is only a non-binding invitation to the customer to order products. By ordering the desired products, the customer makes a binding offer to conclude the sales contract.

In order to place an order at our shop the following rules apply: The customer makes a binding offer and will run through our online shop ordering procedure, which is as follows:
* By clicking the button "add to cart", the product is added to cart
* Checking the information in cart
* Pressing the button "checkout"
* Enter your personal data and select the payment method via PayPal
* Binding submission of your order by clicking the "Agree and continue"
* After receiving the payment, we will send a link with the product download to the customer. This procedure acknowledges the receipt of your order and accept it.


§3 Prices, payment

All prices exclude the legal VAT. Additional VAT will be charged only for purchases inside the EU. The customer has the option of executing the payment via bank account or credit card. All payments will be processed by PayPal (Europe) S.à rl et Cie, S.C.A.(www.paypal.com).


§4 Delivery

Unless noted otherwise in the product description, all of our products are available for download. You will receive all necessary data within 24 hours by mail. The period starts by recieving the payment notifcation.
The risk of accidental loss of the sold goods will be transferred to the customer.


§5 Retention of Title

We reserve the ownership of the product until full payment of the purchase price.


§6 Withdrawal of the customer

According to article 16 of EU law, our goods are excluded from the right of withdrawal, since it is digital content which is not supplied on a tangible medium. Therefore, our products have been excluded from the exchange and return.


§7 Place of performance and jurisdiction

Only German law to the exclusion of the UN Sales Convention (CISG). The place of performance for all obligations including returns, shall be Cologne, Germany unless otherwise agreed.


§8 End User License Agreement (single user)

Licence Grant: The provided samples, instruments and presets can be used for commercial or non-commercial music-production, sound effects, audio/video post production, performance, broadcast or similar finished content creation and production use without the prior permission of Klang/ Cinematique Instruments under the terms of this agreement. The license for this product is granted only to a single user. Klang/ Cinematique Instruments allows you to use any of the sounds and samples in the libraries you have purchased for commercial recordings without paying any additional license fees or providing source attribution to Klang/ Cinematique Instruments. This license forbids any re-distribution method of this product, or its sounds, through any means, including but not limited to, re-sampling, mixing, processing, isolating, or embedding into software or hardware of any kind, for the purpose of rerecording or reproduction as part of any free or commercial library of musical and/or sound effect samples and/or articulations, or any form of musical sample or sound effect sample playback system or device. Licenses cannot be transferred to another entity, without the written consent of Klang/ Cinematique Instruments.

Legal:
Klang/ Cinematique Instruments retains full copyright privileges and complete ownership of all recorded sounds, instrument programming, documentation and musical performances included in this product.

Responsibilty:
Using this product and any supplied software is at the licensees own risk. Klang/ Cinematique Instruments holds no responsibility for any direct or indirect loss arising from any form of use of this product.



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Cologne/ Germany 2019-2020