General Terms of Sale

§ 1
Introduction – Applicability – Definitions

1. Our Terms of Sale apply to all our offers for downloading or streaming of digital products.
2. Consumer within the meaning of § 13 BGB is every natural person who enters into a legal transaction for purposes which cannot be attributed to their trade, business or profession.
3. Entrepreneur within the meaning of § 14 BGB is a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of their trade, business or profession.

§ 2
Offer – Conclusion of Contract

1. The sales contract will be concluded with Johann Kristin Köhnen und Fabian Matzen GBR soundandgo, Legienstraße 12, 51063 Köln, Germany.
2. The contract can be concluded on our website.
3. The customer may first place the digital products into the shopping cart without commitment and provide their information for the conclusion of the contract. The customer may change the products in the shopping cart and their information at any time by using the provided navigational buttons.
4. If a contract is concluded on our website, the customer makes a binding offer to enter into a contract by clicking on the “Pay Now“ or a similar button on our website. The contract is then concluded by us making the download available; at the same time, the customer will receive an e-mail with these Terms and Conditions and the cancellation instructions attached in text form.
5. The contractual language is German.
6. We will keep and store a written contract. We will not store contracts concluded on our website.

§ 3
Prices – Payment Terms – Payment Methods

1. Unless otherwise agreed, all prices include VAT.
2. If the customer is in default with the payment, we have the statutory rights, especially those pursuant to § 288 BGB. Customers are advised that they will be in default of payment no later than 30 days after receiving the invoice.
3. The customer may choose between the following payment methods:

• PayPal, in which case the payment will be made according to the agreement between the customer and PayPal; further information can be found in the terms and conditions of PayPal.
• Apple Pay, in which case the payment will be made according to the agreement between the customer and Apple Pay; further information can be found in the terms and conditions of Apple Pay.
• Google Pay, in which case the payment will be made according to the agreement between the customer and Google Pay; further information can be found in the terms and conditions of Google Pay.
• Credit card, in which case the billing will occur after we will have accepted the contract.
• Immediate bank transfer, in which case the transfer will be made to our account immediately. In this case, customers require the same data as for their online banking. The details will be provided in the dialogue for carrying out the immediate bank transfer.

1. If a return debit by the customer causes fees, the customer has to pay these fees if the customer bears the responsibility for it, meaning that it was not justified.

§ 4
Delivery

(1) The contractual products will be made available to the customer for downloading in the format indicated on the website.

(2) If the download does not work, we ask you to contact us via the contact form on the contact page or write us an email at the address provided on the contact page.

(3) The digital products will be stored on our outbound server in the file format presented by us and will be made ready to be downloaded or will be streamed from our outbound server. It’s up to the customers to retrieve the digital products from our outbound server in the file format offered by us; we are not liable for the customer’s or the general internet.

§ 5
Cancellation – Cancellation Form

(1) Consumers within the meaning of § 13 BGB have a right of cancellation. Consumer is every natural person who enters into a legal transaction for purposes which cannot be attributed to their trade, business or profession.

(2) Please note: If you have asked us to provide the services immediately and we have informed you that this voids the right of cancellation, the subsequent right of cancellation will become void as soon as you have access to the download.

Right of Cancellation

You have the right to withdraw from this contract within fourteen days without providing reasons. The 14 days are counted from the day of the conclusion of the contract.

To exercise the right of cancellation, you must inform us, Johann Kristin Köhnen und Fabian Matzen GBR soundandgo, Legienstraße 12 51063 Köln, Germany, e-mail: info@ssoundandgo.com, unequivocally about the decision to withdraw from this contract (for example by letter or e-mail). For that purpose, you may but don’t have to use the attached standard withdrawal form.

The cancellation notice is deemed to have been issued in due time if you mail off the notice about exercising the right to withdrawal before the end of the deadline.

Consequences of the cancellation

If you withdraw from this contract, we must refund all payments, which we have received from you, without delay and no later than fourteen days from the day on which we have received the cancellation notice for this contract. For the refund, we will use the same payment method that you used for the original transaction, unless otherwise and explicitly agreed with you. In neither case will we charge you any fees in connection with this refund. 

Standard withdrawal form

(If you want to withdraw from this contract, please fill out this form and send it back to us.)

• To Johann Kristin Köhnen und Fabian Matzen GBR soundandgo, Legienstraße 12 51063 Köln, Germany, e-mail: info@ssoundandgo.com
• Hereby I/we (*) withdraw from the contract that I/we (*) have concluded for the purchase of the following products
• Ordered on (*) / received on (*)
• Name of the customer(s)
• Address of the customer(s)
• Signature of the customer(s) (Only for written notifications)
• Date

(*) Please cross of what is not applicable. 

§ 6
Rights in Case of Defects – Statute of Limitations

1. We shall be liable for defects in accordance with the statutory law on liability for defects.

§ 7
Licenses

(1) Customers receive a simple license to use the contractual products for the contractual purpose.

This includes processing and connecting the digital product with other works and using the outcome for private and commercial purposes. Customers do not have the right to copy or distribute the product before their own processing.

(2) Customers have no obligation to mention the owner of the copyright, but shall not pretend that they created the digital product themselves.

§ 8
Data Protection

(1) For the contract, contractual data are collected in accordance with Art. 6 para. 1 (b) GDPR (for example name, address and e-mail address, possibly also services used and all other electronically or for the purpose of storage transmitted data, which are required for the performance of the contract), insofar as they are required for the conclusion, negotiation or amendment of a contract.

(2) The contractual data will only be passed on to third parties insofar as it is necessary to perform the contract (in accordance with Art. 6 para. 1 (b) GDPR), for the overwhelming interest in an effective performance (in accordance with Art. 6 para. 1 (f) GDPR) or if consent has been given (in accordance with Art. 6 para. 1 (a) GDPR) or if there is another statutory permission. The data will not be passed on to a country outside of the EU, unless the EU Commission has determined a similar level of data protection as in the EU, consent has been provided or standard contractual provisions have been agreed with the third-party provider.

(3) Concerned individuals may at any time and free of charge request information about the personal data stored about them. They may at any time request that incorrect data be corrected (also by way of adding information) as well as the limitation of the processing of their data, or even the deletion of their data. This applies in particular if the reason for the data processing no longer exists, if a required consent has been withdrawn and there is no other legal basis, or if the data processing is illegal. The personal data will then be corrected, blocked or deleted without delay and according to statutory requirements. It is always possible to withdraw the consent for the processing of personal data which had been given previously. This may be done without any formal requirements, for example by e-mail. The withdrawal has no effect on the legality of the data processing carried out up to that point. There is a right to request the transfer of the contractual data in machine-readable form. In the case of a suspected violation of rights by the data processing, a complaint may be filed with the competent supervisory authority.

(4) The data will generally only remain stored as long as the purpose of the respective data processing calls for it. Storage beyond that time is possible if it is necessary to pursue legal claims or for legitimate interests or in cases of a statutory obligation to store the data for longer (for example tax-law requirements to maintain records, statute of limitations).

§ 9
Disputes – Dispute Resolution

1. Online dispute resolution in accordance with Art. 14 para. 1 ODR Regulation: The European Commission provides a platform for online dispute resolution (ODR), which you can find at http://ec.europa.eu/consumers/odr/ .
2. If the customer is an entrepreneur, jurisdiction lies with the court at our registered seat of business. We do however also have the right to sue customers at the court in whose district their domicile or business address is.