General Terms and Conditions (Allgemeine Geschäftsbedingungen) for the use of the APEZ Audio website and the provision of software.
1. Scope and provider
These General Terms and Conditions (GTC) apply to all orders and downloads placed via this website between you and:
Alexander Zylla, Klapperstraße 57, 45277 Essen, Germany (“we”, “us”). Deviating terms of the customer do not apply unless we have expressly agreed to them in writing.
2. Subject matter
We provide audio software plugins (VST/AU/AAX) as digital downloads. Some products are offered free of charge, others may be subject to a charge. The specific characteristics and the price of each product result from the respective product description on this website.
3. Conclusion of contract
The presentation of products on the website does not constitute a binding offer but an invitation to place an order. By adding a product to the cart and completing the order (“Buy now” / “Download”), you submit a binding offer. The contract is concluded when we confirm the order, provide the download, or begin performance.
4. Prices and value added tax
The price stated on the respective product page at the time of the order applies. Prices are total prices. As we are a small business within the meaning of § 19 UStG (Kleinunternehmer), no value added tax is shown or charged.
5. Payment
For paid products, the payment methods offered during the checkout process apply. Payment is processed via the payment service provider(s) integrated in the shop. Unless otherwise agreed, the purchase price is due immediately upon conclusion of the contract. For products offered free of charge, no payment is required.
6. Delivery / provision of the download
Digital products are provided as a download after the order has been completed (and, for paid products, after receipt of payment where applicable), via a download link in your customer account or by email. You are responsible for ensuring that your system meets the technical requirements stated in the product description.
7. Licence to use the software
Upon provision of the software you receive a simple, non-exclusive, non-transferable right to install and use the software for your own purposes. Reverse engineering, redistribution, resale, sublicensing or making the software publicly available is not permitted unless mandatory law provides otherwise or we have expressly agreed. All intellectual property rights in the software remain with us or our licensors. [Adjust the licence scope – e.g. private vs. commercial use – to your intended terms.]
8. Right of withdrawal
If you are a consumer, you are entitled to a statutory right of withdrawal in accordance with our Right of Withdrawal policy. Please note the information provided there, in particular regarding the early expiry of the right of withdrawal for digital content.
9. Warranty and liability
The statutory warranty rights apply. For products provided free of charge, our liability for defects is limited to intent and gross negligence in accordance with §§ 521, 524 BGB (donation). In all other cases the following applies: we are liable without limitation for intent and gross negligence and in accordance with the Product Liability Act. In the case of a slightly negligent breach of a material contractual obligation (an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance you may regularly rely), our liability is limited to the foreseeable damage typical for this type of contract; otherwise liability for slight negligence is excluded.
10. Applicable law and place of jurisdiction
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice of law applies only insofar as it does not deprive you of the protection of the mandatory provisions of the law of your country of habitual residence. If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is our registered office.
11. Severability
Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected.
