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Terms of Sale and Product Licenses

Allgemeine Geschäftsbedingungen · For purchases from the alex pfeffer store

1. Scope and provider

These terms apply to all purchases made through the alex pfeffer store at https://store.alexpfeffer.com (the "Store"). The product licenses in Sections 6 and 6a also apply to free software and sample libraries obtained from the Store. The Store is operated by:

Alex PfefferBuchwaldstieg 1022149 HamburgGermany

Email: alex@alexpfeffer.com

Our order process is conducted by our online reseller Paddle.com Market Limited, Judd House, 18-29 Mora Street, London EC1V 8BT, United Kingdom ("Paddle"). Paddle is the merchant of record for all our orders: your contract of sale for the product is concluded with Paddle, which charges you, issues the invoice, collects any applicable VAT and handles refunds. Paddle's buyer terms apply to that purchase: https://www.paddle.com/legal/checkout-buyer-terms. The software license in Section 6 is granted to you by Alex Pfeffer, and Alex Pfeffer provides product support.

A "consumer" is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (Section 13 BGB). A "business customer" is a natural or legal person acting in the exercise of their trade, business or profession (Section 14 BGB). Unless stated otherwise, these terms apply to both.

2. Products

The Store provides downloadable audio software and sample libraries, including Themis Audio Player, TYDE, Sick Beats and Glass Particles. Each product page states its price or free availability, contents, supported platforms and requirements.

Products are delivered as digital content. No physical media is shipped. Screenshots and descriptions show the product version indicated on the product page; later versions may differ in appearance.

3. How a contract is concluded

The presentation of products in the Store is not a binding offer. It is an invitation to you to place an order.

By clicking the order button at the end of the checkout process (labelled "Buy now" or similar), you submit a binding offer to buy the products in your cart. Before you click it, you can review and correct your entries. We confirm receipt of your order by email immediately.

The contract is concluded when we send you an order confirmation containing your download access by email, at the latest when the download is made available to you.

The contract language is English. We store the text of the contract and send it to you together with these terms in the order confirmation. You can also read the current terms at any time on this page.

4. Prices and payment

Store prices are listed in US dollars (USD). Paddle confirms the final amount and checkout currency before payment. For consumers in the European Union, prices include the value added tax applicable in your country, which is calculated at checkout from your billing address. For customers outside the EU, local taxes or duties may apply and are your responsibility unless collected at checkout.

The payment methods available to you are shown at checkout. Payment is due when the order is placed. Payment details are entered directly with Paddle and are never stored by us. Paddle sends you the invoice for your purchase.

5. Delivery and download access

After successful payment we send an order confirmation to the email address you provided, containing your license key where the product uses one and the way to your download. You can retrieve your purchases at any time through the "Get my downloads" function of the Store by entering your email address and following the one-time sign-in link we send to it.

Please keep a personal backup of downloaded files. We provide download access for as long as the Store exists, but we cannot guarantee availability indefinitely. If a product is discontinued, we will make the last released version available for at least twelve months after the announcement.

6. Software license

Upon full payment, or upon obtaining a free software download from the Store, Alex Pfeffer grants you a non-exclusive, perpetual license to install and use that software on the computers you personally use, for your own private or professional audio work, including commercial productions you create with it.

You may make backup copies for your own use. You may transfer your license as a whole to another person, provided that you delete all your copies, stop using the software, and the recipient accepts these terms. Beyond that, you may not sell, rent, lend, sublicense or otherwise make the software available to third parties.

You may not decompile, reverse engineer or modify the software except to the extent that Sections 69d and 69e UrhG (German Copyright Act) expressly permit it. You may not remove copyright notices or circumvent technical protection measures.

The software remains the intellectual property of the provider. Session files and audio files you create or process with the software are yours.

6a. Sample library license

You may use all sample libraries obtained from the Store, including free libraries, in your own music and audio productions for personal or commercial purposes. You may edit and mix the sounds and distribute the resulting productions.

Sample redistribution and resale are prohibited. You may not share, distribute, sell, rent or sublicense the sample files as standalone sounds or as part of a sample library, sound pack or similar product, whether the samples are unchanged or modified. This restriction applies to the samples themselves; finished music and audio productions can be distributed commercially.

You may keep backup copies for your own use. Copyright in the original samples remains with their respective owners.

7. Updates

For consumers, we provide the updates that are necessary to keep the software in conformity with the contract, including security updates, for the period you can reasonably expect given the type and purpose of the product (Section 327f BGB). We inform you about such updates by email or on the product page. If you do not install an update we have provided and explained, we are not liable for defects that result solely from the missing update.

Updates that add new features, and new major versions, may be offered at our discretion and may be subject to a separate charge. Your purchased version remains usable under this license.

8. Right of withdrawal for consumers

Consumers have the following statutory right of withdrawal. Note the paragraph on premature expiry: because you receive digital content immediately, your right of withdrawal expires as soon as the download begins with your express consent. Because Paddle is the merchant of record, you can address a withdrawal or refund request either to us at the address below or directly to Paddle; reimbursements are carried out by Paddle.

9. Warranty

The statutory warranty rights apply. For consumers, the rules for digital products in Sections 327 et seq. BGB apply, including our obligation to provide the software free of defects and to provide the updates described above. If the software is defective, you can demand that we bring it into conformity; if that fails, is refused or is unreasonable, you can reduce the price or terminate the contract.

For business customers, the limitation period for warranty claims is one year from delivery. This shortening does not apply to claims for damages that fall under Section 10 or to defects we fraudulently concealed.

Measurements displayed by the software, such as loudness, true peak and spectrum readings, are provided to support your own listening decisions. They are not certified measuring instruments and do not constitute a guarantee that a file complies with any broadcast or delivery specification.

10. Liability

We are liable without limitation for damages caused intentionally or by gross negligence, for injury to life, body or health, under the German Product Liability Act, and to the extent we have given a guarantee.

In cases of slight negligence, we are liable only for the breach of an essential contractual obligation, that is, an obligation whose fulfilment makes the proper performance of the contract possible at all and on whose fulfilment you may regularly rely. In that case, our liability is limited to the damage that is foreseeable and typical for this kind of contract.

Any further liability is excluded. This does not affect the statutory rights of consumers.

Please keep backups of your audio files and sessions. The software does not modify your source audio files, but we cannot be responsible for data loss caused by other software, hardware failure or user error.

11. 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 with your habitual residence in another country, you additionally enjoy the protection of the mandatory provisions of the law of that country.

For business customers, the exclusive place of jurisdiction for all disputes arising from this contract is Hamburg, Germany.

12. Dispute resolution

We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (Section 36 VSBG). If you have a problem with your purchase, please contact us by email first; we will try to find a solution directly with you.

13. Final provisions

Should individual provisions of these terms be or become invalid, the validity of the remaining provisions is not affected. Changes to these terms apply only to purchases made after the change; the terms in force at the time of your order apply to that order.

Questions about these terms: alex@alexpfeffer.com