Terms of Service

General terms and conditions with customer information
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Table of contents
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1. scope of application
2. conclusion of contract
3. right of withdrawal
4. prices and terms of payment
5. delivery and shipping conditions
6. retention of title
7. liability for defects (warranty)
8. applicable law
9. alternative dispute resolution
10. guidelines for clients and contractors
11. revisions and changes to completed projects

1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Steffen Flemming, trading as “Steffen Flemming” (hereinafter referred to as “Seller”), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as “Customer”) with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.

2) Conclusion of contract
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The customer can submit the offer via the online order form integrated in the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping basket and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button that concludes the ordering process.
2.3 The Seller may accept the Customer’s offer within five days,
– by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer shall be decisive, or
– by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, or
– by requesting payment from the customer after the customer has placed the order.
If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
2.4 If the customer chooses a payment method offered by PayPal, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – subject to the Terms and Conditions for Payments without a PayPal Account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer’s offer at the time the customer clicks the button that completes the ordering process.

2.5 When submitting an offer via the Seller’s online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer’s order has been sent. The Seller shall not make the text of the contract accessible beyond this. If the customer has set up a user account in the Seller’s online shop before sending his order, the order data will be archived on the Seller’s website and can be accessed by the customer free of charge via his password-protected user account by providing the relevant login data.
2.6 Before bindingly placing the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button which completes the ordering process.
2.7 The German and English languages are available for the conclusion of the contract.
2.8 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller’s instructions on withdrawal.

4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.
4.2 The customer will be informed of the payment option(s) in the Seller’s online shop.
4.3 If a payment method offered via the “Stripe” payment service is selected, the payment will be processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Stripe will be communicated to the customer in the seller’s online shop. Stripe may use other payment services for the processing of payments, for which special payment conditions may apply, to which the customer may be informed separately. Further information on Stripe is available on the Internet at https://stripe.com/de.

5) Delivery and shipping conditions
5.1 If the Seller offers to ship the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified in the Seller’s order processing shall be decisive in the processing of the transaction.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This shall not apply with regard to the costs for the return shipment if the customer effectively exercises his right of revocation. In the event of an effective exercise of the right of revocation by the customer, the provision made in the seller’s revocation instructions shall apply to the costs of returning the goods.

5.3 If the customer is acting as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the goods to the forwarding agent, the carrier or any other person or institution designated to carry out the shipment. If the customer is acting as a consumer, the risk of accidental loss and accidental deterioration of the goods sold shall in principle only pass to the customer or a person authorised to receive the goods when the goods are handed over to the customer. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the goods sold shall pass to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the customer commissions the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has, with due diligence, concluded a specific covering transaction with the supplier. The seller shall make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.
5.5 Self-collection is not possible for logistical reasons.

6) Retention of title
If the seller makes advance performance, he shall retain title to the delivered goods until the purchase price owed has been paid in full.

7) Liability for defects (warranty)
7.1 Unless otherwise stipulated in the following provisions, the provisions of the statutory liability for defects shall apply. This does not apply to contracts for the delivery of goods:
7.2 If the customer is acting as an entrepreneur,
– the seller has the choice of the type of subsequent performance;
– in the case of new goods, the limitation period for defects shall be one year from delivery of the goods;
– in the case of used goods, the rights and claims for defects are excluded;
– the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.
7.3 The above-mentioned limitations of liability and shortening of the period shall not apply to
– to claims for damages and reimbursement of expenses of the customer,
– in the event that the Seller has fraudulently concealed the defect,
– for goods which have been used in accordance with their customary use for a building and have caused its defectiveness,
– for any existing obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any statutory recourse claim that may exist shall remain unaffected.
7.5 If the customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), he shall be subject to the commercial duty of inspection and notification of defects pursuant to § 377 of the German Commercial Code (HGB). If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed to have been approved.
7.6 If the customer is acting as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer does not comply with this, this shall have no effect on his statutory or contractual claims for defects.

8) Applicable law
All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

9) Alternative dispute resolution
9.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr.
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
9.2 The Seller is not obliged to participate in a dispute resolution procedure before a consumer arbitration board, but is prepared to do so.

10) Guidelines for Clients and Contractors
10.1 The client is fully liable for all services, deliveries, returns, and invoice amounts, even if the invoice is issued to a third party at the client’s request. The contractor is not obligated to verify the authority of the intermediary transmitting the order.
10.2 The client is responsible for verifying the accuracy of all services provided. Failure to verify on the part of the client releases the contractor from any liability for resulting damages.
10.3 If protected works, music, or language are used within the orders at the client’s request, it is the client’s responsibility to clear all possible third-party rights. The contractor is not obliged to verify this. If there is a violation of legal provisions, the client is liable for all resulting disadvantages or damages.
10.4 states that mediating activities such as receiving and delivering shipments to and from copying plants, post and railway expeditions, and arranging speakers and performers will always be carried out on behalf of and at the expense of the client, even if the contractor does not expressly state this. The contractor assumes no liability or warranty for such mediating activities.
10.5 states that delivery times for processing and production processes are made to the best of the contractor’s knowledge and conscience but without guarantee. The contractor assumes no liability for delays caused by external service companies, copying plants, etc.
10.6 regulates that the contractor is only liable for delays caused by the contractor’s own fault during a processing or production process up to the amount of the self-performance caused by the delay. External services and indirect damages are not included in the liability.
10.7 states that the contractor is generally not responsible for the quality, punctuality, and costs of external services that may be required during the course of an order, i.e. services that cannot be carried out with the contractor’s own equipment and personnel.
10.8 Upon completion of the work, the contractor will make the finished product available for download. The material can be downloaded during a 14-day period.
10.9 The guidelines for the client include the obligation to represent the interests of the contractor and to speak publicly about them only with their consent. The client is not allowed to discredit the contractor and must name them and give credits in all production-related postings on social networks or when uploading to various streaming portals. Maintaining confidentiality towards third parties is also required. In case of violations of these guidelines, a contractual penalty will be imposed and the contractor has the right to withdraw from the contract, with all resulting damages to be borne by the client.

11) Revisions and Changes to Completed Projects
After completion of a project or the delivery of a preliminary version, the client has 7 working days to express any desired changes. If these changes fall within the scope of the project and were not previously known, three free revisions are available for all mastering services, provided they do not require a complete rework of the project. The exchange of mastering files by the client (e.g. due to errors in the mix) is always chargeable, as the entire process must be restarted. For recording, mixing, editing, or tuning services, changes are billed according to our current hourly rate, based on a time protocol.
Any changes requested by the client outside of this 7-day revision period are chargeable. The same applies to revisions beyond the third free revision, which will be billed according to the current hourly rate. This deadline does not apply to albums or projects with multiple songs.