Terms & Conditions
1. General Terms and Conditions
1.1. The General Terms and Conditions for the Use of Virtual Instruments (hereinafter referred to as “msoundinstruments”) apply to all our online deliveries and services, if the contract is concluded through our online shop https://www.msoundinstruments.com. In particular, these virtual music products, virtual instruments (“Products”) that are located on the website www.msoundinstruments.com. In order for you to be able to use these virtual instruments and to have a licensed right to use our virtual instrument software packages, separate terms and conditions apply.
1.2. Deviations, or objections or additional terms and conditions from the customers are not binding on us, unless we have agreed jointly in a separate agreement.
2. Registration of a user account / processing of your personal data
2.1. The customer has the option to register on www.msoundinstruments.com and create a user account. As a registered user, the customer can log in to his user account using his e-mail address and the password chosen during registration. Registration in itself does not constitute any obligation to purchase. Information on the processing of customer data can be found in the privacy information section.
2.2. The customer must take the necessary precautions to prevent the use of his access data by unauthorized persons. In particular, the customer will implement appropriate protective measures (e.g. password strength, passwords on his computers, burglary protection) to ensure that no unauthorized third party can access his user account using his access data. The customer will immediately inform us if there is any suspicion that the access data and/or passwords may have become known to unauthorized persons.
2.3. For the restriction, suspension and/or termination of the user account agreement, section ----- applies.
3. Offer and conclusion of the contract / contract language / storage of contractual provisions
3.1. The presentation of goods and services in our online store does not constitute a legally binding offer, but only an invitation to order or purchase a product.
3.2. By clicking on the "Buy Now" button in the last step of the ordering process, the customer submits a binding offer to order the services shown in the order overview. The customer is obliged to pay for his order within the agreed period of 3 days. Immediately after placing the order, the customer receives an order confirmation. A contract between the customer and us is concluded as soon as we accept the order by e-mail.
After the customer has paid for the order and the funds have been transferred to our bank account, we will process the order to the customer, in particular we will send an e-mail with a link with an offer to download the product from our product database.
3.3. The language of this agreement is English and Macedonian depending on the customer's choice, i.e. in which language he accesses the website www.msoundinstruments.com.
3.4. The contractual provisions with details of the ordered products will be sent to the client by e-mail after acceptance of the contract offer or after notification thereof.
4. Prices / Invoicing
4.1. The prices are stated in euros, with calculated VAT or value added tax, customs duties, fees, postage and other public charges are determined additionally depending on the product that is the subject of the purchase.
4.2. The invoice will be delivered to you via e-mail and to the address that you specify for that purpose. If the costs of delivering the invoice to the client exceed the standard prices valid in the Republic of Macedonia, the invoice can be collected in person from our offices.
5. Payment Terms / Default of Payment / Set-off and Retention
5.1. Unless otherwise agreed, the purchase price or compensation must be paid no later than 3 calendar days from the invoicing.
5.2. After the payment deadline, if the customer does not pay the funds to the specified bank account, the order or the executed transaction will be canceled.
6. Delivery
6.1. The products are offered for download in digital form. The download will be available to the customer in his user account after confirmation of the order and complete payment to the bank account. The download is made available to the customer in the format of a collection of samples for the application / Kontakt. The source code is not provided. The file is saved on the customer's computer during the download.
6.2. The customer is obliged to perform the download within 4 weeks after receiving the link to download the product.
6.3. The customer is advised that the products can only be used with the software players specified in the ordering process (e.g. KONTAKT Player or other specified software player, etc.).
6.4. If the customer deletes his/her user account, the customer will no longer be able to download the products. We therefore strongly recommend that you create backup copies of the products.
6.5. If the customer is unable to download the desired product for technical reasons, this must be reported to us immediately. We will then endeavour to make the product available to the customer by other means within a reasonable period of time.
7. Customer Obligations
7.1. To avoid hearing damage due to any errors in the customer's hardware and/or software environment, the customer must listen to the products completely at low volume before playing them for the first time. In the event of changes to the customer's system environment, e.g. new hardware or software (especially new operating systems, digital audio workstations), the customer must repeat this process.
7.2. The customer is obliged to make backup copies of the purchased products after downloading.
8. Rights to use the products
8.1. Upon full payment of the purchase price, we grant the customer a non-exclusive right to use the purchased software product, unlimited in time and territory. Unless otherwise stated during the ordering process, the use of the products is only possible with the current "Native Instruments KONTAKT Player" at the time of purchase.
8.2. The customer has the right to listen to the purchased product and use it for music composition and audio productions and to license the results of his work to third parties within the framework of this agreement. In no case is the customer entitled to resell, rent or otherwise sublicense the product or parts thereof, unless they are work results within the meaning of the previous sentence, to reproduce them publicly by wire or wireless means or to make them available to third parties for payment or free of charge, e.g. by providing an application service or as "software as a service" or to use them for training artificial intelligence (see section 9). In particular, the use of the Products or any part thereof to create a sound library, virtual instrument, any type of synthesizer, sample library, sample-based products, or other musical instruments is prohibited. Individual samples, sound sets, or audio loops may not be distributed except in the context of the work results. Furthermore, these samples, sound sets, or audio content may not be repackaged in whole or in part as audio samples, sound libraries, or sound effects.
8.3. Copyright notices, serial numbers, and other features used to identify the Product may not be altered or removed from the Products.
9. Reservation or prohibition of use of the instrument in connection with digital text and sound and data mining and artificial intelligence training.
The use of reproductions of works and services protected by copyright or related rights for digital text and sound data mining and artificial intelligence training is reserved and is not permitted without our consent. This applies in particular to the use of our products and their parts.
10. Warranty for defects
10.1. If the customer is a consumer, the statutory warranty rights for defects apply with the proviso that compensation for wasted costs and damages is only awarded within the scope of section 11.
11. Liability
11.1. We will not be liable for loss of data, in particular audio files, to the extent that the damage is due to the customer's failure to comply with its obligation under Section 7.2 to make backup copies of the data and thereby ensure that the lost data can be restored from the backup copies made by it.
12. Restriction, suspension and termination of the user account / Complaints management
12.1. We may at any time, by legal notice to the customer, restrict, suspend or terminate access to his user account in whole or in part with a notice period of 30 days, if despite warning the customer persistently or seriously breaches his obligations under the law and/or under these of msoundinstruments.com.
12.2. We may also, at our reasonable discretion, terminate the user account for business reasons. In these cases, a notice period of 3 months applies.