These Terms of Sale govern all purchases of digital music products (including single tracks and albums) made via the online shop operated by Marco Herbert. By placing an order, you agree to be bound by these Terms of Sale in the version applicable at the time of your order.
Your contractual partner is:
Marco Herbert
Email: info@marcoherbert.de
Further legal information (including address and provider identification) is available in the Imprint.
Your contractual partner is:
Marco Herbert
Email: info@marcoherbert.de
Further legal information (including address and provider identification) is available in the Imprint.
(1) The product presentations in the shop do not constitute binding offers, but invitations to place an order.
(2) By completing the ordering process and clicking the purchase button, you submit a binding offer to conclude a contract for the selected digital products.
(3) The contract is concluded when you receive an order confirmation by email or when the download is made available to you, whichever occurs first.
(4) You are responsible for checking your order details for accuracy before submitting the order and for ensuring that you can receive emails from the shop (for example, by checking spam filters).
(2) By completing the ordering process and clicking the purchase button, you submit a binding offer to conclude a contract for the selected digital products.
(3) The contract is concluded when you receive an order confirmation by email or when the download is made available to you, whichever occurs first.
(4) You are responsible for checking your order details for accuracy before submitting the order and for ensuring that you can receive emails from the shop (for example, by checking spam filters).
| Topic | Details |
|---|---|
| Prices | Product prices are shown in euro (EUR) and are final prices including any applicable taxes, unless explicitly stated otherwise at checkout. |
| Currency | All payments are processed in euro (EUR). If your bank or payment provider uses a different currency, conversion fees or rate differences may apply and are your responsibility. |
| Payment methods | The payment methods available (for example, credit card, PayPal or others) are listed during checkout. The selection may vary by country and technical availability. |
| Due date | The purchase price is due immediately upon conclusion of the contract. Access to downloads is granted only after successful payment authorisation. |
| Invoices | You receive an electronic confirmation of your purchase. If you require a formal invoice, you may request it by email, providing all necessary billing details. |
(1) The products offered are digital downloads (for example, WAV files or ZIP archives). No physical goods are shipped.
(2) After successful payment, you receive download information, typically via email and/or on the confirmation page.
(3) Download links are usually available for a reasonable period of time. You should download and securely store the files promptly. Continued availability of download links cannot be guaranteed indefinitely.
(4) You are responsible for ensuring that you have suitable hardware, software and internet access to download and use the files (for example, sufficient storage space and compatible playback software).
(2) After successful payment, you receive download information, typically via email and/or on the confirmation page.
(3) Download links are usually available for a reasonable period of time. You should download and securely store the files promptly. Continued availability of download links cannot be guaranteed indefinitely.
(4) You are responsible for ensuring that you have suitable hardware, software and internet access to download and use the files (for example, sufficient storage space and compatible playback software).
(1) Unless expressly agreed otherwise in writing, purchases of single tracks and albums grant you a non-exclusive, non-transferable right to use the files for private listening only.
(2) Any use of the music in films, games, trailers, podcasts, advertising, live events, social media content or other audiovisual or commercial contexts requires a separate licence agreement.
(3) You may not resell, redistribute, upload or make the files publicly available, whether in original or modified form, except where explicitly permitted in a separate licence.
(4) All rights not expressly granted remain with the author, Marco Herbert. If you are interested in bespoke licensing (for example, for a specific project or broader usage), please get in touch via the Contact page.
(2) Any use of the music in films, games, trailers, podcasts, advertising, live events, social media content or other audiovisual or commercial contexts requires a separate licence agreement.
(3) You may not resell, redistribute, upload or make the files publicly available, whether in original or modified form, except where explicitly permitted in a separate licence.
(4) All rights not expressly granted remain with the author, Marco Herbert. If you are interested in bespoke licensing (for example, for a specific project or broader usage), please get in touch via the Contact page.
(1) If you are a consumer within the meaning of EU law, you may generally have a statutory right of withdrawal for distance contracts.
(2) For digital content that is not supplied on a physical medium, this right of withdrawal can expire early once the download or streaming has begun, provided that you have expressly agreed to the early performance of the contract and acknowledged the loss of the withdrawal right.
(3) During the ordering process, you may therefore be asked to give such consent before accessing your downloads. If you do not provide this consent, delivery of the digital content may be postponed until the withdrawal period has expired.
(4) Any specific instructions on the right of withdrawal (if applicable) are provided separately in accordance with the relevant legal requirements.
(2) For digital content that is not supplied on a physical medium, this right of withdrawal can expire early once the download or streaming has begun, provided that you have expressly agreed to the early performance of the contract and acknowledged the loss of the withdrawal right.
(3) During the ordering process, you may therefore be asked to give such consent before accessing your downloads. If you do not provide this consent, delivery of the digital content may be postponed until the withdrawal period has expired.
(4) Any specific instructions on the right of withdrawal (if applicable) are provided separately in accordance with the relevant legal requirements.
(1) Due to the nature of digital downloads, refunds are generally not granted once the files have been successfully provided, unless there is a statutory right to a refund or a defect that cannot be remedied.
(2) If a file is technically defective (for example, incomplete download, file corruption or incorrect product), please contact me promptly with your order details and a description of the issue.
(3) I will first attempt to remedy the problem, for example by providing a new download link or a corrected file. If this is not possible within a reasonable period, you may be entitled to a refund in accordance with applicable law.
(4) Complaints regarding billing or unauthorised transactions should also be reported without undue delay so they can be reviewed together with your payment provider if necessary.
(2) If a file is technically defective (for example, incomplete download, file corruption or incorrect product), please contact me promptly with your order details and a description of the issue.
(3) I will first attempt to remedy the problem, for example by providing a new download link or a corrected file. If this is not possible within a reasonable period, you may be entitled to a refund in accordance with applicable law.
(4) Complaints regarding billing or unauthorised transactions should also be reported without undue delay so they can be reviewed together with your payment provider if necessary.
(1) You must provide accurate and complete information during the ordering process and, where applicable, keep your account details up to date.
(2) If user accounts are used, you are responsible for keeping your login credentials confidential and for restricting access to your devices. You are liable for all activities that occur under your account, unless you are not responsible for the misuse.
(3) You agree to respect applicable copyright laws and these Terms of Sale, and to refrain from any unauthorised copying, sharing or public communication of the purchased content.
(4) You must take reasonable precautions to protect the downloaded files against loss, damage or unauthorised access (for example, by making backups and using secure storage).
(2) If user accounts are used, you are responsible for keeping your login credentials confidential and for restricting access to your devices. You are liable for all activities that occur under your account, unless you are not responsible for the misuse.
(3) You agree to respect applicable copyright laws and these Terms of Sale, and to refrain from any unauthorised copying, sharing or public communication of the purchased content.
(4) You must take reasonable precautions to protect the downloaded files against loss, damage or unauthorised access (for example, by making backups and using secure storage).
(1) Statutory warranty rights apply to the extent required by law. If a digital product is defective, you are entitled to the legally provided remedies.
(2) Claims for damages are limited as follows: I am liable without limitation for intent and gross negligence as well as for injury to life, body or health. In cases of slight negligence, I am only liable for breaches of essential contractual obligations (cardinal duties). In such cases, liability is limited to the foreseeable damage typical for this type of contract.
(3) Any further liability is excluded, unless mandatory statutory provisions (for example, product liability law) provide otherwise.
(4) The above limitations of liability also apply in favour of any legal representatives and agents used in the performance of the contract.
(2) Claims for damages are limited as follows: I am liable without limitation for intent and gross negligence as well as for injury to life, body or health. In cases of slight negligence, I am only liable for breaches of essential contractual obligations (cardinal duties). In such cases, liability is limited to the foreseeable damage typical for this type of contract.
(3) Any further liability is excluded, unless mandatory statutory provisions (for example, product liability law) provide otherwise.
(4) The above limitations of liability also apply in favour of any legal representatives and agents used in the performance of the contract.
(1) These Terms of Sale and all contracts concluded under them are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising out of or in connection with this contract is the competent court at my place of business. The same applies if you do not have a general place of jurisdiction within the European Union.
(3) Mandatory consumer protection rules and any more favourable provisions of the law of your country of residence remain unaffected.
(2) If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising out of or in connection with this contract is the competent court at my place of business. The same applies if you do not have a general place of jurisdiction within the European Union.
(3) Mandatory consumer protection rules and any more favourable provisions of the law of your country of residence remain unaffected.
These Terms of Sale form part of the overall legal framework for using this website and shop. Please also review the following documents, which apply in addition to the above provisions and provide further details on data protection and provider identification.