Terms of service
General Terms and Conditions and Customer Information
- General Terms and Conditions
1 Basic provisions
(1) The following terms and conditions apply to contracts that you, as an entrepreneur or as a consumer (customer), conclude with us as a provider (Platinum Sound Studio GbR, Worringer Strasse 60, 40211 Düsseldorf, Germany) via means of distance communication or via the website www.platinumsound.de, unless an amendment is agreed upon in writing between the parties. Deviating or conflicting terms and conditions are only effective with our express consent.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
2 Subject Matter of the Agreement; Essential Characteristics of the Service
(1) The subject of the contract is the provision of services in the form of processing and refining audio material within the scope of mixing, mastering and the creation of commissioned productions.
(2) The essential features of the service can be found in the respective offer on our website or result from the individual service description.
3 Conclusion of the contract for the commissioning of services
(1) The placement of the respective product on our website does not constitute a binding offer to conclude a contract.
(2) Upon request, we will provide you with an individual offer, which will be sent to you in text form and to which we are bound for 14 days (unless a different period is specified in the respective offer). You accept the offer with confirmation in text form.
(3) The processing of the order and transmission of all information required in connection with the conclusion of the contract shall be carried out by e-mail, in part automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
4 Performance of Services; Subcontractors
(1) Insofar as services are the subject matter of the contract, we shall owe the services resulting from the service description of the respective offer.
(2) Unless otherwise agreed, the services shall be provided within the periods agreed in the offer. The deadlines begin with the transmission of the audio files to be provided by the customer as well as the complete payment of the fees incurred. The audio file shall be provided in the format designated in the offer.
(3) After the end of the processing, we will provide you with an audio sample of the mixed and/or mastered audio files for the target medium designated in the offer in full quality.
(4) The transfer of the audio files to us and to the customer takes place via our web transfer access. Should technical difficulties arise here, we are to be informed immediately in order to eliminate them or to be able to agree on another type of transfer with you.
(5) You have the option of commissioning a free revision within 48 hours of the audio sample being made available. After this period has expired or after a revision has been carried out, any further change or editing request will be subject to a charge and will be regarded as a new order.
(6) We shall be entitled to engage third parties (subcontractors) for the performance of services. We shall be liable for the actions of the subcontractors as for our own actions.
5 Cooperation obligations of the customer; release from liability
(1) You are obligated to provide us with the corresponding audio files to be processed free of third-party rights within 7 days after placing the order via our web transfer in the format designated in the offer.
(2) Insofar as you provide us with protected content (e.g. graphics, trademarks, and other content protected by copyright or trademark law), you grant us all rights necessary for the execution of the contractual agreement. In this context, you warrant that you own all necessary rights to any audio materials provided in order to grant us the corresponding rights. You also warrant that the content for use and provision by you, does not violate applicable law, official orders, third party rights or agreements with third parties.
(3) You are obligated to cooperate insofar as further information must be made available to us for the provision of the service; in particular, you must provide the information necessary for the provision of the service.
(4) You shall indemnify us upon first request against all claims of third parties which they assert due to the infringement of their rights by the performance of our services in accordance with the order. In addition to claims for damages, the indemnification shall also include reimbursement of the reasonable costs of legal defense incurred as a result of the unlawful or improper use of our services. The indemnification shall be subject to the condition that any settlement or acknowledgement of third-party claims shall only be made with the prior written consent of the customer.
6 Term of contract
(1) The contract shall end automatically upon complete performance of the service. Premature termination is possible for good cause on the part of both contracting parties.
(2) The termination must be at least in text form (e.g. e-mail) to be effective.
7 Right of Retention, Retention of Title
(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The result of the processing or creation remains our property until full payment of the purchase price.
8 Intellectual property for commissioned productions
(1) In the context of the execution of a commissioned production, our employees shall be deemed to be co-authors of the recordings in question, provided they are involved in the arrangement and composition. For the rest, or in addition, a performance protection right arises to the production result as a performing artist.
(2) We transfer to you rights of use under copyright and ancillary copyright law to the work results of a commissioned production for the contractually agreed purpose. The transfer of rights of use beyond this requires special written permission for each individual case. Without our prior written consent, you are in particular not entitled to redesign, edit, re-record or synchronize the works with image, text and/or sound material of a product other than the contractually agreed product and/or to publish them in any media and/or on sound, image and data carriers.
(3) Our employees are to be named as authors or contributors in accompanying materials, credits, etc. of work results in commissioned productions in a manner customary in the industry.
(4) All rights of use to the production results shall remain with us until payment has been made in full.
(5) Rights of use, exploitation, ancillary copyrights and/or assignable copyrights as well as copyright shares shall be transferred by the musicians, speakers, singers and/or performers employed, commissioned or booked via us in many cases exclusively only for a certain period of time (e.g. 1 year) and only for a national exploitation (within Germany) and for defined media (e.g. online publications). Details are basically up to the artists themselves, who are not restrictable in their invoicing and wording, unless otherwise agreed in individual cases. In the case of foreign and/or time-transcending exploitation of productions for which only temporary domestic assignments and transfers of rights exist, the client shall independently pay subsequent fees to the entitled parties. However, if we should claim such additional fees for artists on their behalf, you undertake to pay them upon our request. You assume liability for any additional fees arising from such exploitation. You are obligated to notify us of foreign or time-exceeding exploitations. In addition, you are obligated to notify us of the first broadcast of a production produced by us in whole or in part, so that, if necessary, the due date of subsequent fees from layout productions, which thereby become broadcast licenses, can be verified and corresponding statements of account can be prepared by you or notifications can be made to the entitled parties involved.
9 Liability
(1) We shall be liable in each case without limitation for damages arising from injury to life, limb or health. Furthermore, we shall be liable without limitation in all cases of intent and gross negligence.
(2) Insofar as essential contractual obligations are affected, our liability in the case of slight negligence shall be limited to the foreseeable damage typical for the contract. Material contractual obligations are obligations which arise from the nature of the contract and the breach of which would jeopardize the achievement of the purpose of the contract, as well as obligations which the contract imposes on us according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and compliance with which the customers may regularly rely on.
(3) In the event of a breach of immaterial contractual obligations, our liability shall be excluded in the event of slightly negligent breaches of duty.
10 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favorability).
(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to bring an action before the court at another statutory place of jurisdiction shall remain unaffected.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
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- Customer Information (Exclusively in the B2C Area)
1 Identity of the provider
Platinum Sound Studio GbR
Dirk Baumann and Jürgen Zauns
Worringer Strasse 60
40211 Duesseldorf
Phone: +49 152 314 333 15
Email: contact@platinumsound.de
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr
2 Information on the conclusion of the contract
The technical steps for the conclusion of the contract and the conclusion of the contract itself are carried out in accordance with § 3 of our General Terms and Conditions.
3 Contract language, contract text storage
(1) Contract language is German.
(2) You will receive the text of the contract as well as the offer as part of the offer transmission in full by email.
4 Essential characteristics of the service
The essential features of the service can be found in the respective offer.
5 Prices, terms of payment and shipping costs
(1) The prices listed in the respective offers on the Website are net prices. They do not include the statutory value added tax. In the context of the offer, the gross prices including VAT, are shown.
(2) Any costs incurred for the transfer of money (transfer or exchange rate fees of credit institutions) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
(3) You have the payment options shown under a correspondingly designated button on our website or in the respective offer. Insofar as no other payment deadline is specified for the individual payment methods or on the invoice, the payment claims arising from the concluded contract shall be due for payment immediately. The deduction of discounts is only permitted if expressly stated in the respective offer or invoice.
6 Terms of delivery
(1) The expected delivery period is stated in the respective offer. Delivery dates and delivery periods are only binding if they have been confirmed by us in writing.
(2) If, contrary to expectations, a product ordered by you is not available despite the timely conclusion of an adequate covering transaction for a reason for which we are not responsible, you will be informed immediately of the unavailability and, in the event of withdrawal, any payments already made will be refunded without delay.
(3) Postal dispatch shall be at your risk. If you wish, the shipment will be made with an appropriate transport insurance, whereby the costs incurred by this are to be carried by you.
(4) Partial deliveries are permissible and may be invoiced by us independently, provided that you are not burdened with additional costs for shipping as a result. Additional costs for the transmission of the work result in a form other than that specified in the offer shall be carried by the customer.