General Terms and Conditions of Sale
§ 1 Scope of application
(1) These General Terms and Conditions of Sale (hereinafter referred to as “GTC”) apply to all contracts concluded via our online store between us,
Bitwig GmbH
Schwedter Str. 13
10119 Berlin
Germany
Managing Directors: Placidus Schelbert, Volker Schumacher
Register court: Amtsgericht Berlin-Charlottenburg
Register number: HRB 120069 B
E-mail: webshop@bitwig.com
(“Bitwig” or “we”)
and you as the purchaser of our products (hereinafter “Customer” or “you”). The GTC apply regardless of whether you are a consumer, entrepreneur or merchant.
(2) All agreements made between you and us in connection with the purchase contract shall be governed by these Terms and Conditions of Sale, our written order confirmation and our declaration of acceptance.
(3) The GTC version valid at the time of the contract conclusion shall apply.
(4) We do not accept deviating terms and conditions of the Customer. This shall also apply if we do not expressly object to their inclusion.
§ 2 Conclusion of contract
(1) The presentation and advertising of products in our online store do not constitute binding offers to conclude a purchase contract.
(2) Before placing an order, the order details will be summarized for confirmation. The details and any errors can be corrected before placing the order. By clicking on the “Pay” button in our online store, you are placing a legally binding order, which shall be valid for a period of two (2) weeks after placing the order; your right of withdrawal from your order in accordance with § 5 remains unaffected.
(3) We will confirm receipt of your order by e-mail without undue delay. Such an e-mail does not constitute a binding acceptance of the order, unless, in addition to the confirmation of receipt, an acceptance is also expressly declared.
(4) A contract is only concluded when we accept your order by means of a declaration of acceptance or by delivering the ordered items.
(5) Further information on the countries to which we deliver, and any applicable minimum order values can be found here in our online store and during the order process.
(6) If delivery of the ordered goods is not possible, e.g. because the corresponding product is not available, we will not issue a declaration of acceptance. In this case, a contract is not concluded. We will inform you and refund any payments already received without undue delay.
(7) This contract can be concluded in German and English.
(8) Together with any declaration of acceptance, we will also send you a copy of the contractual provisions and these GTC by e-mail (Section 312i para. 1 sentence 1 no. 4 of the German Civil Code (“BGB”)).
§ 3 Delivery
(1) We deliver the ordered goods after prior receipt of the full purchase price and any shipping costs.
(2) Digital products are usually delivered by providing a license key to unlock the software, usually immediately, but in any case within 2 working days after successful order and receipt of the purchase price. If the purchase of a software requires the fulfillment of certain prerequisites (e.g. edu-licenses), the software is usually provided within 2 working days after receipt of the purchase price and verification of the fulfillment of the prerequisites.
(3) Physical products are usually handed over to the shipping provider within 2 working days after conclusion of the contract and receipt of the full purchase price and any shipping costs, unless otherwise agreed.
(4) The delivery of physical products can be made in partial deliveries, if reasonable to the Customer.
§ 4 Prices
(1) All prices quoted in our online store are gross prices, including VAT, and do not include any shipping costs that may be incurred. This does not apply if you are a consumer who downloads software from our website in the USA or receives physical products that are delivered to the USA. In such cases, an additional tax may apply, which may vary from state to state.
(2) The shipping costs are indicated in our online store. The price including VAT and shipping costs will also be shown in the order form before you submit the order.
(3) If we fulfill your order through partial deliveries, you will only incur shipping costs for the first partial delivery. If partial deliveries are made at your request, we may charge shipping costs for each partial delivery.
(4) If you effectively withdraw your contractual declaration in accordance with § 5, you may request reimbursement of the shipping costs for delivering the goods to you (if already paid) and subject to the statutory requirements (see § 5 para. 3 for the consequences of a withdrawal/revocation).
§ 5 Right of withdrawal
(1) If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or independent professional activity), you have a right of withdrawal within 14 days in accordance with the statutory provisions.
(2) If you, as a consumer, make use of your right of withdrawal in accordance with section 1, you have to bear the direct costs of the return shipment. If software has been installed, it must be completely uninstalled.
(3) In all other respects, the provisions set out in detail in the following shall apply to the right of withdrawal:
Cancellation policy
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods.
To exercise the right to cancel, you must inform us (Bitwig GmbH, Schwedter Str. 13, 10119 Berlin, Germany, e-mail: webshop@bitwig.com, phone: +49 30 60939430) by means of a clear declaration (e.g. by e-mail or sent by post) of your decision to withdraw from this contract. You can use our template withdrawal form, linked here, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Exclusion or premature expiry of the right of withdrawal
The right of withdrawal expires prematurely for contracts for the delivery of digital content that is not delivered on a physical data carrier if we have started to execute the contract after you (i) have expressly agreed that we will start to execute the contract before the expiry of the withdrawal period and (ii) have confirmed your knowledge that you will lose your right of withdrawal by giving your consent at the beginning of the execution of the contract and (iii) we have provided you with a confirmation in accordance with § 312 f BGB.
Consequences of revocation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the additional costs resulting from your choice of a delivery method other than the least expensive standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment. We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest.
You must return or hand over the goods to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if such loss is due to handling the goods in a way that is not necessary for checking their condition, properties and functionality.
- End of the withdrawal policy -
(4) The right of withdrawal does not apply to distance contracts in the meaning of § 312 c BGB:
(a) for the delivery of goods that have been manufactured according to Customer specifications or that are clearly tailored to personal needs or that are not suitable for return due to their nature or that can spoil quickly or whose expiration date would be exceeded,
(b) for the delivery of audio or video recordings or software, provided that you have unsealed the delivered data carriers.
§ 6 Terms of payment and offsetting and right of retention
(1) The purchase price and any shipping costs incurred are due immediately after conclusion of the contract.
(2) Payment is made via the external payment service provider Stripe (https://stripe.com/de/payments) and can be made by credit card, PayPal or other payment methods offered in the provider's online store. In the case of a direct debit authorization or payment by EC/Maestro or credit card, Stripe will arrange for your account to be debited at the earliest at the time specified in paragraph 1. A direct debit authorization granted shall also apply to further orders until revoked.
(3) You are not entitled to offset counterclaims against our claims unless your counterclaims have been legally established or are undisputed.
(4) As a buyer, you may only exercise a right of retention if your counterclaim arises from the same purchase contract.
§ 7 Retention of title
The delivered products remain our property until the purchase price has been paid in full.
§ 8 Warranty
We are liable for material defects or defects of title of delivered items in accordance with the applicable statutory provisions. The limitation period for statutory claims for defects is two years and begins with the delivery of the goods or the provision of the software.
§ 9 Updates
We provide free functional updates to the software for a period of one year.
§ 10 Rights of use
(1) The provider grants the Customer the non-exclusive right to use the purchased digital products for an unlimited period of time. This right includes the use for private and business purposes.
(2) The further license conditions are set out in the applicable license terms (End-User License Agreement, EULA ), which must be accepted by the Customer before using the software.
(3) If the Customer purchases Sound Packages for the software, these shall be linked to the user account. The rights of use to the Sound Packages can only be transferred together with the software.
(4) The Customer may not modify, reproduce, distribute or make publicly accessible digital products in whole or in part, unless this is expressly permitted or legally permissible. The Customer may freely dispose of the music created using the software.
§ 11 Copyrights
(1) We hold the copyrights to all images, films and texts published in our online store. Use of the images, films and texts is not permitted without our express consent.
(2) All copyrights to the digital content / software remain with us. Reproduction or other use of the products without the permission of the provider is prohibited. The copyright to the music created using the software lies with the Customer.
§ 12 Liability
(1) We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions.
(2) In other cases, we shall only be liable - unless otherwise stipulated in paragraph 3 - in the event of a breach of a contractual obligation that is essential for the proper execution of the contract and on which you as a Customer may regularly rely (so-called cardinal obligation), and our liability shall be limited to compensation for the foreseeable and contract-typical damage. In all other cases, our liability is excluded, subject to the provision in paragraph 3.
(3) Our liability for damages resulting from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.
§ 13 Use of data
(1) In order to make full use of our services, you must set up a user account on our website. To do this, you must enter certain personal data in the input form. We do not have access to your password. It is only possible to change your password by resetting it.
(2) The creation of a user account and the data transmitted to us in this context are decisive for the completeness of the services to be provided to you. You must create a user account to activate the software, receive free upgrades and, in the event of expiry of the authorization, notify you. The data in your user account enables us to check whether you are in possession of a valid license and whether you comply with the terms of use, in particular whether you activate the software on no more than three computers.
(3) Each time the final version of the software is activated, Bitwig installs an encrypted file linked to the serial number of the device in order to link the final version to that specific device (challenge-response authentication). In addition, the following data is collected each time the Bitwig software is activated or updates are installed:
- Your device (operating system, local username, device ID)
- The software itself (version, date of activation, successful and unsuccessful updates)
- The serial number of your Bitwig product
We use this data exclusively for the activation of the software and to provide you with updates.
(4) If the software crashes, you have the option of sending a crash report and informing us of the problem. In this case, your description of the problem and other background information about the problem will be transmitted to us. The stored data enables us to solve the problem and provide you with functioning software. We only use this data to solve the problem. The data is stored for as long as we need it to solve the software problem. The legal basis for this is Art. 6 para. 1 lit. f GDPR.
(5) We process the other data (in paragraphs 1 to 3) mentioned in this Section 13 in order to fulfill our contractual obligations towards you; the legal basis for this is Art. 6 para. 1 lit. b GDPR. In addition, the processing of your user account data serves our legitimate interests. The legal basis for this is Art. 6 para. 1 lit. f GDPR. Otherwise, the processing of your data is governed by our Privacy Policy. By setting up a user account, you consent to this. The duration of storage of this information corresponds to the duration of an active user account.
§ 14 Applicable law and place of jurisdiction
(1) The laws of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law in sentence 1.
(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the seller, Berlin, Germany. Otherwise, the applicable statutory provisions shall apply to local and international jurisdiction.
(3) Dispute resolution: The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr . We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
§ 15 Final provision
Should any provision of these provisions be or become invalid or unenforceable, the validity of the remaining provisions shall not be affected.
Last updated: September 30, 2024