General Terms and Conditions and Licensing Terms
The following General Terms and Conditions and Licensing Terms (GTC<) apply in the version valid at the time of the respective order for the online shop of Rebeat Innovation GmbH, available at the web-address https://shop.perfectgroove.com and its sub-pages. The online shop is operated by Rebeat Innovation GmbH, Gutenbergstraße 23, 3430 Tulln, Austria.
1. Subject Matter, Definitions of Terms and Contact
1.1 These GTC< apply to all contracts which a Customer (as defined below) concludes with Rebeat Innovation GmbH for the Deliverables (as defined below) presented in the online shop.
1.2 The application of the Customer’s own terms and conditions of business is hereby rejected, unless otherwise expressly agreed with the Customer in writing.
1.3 “Customer” within the context of these GTC< shall mean both Consumers and Entrepreneurs as defined by Austria law (KSchG).
1.4 “Deliverables” with in the context of these are all digital goods – software and documents – that can be purchased in the online shop.
1.5 Rebeat Innovation GmbH can be contacted by mail at the postal address Rebeat Innovation GmbH, Gutenbergstraße 23, 3430 Tulln, Austria or by e-mail at email@example.com.
2. Conclusion of Contract
2.1 The Deliverables presented in the online shop of Rebeat Innovation GmbH do not constitute legally binding offers to conclude a contract, but serve as an invitation to the Customer to submit a binding offer.
2.2 The legally binding submission of the purchase offer of the Deliverables selected by the Customer occurs by clicking the “Buy” button. Rebeat Innovation GmbH is entitled to reject the purchase offer of the Customer until its acceptance.
2.3 The contract is only concluded upon the Customer’s receipt of Purchase Confirmation by Rebeat Innovation GmbH. The acceptance of the contract by Rebeat Innovation GmbH takes place through the release of the digital content for download.
3. Cancellation of Contract
Consumers as defined by Austrian law (KSchG) have the statutory right to cancel the contract.
3.1 Information About the Customer’s Right to Cancel the Contract
You have the right to cancel the contract within fourteen days without giving reasons. The cancellation period is fourteen days from the date of conclusion of the contract. In order to exercise your right of cancellation, you must give us
Rebeat Innovation GmbH
notice by means of a clear declaration (e.g. a letter, fax or e-mail) about your decision to cancel this contract. You can use the attached model cancellation form, but this is not mandatory.
In order to comply with the cancellation period, it is sufficient that you send the notice of the exercise of the cancellation right before the expiration of the cancellation period.
Consequences of the cancellation:
If you cancel the contract, we will refund all payments we have received from you, including delivery costs (except for the additional costs resulting from your choosing a delivery method other than the cheapest standard delivery offered by us), immediately and at the latest within 14 days from the day we receive notice of your cancellation of the contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund.
3.2 Sample Cancellation Form
If you wish to cancel the contract, please fill out this form and send it back to us:
Rebeat Innovation GmbH
I/we(*) hereby cancel the contract concluded by me/us(*) for the purchase of the following goods/the provision of the following service (*):
Ordered on/received on (*):
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only if communicated on paper)
(*) Delete as applicable
4. Licensing Terms
Rebeat Innovation GmbH grants the Customer access to the Software and related license keys offered at “https://shop.perfectgroove.com” exclusively on the basis of the following license terms and conditions. Such license is between the Customer and Rebeat Innovation GmbH.
By downloading the digital goods (Software) offered in this online shop, the Customer agrees to this section 4. If Customer does not agree with these licensing terms, he may neither install nor use the Software. The Software and all related symbols, logos or documentation are copyright protected. The copyright and all other intellectual property rights to the Software or the above listed items, which Rebeat Innovation GmbH makes accessible to Customer, are and remain exclusive property of Rebeat Innovation GmbH. The Customer is not entitled to any access to the source code of the Software.
4.1 By ordering the Software Customer does not acquire ownership of the Software itself, but only the right to use the Software as a copyright protected work in accordance with this Section. This right of use is granted by Rebeat Innovation GmbH as a license. Subject to full payment of the related fee or price and the activation of the license key Customer is granted a non-exclusive, perpetual and as per Sect. 4.4 transferable right to use the Software for the Customer’s own purposes in compliance with the restrictions set out below. Temporary licenses (so called “demo licenses”) expire automatically after a certain period of time. Such a license can be obtained only once per Customer and intended solely to test the Software.
4.2 The license is granted for the Software in its entirety. The Customer may not separate and use individual parts or elements of the Software. Copyright notices may under no circumstances be deleted, changed or suppressed in any other way. The Customer is not entitled to reverse engineer, decompile or disassemble the Software.
4.3 In order to use the Software, the license must be transmitted to an iLok USB-license-carrier or iLok Cloud account. An iLok USB-license-carrier can be purchased separately from PACE Anti-Piracy, Inc. or its distributors. Rebeat Innovation GmbH is not responsible for the loss of a license due to loss or theft of a USB-license-carrier und reserves the right to deactivate the license stored on the list USB-license-carrier once it is notified of the loss by the Customer. Lost of stolen licenses cannot be replaced free of charge by Rebeat Innovation GmbH.
4.4 The Customer is entitled to resell or transfer the Software if the intended transfer of the license was requested in writing and has beed granted by Rebeat Innovation GmbH. Requests to transfer a license shall be sent by e-mail to firstname.lastname@example.org.
4.5 Before any licensing, the Customer is obliged to check whether the Software and its specifications as well as its scope of functions meet the Customer’s requirements. The Customer is aware and by downloading the Software the Customer accepts that the Customer may only use the Software for its own purposes, subject to the restrictions set forth above. It is the Customer’s responsibility to take precautions to ensure that the Software works properly, in particular to ensure the operation and safety of the working environment of the Software. The Customer bears the risk of incompatibility of the Software with the Customer’s hardware.
5. Other Obligations of the Customer
5.1 The Customer confirms to be of legal age and to provide all information required for the execution of the contract truthfully.
5.2 Orders are processed automatically and require an iLok user account, which can be create free of charge. The Customer must provide a valid user account upon purchase. Rebeat Innovation GmbH will use the e-mail address associated with that account in order to send the Customer documents related to the purchase.
6. Prices and Terms of Payment
6.1 The prices quoted in the online shop of Rebeat Innovation GmbH are total prices (final prices), i.e. they include all price components, including statutory Austrian VAT. If the Customer orders from abroad, the value-added tax valid in Customer’s country of residence will be automatically calculated and shown within the scope of the order.
6.2 Rebeat Innovation GmbH offers PayPal and credit card as payment method.
7. Terms of Delivery
The download of the software or other digital goods is activated immediately after ordering and checking the selected payment method.
8. Warranty for Defects
Rebeat Innovation GmbH is liable for material defects or defects of title related to the Deliverables in accordance with the applicable statutory provisions. The limitation period for statutory warranty claims is two years and begins with the delivery of the Deliverables.
9.1 Rebeat Innovation GmbH is liable to the Customer in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of wasted expenses.
9.2 In other cases Rebeat Innovation GmbH is only liable – unless set forth otherwise in Sect. 9.3 – in case of breach of a contractual obligation, the fullfillment of which is essential for the proper execution of the contract and on whose compliance the Customer may regularly rely (so-called cardinal obligation), limited to the compensation of the foreseeable and typical damage. In all other cases Rebeat Innovation GmbH’s liability is excluded unless set forth otherwise in Sect. 9.3.
9.3 Rebeat Innovation GmbH’s liability for damages resulting from injury to life, body or health and under any strict product liability act remains unaffected by the above limitations and exclusions of liability.
Rebeat Innovation GmbH has copyright rights to images, videos and texts used on the web-site, online-shop and the Deliverables. Any use of these images, videos and texts by third parties requires the express consent of Rebeat Innovation GmbH.
11. Data Protection
Rebeat Innovation GmbH is committed to protect the Customer’s privacy when processing personal data. The processing of the data collected from the Customer takes place in accordance with the legal provisions that apply to electronic business transactions.
12. Governing Law, Place of Jurisdiction and Contract Languages
12.1 This Agreement shall be governed by and interpreted in accordance with the Laws of Austria (under explicit exclusion of its conflict of law rules). Application of UN Commercial Law is explicitly excluded.
12.2 By closing the contract, the Customer explicitly agrees to submit to the exclusive jurisdiction of the Handelsgericht Wien (Court for Commercial Affairs in Vienna) for all possible disputes and/or proceedings deriving out of its contractual relationship with Rebeat Innovation GmbH based on this order.
12.3 For the purpose of interpretations and legal disputes the original language of these GTC< is German.
12.4 In case of invalidity of certain regulations, conditions and/or restrictions contained herein in part or in total all other parts of these GTC< shall remain valid and in full force and invalidity or impracticability of any clause shall not interfere with the validity of all other clauses and regulations.