TERMS AND CONDITIONS

 

GENERAL

It is our commitment to all of our customers to operate to their fullest satisfaction. The products supplied by us have been checked for quality. If unexpected problems still occur with a download or a CD you ordered, please contact us at any time using the “Contact” form.

A contract is established by the fact that we accept the customer’s order through our order confirmation. This confirmation contains the essential contents of the order. After payment, the customer receives, in the case of a download order, a direct link to download the music files. Respectively, in the case of ordering a CD, the CD is sent to you via postal delivery.

www.danynussbaumer.com is the homepage of Dany Nussbaumer, composer for film, television and theater. The music featured on this website was fully composed by Dany Nussbaumer and is offered in the formats of audio mp3-files (320kbps resolution) as well as a CD-R. The latter exclusively on personal request.

 

Music on CD:

The music will be delivered to you on a CD-R (so-called “burned” Audio CD). Each item is tested on errors by us. Please note that the CD-R format may not be read by all devices. Especially older players might not recognise this format. Information concerning your CD-player can be obtained by your local hifi-dealer. We can not take any responsibility for any incompatibility of the CD-R with your CD player.

 

Music for download:

The music will be sent to you in mp3 format at a resolution of 320kbps as a “zip” file. Please note that an additional software (such as e.g. “Stuffit Expander”) might be needed for opening such a zip file, if not already installed in your system. The file contains the same tracks as the CD-R. The total length of the song listed under the product description can possibly vary slightly in comparison to the CD, as usual with CDs pauses between tracks might apply here.

The download link is only for you. It is available for 48 hours. After this, its validity expires automatically. During this time you can make a maximum of 3 download attempts. Should these fail or have expired within the 48 hours, then please contact us. We will send you a new link.

Please note that mobile devices such as tablet PC or mobile phone (e.g. “i-pad” or “i-phone”) usually do not perform direct downloads. For this you need a computer. The download link sent to you can therefore only be activated using a computer. The music can be subsequently transferred to the mobile devices.

 

Validity

By submitting an order and/or by completing a download, the purchaser expressly agrees to these terms.

All orders are binding. Delivery time may vary. If delivery is delayed you will be informed by e-mail. You have the option to cancel your order only if delivery has not yet been sent.

 

DELIVERY

We supply the CDs free of shipping tax in Switzerland and the EU countries. Deliveries are limited to addresses within Switzerland or an EU country. Additional shipping fees may apply for deliveries outside Switzerland and/or the EU.

Deliveries will be made only to end customers. We keep the rights of quantitative restrictions if necessary.

Should one of the items you have ordered not be available, the delivery of the remaining items will not be affected. Missing articles will be sent as quickly as possible and free of additional postage.

We reserve the right to execute your order within the availability of items in our stock. Momentarily items will be sent within 30 days. If this is not possible, we will notify you by email. In this case, you can withdraw from your order or the item is automatically canceled from your order after 30 days.

We reserve the right to block clients who refuse acceptance of the delivered items.

In case of incorrect address information, the receiver will be charged the additional shipping costs incurred by a second delivery.

 

PRICES

Because we want to offer you the best possible price our products, some prices might be subject to changes.The price, which is listed at the time of your order on our website is determinative.

Delay in delivery never leads to a price reduction.

 

PRICE RANGE AND CHANGES

Price and/or assortment changes as well as technical changes reserved. All offers are subject to change. Erroneous information and typographical errors reserved.

 

EXCHANGE / FALSE SUPPLIES

Exchange is not possible. Exceptions: False deliveries, transportation damage and manufacture errors in the products delivered. Liability is limited to one replacement. Claims for rescission of contract or reduction of payment are excluded unless a replacement within a reasonable period of time is possible.

Objections based on defects in the goods can be made within 7 days after reception. If the examination of the defective goods show that the defects are due by negligence of the buyer (eg damage caused by improper handling), the purchaser will have to bear the cost of replacement.

We disclaim any liability for any hardware damage caused by improper handling of the CD-R or the mp3 data.

In case of wrong deliveries and production errors, we must be notified immediately by email or via the “Contact” form. Replacement of damaged delivered items must be acclaimed within 48 hours. Past this period, a free replacement of the damaged item will no longer be possible.

Returns, refunds and/or exchange based on personal dislike of the ordered item at not possible.

 

BILLING / PAYMENT PERIOD / DELIVERY TIME

We reserve the right to execute orders on advance payment basis only. Bank transfers can take several days to complete – depending on the bank. Paypal payments are transferred immediately. This however, depends on Paypal and may vary. Once we have received the payment, the item will be shipped within 24 hours by post (in the case of a CD) or by email (in case of download links).

 

USAGE RIGHTS (including DOWNLOADS)

All items are for your personal, non-commercial use only. Any other use is a violation of copyright law. The making of copies for the purpose of sale, commercial loan, public broadcast or transfer to third parties is prohibited.

With the acquisition of music content from our website, customers receive usual music rights such as the right to download, to stream, to play on PC, burn to CD or transfer to a portable player.

 

PRIVACY POLICY

We only collect the data needed for and used in the order process. The personal data will be kept confidential and not transferred to third parties.

 

APPLICABLE LAW, JURISDICTION

These Terms and Conditions are governed by the laws of Switzerland. The exclusive place of jurisdiction for all disputes is Fribourg (Switzerland).