§ 1 Validity

These general terms of business are valid for every kind business between Wave Digital Studios GmbH and their customers. Different terms of customers will not be part of the contract.

 

§ 2 Offer

Variable contractual deliveries like drawings or measurements are subject to confirmation or otherwise without engagement. These deliveries are in possession of Wave Digital Studios GmbH and customers are not allowed to transfer them to third parties without the written permission Wave Digital Studios GmbH.

 

§ 3 Contract

The contract is obligatory for Wave Digital Studios GmbH and their customers at the time the customers orders by money transfer, respectively via our payment processors PayPay and Wave Digital Studios GmbH answers by delivery of the software CD or Email registration codes.

At the time Wave Digital Studios GmbH sends the registration code by email to the customers this binds the customer to pay the whole price.

 

§ 4 Prices

Software prices of Wave Digital Studios GmbH include delivery and packing when ordering only one product. Costs for special needs of the customers have to be payed extra. Delivery of software is normally uninsured.

 

§ 5 Payment

Payment of software and other products has to be done by credit card, money transfer or cash at the time placing the order. The payment can be conducted with help of a third party payment processor (PayPal, etc.).

Customers who order non-standard products or services will be informed of different terms of trade and delivery costs when Wave Digital Studios GmbH is placing the offer.

 

§ 6 Delivery

Delivery of software follows right after payment.

Delivery of software is ex factory. Risk of delivery turns over to customers when the software leaves the factory.

Deliveries of non-standard products or services will be fulfilled as agreed in the contract. The customer is allowed to withdrawal from the contract in case Wave Digital Studios GmbH is not fulfilling the contract. Before withdraw, the customer shall inform Wave Digital Studios GmbH in writing of his intention to withdraw from the contract and allow Wave Digital Studios GmbH an extra time for fulfilling the contract of at least 30 days. If the 30 days goes by without any reaction of Wave Digital Studios GmbH the contract is terminated.

 

§ 7 Cancellation

Only unopened and sealed products can be sent back by the customer within 30 days after getting the products. That leads to a cancellation of the contract between Wave Digital Studios GmbH and the customers.

Cancellation right is automatically deleted by unsealing the product.

Cancellation of products delivered by Email is only possible before the customer is getting the Email with the product, for example registration codes. Decisive is the mailbox of Wave Digital Studios GmbH.

Defects in deliveries have to be told to Wave Digital Studios GmbH right after noticing them and will be examined as the case arises.

Not telling the defects right after noticing them leads automatically to deletion of the cancellation right.

If the price of the product which is sent back to Wave Digital Studios GmbH is less than 40 €, the customer has to pay the price for sending it back. This is not valid in case of getting a wrong or damaged product by Wave Digital Studios GmbH.

Please send back canceled products to:
Wave Digital Studios GmbH
Fkw. Landscheideweg 165
21129 Hamburg / Germany

Please contact us by Email before sending:
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

 

§ 8 Right of Return

Only unopened and sealed products can be returned back by the customer within 30 days after getting the products. That leads to a cancellation of the contract between Wave Digital Studios GmbH and the customers.

If the unopened and sealed product is sent back, the customer has to pay the costs for sending it back.
Please note that we cannot take back Download versions if the license code is already sent to you.

Please send back products to:
Wave Digital Studios GmbH
Fkw. Landscheideweg 165
21129 Hamburg / Germany

Please contact us by Email before sending:
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

 

§ 9 Liability for defects

Defects on data medium which are caused by Wave Digital Studios GmbH will be corrected by delivery of a new product.

Wave Digital Studios GmbH is not liable for the loss of any data by using their software. Wave Digital Studios GmbH is also not liable for losses of third parties caused by the loss of data of customers of Wave Digital Studios GmbH. Customers have to be aware of the fact that software in general is not 100% free of bugs and we can not guarantee data loss is not possible. Wave Digital Studios GmbH advices its customers to backup all data regularly.

Wave Digital Studios GmbH is not liable for defects of hard- and software which are caused by improper usage of their software.

For using our software please have a look at our operating instructions. Please regard our Software License Agreement before installing our software.

 

§ 10 Ownership of Products

Wave Digital Studios GmbH is the owner of every product until it is completely payed by the customer. If products of Wave Digital Studios GmbH are seized or there is any other injury of their rights, customers have to inform Wave Digital Studios GmbH at once.

In case of not paying in time or any other injury of a contract between Wave Digital Studios GmbH and the customers, Wave Digital Studios GmbH is allowed to claim back everything which is delivered but not payed by the customers. The return of products is no cancellation of the contract so furthermore rights of the contract or these general terms of business are not canceled.

 

§ 11 General terms

The customer is not allowed to transfer any rights of this contract to third parties.

With ordering or signing the contract the customer accepts this general terms of business. Other terms of business of customers are declared as invalid.

 

§ 12 Applicable right to this general terms of business

Every contract is subject to the right of the Federal Republic of Germany. UN right is not part of the contract even if the order is done outside the Federal Republic of Germany.

Place of fulfillment is Hamburg. The only court of jurisdiction is Hamburg.

 

§ 13 Severability clause

If any paragraph of this terms of business or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of,this terms of business. Instead of the invalid paragraph the law of the Federal Republic of Germany which fits best becomes valid for the invalid one.