1. scope of application

These General Terms and Conditions (GTC) apply to all contracts concluded via the website www.theta-music.com between Moritz Schneider, Weidweg, 3032 Hinterkappelen, Switzerland (hereinafter “Provider”) and the customer. By using the website and purchasing a product, the customer agrees to these GTC.

2. offer and conclusion of contract

  • The provider sells digital products (MP3 and WAV files) and vouchers that can only be redeemed on the website www.theta-music.com.
  • The contract is concluded as soon as the customer completes the purchase process and receives a confirmation email. The digital products are made available immediately after receipt of payment.

3. use of the digital content

  • All digital content is protected by copyright and intended exclusively for private use.
  • Any commercial use, public performance or publication (e.g. on social media or streaming platforms such as YouTube or Vimeo etc.) is prohibited without the express written permission of the provider.
  • Violations may have legal consequences.

4. vouchers

  • Vouchers are valid for five years from the date of purchase.
  • Once the validity period has expired, vouchers can no longer be redeemed and there is no entitlement to a refund.
  • Vouchers are non-transferable and can only be redeemed at www.theta-music.com.

5 Prices and payment

  • Payment is made via the Stripe payment portal.
  • Any bank charges or exchange rate differences shall be borne by the customer.
  • The provider reserves the right to change prices at any time. For contracts already concluded, the prices valid at the time of purchase shall apply.
  • The prices quoted include the customary national VAT, where applicable. The provider is currently not subject to VAT, as the statutory turnover threshold is not exceeded. Should VAT obligations arise in the future, these will be handled in accordance with the provisions of the EU VAT One Stop Shop (OSS) Regulation.

6. delivery and download

  • After successful payment, the customer receives a download link for the digital products purchased.
  • The customer is responsible for backing up the files upon receipt. The provider accepts no liability for the loss of downloaded files.
  • The provider only makes the digital content available for download for a limited period of time.

7 Refunds and right of withdrawal

  • There is no right of withdrawal, as this is digital content that is provided immediately after the purchase is completed (Section 312g (2) No. 9 BGB for sales in the EU).
  • Once the files have been downloaded, a refund is excluded.

8. liability

  • The provider is not liable for damages caused by the use of the music, unless these were caused intentionally or through gross negligence.
  • The use of the music is at the customer’s own risk. In particular, the provider accepts no responsibility for any health or psychological effects that may arise from the use of the music.

9 Place of jurisdiction and applicable law

  • Swiss law shall apply to all contracts, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
  • The place of jurisdiction for all disputes in connection with these GTC is Bern, Switzerland.

10. data protection

The provider collects and processes personal data in accordance with the privacy policy, which is available on the website www.theta-music.com. The customer agrees to the collection, processing and use of his data in the context of the order.

11. changes to the GTC

The provider reserves the right to amend these GTC at any time. The current GTC are available on the website. Changes do not apply retroactively to contracts that have already been concluded.

12. final provisions

  • Should individual provisions of these GTC be invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.
  • The invalid provision shall be replaced by a provision that comes closest to the economic purpose of the original provision.

Copyright

All titles on Theta Music are protected by copyright. Purchased tracks are for private use only. Any commercial use or publication on social media or streaming platforms such as YouTube, Vimeo etc. is not permitted.