General Terms and Conditions of Delicious Releases

§ 1 General

1.1 The following terms and conditions apply to all orders submitted to Delicious Releases (hereinafter referred to as DR) by customers and are recognised each time an offer is submitted. Deviating or supplementary general terms and conditions are not part of the contract unless their validity has been expressly agreed in writing. Any reference to the customer's GTC in the form is hereby rejected.

1.2 Customers within the meaning of these terms and conditions are both consumers and entrepreneurs. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity.

1.3 DR does not guarantee that the download shop will be available to the customer at all times without interruption and that every media file offered will be available for download, nor does it guarantee the actual burnability and / or transferability of the music titles to other data carriers or playback devices of the customer.


§ 2 Conclusion of contract

2.1 All product presentations are intended for the submission of an offer by the customer (Invitatio ad offerendum). The customer can submit his offer via the online order form. After placing the selected goods and/or services in the shopping basket and going through the electronic ordering process, the customer submits a binding contractual offer with regard to the goods and/or services contained in the shopping basket by clicking the button that concludes the ordering process.

2.2 DR accepts the offer referred to in paragraph 1 by

a. sending an order confirmation by e-mail or

b. by delivering the ordered goods within 3 days

c. the delivery of customised products within 30 days


2.3 If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the above alternatives occurs first. The period for acceptance of the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If DR does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.

2.4 Confirmation of receipt of the customer's order/offer shall be sent by automated e-mail immediately after receipt of the order by DR. This confirmation of receipt does not constitute acceptance of the contract by us.


§ 3 Terms of payment

3.1 The payment option(s) will be communicated to the customer in the seller's online shop.

3.2 If the payment method "PayPal" is selected, payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, the terms and conditions can be viewed at

3.3 Payment has only been made when the corresponding invoice amount has been received by DR. If DR has not received payment 14 days after receipt of the invoice, the customer is in default.

§ 4 Prices

4.1 Unless otherwise stated in the product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description. For downloads, see § 10

4.2 The shipping costs will be clearly communicated to the buyer on a separate information page and as part of the ordering process and sent as an e-mail order confirmation.

4.3 For orders outside the EU, the statutory value added tax does not apply. In this case, the goods are delivered to entrepreneurs as "EXW" in accordance with INCOTERMS 2000. The customer is responsible for the proper declaration of the goods in the recipient country.

4.4 There is no minimum order value.


§ 5 Delivery dates

5.1 In principle, the ordered goods will be dispatched on the following Tuesday or Friday after receipt of payment. This does not apply to goods that are produced to order. This is stated in the offer for these goods.

5.2 No liability is accepted for delays in delivery due to force majeure, changes in the official approval or legal situation, operational disruptions, labour disputes and/or material procurement problems - even if they occur with suppliers - even in the case of bindingly agreed delivery dates. In such cases, the agreed delivery date shall be tacitly extended by the reasonable period necessary to remove the obstacle.

5.3 DR is authorised to make partial deliveries, which must be accepted by the customer. The increased delivery costs shall be borne by DR.


§ 6 Warranty

6.1 Warranty rights are governed by the statutory provisions, unless otherwise stated below.

6.2 The buyer's claims due to defects in the item (new goods) shall become statute-barred in accordance with the statutory provisions two years after delivery of the item. The limitation period for warranty claims for used goods is twelve months.

6.3 In the event of a warranty claim, the buyer must contact us in writing - by letter, email or fax. The consumer must provide proof of the date of the start of the warranty period by means of a copy of the invoice or confirmation of purchase.

6.4 The return of defective goods is only permitted after prior consultation with us. If goods are returned without prior consultation, we are entitled to refuse to accept the consignment. The goods must be returned as an insured parcel with the pre-prepared returns note, which we will send you by e-mail. The buyer shall bear the return costs incurred. In the case of actual defects, these costs will be reimbursed to the buyer by us.

6.5 The buyer of a defective item can initially only demand the elimination of the defect or the delivery of a defect-free item as part of the subsequent fulfilment. We have the right to refuse the type of subsequent fulfilment chosen by the buyer if this type of subsequent fulfilment is only possible for us at disproportionate cost. In this case, the buyer's claim is limited to the other type of subsequent fulfilment; the seller can also refuse this due to disproportionate costs.

6.6 If we deliver a defect-free item for the purpose of subsequent fulfilment, the Buyer must return the defective item.

6.7 If the subsequent fulfilment has failed, the buyer may withdraw from the contract or reduce the purchase price. If the buyer decides to withdraw from the contract, he must return the defective item and pay compensation for the value of the benefits derived. To determine the value of the utilisation, the pro rata linear reduction in value in comparison between the actual period of use and the expected total period of use is decisive.

6.8 Claims for defects by the buyer are generally excluded

a. for design-related defects in customised products that have been manufactured according to the Buyer's specifications

b. for damage caused by natural wear and tear or improper handling

c. for deviations in dimensions and shape that are customary in the industry as well as for non-rectifiable deviations in colour, e.g. due to the nature of the material, and for exact conformity with colour samples and finally

d. in the case of goods that have already been described with this/these defect(s) in the item description.

§ 7 Limitation of liability

7.1 DR shall be liable without limitation for damages resulting from injury to life, body or health caused by intentional or negligent breach of duty and for other damages caused by intentional or grossly negligent breach of duty and fraudulent intent. In addition, DR shall be liable without limitation for damages covered by liability under mandatory statutory provisions and in the event of the assumption of guarantees.

7.2 In the event of a breach of essential contractual obligations, i.e. those obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely, we shall also be liable for simple negligence, but only up to the amount of the foreseeable damage typical for the contract. Claims for loss of profit, claims for damages from third parties and other indirect and consequential damages cannot be demanded unless a quality feature guaranteed by us is specifically intended to protect the customer against such damages.

7.3 Any further liability is excluded.


§ 8 Data protection

Further information on data protection can be found in our privacy policy


§ 9 Cancellation

 9.1 Consumers have a fourteen-day right of cancellation.

9.2 Further information on the right of cancellation can be found in DR's cancellation policy


§ 10 Special conditions for download transactions

10.1 For the payment of downloads, the General Terms and Conditions of PayPal shall apply in addition, if applicable.

10.2 In order to use all functionalities of the DR Downloadshop, the customer must log in, but not necessarily register. For this purpose, the data required for contract processing, such as name, address, e-mail address, etc., must be provided completely and truthfully.

Upon registration, the password and user name will be sent to the customer by e-mail immediately after registration.

10.3 The prices stated on the DR Downloadshop website at the time of download shall apply. These prices include the statutory value added tax.

10.4 The customer receives a personal, non-exclusive and non-transferable right of use for the contractually intended use of the purchased downloads. The contractually intended use allows the customer to burn downloads to blank CDs and transfer them to the customer's playback devices for personal use only. Any use deviating from the scope of use granted, e.g. renting, broadcasting, public performance, re-licensing, in particular making the download available on the Internet and other electronic networks ("file sharing") as well as the commercial use of DR downloads is not permitted. Any infringement shall result in the cancellation of the rights of use. The redistribution, transfer, transmission or sub-licensing is not permitted, unless otherwise stipulated by mandatory legal regulations. The contributions may only be burnt and exported for personal and non-commercial use. The

delivery of a contribution does not grant any commercial or advertising rights of use to the contributions.

10.5 The password and user name must be kept secret, protected from access by third parties and changed immediately by the customer if the customer suspects or has reason to believe that unauthorised third parties have gained knowledge of them. The password must be changed by the customer at regular intervals for security reasons.

10.6 The customer must pay any charges arising from unauthorised use of the DR Downloadshop by third parties if and to the extent that the customer is responsible for the unauthorised use, in particular if the customer has culpably breached the obligations specified under 12.5.

10.7 DR may block a customer if there are concrete indications that the customer has violated these General Terms and Conditions or if DR has any other legitimate interest in blocking a customer. Once the customer has been blocked, the customer may no longer use the DR Downloadshop and may not register again.

§ 11 Final provisions

11.1 This contract is governed exclusively by the law of the Federal Republic of Germany, unless mandatory protective provisions of the law of the country in which the consumer has his habitual residence preclude the use of German law. The United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 shall not apply.

11.2 The customer can print out the text of the contract before submitting the order to DR by using the print function of his browser in the last step of the order. DR's GTC are available at DR will also send the customer an order confirmation with all order details to the e-mail address provided by the customer.

11.3 If the customer is an entrepreneur, the exclusive place of jurisdiction for disputes arising from the contractual relationship is Frankfurt am Main.

11.4 Should any provision of these General Terms and Conditions be invalid, the remainder of the contract shall remain valid. The relevant statutory provisions shall apply in place of the invalid provision.

11.5. platform of the European Commission for online dispute resolution (OS) for consumers: We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

As of 20/08/2020

Delicious Releases, owner Marcus Testory e.K | Ludwigstr. 24 | 36329 Romrod-Zell | e-mail: | Internet: