Terms and conditions
§ 1 Scope
These General Terms and Conditions (Terms) apply to all contracts between [Provider] (hereinafter "we", "us") and the customer concerning the acquisition of digital audio plugins and associated licenses via the website outboard.audio. We distinguish between consumers (§ 13 BGB) — natural persons concluding a legal transaction for purposes that are predominantly outside their trade, business or profession — and entrepreneurs (§ 14 BGB). Deviating, conflicting or supplementary general terms and conditions of the customer only become part of the contract if and to the extent that we have expressly agreed in writing to their application.
§ 2 Contract parties and payment processing via Lemon Squeezy
Order and payment processing is handled entirely by Lemon Squeezy LLC, 488 Madison Avenue, 6th Floor, New York, NY 10022, USA (hereinafter "Lemon Squeezy"). Lemon Squeezy acts as Merchant of Record (reseller in its own name). Lemon Squeezy concludes the purchase contract with you in its own name, issues the invoice and remits the applicable taxes and duties. Your contracting party for the purchase is Lemon Squeezy. [Provider] supplies the plugin, the license key infrastructure and customer support. For license use and technical support, these Terms apply alongside the End-User License Agreement (EULA) included with the plugin installer. Lemon Squeezy's own terms of service (https://www.lemonsqueezy.com/terms) and privacy notice (https://www.lemonsqueezy.com/privacy) additionally apply to the purchase transaction.
§ 3 Conclusion of contract
The presentation of products on outboard.audio does not constitute a legally binding offer but an invitation to submit an offer. By clicking the purchase button in the Lemon Squeezy checkout and entering your payment details you submit a binding offer to conclude a purchase contract. The contract is formed upon Lemon Squeezy's express acceptance — generally by way of an immediate order confirmation sent by email. The order confirmation contains the invoice, the license key and activation instructions.
§ 4 Prices and payment
All prices are quoted in Euros and include any applicable statutory VAT. The total amount shown at checkout is binding. No shipping costs apply for digital products. The payment methods offered in the Lemon Squeezy checkout (e.g. credit card, PayPal, SEPA direct debit) depend on your location. Payment is due immediately upon conclusion of the contract.
§ 5 Provision and delivery
The contract concerns the permanent provision of digital audio plugins as a download together with the associated license key for activation. After successful payment you will receive an email within a few minutes containing: • Download links to the plugin installers (macOS, Windows) • Your license key • A link to your customer account at outboard.audio/account License keys and downloads are also permanently accessible in your customer account. If delivery fails for reasons beyond our control (e.g. an outage at Lemon Squeezy or Resend), we will inform you without undue delay. Any payments already made will be refunded in full in that case.
§ 6 Usage rights and license
Upon full payment you receive a simple, non-exclusive, perpetual and non-transferable right to use the plugin you have purchased. The license entitles you to activate the plugin on up to three (3) devices simultaneously, used for your own private or business purposes. You can deactivate a device at any time via your customer account. Source code, copyrights and all other rights in the plugin remain with [Provider]. Decompiling, reverse engineering, modifying, redistributing or sublicensing the plugin is prohibited, except where permitted by mandatory law (§ 69d, § 69e of the German Copyright Act). The full End-User License Agreement (EULA) is included with the plugin installer and must be accepted during installation. In case of conflict between these Terms and the EULA, the EULA prevails in respect of plugin use, these Terms prevail otherwise.
§ 7 Right of withdrawal for consumers in respect of digital content
Consumers have a right of withdrawal under the following provisions. You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract. To exercise your right of withdrawal, you must inform us (contact details: see Imprint) by means of a clear statement (e.g. a letter sent by post or an email to hello@outboard.audio) of your decision to withdraw from this contract. To meet the withdrawal deadline it is sufficient that you send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. **Early expiry of the right of withdrawal:** In the case of a contract for the supply of digital content not on a tangible medium, the right of withdrawal expires under § 356 (5) BGB once we have begun performance of the contract after you have (i) expressly consented to us beginning performance before the end of the withdrawal period, and (ii) acknowledged that, by giving your consent, you lose your right of withdrawal upon commencement of performance. Because the download and license key are provided immediately after purchase, this consent is expressly obtained in the Lemon Squeezy checkout before the purchase button. **Consequences of withdrawal:** In the event of an effective withdrawal, Lemon Squeezy will refund all payments received without undue delay, at the latest within fourteen days from receipt of the withdrawal notice.
§ 8 Voluntary money-back guarantee
Independently of the statutory right of withdrawal we voluntarily grant you a thirty (30) day money-back guarantee from the date of purchase if the plugin does not work as described in the product specification or is not compatible with your system. To claim the guarantee, an informal email to support@outboard.audio with a brief description of the problem is sufficient. The refund is processed via Lemon Squeezy to the original payment method. The voluntary money-back guarantee does not restrict your statutory warranty or withdrawal rights.
§ 9 Warranty
Defects in the plugin are governed by the statutory warranty provisions (§§ 327 et seq. BGB for digital products vis-à-vis consumers). We warrant that the plugin in the version provided meets the agreed specifications. Minor deviations that do not, or only insignificantly, impair the value or suitability for the contractually agreed use do not constitute a defect. In the case of justified defects we will provide a corrected version (update) within a reasonable period. If subsequent performance fails, you may rescind the contract or claim damages in accordance with statutory provisions. For entrepreneurs, the limitation period for warranty claims is one year from delivery.
§ 10 Limitation of liability
We are liable without limitation • for damages arising from injury to life, body or health caused by a culpable breach of duty, • for other damages caused by an intentional or grossly negligent breach of duty, • under any guarantee given by us, and • under the German Product Liability Act. For a slightly negligent breach of a material contractual obligation (cardinal obligation — obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the contractual partner can regularly rely), our liability is limited in amount to the typical foreseeable contractual damage. Otherwise, liability is excluded. For data loss we are liable, within the above limits, only to the extent that the loss would have been unavoidable even with proper and regular data backup by the customer.
§ 11 Dispute resolution
The European Commission provides a platform for online dispute resolution: https://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board under the German Consumer Dispute Resolution Act (VSBG).
§ 12 Final provisions
All disputes arising from or in connection with this contract are governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer-protection provisions of the state in which the consumer has their habitual residence remain unaffected. If the customer is a merchant, a legal entity under public law or a public-law special fund, the exclusive place of jurisdiction for all disputes arising from this contractual relationship is the registered office of [Provider]. Consumers may sue before the court at their place of residence. Should individual provisions of these Terms be or become invalid, this does not affect the validity of the remaining provisions. The invalid provision shall be replaced by the valid provision that comes closest to the economic purpose of the invalid provision.