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
Your contracting party for the purchase is [Provider] (see Imprint). We sell the plugin and the associated license in our own name, issue the invoice and account for any applicable VAT. Payment is processed on our behalf by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal") as payment service provider. PayPal is not a party to the purchase contract; it only executes the payment (including card payments as a guest checkout). For license use and technical support, these Terms apply alongside the End-User License Agreement (EULA) included with the plugin installer. PayPal's user agreement and privacy statement (https://www.paypal.com) additionally apply to the execution of the payment.
§ 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 at checkout and completing payment via PayPal you submit a binding offer to conclude a purchase contract. The contract is formed upon our express acceptance — generally by way of an immediate order confirmation sent by email. The order confirmation contains the license key and activation instructions; the invoice is available in your customer account.
§ 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. Payment is made via PayPal (PayPal balance, bank transfer, or credit/debit card as a guest). The methods available may 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 PayPal 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 at our checkout before the purchase button. **Consequences of withdrawal:** In the event of an effective withdrawal, we will refund all payments received without undue delay, at the latest within fourteen days from receipt of the withdrawal notice, using the same means of payment (via PayPal).
§ 8 Free trial version
Before any purchase you can download a fully functional trial version of the plugin from outboard.audio and use it free of charge for fourteen (14) days. After the trial period the plugin continues to load but its audio output is muted at regular intervals until a valid license key is entered. The trial is provided free of charge and 'as is'; there is no entitlement to its continued availability. The free trial does not restrict your statutory warranty or your right of withdrawal under § 7.
§ 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.