TERMS & CONDITIONS
GENERAL TERMS AND CONDITIONS OF BUSINESS AND USE FOR THE PROVISION OF DIGITAL PRODUCTS AND THE SHIPPING OF GOODS
Data protection notice: For your contact via my contact details (telephone, e-mail, postal address), my data protection declaration at https://deepshiftrecords.com/en/privacy-policy applies with regard to processing, storage and, if applicable, objection.
For reasons of linguistic simplification, gender is not mentioned where a gender-neutral formulation was not possible. In these cases, the masculine terms used also include the feminine and diverse forms.
Structure:
§ 1 Scope and definitions
§ 2 Offer and order process
§ 3 Conclusion of contract, subject matter of the contract and contractual partners
§ 4 Contract languages and contract text storage
§ 5 Rights of use and license conditions for digital products
§ 6 Right of withdrawal
§ 7 Provision an delivery conditions, shipping costs
§ 8 Reservation of ownership
§ 9 Price information
§ 10 Payment processing
§ 11 Receipt of e-invoices according to EN16931
§ 12 Promotional coupons and vouchers
§ 13 Safety instructions
§ 14 Warranty
§ 15 Liability
§ 16 Information on professional liability insurance pursuant to § 2 (1) No. 11 German DL-InfoV
§ 17 Note on a dispute resolution procedere
§ 18 Note on the Barrier-Free Accessibility Improvement Act (BFSG)
§ 19 Final provisions
§ 1 Scope of application and definitions
(1) These General Terms and Conditions (GTC) - as amended from time to time - apply to all business relations between Elements of DeepShift c/o Christian Goede-Diedering, Ahornstraße 5, 59505 Bad Sassendorf, Germany (hereinafter referred to as “Elements of DeepShift”) and the customer (hereinafter also referred to as “customer”, “consumer”, “entrepreneur”, “user”, “licensee” or “purchaser”, depending on the context). I shall only recognize terms and conditions that conflict with or deviate from these Terms and Conditions if I have expressly agreed to their validity in writing.
(2) Customers can be both entrepreneurs and consumers. You are a consumer within the meaning of the statutory provisions if you, as a natural person, conclude a legal transaction for purposes that can predominantly be attributed neither to your commercial nor your independent professional activity (§ 13 BGB (German Civil Code)). You are an entrepreneur if you, as a natural or legal person or a partnership with legal capacity, act in the exercise of your commercial or independent professional activity when concluding a legal transaction (§ 14 BGB (German Civil Code)).
(3) Digital products within the meaning of these GTC are digital content, i.e. data (e.g. neuromusic sessions, audio files, video files, software, eBooks, etc.) that are created and provided in digital form but are not on a physical data carrier (e.g. CD, DVD, BD, USB stick, etc.).
(4) Goods are all physical objects. If digital products are on a physical data carrier, they are “goods”. For the sake of simplicity, the terms “products”, “articles” and “goods” are used below.
§ 2 Offer and order process
(1) Offer: The presentation of the products in the online store does not constitute a legally binding offer, but only a non-binding online catalog of the range of goods. By clicking on the button “order with payment”, you as a customer place a binding order for the goods contained in the shopping cart.
(2) You can order in my online store as a guest (without a user account) or as a registered user (with a user account). The creation of a user account is free of charge and offers additional functions for the provision of digital products (see § 7 of these GTC).
(3) Order process: You can select products/articles in my online store without obligation and add them to a virtual “shopping cart” using the “Add to cart” button. The shopping cart is only displayed if there is at least one item in it. The shopping cart can be displayed at any time at the top of the website/web app using the “shopping cart” icon. The quantities of the items in the shopping cart are calculated and displayed as total prices and totals. You can use the “+” and “-” symbols to increase or decrease the quantity of each item in the shopping cart. You can remove the item from the shopping cart using the button with the “cross” symbol. (Note: You can change the language on my website at any time. However, this language change only applies to the labels of the website/web app and the online store texts (menu texts, shopping cart labels, other texts, etc.), but not to the products/items in the shopping cart. It is therefore important that you place the desired products/items in the shopping cart in the desired national language, as these are not automatically replaced if you change the national language of the website). You can initiate the checkout process via the “Proceed to Checkout” button. A “To checkout” button can be found in the shopping cart and a button is always visible in the top right website/web app area.
The “CHECKOUT” process is divided into five steps - each step can be called up again and changed via the heading (link):
(a) Step 1: Login, registration or guest order - First you will be asked whether you would like to log in with your customer account, register as a new customer or continue as a guest. Select the appropriate buttons here.
(b) Step 2: Enter the customer and delivery address (the delivery address is only displayed for goods deliveries, not for download products) - When registering as a new customer and for a guest order, the corresponding form fields must be filled in. Click on “Next” to display your address details. You can change the address yourself at any time using the “pencil” symbol. If there are items in the shopping cart that are to be shipped to you, the delivery address will also be displayed. You can also change this yourself using the “pencil symbol”.
(c) Step 3: Select the shipping method - The possible shipping service providers are displayed. Entering the country in the delivery address determines the shipping costs (Germany or parts of Europe). The exact shipping costs will be displayed. (See also § 7 of these GTC for details).
(d) Step 4: Selecting the payment method - The possible payment methods are displayed. Select the desired payment method. (See also § 10 of these GTC for details).
(e) Step 5: Check shopping cart and order - The products you have selected are displayed here in a summary. You can make changes to the quantities at any time and remove individual products from the shopping cart. A subtotal is calculated, the exact shipping costs are displayed and the total amount to be paid is calculated. The redemption of a promotional coupon/voucher code (see also § 12 of these GTC for details) takes place by entering the respective code and clicking the “ADD” button. The promotional coupon/voucher value is also deducted and the display of the total amount to be paid is updated. You can delete the promotional coupon/voucher code at any time using the “garbage can” symbol. The calculation is carried out automatically again. Below this is a brief summary of the delivery and payment method you have selected, a link to the shipping information and a reference with links to these General Terms and Conditions, the Cancellation Policy and the Privacy Policy. By clicking on the button “order with payment”, you as the customer place a binding order for the goods/products contained in the shopping cart. This completes the order process.
(2) Immediately after submitting your order, you will receive a confirmation by e-mail. After completing your order, a confirmation page about the successful checkout process will also be displayed. This confirmation page serves to inform you that your order, with the order data displayed, has been transmitted to me by the web server without technical problems and does not yet constitute a contract confirmation and contract acceptance on my part.
§ 3 Conclusion of contract, subject matter of the contract and contractual partner
(1) Conclusion of contract: The contract is concluded when my contract confirmation is sent.
(2) The subject matter of the contract is the purchase of my (digital) products and articles against payment on the basis of the respective product descriptions at the agreed price, including the rights of use and license conditions defined in more detail under § 5 of these GTC as well as the provision and delivery conditions and shipping costs listed under § 7 of these GTC.
(3) Contractual partner: The contract is concluded with Elements of DeepShift c/o Christian Goede-Diedering, Ahornstraße 5, 59505 Bad Sassendorf, Germany, phone: +49 2921 380 76 73, e-mail:
§ 4 Contract languages and contract text storage
(1) The languages available for the conclusion of the contract are English and German.
(2) I save the contract text and send you a contract confirmation with the contract content as well as the legally required information for distance selling contracts, the revocation instructions and the general terms and conditions in text form by e-mail. For security reasons, the text of the contract is no longer accessible via the Internet.
(3) The sending of the order confirmation, the contract confirmation and the sending of all information required for the conclusion of the contract is partially automated via the online store system. You must therefore ensure that the e-mail address you have provided or entered is valid and that it is technically possible to receive the e-mails in your e-mail inbox. In addition, you must ensure that access to the emails in your mailbox is not suppressed by spam filters.
§ 5 Rights of use and license conditions for digital products
(1) My digital products are protected by copyright. You may not remove or change copyright notices, serial numbers or other identification features. You are entitled to use the digital products for your personal, non-commercial or commercial purposes. I grant you the non-exclusive right to use the digital content for an unlimited time and place.
This includes:
1. loading into the working memory of your end device as well as the intended use.
2. the right to create a backup copy if this is necessary to secure your future use.
3. unless otherwise expressly agreed, the transfer to third parties, in particular by making available for download, as well as any copying not covered by the intended use, is not permitted. In particular, resale or sublicensing is not permitted.
4. you are entitled to permanently transfer the acquired digital content to another party if you have expressly informed the other party of your right of use and the license conditions, have handed over the associated files and documentation to the other party in full and at the same time have completely relinquished the use of the digital products/content yourself. This is the case if you permanently and completely delete all copies stored on your end devices and external data carriers. At my request, you must confirm the complete cessation of use in writing.
(2) If you are an entrepreneur (§14 BGB) within the meaning of these GTC, you must apply for an extended license for the public performance, public playback, public online use and other types of use of my music files, video files and audio files. In this case, please contact me via the contact form, by telephone or by e-mail.
§ 6 Right of withdrawal
(1) As a consumer, you are generally entitled to a fourteen-day right of withdrawal.
(2) You can find information about your right of withdrawal here in my withdrawal policy. You can access the revocation policy at any time via the "Right of Withdrawal" link at the bottom of the website.
(3) As part of the order confirmation and contract confirmation, I will send you the information required by law for distance selling contracts and in particular the cancellation policy and the General Terms and Conditions in text form by e-mail.
§ 7 Provision and delivery conditions, shipping costs
(1) Paid digital products will be provided by my store system immediately and free of shipping costs via download links after completion of the order and receipt of payment.
(2) Without a user account: In the case of a guest order (without a user account), the download links are sent with the contract confirmation e-mail. As there is no user account, the digital product can only be accessed via the download link in this e-mail. It is therefore advisable to make a backup copy of the e-mail on a local data carrier. Furthermore, for security and licensing reasons, it is not possible to access the other audio formats (high-res versions) of the digital product. This is only possible via a registered user account. You can create your own user account free of charge at any time.
(3) With a user account: If you already have a user account when you place an order or if a new user account is registered when you place an order, the order will automatically be linked to your user account. You can access all your purchases in the store menu under “Your orders” and also download the digital product from there. You can also access all other available audio formats (high-res versions) and start a download at any time.
(4) If your order exceeds the total amount of 250.00 euros, I will issue an electronic invoice in ZUGFeRD format (EN 16931) in addition to your order. You can display this e-invoice as a PDF file, print it out and process it electronically. You can find a free PDF reader for displaying an electronic invoice in ZUGFeRD format here: https://www.adobe.com/acrobat/pdf-reader.html
(5) My web host and I endeavor to keep the web server running 24 hours a day, seven days a week, 365 days a year (availability 99.9%). Nevertheless, technical failures of the web server or the Internet cannot always be ruled out. If, for reasons for which I am not responsible (e.g. force majeure, strike, etc.), the automatic provision of digital products via my website is not possible, I am permitted, after consultation, to provide the digital products within 24 hours via a web drive, FTP download or e-mail.
(6) Maintenance work: If maintenance work on my systems could affect the provision of the digital products, a corresponding announcement will be made at least three days in advance. This should allow sufficient time to carry out the corresponding downloads. Otherwise, please contact support via email:
(7) For logistical reasons, it is only possible to collect ordered goods or digital products on data carriers on site by prior arrangement and in exceptional cases. Please also contact support in this case. E-mail:
(8) If you as a customer are a consumer within the meaning of § 13 BGB (German Civil Code), the risk of accidental loss and accidental deterioration of the item sold shall only pass to you when the item is handed over to you, even in the case of sale by dispatch. If you as the buyer are in default of acceptance, this shall be deemed equivalent to handover. Delivery shall be made to the delivery address you have specified. If you as the customer are an entrepreneur (§ 14 BGB (German Civil Code)), delivery is always at your risk.
(9) Delivery within Germany costs 3.90 euros per order. From a value of goods of 39,00 Euro I ship free of charge within Germany. Digital products are free of shipping costs and are not included in the calculation of the value of the goods.
(10) Delivery to parts of Europe costs 14.90 euros per order. From a value of goods of 39.00 Euro I ship free of shipping costs within parts of Europe. Digital products are free of shipping costs and are not included in the calculation of the value of the goods. Please note: Due to the different requirements and standards of the packaging laws within the EU, non-digital products (USB stick, CD, DVD, BR) and goods (fragrance mixtures, room sprays etc.) are not sent to all EU countries. We only ship to the following EU countries: Belgium, Denmark, Estonia, Ireland, Italy, Croatia, Latvia, Malta, the Netherlands, Norway, Slovenia, the Czech Republic and Hungary.
(11) If you are an entrepreneur or merchant within the meaning of the German Commercial Code (HGB), the goods must be inspected for transport damage immediately upon receipt by you as the customer or by your authorized representative. If you are a merchant within the meaning of the German Commercial Code (HGB), you must obtain written confirmation from the transport company upon acceptance of the goods and report this to Elements of DeepShift c/o Christian Goede-Diedering.
(12) If you are a consumer within the meaning of § 13 BGB (German Civil Code), I ask you - without any legal obligation - to also notify me of any obviously recognizable transport damage.
§ 8 Reservation of ownership
(1) If you are a consumer within the meaning of § 13 BGB (German Civil Code), the delivered goods (reserved goods) remain my property until full payment of all claims arising from the contract.
(2) If you are an entrepreneur within the meaning of § 14 BGB (German Civil Code), the following points 1-4 apply
1. the delivered goods (reserved goods) shall remain my property until full payment of all present and future claims arising from the purchase contract and an ongoing business relationship (secured claims).
2. if you as the buyer are in arrears with the payment of the purchase price, I have the right to withdraw from the purchase contract and to demand the return of the reserved goods from you as the buyer, provided that I have unsuccessfully set you as the buyer a reasonable deadline for payment. This does not apply if the setting of a deadline is dispensable according to the statutory provisions. The demand for return does not at the same time include a declaration of withdrawal; rather, I am entitled to merely demand the return of the goods and reserve the right to withdraw from the contract. In the event of conduct in breach of contract, I may demand that you as the buyer disclose the assigned claims and the respective debtors, inform the respective debtors of the assignment and hand over to me all associated documents and provide all information that I require to assert the claims.
3. Until full payment of the secured claim, the reserved goods may neither be pledged to third parties nor assigned as security.
4. If you as the buyer file for insolvency, you must inform me immediately in writing. If the goods subject to retention of title are seized by third parties or are subject to other interventions by third parties, you as the buyer are obliged, as long as ownership has not yet been transferred to you, to inform the third party of my ownership rights and to notify me immediately in writing so that I can enforce my ownership rights. As the buyer, you shall be liable to me as the seller for any court or out-of-court costs incurred in this connection in accordance with Section 771 of the German Code of Civil Procedure (ZPO), unless the third party is able to reimburse me for these costs.
§ 9 Prices
The prices quoted are final prices and free of shipping costs (digital download). According to § 19 UStG (Value Added Tax Act) I am exempt from VAT and therefore do not show it on invoices, in my online shop or elsewhere.
§ 10 Payment processing
The possible payment options are indicated by symbols in the store under "Payment methods". The following payment options are available to you in the online store and can be selected in the checkout process and can also be changed until the checkout process is completed:
No. 1: Payment via PayPal
In order to offer you the simplest, cheapest and most secure payment method possible, I have integrated payment via PayPal on my website. PayPal fulfills the requirements for data protection and data security in payment transactions. All transfers of your data to or from PayPal are encrypted. You must be registered with PayPal and legitimize yourself with your PayPal access data in order to confirm a payment. If you pay with PayPal, you will be automatically redirected from my online store to PayPal's encrypted website after the checkout process and back to my website once the payment process is complete. Payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, available at: https://www.paypal.com/de/webapps/mpp/ua/legalhub-full?locale.x=en_EN
No. 2: Payment by bank transfer (prepayment)
If you choose the option "bank transfer", you will receive an order confirmation via e-mail with my bank details. Payment is due immediately, unless we have made other arrangements in this regard. Please note: With this payment option, digital content will only be provided after you have transferred the full amount and the amount has been credited to my bank account - this may take up to two days in Germany and possibly longer in other EU countries or internationally.
§ 11 Receipt of e-invoices according to EN16931
As a corporate customer, please send your e-invoices in accordance with EN16931 to:
§ 12 Promotional coupons and vouchers
I offer the redemption of promotional coupons and vouchers via my store system. What is the difference?
(1) Promotional coupons are published and distributed by me free of charge as part of promotional campaigns. Promotional coupons can show both a specific euro amount, which is deducted from the total amount of an order when redeemed, as well as a percentage by which the total amount is reduced when redeemed. Promotional coupons may be limited in time (e.g. “to be redeemed by [date]”) or only valid for promotional periods and may be restricted to certain products, product groups, customers or customer groups. Details of the redemption conditions can be found in the respective promotional coupon. Promotional coupons can only be redeemed in my online store, unless otherwise stated in a promotional coupon.
(2) Newsletter promotion coupon: I will send subscribers to my newsletters a coupon code as a thank you for signing up. I reserve the right to grant this voucher code as a percentage discount or as a fixed discount amount in euros and to limit the period of validity or the validity period. Details can be found in the special conditions for the newsletter promotion coupon (see newsletter menu).
(3) Promotional coupons can be redeemed once per order process during the checkout process (“CHECKOUT”) and cannot be subsequently entered or offset. If the value of the promotional coupon exceeds the order total, the excess coupon amount will not be paid out or otherwise offset. The value of the promotional coupon should therefore be at least equal to or less than the order value. Any difference to the order value can be settled using one of the payment methods offered.
(4) If you make effective use of your statutory right of withdrawal, the difference paid by you will be refunded. A refund of coupon amounts from the used promotional coupon as well as a claim for a new promotional coupon are excluded in this context. Basic information on the right of withdrawal can be found here or via the menu item Right of withdrawal at the bottom of the website.
(5) Vouchers (gift vouchers) can be ordered in the store and have a voucher value in euros, which is deducted from the total amount of an order when redeemed. Vouchers must be redeemed within three years from the date of purchase in my online store, unless otherwise stated in the voucher.
(6) Each voucher has an individual voucher code that can be used during the checkout process ("CHECKOUT") for each order process, like a means of payment, up to the stated voucher value. The voucher code should therefore never be passed on to third parties. A voucher code cannot be subsequently used or offset outside of this order process. If the value of the voucher exceeds the order total, the remaining voucher value is retained and can be used for further orders with the same voucher code. If your order exceeds the voucher value, the difference to the order value can be settled using one of the payment methods offered. If the voucher code is then used a second time, even though the voucher value has been reached or used, a message will be displayed in the shopping cart or checkout process. If you have any questions or problems with a voucher, please contact support:
(7) If you make effective use of your statutory right of withdrawal, the difference paid by you will be refunded and the original voucher value restored. You will receive a separate notification of this. Basic information on the right of withdrawal can be found here or via the link "Right of withdrawal" at the bottom of the website.
(8) A credit amount from a voucher can only be refunded to a bank account. Payment in cash is not possible. Likewise, no interest will be paid on the credit amounts of vouchers.
§ 13 Safety instructions
Loud music and other loud audio or video content can damage your hearing! To protect your hearing, turn the volume control on your audio source all the way down before putting on headphones or using speakers. Then set the volume to a comfortable level and keep it there. The same applies to VR goggles, always turn the volume down first to protect your hearing. Please observe the safety instructions and warnings as well as the information provided by the respective device manufacturer. In addition, please also observe my notes, safety instructions and warnings. With regard to the application and content selection, corresponding instructions, warnings etc. are enclosed with my digital products. If you have any questions, please contact support by e-mail:
§ 14 Warranty
(1) The statutory warranty law of the Federal Republic of Germany applies, in particular the warranty is determined according to §§ 327d ff. of the German Civil Code (digital products).
(2) General information and further information on your warranty rights for digital products and goods can be found, for example, at the European Consumer Center Germany at: https://www.evz.de/en/shopping-internet/guarantees-and-warranties.html
§ 15 Liability
(1) I shall be liable in cases of intent or gross negligence on my part or on the part of my representative or vicarious agent as well as in cases of culpably caused injury to life, limb or health in accordance with the statutory provisions. Otherwise, I shall only be liable under the Product Liability Act, for culpable breach of material contractual obligations or insofar as I have fraudulently concealed the defect or assumed a guarantee for the quality of the delivery item. However, the claim for damages for the culpable breach of essential contractual obligations shall be limited to the foreseeable damage typical for the contract, unless another of the cases listed in sentence 1 or sentence 2 applies at the same time.
(2) The provisions of the above paragraph 1 shall apply to all claims for damages (in particular for damages in addition to performance and damages in lieu of performance), irrespective of the legal grounds, in particular due to defects, breach of duties arising from the contractual obligation or tort. They also apply to claims for compensation for futile expenses.
(3) A change in the burden of proof to your disadvantage as the "Customer" is not associated with the above provisions.
§ 16 Information on professional liability insurance pursuant to § 2 (1) No. 11 German DL-InfoV
(1) Name and address of the insurer:
Continentale Sachversicherung AG
Continentale-Allee 1
44269 Dortmund
(2) Territorial scope:
Federal Republic of Germany
§ 17 Note on a dispute resolution procedere
We are not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.
§ 18 Note on the Barrier-Free Accessibility Improvement Act (BFSG)
In accordance with legal provisions, we are exempt from the scope of accessibility requirements and thus from the obligation to create and provide an accessibility statement. Nevertheless, we strive to design and offer our digital services in an accessible manner on a voluntary basis. If you encounter any barriers when using our online offerings, websites, or web apps, we would be very grateful if you could bring these issues to our attention and contact us. Email:
§ 19 Final provisions
If you are an entrepreneur, German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between me and you is my place of business.
Copyright © 2024-2025 - Elements of DeepShift c/o Christian Goede-Diedering | https://deepshiftrecords.com | All rights reserved.
As of: October 3, 2025