Section 1 - Scope and provider
1.1. These general terms and conditions apply to all orders that you place with this online shop provided by:
VAT: BE 0789 915 342
VAT: BE 0789 915 342
1.2. The goods offered in our online shop are intended exclusively for buyers who have reached the age of 18 years and are to be regarded as companies.
1.3. Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions.
1.4. You can call up and print out the currently valid General Terms and Conditions on the website.
Section 2 - Conclusion of contract
2.1. The presentation of goods in the online shop does not constitute a binding application for the conclusion of a sales contract. Rather, it is a non-binding request to order goods in the online shop.
2.2. By clicking the button ["Continue to payment"] you submit a binding purchase offer - Art. VI.46 CDE). Immediately before placing this order, you can check the order again and correct it if necessary.
2.3. The contract is only concluded by activating the content or providing a link.
Section 3 - Prices
The prices stated on the product pages are “net” and do not include the respective statutory value-added tax and the respective shipping and delivery costs.
Section 4 - Terms of Payment - Default
4.1. Payment can be made either by credit card, Paypal or direct debit.
4.2. The choice of the available payment methods is incumbent on us. In particular, we reserve the right to offer you only selected payment methods for payment, e.g. advance payment only to secure our credit risk.
4.3. In the case of payment by credit card, the purchase price will be reserved on your credit card at the time of ordering (authorisation). The actual charge to your credit card account will be made at the time we ship the goods to you.
4.4. If you pay with PayPal, you will be redirected to the website of the online provider PayPal during the ordering process. To be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. You will receive further information during the ordering process. The payment transaction is carried out automatically by PayPal immediately afterwards.
4.5 If you pay by direct debit, you may have to bear the costs incurred as a result of a reverse posting of a payment transaction due to lack of bank account coverage or due to incorrect bank account data transmitted by you.
4.6. If you fall into arrears with a payment, you shall be obliged to pay the statutory default interest in the amount of 6 percentage points above the base rate. You will be charged a reminder fee of EUR 2.50 for each reminder letter sent to you after the default has occurred, unless a lower or higher damage is proven in the individual case.
Section 5 - Set-off/Retention Right
5.1. You shall only be entitled to a right of set-off if your counterclaim has been legally established, is not disputed or acknowledged by us or has a close relationship to our claim.
5.2. You may only exercise a right of retention if your counterclaim is based on the same contractual relationship.
Section 6 - Delivery
6.1. Unless otherwise agreed, the goods shall be delivered by providing a link. This can be activated by you and starts the download to the storage medium selected by you.
6.2. It is the responsibility of the user to provide suitable software that enables the files and content to be opened, edited and printed out properly.
Section 7 - Licenses & Rights of Use:
7.1. Minor Releases: you may use the loops / compositions / instrumentals provided by GRAUX (= “the Material”) for Recordings on your own personal projects, independent releases, beat tapes, and mix tapes that are not distributed or released via a "Major Label" (i.e., SonyBMG, UMG, WEA, or their subsidiaries) or "Large Indie Label" (i.e., Alamo, Empire, 300, E1 or comparable label) (each such release, a "Minor Release") at no additional cost apart of the License Fee as foreseen in Section 3.
7.2. Major Releases: for Recordings to be distributed or released via a Major Label or Large Indie Label, or any Minor Release of an artist having an existing single or album with over 3.000.000 (three million) streams across all digital platforms (Spotify, Deezer, Apple Music…) (each such release, a "Major Release"), you shall be required to:
(a) Contact Sébastien Graux (firstname.lastname@example.org) to get clearance for use of the Material before any exploitation (including synchronization license) by negotiating a split of any Flat Fee, Producer Royalty and/or Publishing percentage
(b) I all cases provide Sébastien Graux with a producer credit “GRAUX” and add this credit “Guitars by Sébastien GRAUX” on the liner notes of any singles or albums (in any configuration), in advertisements, on online platforms descriptions (YouTube, Soundcloud…) and wherever metadata permits on all DSP’s (i.e. Digital Streaming Platforms: Spotify, Apple Music, Genius, Deezer…)
Failure to comply with this obligation related to Major Releases will result in an equal split of all earnings of the tracks.
7.3. In exchange for your payment of the license fee ("License Fee") associated with the applicable Material via this website or in attachment of any e-mail or file transfer, we grant you a non-exclusive, non-transferable, publicly perform, distribute, transmit, perpetual right in combination with other sounds in music productions to create new recordings ("Recording(s)"), which shall be considered "derivative works" as that term is used in the United States Copyright Act. This license permits you to modify, reproduce, publicly perform, distribute, transmit, sublicense, and otherwise use the Material as incorporated in your Recording, including for commercial purposes, subject to the following restrictions:
7.3.1. You may not use or sublicense the Material in isolation as sound effects, loops, or as source material for any other form of Material
7.3.2. You may not use or sublicense the Material in a manner competitive to us or redistribute Material in new sample packs
7.3.3. You may not sublicense, sell, loan, share, lend, broadcast, rent, lease, assign, distribute, or transfer any Material to a third party except as incorporated into a Recording. Any illegal reselling of products composed, recorded and produced by GRAUX will be subjected to a 250$ fine per product to the third party reseller / provider payable within a 7 days before legal actions are took against the offending party. Note that this applies to every different domains used by the provider.
7.4. Any files not bought directly from this online store -www.sebastiengraux.be & sebastiengrrrr.beatstars.com - might be subjected to different conditions. You are not allowed to share this material with any third party or to sell it without a written agreement from Sébastien Graux.
7.5. The granting of the rights of use by the seller is subject to the condition precedent of full payment of the purchase price.
Section 8 – Personal data
8.1. Sébastien Graux respects the European General Data Protection Regulation 2016/679 of 27 April 2016 (G.D.P.R) dispositions on the processing of personal data. The client has a right to access, modify, rectify and delete data concerning him by contacting email@example.com
8.2. Sébastien Graux undertakes not to communicate the details of its customers to a third party without prior agreement.
Section 9 - Final provisions
9.1. Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
9.2. Contracts between us and you shall be governed exclusively by Belgian law to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Convention").
9.3. The place of jurisdiction for all disputes arising from or in connection with this contract between us and you will be the Luxemburg.
Section 10 - Return / Refund Policy
If you are not 100% satisfied with your purchase, you can return the product and get a full refund or exchange the product for another one, be it similar or not. You can return a product for up to 30 days from the date you purchased it.