Effective Date: 23 April 2025
Last Updated: 23 April 2025

§ 1 Company Information

This Refund and Returns Policy (“Policy”) applies to all purchases made on the website musicsofteurope.eu, operated by:

Midipiraten (UG haftungsbeschränkt)
An den Bänken 3
12589 Berlin
Germany

(hereinafter referred to as “we”, “us”, or “the Company”).

By completing a purchase on musicsofteurope.eu, you confirm that you have read, understood, and agree to be bound by this Policy.

§ 2 Scope of Products

The Company sells exclusively digital goods, specifically:

MIDI data files such as MIDI-Song-Files, MIDI-Style-Files or Registration Data (“MIDI data”)
Digital software products such as “Sound and Style Expansion Packs” (“Software”)

All products sold via musicsofteurope.eu are intangible digital goods that are delivered electronically — either by download via a secure link or by transmission to the customer’s email address.

§ 3 Applicable Law and Right of Withdrawal

3.1 General Principle — EU Consumer Rights Directive

Pursuant to Article 16(m) of Directive 2011/83/EU of the European Parliament and of the Council on Consumer Rights (as implemented in German law under § 356 (5) BGB — Bürgerliches Gesetzbuch), the statutory right of withdrawal (Widerrufsrecht) does not apply to contracts for the supply of digital content that is not supplied on a physical medium, provided that:

performance has begun with the consumer’s prior express consent; and
the consumer has acknowledged that they thereby lose their right of withdrawal.

3.2 Loss of Right of Withdrawal

By completing a purchase and initiating a download or requesting delivery by email, the customer expressly consents to the immediate commencement of the performance of the contract and acknowledges that their statutory right of withdrawal expires upon the commencement of such performance.

Important Notice: Once a digital product (MIDI data or Software) has been downloaded by the customer, or once the product has been dispatched to the customer’s email address, no refund or return is possible. The right of withdrawal is expressly waived and extinguished at that moment in accordance with applicable EU and German law.

§ 4 No-Refund Policy for Digital Downloads

4.1 General Rule

All sales of MIDI data and Software are final. We do not offer refunds, replacements, or credits once:

the customer has initiated or completed a download of the purchased product; or
the purchased product has been sent to the customer’s registered email address.

This applies regardless of whether the customer has actually opened, installed, used, or listened to the product after delivery.

4.2 Pre-Download / Pre-Delivery Cancellations

A customer may request cancellation of a purchase only prior to the initiation of a download or prior to the dispatch of the product by email. Such requests must be submitted without undue delay by contacting us at the contact address listed in § 8 of this Policy. Once delivery has commenced, cancellation is no longer possible.

§ 5 Exceptions — Defective or Incorrectly Delivered Products

5.1 Defective Products

Notwithstanding the no-refund rule in § 4, customers retain their statutory rights under German law (§§ 434 et seq. BGB — Sachmangel / defect of conformity) if a delivered product is materially defective. A product is considered defective if:

the file is corrupted or cannot be opened with standard software;
the file does not correspond to the product description as published on the website at the time of purchase; or
a technically incorrect or incomplete file was delivered.

In the event of a confirmed defect, we reserve the right to cure the defect by delivering a corrected replacement file. If cure is not possible within a reasonable period, the customer may be entitled to a price reduction or, in exceptional circumstances, rescission of the contract in accordance with applicable law.

5.2 Incorrect Delivery

If a customer receives a product that is materially different from the product ordered (e.g., a wrong MIDI file or wrong software product), the customer must notify us within 14 (fourteen) days of receipt. We will provide the correct product free of charge or, if this is not possible, issue a full refund.

5.3 Procedure for Claims

To assert a claim under this § 5, the customer must:

contact us at the email address provided in § 8 within 14 days of delivery;
provide the order number, a description of the defect or error, and any supporting evidence (e.g., screenshots, error messages); and
cooperate with us in diagnosing and resolving the issue.

Claims submitted outside the 14-day notification period may not be accepted, unless the defect was latent and could not reasonably have been discovered earlier.

§ 6 Business Customers

If a purchase is made by a legal entity or a natural person acting in the exercise of their trade, business, craft, or profession (“Business Customer”), the statutory consumer protection provisions referenced in this Policy do not apply. Business Customers purchase all digital products strictly on an “as-is” and “no-refund” basis, except where mandatory statutory provisions of German commercial law apply.

§ 7 Chargebacks and Payment Disputes

Initiating a chargeback or payment dispute through a payment provider without first contacting us in accordance with § 5.3 of this Policy constitutes a breach of these terms. We reserve the right to take appropriate legal and technical measures in response to unjustified chargebacks, including the suspension of the customer’s account and the pursuit of claims for any resulting damages and costs.

§ 8 Contact Information

For all enquiries relating to this Policy, product defects, or delivery errors, please contact:

Midipiraten (UG haftungsbeschränkt)
An den Bänken 3
12589 Berlin
Germany

Website: musicsofteurope.eu

We endeavour to respond to all written enquiries within 5 (five) business days.

§ 9 Amendments to this Policy

We reserve the right to amend this Policy at any time. Amendments will be published on musicsofteurope.eu and will take effect upon publication. The Policy applicable at the time of purchase shall govern the respective transaction.

§ 10 Governing Law and Jurisdiction

This Policy and all matters arising from it shall be governed by and construed in accordance with the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

For disputes with consumers, mandatory provisions of the consumer’s country of residence may also apply, in particular for customers resident in other EU Member States.

The place of jurisdiction for all disputes with Business Customers is Berlin, Germany, to the extent permitted by law.

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