Terms of service
TERMS OF SERVICE
Last updated: November 14, 2025
Welcome to Living Electronics. Please read these Terms of Service carefully before using our website or purchasing our products.
By accessing our website at living-electronics.com or making a purchase, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing our services.
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1. OVERVIEW
Living Electronics, operated by Marc-Oliver Weser ("we," "us," or "our"), operates this e-commerce store offering digital audio products including sample packs, synthesizer presets, MIDI files, and related digital content for music production. These Terms of Service govern your use of our website and purchase of our products.
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2. DEFINITIONS
"Content" refers to all audio samples, loops, sound recordings, one-shots, synthesizer presets, instrument presets, MIDI files, and any other digital materials included in Living Electronics products.
"Digital Products" refers to all downloadable content sold on our website.
"You" or "Customer" refers to the person or entity purchasing and/or using our products.
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3. DIGITAL PRODUCT NATURE
All products sold by Living Electronics are digital goods delivered electronically. Our products include but are not limited to:
- Audio sample packs (.WAV files)
- Synthesizer presets (Serum presets)
- MIDI files
- Drum kits and loops
- Related digital audio content
Products are made available for immediate download after successful payment confirmation. You will receive a download link via email and/or through your account on our website.
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4. PURCHASE AGREEMENT
By completing a purchase on Living Electronics, you acknowledge and agree that:
a) You are at least 18 years of age or have parental/guardian consent to make purchases
b) You have provided accurate and complete purchase information
c) You understand that all products are digital downloads with no physical shipment
d) You consent to immediate electronic delivery of digital content
e) You have read and agree to these Terms of Service, our Privacy Policy, and our License Agreement
f) You waive your right of withdrawal as outlined in Section 6
g) You understand and accept our No Refunds Policy as outlined in Section 5
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5. REFUND POLICY - NO REFUNDS
**ALL SALES ARE FINAL**
Due to the nature of digital products and immediate access upon purchase, we do not offer refunds, returns, exchanges, or cancellations under any circumstances once you have received access to download the product.
**No refunds will be provided for:**
- Change of mind or buyer's remorse
- Compatibility issues with your software or hardware (system requirements are listed on product pages)
- Lack of technical knowledge or experience to use the products
- Duplicate purchases (please check your purchase history before ordering)
- Products that do not meet your personal expectations or creative preferences
- Downloaded products, even if not opened, used, or installed
- Dissatisfaction with sound quality or content
- "I didn't read the product description properly"
- Any reason after the download link has been accessed
**Technical Support - Not Refunds:**
If you experience legitimate technical issues with downloading or accessing your purchased product files, such as:
- Corrupted or incomplete files
- Broken download links
- Missing content from the product package
- File format incompatibilities (where not disclosed on product page)
Please contact us at oliver@living-electronics.com within 7 days of purchase. We will assist you in resolving technical issues by providing replacement files or alternative download methods. However, technical support does not constitute grounds for a refund.
**Exceptions:**
We reserve the right to issue refunds at our sole discretion only in exceptional circumstances, such as:
- Product was charged but never delivered due to technical error on our end and we cannot provide the files
- Proven unauthorized use of your payment method (with valid documentation)
- Other extraordinary circumstances determined on a case-by-case basis
**Chargebacks:**
Initiating an unauthorized chargeback or payment dispute for a validly delivered digital product may result in:
- Permanent ban from future purchases
- Legal action to recover costs and damages
- Reporting to fraud prevention agencies
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6. RIGHT OF WITHDRAWAL / WIDERRUFSRECHT
**For EU/EEA Customers:**
According to EU Consumer Rights Directive 2011/83/EU and applicable national laws (including German BGB § 356), consumers have the right to withdraw from distance contracts within 14 days without giving any reason.
**However, this right does NOT apply to digital content supplied on a non-tangible medium if:**
- Performance has begun with your prior express consent, AND
- You acknowledged that you lose your right of withdrawal once performance begins
**By purchasing from Living Electronics, you expressly:**
- Consent to immediate delivery of digital content
- Acknowledge that the download link will be provided immediately upon payment confirmation
- Understand that accessing or downloading the product begins performance of the contract
- Waive your right of withdrawal once you have accessed or downloaded the product
**This means:** Once you download or access the product, you cannot exercise your right of withdrawal and no refund will be provided.
**For Non-EU Customers:**
Digital product purchases are final upon download. No refunds, returns, or exchanges are offered.
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7. LICENSE GRANT
All Content remains the exclusive property of Living Electronics. The Content is licensed, not sold, to you.
By purchasing our products, you receive a non-exclusive, non-transferable, worldwide, perpetual license to use the Content in accordance with our detailed License Agreement, which forms an integral part of these Terms of Service.
**You ARE ALLOWED to:**
- Use the Content in your original musical compositions (commercial or non-commercial)
- Release music containing the Content on streaming platforms, physical media, and digital downloads
- Monetize your finished compositions on YouTube and streaming services
- Keep 100% of earnings and royalties from music released using the Content
- Use the Content in soundtracks, films, games, and audio-visual projects
- Modify and process the Content using standard audio production techniques
**You ARE NOT ALLOWED to:**
- Share, resell, redistribute, or give away the Content
- Include the Content in competing sample libraries or preset packs
- Upload raw Content to file-sharing services, cloud storage accessible by others, or AI training systems
- Use the Content in isolation as sound effects or loops sold to third parties
- Transfer or sublicense your license to others
- Claim ownership of the original Content
For complete license terms, please refer to our full License Agreement available on our website.
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8. SINGLE USER LICENSE
Each purchase constitutes one license for one individual user only.
- If purchased by a company, the license permits use by one designated individual within that entity
- Each person who wishes to use the Content must hold a separate license
- You may install the Content on multiple devices you personally own, but cannot share access with others
- The license is non-transferable
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9. INTELLECTUAL PROPERTY
All Content, including audio files, presets, MIDI files, product descriptions, images, logos, and website design, remains the exclusive intellectual property of Living Electronics and/or its licensors.
This purchase grants you usage rights only and does not transfer ownership, copyright, or any other intellectual property rights.
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10. PROHIBITED ACTIVITIES
You agree not to:
- Violate any applicable laws or regulations
- Infringe on any intellectual property rights
- Distribute, share, or resell our products without authorization
- Use the Content for AI training, machine learning, or similar technologies
- Reverse engineer, decompile, or disassemble our products
- Engage in unauthorized commercial use outside the scope of the license
- Upload Content to platforms where others can access it as separate files
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11. THIRD-PARTY CLAIMS AND CONTENT ID DISCLAIMER
**IMPORTANT NOTICE:**
Multiple customers may legally use the same Content in their respective musical compositions. This is permitted under our license.
**Living Electronics is NOT responsible for:**
- Copyright claims or Content ID matches between different licensees using the same Content
- Disputes arising when multiple users upload compositions containing the same licensed Content
- Platform-specific copyright detection systems flagging similarities
- Any conflicts, claims, or disputes between licensees or with third parties
**You acknowledge and accept that:**
- Other users may create similar-sounding works using the same licensed Content
- You may encounter Content ID or copyright detection matches on platforms like YouTube
- You are responsible for resolving any disputes with platforms or other users
- Living Electronics will not mediate, intervene, or accept liability for such disputes
- You should keep proof of purchase for dispute resolution purposes
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12. ACCOUNT AND SECURITY
If you create an account on our website:
- You are responsible for maintaining the confidentiality of your account credentials
- You are responsible for all activities that occur under your account
- You must notify us immediately of any unauthorized use
- We reserve the right to terminate accounts that violate these Terms
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13. PRIVACY AND DATA PROTECTION
We collect and process personal information in accordance with our Privacy Policy. By using our services, you consent to such processing and warrant that all data provided is accurate.
We use cookies and tracking technologies, including the Meta Pixel, for marketing and analytics purposes. For more information, see our Privacy Policy and Cookie Policy.
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14. WEBSITE USE
You agree to use our website only for lawful purposes. You may not:
- Attempt to gain unauthorized access to our systems
- Interfere with the proper functioning of the website
- Transmit viruses, malware, or harmful code
- Scrape, harvest, or collect data from the website using automated means
- Impersonate any person or entity
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15. AVAILABILITY AND MODIFICATIONS
We reserve the right to:
- Modify, suspend, or discontinue any aspect of our website or products at any time
- Update product content, pricing, and descriptions without prior notice
- Refuse service to anyone for any reason
- Update these Terms of Service (changes will be posted with an updated date)
Continued use of our services after changes constitutes acceptance of the revised terms.
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16. WARRANTIES AND DISCLAIMERS
**The Content and website are provided "AS IS" without warranty of any kind.**
We do not guarantee that:
- The Content is error-free or will meet your specific requirements
- The Content will work with your particular hardware or software configuration
- Our website will be uninterrupted, secure, or error-free
- Any defects will be corrected
We disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
**We are not responsible for:**
- Compatibility issues with third-party software, hardware, or plugins
- User error or lack of technical knowledge
- Changes in third-party software that affect product functionality
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17. LIMITATION OF LIABILITY
To the maximum extent permitted by law, Living Electronics shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from:
- Use or inability to use the Content or website
- Any copyright claims, Content ID matches, or disputes between users
- Platform-specific issues, restrictions, or policies
- Technical issues, incompatibilities, or system failures
- Loss of profits, revenue, data, business opportunities, or goodwill
- Claims by third parties
- Unauthorized access to or alteration of your data
**Our total aggregate liability under these Terms shall not exceed the amount you paid for the product.**
**Nothing in these Terms excludes or limits liability for:**
- Fraud or fraudulent misrepresentation
- Death or personal injury caused by negligence
- Any other liability which cannot be excluded under applicable law
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18. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Living Electronics, its operators, and affiliates from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:
- Your use of the Content or website
- Your violation of these Terms
- Your violation of any rights of third parties
- Your violation of applicable laws or regulations
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19. TERMINATION
We reserve the right to terminate or suspend your access to our website and products immediately, without prior notice, for any reason, including:
- Breach of these Terms of Service
- Violation of our License Agreement
- Fraudulent or illegal activity
- Chargebacks or payment disputes
Upon termination:
- Your license to use the Content terminates immediately
- You must cease all use and delete all copies of the Content
- Sections that by their nature should survive (ownership, liability limitations, etc.) shall survive
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20. DISPUTE RESOLUTION
**Governing Law:**
These Terms shall be governed by and construed in accordance with the laws of Germany, without regard to conflict of law provisions.
**Jurisdiction:**
Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts in Dresden, Germany.
**EU Consumer Rights:**
If you are a consumer residing in the European Union, nothing in these Terms affects your statutory rights under applicable consumer protection laws, and you may bring proceedings in the courts of your country of residence.
**Informal Resolution:**
We encourage you to contact us first at oliver@living-electronics.com to resolve any disputes informally before pursuing formal legal action.
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21. SEVERABILITY
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid while preserving the original intent.
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22. ENTIRE AGREEMENT
These Terms of Service, together with our Privacy Policy and License Agreement, constitute the entire agreement between you and Living Electronics regarding our products and services.
No modification of these Terms shall be effective unless made in writing and authorized by Living Electronics.
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23. NO WAIVER
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
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24. ASSIGNMENT
You may not assign or transfer these Terms or your license to any third party. Living Electronics may assign its rights and obligations under these Terms without restriction.
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25. CONTACT INFORMATION
For questions about these Terms of Service, refund inquiries, technical support, or to report violations:
**Living Electronics**
Operated by: Marc-Oliver Weser
Email: oliver@living-electronics.com
Address: Wittenberger Straße 92, 01277 Dresden, Germany
Website: living-electronics.com
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ACCEPTANCE
By purchasing, downloading, accessing, or using our products or website, you acknowledge that you have read these Terms of Service, understand them, and agree to be bound by all terms and conditions.
Your purchase or use constitutes your acceptance of these Terms.
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