WEBSITE TERMS & CONDITIONS

These terms and conditions outline the rules and regulations for the use of the Website owned by C. Bechstein Digital GmbH, located at www.digitaize.eu 

By accessing this website and using our services you agree to these terms and conditions. PLEASE READ THEM CAREFULLY! Do not continue to use www.digitaize.eu if you do not agree to take all of the terms and conditions stated on this page. Please review also our Privacy Notice, which also governs your use of our services, to understand our practices. Also additional terms and agreements can be applicable, e.g. if you download or use a software or app. You will be – in any case – always be asked to read and confirm agreements of any kind-

C. Bechstein Digital GmbH is located at:

Kantstraße 17
10623 Berlin

The following terminology applies to these Terms and Conditions, the Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Germany. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

  • COOKIES

We employ the use of cookies. By accessing www.digitaize.eu, you will be asked to agree to the use of cookies in agreement with the Privacy Policy.

Most interactive websites use cookies to let us retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

  • COPYRIGHT

All content included in or made available through any C. Bechstein Digital GmbH service, such as text, graphics, 3D CAD files, logos, icons, images, music scores, audio or video clips, augmented / virtual / mixed reality content, digital downloads, data compilations, and software is the property of C. Bechstein Digital GmbH or its content suppliers and protected by European and international copyright laws.

  • TRADEMARKS

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any C. Bechstein Digital GmbH service are trademarks in the EU and other countries. Our trademarks must not be used in connection with any product or service that is not C. Bechstein Digital’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits C. Bechstein Digital GmbH. All other trademarks not owned by C. Bechstein Digital GmbH that appear in any C. Bechstein Digital GmbH service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by C. Bechstein Digital GmbH.

  • PATENTS

Some of our solutions are patented. Products you buy on C. Bechstein Digital GmbH or is feature by any C. Bechstein Digital GmbH service may operate under license of one or more patents.

  • LICENSE

Unless otherwise stated, C. Bechstein Digital GmbH and/or its licensors own the intellectual property rights for all material on www.digitaize.eu. All intellectual property rights are reserved. You may access this from www.digitaize.eu for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

  • Republish material from www.digitaize.eu

  • Sell, rent or sub-license material from www.digitaize.eu

  • Reproduce, duplicate or copy material from www.digitaize.eu

  • Redistribute content from www.digitaize.eu

If you should want to do any of the above mentioned your need C. Bechstein Digital GmbH´s written consent. Contact us at contact@digitaize.eu to start discussions on this.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. C. Bechstein Digital GmbH does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of C. Bechstein Digital GmbH, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, C. Bechstein Digital GmbH shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

C. Bechstein Digital GmbH reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

  • You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;

  • The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;

  • The Comments do not contain any defamatory, libellous, offensive, indecent or otherwise unlawful material which is an invasion of privacy

  • The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

  • Hyperlinking to our Content

The following organizations may link to our Website without prior written approval:

  • Government agencies;

  • Search engines;

  • News organizations;

  • Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and

  • System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Website information so long as the link:

(a) is not in any way deceptive;

(b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and

(c) fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

  • commonly-known consumer and/or business information sources;

  • business and community sites;

  • associations or other groups representing charities;

  • online directory distributors;

  • internet portals;

  • accounting, law and consulting firms; and

  • educational institutions and trade associations.

We will approve link requests from these organizations if we decide that:

(a) the link would not make us look unfavourably to ourselves or to our accredited businesses;

(b) the organization does not have any negative records with us;

(c) the benefit to us from the visibility of the hyperlink compensates the absence of my site; and

(d) the link is in the context of general resource information.

These organizations may link to our home page so long as the link:

(a) is not in any way deceptive;

(b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and

(c) fits within the context of the linking party’s site.

If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to contact@digitaize.eu . Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Please wait approx. 2 weeks for a response.

Approved organizations may hyperlink to our Website as follows:

  • By use of our corporate name; or

  • By use of the uniform resource locator being linked to; or

  • By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.

  • Eventually also use of C. Bechstein Digital GmbH´s logo or other artwork

You will receive a written statement on this, which comes into vigor by signature of both of the parties.

  • iFrames

Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website. For further details refer to the paragraph above.

  • Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

  • Your Privacy

Please read Privacy Policy here.

  • Reservation of Rights

We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.

  • Removal of links from our website

If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.

We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.

  • Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:

  • limit or exclude our or your liability for death or personal injury;

  • limit or exclude our or your liability for fraud or fraudulent misrepresentation;

  • limit any of our or your liabilities in any way that is not permitted under applicable law; or

  • exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer:

(a) are subject to the preceding paragraph; and

(b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.

As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

  • ELECTRONIC COMMUNICATIONS

When you use C. Bechstein Digital GmbH´s services, or send e-mails, text messages, and/or other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through other C. Bechstein Digital GmbH services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

LICENSE AND ACCESS

 

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, C. Bechstein Digital GmbH or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the C. Bechstein Digital GmbHservices.

This license does NOT include

  • any resale or commercial use of any C. Bechstein Digital GmbH service, or its contents;
  • any collection and use of any product listings, descriptions, or prices;
  • any derivative use of any C. Bechstein Digital GmbH service or its contents;
  • any downloading, copying, or other use of account information for the benefit of any third party;
  • or any use of data mining, robots, or similar data gathering and extraction tools.

All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by C. Bechstein Digital GmbH or its licensors, suppliers, publishers, rightsholders, or other content providers. No C. Bechstein Digital GmbH service, nor any part of any C. Bechstein Digital GmbH service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of C. Bechstein Digital GmbH. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of C. Bechstein Digital GmbH without express written consent. You may not use any meta tags or any other “hidden text” utilizing C. Bechstein Digital GmbH’s name or trademarks without the express written consent of C. Bechstein Digital GmbH. You may not misuse the C. Bechstein Digital GmbH services and only use them as according to the law. The licenses granted by C. Bechstein Digital GmbH terminate if you do not comply with these Conditions of Use or any Service Terms.

 

YOUR ACCOUNT

You may need your own C. Bechstein Digital account to use certain C. Bechstein Digital GmbH services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. C. Bechstein Digital GmbH does NOT sell products for children, but they be used by them. We only sell them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use our services only with involvement of a parent or guardian. C. Bechstein Digital GmbH reserves the right to refuse service, terminate accounts, terminate your rights to use C. Bechstein Digital services, remove or edit content, or cancel orders in its sole discretion.

 

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Nimikry reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.

If you do post content or submit material, and unless we indicate otherwise, you grant C. Bechstein Digital GmbH a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant C. Bechstein Digital GmbH and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify C. Bechstein Digital GmbH for all claims resulting from content you supply. Nimikry has the right but not the obligation to monitor and edit or remove any activity or content. Nimikry takes no responsibility and assumes no liability for any content posted by you or any third party.

Terms of shipping

All purchases of physical items are made pursuant to a shipment contract. Items will be shipped by UPS, DPD, FedEx or other logistics services. Usually we ship a few days after we received and confirmed your order. If there should be any unforeseen delay we will contact you via e-Mail immediately.

We ship our products worldwide. For an overview on our shipping costs and shipping times, please read more below under Shipping time & costs.

Returns Policy

If you are not satisfied with your purchase for any reason, just contact us or use the form below to request a refund.

Return your order to us within 30 days of when the order was shipped, and we’ll process a full refund back to the original payment method. 

For order placed in the European Union, we provide a FREE pre-paid return label to ship the products back. For orders outside the EU, the shipping costs are at your own expense. 

Returns only accepted of products purchased from digitaize.eu

We do not accept returns from 3rd party distributors.

Please send your items back with the original packaging intact.
Refunds will be issued to the original form of payment within 48 hours of receiving the products.

Depending on your financial institution it may take up to 2 weeks to receive your refund.

To request a refund, please use this form: 

Return Form

 

Shipping time & costs

We charge shipping costs based on the size of the package. So shipping costs vary for different products. 

 

  • Digitaize Smart Violin

Shipping costs within the European Union: 35 €

Shipping costs outside the European Union: 45 €

  • Digitaize Module for Violin & Viola

Shipping costs within the European Union: 15 €

Shipping costs outside the European Union: 25 €

 

Our orders are shipped within a few days from the new incoming order. 

Once dispatched, shipping within the European Union takes 5-7 business days. 

Shipping outside the European Union can take up to 14 days after the order has been dispatched.

 

PRODUCT DESCRIPTIONS

C. Bechstein Digital GmbH attempts to be as accurate as possible. However, C. Bechstein Digital GmbH does not warrant that product descriptions or other content of any C. Bechstein Digital GmbH service is accurate, complete, reliable, current, or error-free. If a product offered by C. Bechstein Digital GmbH itself is not as described, your sole remedy is to return it in unused condition.

 

PRICING

“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product.

With respect to items sold by C. Bechstein Digital GmbH, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalogue may be mispriced. If the correct price of an item sold by C. Bechstein Digital GmbH is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you.

 

APP PERMISSIONS

When you use apps created or used by C. Bechstein Digital GmbH, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions.

 

SANCTIONS AND EXPORT POLICY

You may not use any C. Bechstein Digital GmbH service if you are the subject of EU sanctions or of sanctions consistent with EU law imposed by the governments of the country where you are using our services. You must comply with all EU or other export and re-export restrictions that may apply to goods, software, technology, and services.

 

OTHER BUSINESSES

Parties other than C. Bechstein Digital GmbH may be offering products, provide services or software, or sell product lines through C. Bechstein Digital GmbH´s  services. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from C. Bechstein Digital GmbH. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). C. Bechstein Digital GmbH does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE C. Bechstein Digital GmbH SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE C. Bechstein Digital GmbH SERVICES ARE PROVIDED BY C. Bechstein Digital GmbH ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. C. Bechstein Digital GmbH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE C. Bechstein Digital GmbH SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE C. Bechstein Digital GmbH SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE NIMIKRY SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, C. Bechstein Digital GmbH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. C. Bechstein Digital GmbH DOES NOT WARRANT THAT THE C. Bechstein Digital GmbH SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE C. Bechstein Digital GmbH SERVICES, C. Bechstein Digital GmbH’s SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM C. Bechstein Digital GmbH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, C. Bechstein Digital GmbH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY C. Bechstein Digital GmbH SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY C. Bechstein Digital GmbH SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

 

DISPUTES

Any dispute or claim relating in any way to your use of any C. Bechstein Digital GmbH Service, or to any products or services sold or distributed by C. Bechstein Digital GmbH or through www.digitaize.eu will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

 

APPLICABLE LAW

By using any C. Bechstein Digital GmbH’s services, you agree that federal law of Germany is valid, if not customer protection laws state anything else.

 

ADDITIONAL SOFTWARE TERMS

The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with C. Bechstein Digital GmbH services.

  1. Use of the Software. You may use Software solely as permitted by these Conditions of Use and any Service Terms. You may not incorporate any portion of the Software into other programs or compile any portion of it in combination with other programs, or otherwise copy (except to exercise rights granted in this section), modify, create derivative works of, distribute, assign any rights to, or license the Software in whole or in part. All software used in any C. Bechstein Digital GmbH service is the property of C. Bechstein Digital GmbH or its software suppliers and is protected by EU and international copyright laws.
  2. Use of Third Party Services When you use the Software, you may also be using the services of one or more third parties, such as a wireless carrier or a mobile software provider. Your use of these third party services may be subject to the separate policies, terms of use, and fees of these third parties.
  3. No Reverse Engineering. You may not reverse engineer, decompile or disassemble, tamper with, or bypass any security associated with the Software, whether in whole or in part.
  4. We may offer automatic or manual updates to the Software at any time and without notice to you.
  5. In the event of any conflict between these Conditions of Use and any other or third-party terms applicable to any portion of the Software, such as open-source license terms, such other terms will control as to that portion of the Software and to the extent of the conflict.

PRIVACY POLICY

 

C. Bechstein Digital GmbH knows that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This notice describes our privacy policy.

By visiting any of C. Bechstein Digital GmbH’s services or by using any product of C. Bechstein Digital GmbH, you are accepting the practices described in this Privacy Policy.

 

What Personal Information About Customers Does C. Bechstein Digital GmbH Gather?

The information we learn from customers helps us personalize and continually improve your experience. Here are the types of information we gather.

  • Information You Give Us: We receive and store any information you enter on our Web site or give us in any other way. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We use the information that you provide for such purposes as responding to your requests, customizing future shopping for you, improving our stores, and communicating with you.
  • Automatic Information: We receive and store certain types of information whenever you interact with us. For example, like many Web sites, we use “cookies,” and we obtain certain types of information when your Web browser accesses our sites, social media accounts or advertisements and other content served by or on behalf of C. Bechstein Digital GmbH on other Web sites.
  • Mobile: When you download or use apps created by C. Bechstein Digital GmbH or our subsidiaries, we may receive information about your location and your mobile device, including a unique identifier for your device. We may use this information to provide you with location-based services, such as advertising, search results, and other personalized content. Most mobile devices allow you to turn off location services. Other functions that you consent us to offer for you might be the use of you microphone, camera or access to contacts. In any case you will ALWAYS been asked to gran us access to specific information which is used by us to optimize you customer experience and you will always have the possibility to change these settings; this might lead to a reduced functionality of the software, app or service.
  • Anonymous system reports: We receive anonymous system reports through our softwares. This data is sent to us by SMTP and is used to improve our customer support. This data is anonymous and can in no circumstance be disclosed by C. Bechstein Digital GmbH. This data is used solely for the improvement of the software and hardware communication. In any case you will ALWAYS been asked to gran us access to specific information which is used by us to optimise you customer experience and you will always have the possibility to change these settings; this might lead to a reduced functionality of the software, app or service.

 

What About Cookies?

  • Cookies are unique identifiers that we transfer to your device to enable our systems to recognize your device and to provide features such as personalized advertisements on other Web sites (e.g., payment service), and storage of items in your Shopping Cart between visits.
  • The Help feature on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Additionally, you can disable or delete similar data used by browser add-ons, such as Flash cookies, by changing the add-on’s settings or visiting the Web site of its manufacturer. Because cookies allow you to take advantage of some of C. Bechstein Digital GmbH´s essential features, we recommend that you leave them turned on. For instance, if you block or otherwise reject our cookies, you will not be able to add items to your Shopping Cart or proceed to Checkout.

 

Does C. Bechstein Digital GmbH Share the Information It Receives?

Information about our customers is an important part of our business, and we are not in the business of selling it to others. We share customer information only as described below and with subsidiaries:

  • Affiliated Businesses We Do Not Control: We work closely with affiliated businesses. In some cases, such as Marketplace sellers, these businesses operate stores or sell offerings to you at. In other cases, we operate stores, provide services, or sell product lines jointly with these businesses. You can tell when a third party is involved in your transactions, and we share customer information related to those transactions with that third party.
  • Third-Party Service Providers: We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders, delivering packages, sending postal mail and e-mail, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing payments, and providing customer service. They have access to personal information needed to perform their functions, but may not use it for other purposes.
  • Business Transfers: As we continue to develop our business, we might sell or buy stores, subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets but remains subject to the promises made in any pre-existing Privacy Notice (unless, of course, the customer consents otherwise).
  • Protection of C. Bechstein Digital GmbH: We release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply our Conditions of Use and other agreements; or protect the rights, property, or safety of C. Bechstein Digital GmbH, our users, or others. This includes exchanging information with other companies and organizations for fraud protection and credit risk reduction. Obviously, however, this does not include selling, renting, sharing, or otherwise disclosing personally identifiable information from customers for commercial purposes in violation of the commitments set forth in this Privacy Notice.
  • With Your Consent: Other than as set out above, you will receive notice when information about you might go to third parties, and you will have an opportunity to choose not to share the information.

 

How Secure Is Information About Me?

  • We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input.
  • We reveal only the last four digits of your credit card numbers when confirming an order. Of course, we transmit the entire credit card number to the appropriate credit card company during order processing.
  • It is important for you to protect against unauthorized access to your password and to your computer. Be sure to sign off when finished using a shared computer.

 

What Choices Do I Have?

  • As discussed above, you can always choose not to provide information, even though it might be needed to make a purchase or to take advantage of some features.
  • You can add or update certain information on pages. When you update information, we usually keep a copy of the prior version for our records.
  • If you do not want to receive e-mail or other mail from us, please adjust your Personal Data Settings or write us to contact@digitaize.eu
  • You have always right to be informed about the data we have about you. For inquiries pls write to contact@digitaize.eu
  • You have the right to change your data
  • You have the right to get your data cancelled, as you wish (we just need to keep those data which by law we need to store). 

You have the right to request information about any personal data we might have stored, about their origin and any transfer, as well as about the purpose of their processing. In addition, you may request the correction, deletion or blocking of such data, provided they are still available. You can request the deletion of your data by contacting us at contact@digitaize.eu or by filling out our support form at https://www.digitaize.eu/support/contact-support/ . 

If you have read this privacy policy up to this point, you will have noticed that we are serious about data privacy.

We would be happy to answer any questions you may have regarding the processing of your personal or other data. Please don’t hesitate to contact us using this link: https://www.digitaize.eu/support/contact-support/ if this privacy policy has left any questions unanswered, if you think we might have forgotten something, or if you simply want more detailed information.

  • We will not store your data longer than necessary, with a maximum of 7 years
  • We will never sell or give your data to others without your consent

DIGITAIZE SOFTWARE EULA

 

DIGITAIZE SOFTWARE

END USER LICENSE AGREEMENT

Last updated: April 19, 2023

This End User License Agreement (the “Agreement”) is a binding agreement between C. Bechstein Digital GmbH (“C.Bechstein Digital”) and you.

YOU AGREE TO BE BOUND BY THIS END USER LICENSE AGREEMENT THROUGH YOU INSTALLING DIGITAIZE CONNECT, DIGITAIZE BRIDGE, DIGITAIZE SOUND AND OTHER DIGITAIZE SOFTWARE ON YOUR DEVICE. IF YOU DO NOT AGREE TO THE TERMS AND LIMITATIONS OF THE AGREEMENT, YOU MAY NOT INSTALL OR USE THE SOFTWARE.

A copy of this Agreement can be found at https://www.digitaize.eu/legal. From time to time, C.Bechstein Digital may change the terms in the Agreement. When the terms are changed, C.Bechstein Digital will post a notice online. The changes also will appear in this document, which you can access at any time through https://www.digitaize.eu/legal

C.Bechstein Digital is licensing a specific major version of the DigitAize Connect software program, including but not limited to (a) all software files and other computer information, (b) any proprietary scripting logic, (c) musical content, resource files and templates, (d) fonts, and (e) any updates and improvement to the version you originally downloaded (collectively, the “Software”) and all related documentation materials (“Documentation”) to you on the following terms and conditions:

  1. GRANT OF LICENSE. ​​In consideration of the license fee you paid for this product, C.Bechstein Digital grants you, as licensee, a worldwide, limited, revocable, non-exclusive right to install, reproduce, and use the Software and Documentation under the terms and limitations of the Agreement.

For individual licensees, the Agreement is the complete and exclusive agreement between you and C.Bechstein Digital relating to the Software. A supplemental Site License Agreement may also be in effect for some licensees. The Agreement along with the supplemental Site License Agreement shall be interpreted under the laws of the State of Germany applicable to contracts made in Germany.

  1. OWNERSHIP.​​ The Software and accompanying documentation materials may also be protected under copyright and other intellectual property laws. Unauthorized copying or use of the Software beyond the scope of the Agreement is expressly forbidden. You may be held legally responsible for any copyright infringement or infringement of any other intellectual property right that is caused or encouraged by your failure to abide by the terms and conditions of the Agreement. The Agreement is NOT a sale of the Software. C.Bechstein Digital retains all ownership and rights in the Software, including all rights in any portion(s) of the Software present in any output of the Software.
  2. USE RESTRICTIONS.​​ As an individual licensee, you may physically install the Software on your operating system for use in combination with DigitAize hardware infrastructure. As an individual licensee, you may not install or use the Software on a network, more than two (2) computers, multiple site arrangement, or any other hardware configuration where the Software is accessible to more than one computer or to more than one user at a time and/or for use with other devices other than DigitAize hardware. You may not use telecommunication transmissions to electronically transfer the Software from one computer to another. To protect C.Bechstein Digital´s copyrights and trade secrets in the Software, you may not adapt or make alterations to the Software, decompile, disassemble, translate, convert to another programming language or otherwise reverse engineer the Software. You may not use the Software to reproduce materials or works protected by copyright of others without authorization, and you agree that you will only to reproduce material or works of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce.

In addition to the above, you represent and warrant you will not:

  1. sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Software without C.Bechstein Digital’s express written consent except as otherwise provided herein;
  2. modify or make derivative works based upon the Software;
  3. reverse engineer or use the Software in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Software, or (c) copy any ideas, features, functions or graphics of the Software;
  4. share user licenses as each user must register with the Software;
  5. use the Software in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Software;
  6. transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or
  7. transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law.
  1. TRANSFER RESTRICTIONS.​​ You may not transfer, assign, sell, or otherwise dispose of this license to the Software on a permanent basis without the written permission of C.Bechstein Digital. Should C.Bechstein Digital grant such permission, you will be required to (a) pay a Transfer Fee in effect at the time of the transfer, (b) relinquish all authorizations and copies of all versions of the Software associated with the transferred serial number, and (c) upgrade to the most current major version of the Software if not already licensed. In no event may you rent, lease, grant sublicenses or any other rights in the Software to others on a temporary basis, including renting the Software and computer together to other users.
  1. COPY RESTRICTIONS.​​ You may make one copy of the Software either digitally or on physical media solely for backup purposes. The backup copy automatically becomes the property of C.Bechstein Digital and is subject to the Agreement. You must reproduce C.Bechstein Digital´s copyright notice on the backup copy.
  2. SUPPORT POLICY.​​ C.Bechstein Digital is not responsible for maintaining or helping you to use the Software, except through C.Bechstein Digital´s customer support and blog. Customer support consists of published documentation, software updates, and online support. C.Bechstein Digital reserves the right to review an individual’s usage of C.Bechstein Digital´s customer support and determine if the amount of use has become excessive. Should an individual’s use be deemed inappropriate or excessive, C.Bechstein Digital may redefine the allowable support options for said individual.
  3. DISCLAIMER.​​ THE SOFTWARE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SOFTWARE. TO THE FULLEST EXTENT ALLOWED BY LAW, C.Bechstein Digital DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. C.Bechstein Digital DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE. C.Bechstein Digital DOES NOT WARRANT THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE.

SOME OF C.Bechstein Digital´S INTERNATIONAL DISTRIBUTION PARTNERS MAY OFFER THE SOFTWARE ON PHYSICAL MEDIA OR AS PART OF A PHYSICAL PRODUCT. C.Bechstein Digital MAKES NO WARRANTIES REGARDING ANY PHYSICAL MEDIA OR PRODUCT SOLD BY ITS DISTRIBUTORS, EITHER EXPRESSED OR IMPLIED, INCLUDED BUT NOT LIMITED TO WARRANTIES OF QUALITY OF MATERIALS OR WORKMANSHIP.

NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY C.Bechstein Digital, ITS DEALERS, DISTRIBUTORS, AGENTS, OR EMPLOYEES SHALL CREATE ANY OTHER WARRANTY OR INCREASE IN ANY WAY THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON SUCH INFORMATION OR ADVICE.

  1. LIMITATION ON LIABILITY.​​ C.Bechstein Digital’s LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL C.Bechstein Digital OR ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SOFTWARE. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. C.Bechstein Digital’s AGGREGATE LIABILITY TO YOU FOR ANY REASON SHALL NOT EXCEED THE FEES YOU HAVE PAID TO C.Bechstein Digital FOR ANY SOFTWARE PACK WITHIN THE TWELVE (12) MONTHS PRIOR TO THE INCIDENT OR ACTION ASSERTED AS SUBJECTING C.Bechstein Digital TO LIABILITY.
  2. INDEMNITY.​​ You agree to indemnify, defend, and hold harmless C.Bechstein Digital, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Software, your violation of this Agreement, or the infringement of any intellectual property or other right of any person or entity through your use or the use of any other user using the Software under your license. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
  1. SEVERABILITY; WAIVER.​​ If, for whatever reason, a court of competent jurisdiction finds any term or condition in this Agreement to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party
  2. CHANGE OF CONTROL.​​ In the event of a change of control of C.Bechstein Digital or the sale of substantially all of C.Bechstein Digital’s assets, all rights of C.Bechstein Digital hereunder shall be transferable without notice to you.
  3. DATA COLLECTION. In order to provide you with quality customer service, any DigitAize Software collects anonymous usage data and reports that are sent automatically via SMTP to our servers. This data provides informations about the status of the connected devices and the usage of the software. This data is stored by C.Bechstein Digital and cannot be disclosed to anyone. By agreeing to this EULA you agree to send anonymous data reports through the DigitAize Software.

HARDWARE TERMS & CONDITIONS

 

PLEASE READ

Last updated: April 19., 2023

 

These terms and conditions outline the rules and regulations for the use of the Hardware Infrastructure DigitAize, owned by C.Bechstein Digital GmbH.

By mounting DigitAize hardware and installing C.Bechstein Digital GmbH´s software for joint use, and using our services you agree to these terms and conditions.

PLEASE READ THEM CAREFULLY!

Do not continue to use DigitAize Products if you do not agree to take all of the terms and conditions stated on this page. Please review also our Privacy Notice, which also governs your use of our services, to understand our practices. Also, additional terms and agreements can be applicable, e.g. if you download or use a software or app. You will be – in any case – always be asked to read and confirm agreements of any kind.

C.Bechstein Digital GmbH is located at:
Kantstraße 17

10623, Berlin
Germany

The following terminology applies to these Terms and Conditions, the Privacy Statement and Disclaimer Notice and all Agreements: “Client”, “You” and “Your” refers to you, the person log on this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of Germany. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

 

COPYRIGHT

All content included in or made available through any C.Bechstein Digital GmbH service, such as text, graphics, 3D CAD files, logos, icons, images, music scores, audio or video clips, augmented / virtual / mixed reality content, digital downloads, data compilations, and software is the property of C.Bechstein Digital GmbH or its content suppliers and protected by European and international copyright laws.

 

TRADEMARKS

In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any C.Bechstein Digital GmbH service are trademarks in the EU and other countries. Our trademarks must not be used in connection with any product or service that is not C.Bechstein Digital GmbH’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits C.Bechstein Digital GmbH. All other trademarks not owned by C.Bechstein Digital GmbH that appear in any C.Bechstein Digital GmbH service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by C.Bechstein Digital GmbH.

 

PATENTS

Some of our solutions are patented. Products you buy on C.Bechstein Digital GmbH or is feature by any C.Bechstein Digital GmbH service may operate under license of one or more patents.

 

LICENSE

Unless otherwise stated, C.Bechstein Digital GmbH and/or its licensors own the intellectual property rights for all material sold under the name DigitAize and other affiliate products, such as DigitAize Sound, DigitAize Connect, DigitAize Bridge, DigitAize App, DigitAIze Violin, DigitAize EDU and DigitAize VR. All intellectual property rights are reserved.

 

COMMUNICATION

When you use C.Bechstein Digital GmbH´s services, or send e-mails, text messages, and/or other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through other C.Bechstein Digital GmbH services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

LICENSE AND ACCESS

Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, C.Bechstein Digital GmbH or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the C.Bechstein Digital GmbH services.

 

This license does NOT include:

  • any resale or commercial use of any C.Bechstein Digital GmbH service, or its contents;
  • any collection and use of any product listings, descriptions, or prices;
  • any derivative use of any C.Bechstein Digital GmbH service or its contents;
  • any downloading, copying, or other use of account information for the benefit of any third party;

or

  • any use of data mining, robots, or similar data gathering and extraction tools.

All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by C.Bechstein Digital GmbH or its licensors, suppliers, publishers, rightsholders, or other content providers. No C.Bechstein Digital GmbH service, nor any part of any C.Bechstein Digital GmbH service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of C.Bechstein Digital GmbH. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of C.Bechstein Digital GmbH without express written consent. You may not use any meta tags or any other “hidden text” utilizing C.Bechstein Digital GmbH’s name or trademarks without the express written consent of C.Bechstein Digital GmbH. You may not misuse the C.Bechstein Digital GmbH services and only use them as according to the law. The licenses granted by C.Bechstein Digital GmbH terminate if you do not comply with these Conditions of Use or any Service Terms.

 

PRODUCT DESCRIPTIONS

C.Bechstein Digital GmbH attempts to be as accurate as possible. However, C.Bechstein Digital GmbH does not warrant that product descriptions or other content of any C.Bechstein Digital GmbH service is accurate, complete, reliable, current, or error-free. If a product offered by C.Bechstein Digital GmbH itself is not as described, your sole remedy is to return it in unused condition.

 

PRICING

“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. Certain products may have a “Was Price” displayed, which is determined using recent price history of the product.

With respect to items sold by C.Bechstein Digital GmbH, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalogue may be mispriced. If the correct price of an item sold by C.Bechstein Digital GmbH is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.

We generally do not charge your credit card until after your order has entered the shipping process or, for digital products, until we make the digital product available to you. In the case of pre-orders of products that are yet being developed, we may charge your credit card prior to the shipping process, due to the different nature of the sale. 

 

APP AND SOFTWARE PERMISSIONS

When you use apps created or used by C.Bechstein Digital GmbH, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. When using DigitAize Software infrastructure you agree to the EULA that outlines the rules ans regulations for it.

 

SANCTIONS AND EXPORT POLICY

You may not use any C.Bechstein Digital GmbH service if you are the subject of EU sanctions or of sanctions consistent with EU law imposed by the governments of the country where you are using our services. You must comply with all EU or other export and re-export restrictions that may apply to goods, software, technology, and services.

 

OTHER BUSINESSES

Parties other than C.Bechstein Digital GmbH may be offering products, provide services or software, or sell product lines through C.Bechstein Digital GmbH’s services. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from C.Bechstein Digital GmbH. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). C.Bechstein Digital GmbH does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE C.Bechstein Digital GmbH SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE C.Bechstein Digital GmbH SERVICES ARE PROVIDED BY C.Bechstein Digital GmbH ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. C.Bechstein Digital GmbH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE C.Bechstein Digital GmbH SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE C.Bechstein Digital GmbH SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE C.Bechstein Digital GmbH SERVICES IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, C.Bechstein Digital GmbH DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. C.Bechstein Digital GmbH DOES NOT WARRANT THAT THE C.Bechstein Digital GmbH SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE C.Bechstein Digital GmbH SERVICES, C.Bechstein Digital GmbH’s SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM C.Bechstein Digital GmbH ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

TO THE FULL EXTENT PERMISSIBLE BY LAW, C.Bechstein Digital GmbH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY C.Bechstein Digital GmbH SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY C.Bechstein Digital GmbH SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

TO THE FULL EXTENT PERMISSIBLE BY LAW, C.Bechstein Digital GmbH WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE MOUNTING AND USE OF ANY C.Bechstein Digital GmbH PRODUCT. BY MOUNTING C.Bechstein Digital GmbH´S PRODUCTS YOU ARE SOLELY RESPONSIBLE FOR THE RESULTS OF YOUR ACTIONS AND FOR ANY HARM DERIVATED FROM YOUR ACTIVITY TO YOU AND TO ANY MATERIAL GOOD.

DISPUTES

Any dispute or claim relating in any way to your use of any C.Bechstein Digital GmbH Service, or to any products or services sold or distributed by C.Bechstein Digital GmbH or through www.digitaize.eu will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

 

APPLICABLE LAW

By using any C.Bechstein Digital GmbH’s services, you agree that federal law of Germany is valid, if not customer protection laws state anything else.

 

ADDITIONAL SOFTWARE TERMS

To know more about the terms governing the use of any C.Bechstein Digital GmbH software (including any updates or upgrades to the software) and any related documentation, please refer to the software EULA (www.digitaize.eu/legal/#eula) 

 

 

WARRANTY

The C. Bechstein Digital GmbH  offers a Two-Year Limited Warranty. Read below to read what the Two-Year Limited Warrant includes.

This warranty does not apply: (a) to consumable parts, such as batteries or protective coatings that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports unless failure has occurred due to a defect in materials or workmanship; (c) to damage caused by use with a third party component or product; (d) to damage caused by accident, abuse, misuse, fire, liquid contact, earthquake or other external cause; (e) to damage caused by operating the C. Bechstein Digital GmbH  Product outside the user manual, the technical specifications or other C. Bechstein Digital GmbH  Product published guidelines; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of C. Bechstein Digital GmbH ; (g) to a C. Bechstein Digital GmbH  Product that has been modified to alter functionality or capability without the written permission of C. Bechstein Digital GmbH ; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the C. Bechstein Digital GmbH  Product; (i) to damage occurred to any instrument while mounting DigitAize and not following C. Bechstein Digital GmbH ´s descriptions on how to mount the product, (j) to damage occurred while modifying or removing DigitAize and not following descriptions provided in the support area, (k) if any serial number has been removed or defaced from the C. Bechstein Digital GmbH  Product; or (l) if C. Bechstein Digital GmbH  receives information from relevant public authorities that the product has been stolen or if you are unable to deactivate passcode-enabled or other security measures designed to prevent unauthorized access to the C. Bechstein Digital GmbH Product, and you cannot prove in any way that you are the authorized user of the product (eg. by presenting proof of purchase).

Important: Do not attempt to open the C. Bechstein Digital GmbH product unless the User Manual describes how it is designed for opening or remove any protective caps attached to the C. Bechstein Digital GmbH Product. Opening the C. Bechstein Digital GmbH Product or removing protective caps may cause damage that is not covered by this Warranty. Only C. Bechstein Digital GmbH should perform service on this C. Bechstein Digital GmbH Product.

 

WHAT WILL C. Bechstein Digital GmbH DO IN THE EVENT OF A WARRANTY CLAIM?

If during the warranty period you submit a claim during the warranty period this warranty, C. Bechstein Digital GmbH will, at its option:

(i) repair the C. Bechstein Digital GmbH Product using new or previously used parts that are equivalent to new in performance and reliability, or 

(ii) replace the C. Bechstein Digital GmbH Product with the same model (or with your consent a product that has similar functionality) formed from new and/or previously used parts that are equivalent to new in performance and reliability, or 

(iii) refund your purchase price in exchange for the return of your C. Bechstein Digital GmbH Product.

When a product or part is replaced or a refund provided, any replacement item becomes your property and the replaced or refunded item becomes C. Bechstein Digital GmbH’s property.

A replacement part or product or a repaired C. Bechstein Digital GmbH Product assumes the remaining warranty of the original C. Bechstein Digital GmbH Product or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you.

For service requested in a country other than the country of purchase for the C. Bechstein Digital GmbH Product, C. Bechstein Digital GmbH may repair or replace products and parts with comparable products and parts that comply with local standards.

 

HOW TO OBTAIN WARRANTY SERVICE?

Please access and review the following online help resources before seeking warranty service:

 

WARRANTY SERVICE OPTIONS

C. Bechstein Digital GmbH will provide warranty service through one of the following options:

 (ii) Mail-in service. If C. Bechstein Digital GmbH elects to provide service through its mail-in service, C. Bechstein Digital GmbH will send you prepaid waybills and if applicable, packaging material and instructions on how to properly pack and address your C. Bechstein Digital GmbH product, so that you may ship your C. Bechstein Digital GmbH Product back. Instructions may be sent to you via email or in hard copy with the packaging material. Once service is complete, C. Bechstein Digital GmbH will return the C. Bechstein Digital GmbH Product to you. C. Bechstein Digital GmbH will pay for shipping to and from your location if all instructions regarding the method of packaging and shipping the C. Bechstein Digital GmbH Product are followed.

(iii) Do-it-yourself (“DIY”) service. Under DIY service C. Bechstein Digital GmbH will provide you with a replacement product or easily replaceable parts or accessories of a product, such as housing components or sensors, which can be replaced without using any tools. Note: C. Bechstein Digital GmbH is not responsible for any labour costs you incur relating to DIY services.

C. Bechstein Digital GmbH is also not responsible for any damage or harm caused by any DIY replacement, service or modification of the hardware sold originally. Should you require further assistance with the replacement, contact C. Bechstein Digital GmbH Support via the website www.digitaize.eu/support. If C. Bechstein Digital GmbH elects to provide service through DIY service, the following process will apply: 

(a) Service where C. Bechstein Digital GmbH requires return of the replaced product, part or accessory: C. Bechstein Digital GmbH may require a credit card authorization as security for the retail price of the replacement product, part or accessory and applicable shipping costs. C. Bechstein Digital GmbH will ship a replacement product, part or accessory to you with instructions for replacement, if applicable, and any requirements for the return of the replaced product or part. If you follow the instructions, C. Bechstein Digital GmbH will cancel the credit card authorization, so you will not be charged for the product or part and shipping to and from your location. If you fail to return the replaced product, part or accessory as instructed or return a replaced product, part or accessory that is ineligible for service, Apple will charge your credit card for the authorized amount. If you are unable to provide credit card authorization, the service may not be available to you and C. Bechstein Digital GmbH will offer alternative arrangements for service.

(b) Service where C. Bechstein Digital GmbH does not require return of the replaced product, part or accessory: C. Bechstein Digital GmbH will ship you free of charge a replacement product, part or accessory accompanied by instructions on installation, if applicable, and any requirements for the disposal of the replaced product, part or accessory.

 

LIMITATION OF LIABILITY

  1. A) Entire agreement:

Other than the consumer law rights to which you are entitled as set out at the beginning of this document, all warranties, conditions and other terms not set out in this warranty document are excluded from the C. Bechstein Digital GmbH One-Year Limited Warranty. As a result, C. Bechstein Digital GmbH does not make any other promises, conditions or warranties about the service other than set out in this warranty document.

Some countries do not allow limitations on how long such warranties, conditions and/or implied terms may last, so the limitation described above may not apply to you.

  1. B) Disclaimer in relation to data:

C. Bechstein Digital GmbH does not warrant, represent or undertake that it will be able to repair or replace any C. Bechstein Digital GmbH Product under this warranty without risk to and / or loss of information and / or data stored on the C. Bechstein Digital GmbH Product.

  1. C) Limitation of liability:

C. Bechstein Digital GmbH is not responsible for damage which is not C. Bechstein Digital GmbH’s fault or any loss of data. If you are an entrepreneur, C. Bechstein Digital GmbH is also not responsible for loss of benefits or profits. These exclusions shall not apply to (i) death or personal injury, (ii) fraud or gross negligence; or (iii) fraudulent misrepresentation; or (iv) any other liability that cannot be limited or excluded as a matter of law.