Terms of service

GENERAL TERMS & CONDITIONS

STMPD RCRDS B.V.

Article 1 – Applicability Terms

These General Terms and Conditions of sale and delivery (“Terms”) apply to any offer, sale or agreement made by STMPD RCRDS B.V. (“we” or STMPD RCRDS) on its online or mobile webshop(s) accessible via the URL: https://shop.stmpdrcrds.com/ (“Webstore”) and to any use by you (“you” or “Customer”) of the Webstore

These terms are applicable to purchase orders by natural persons only, not acting in the course of a profession or a business. Should you be acting in a professional manner, please contact us.

Prior to concluding a distant sale agreement, these Terms will be made available electronically by STMPD RCRDS to the Customer in a printable and/or downloadable form. In the event this would be reasonably impossible, STMPD RCRDS will provide another possibility for the Customer to gain insight in these Terms and STMPD RCRDS will provide a free copy of these Terms upon the Customer’s first request.

Prior to submitting an order via the Webstore, you need to acknowledge and accept the applicability of these Terms in relation to the purchase. Furthermore, you agree that using the Webstore is subject to these Terms. If you do not agree to these Terms, you should not be using our Webstore, or cease using our Webstore.

Any additions to, or deviations from, these Terms shall only apply when agreed in writing between STMPD RCRDS and the Customer.

If, at any time, one or more provisions of these Terms is or becomes void or cancelled, either in full or in part, then the other provisions of these Terms remain in full effect. The voided or cancelled provision(s) will in such an event be replaced, thereby taking into consideration their purpose and intent.

The English-language text of these Terms will be considered as leading, in the case discrepancy arises with translations of these Terms.

STMPD RCRDS reserves the right to amend these Terms at its discretion, in order to comply with applicable law or changes in its business policies. The amended Terms will be posted on the Webstore. As we will not directly and personally inform you about these amendments, the Customer is asked to regularly check and review (for) any amendments made to these Terms.

The Customer is expected to have read the latest version of the Terms prior to making any purchase. Furthermore, the use of this Webstore following any amendments to these Terms implies the acceptance of these amendments.

If you have any queries about these Terms, please contact our customer services via webshop@stmpdrcrds.com.

Article 2 - Definitions

In these General Terms and Conditions of sale and delivery the following terms are defined as:

2.1          Customer: a natural person, not acting in the course of a profession or a business.

2.2          Product: STMPD RCRDS provides the products, through the Webstore, which permits you to purchase downloadable content, produced either by STMPD RCRDS or its content suppliers. The products may include, without limitation audio arrangement recordings or collections of musical loops and tracks (“Sample packs”), educational multimedia content, such as audio, video, photographic or written media (“Educational Content”).

2.3          STMPD RCRDS: STMPD RCRDS B.V., having its address at H.J.E. Wenckebachweg 68, 1114 AD, Amsterdam Duivendrecht, The Netherlands, registered with the Chamber of Commerce under number: 65277171, email address: webshop@stmpdrcrds.com 

Article 3 – Offer, order and acceptance

3.1          While STMPD RCRDS attempts to accurately describe all Products offered for sale, STMPD RCRDS does not warrant that such descriptions, or any other Content of any Services is accurate, complete, reliable, current or error-free.

3.2          By purchasing a Product through the Webstore, the Customer warrants STMPD RCRDS to be 1) at least 18 years old and 2) legally capable of entering into binding agreements. If either is not the case, the Customer should ask a parent or guardian to accept these Terms on its behalf.

3.3          Any purchase order is accepted by STMPD RCRDS once it has been confirmed to Customer by virtue of a confirmation email of the purchase.

3.4          The Customer is aware that STMPD RCRDS is always entitled to refuse a purchase order without providing further explanation (e.g. in the event of a suspected fraud). STMPD RCRDS will inform the Customer as soon as possible, in the event of such refusal.

3.5         All Purchase orders should be made via the Webstore. Orders cannot be made via other methods, for example via the telephone, email or social media. Neither is it possible to get in touch with artists via our customer service.

 Article 4 – Prices and payment

4.1          Unless specified otherwise, all prices are expressed in Euros and are excluding VAT, unless specified otherwise. Prices in your local currency may change due to differences in exchange rates. 

4.2          Prices and listings in the Webstore, in our communications and/or in our advertisements may be incorrect.  STMPD RCRDS is not liable for, nor bound to incorrect prices or factual errors on the Webstore, if this is an evident mistake or error. In the case where the value of the Product is higher than the indicated price, STMPD RCRDS has the right to reject the purchase order. In the case where the value of the Product is lower than the indicated price, STMPD RCRDS will ship the purchased item against the correct price of the Product.

4.3          Our Webstore accepts a range of different payment methods. These methods of payment include iDeal, MasterCard, Visa, American Express and PayPal. STMPD RCRDS does not accept other methods of payment. STMPD RCRDS has the right to assess, to the extent permitted by law, whether the Customer will be able to meet its payment obligations following from the order and STMPD RCRDS has the right to refuse an order if it has doubts on this, or to request further safeguards. When paying by credit or debit card, the Customer confirms that the card is 1) registered on his/her name and 2) is entitled to use the card 3) also confirms to have adequate funds to cover card costs and charges  that may be connected to the purchase.

4.4          STMPD RCRDS is always entitled to change the prices for its Products.

Article 5 – Terms of Sale

5.1          All purchases of Digital Downloads are final. You cannot cancel your purchase of a Digital Download(s) once the order has been accepted. By placing an order to purchase a Digital Download, you acknowledge and agree to this. We do not accept returns of Digital Downloads, except as required by law or unless indicated otherwise on the Digital download page. Once you purchase a Digital Download we make it available to you within 2 working days, you are responsible for downloading (if applicable) and confirming your ability to access downloads, bear all risk of loss after downloading the Digital Download, including any loss due to a computer or hard drive malfunction. If you are unable to complete a download or access a digital download, please contact webshop@stmpdrcrds.com for assistance.

Article 6 - Webstore use and Content

6.1          All (intellectual property) rights in relation to the Webstore and Products are the sole and exclusive property of STMPD RCRDS and/or its licensors. This includes, but is not limited to, pictures, photos, brand names, trademarks, audio, video and written text (“Content”).

6.2          Unless explicitly indicated otherwise, this Webstore and the Content are only for your personal and non-commercial use.

6.3          When using the Webstore, you are strictly prohibited to:

-  upload or post illegal and infringing materials, false or defamatory statements, as well as indecent, harmful content, in any way or form.

- (execute) malicious code (including viruses and Trojan horses). - reproduce, duplicate, modify, copy, sell, resell, or exploit for any commercial purposes any portion of or access to this Webstore or the Content;

- impersonate any person or entity or misrepresent your affiliation with any other person or entity;

-  act in a manner (risking) to impair the Webstore or its Content, in any way or form. This includes the overburdening of the Webstore and the gaining of unauthorized access to the Webstore and Webstore data, in any way or form.

Article 7 – Account registration

7.1.        The Customer may – but is not obliged to – make a user account on the Webstore before placing an order. The Customer is responsible for providing the correct and required information in creating a user account and should update the account details in case of changes.

7.2.        The Customer should at all times maintain the confidentiality of the account’s username and password. The Customer is solely responsible for all activities that occur under this account. In case of breach of the user account, STMPD RCRDS should be notified immediately by the Customer, in order to block the account.

Article 8 – Use of the Products

8.1.        Use of the Products requires a compatible device, Internet access, and certain software (additional fees may apply). The latest version of certain software may be required to access certain features of the Products. You agree that meeting these requirements, which may change from time to time, is your sole responsibility.

8.2.        You understand that by using the Products or Website you may encounter, directly or indirectly material that you may deem to be offensive, indecent or objectionable, and that such material(s) may or may not have been identified as having explicit material, including without limitation, graphics, videos, lyrics, text and song titles. Nevertheless, you agree to use the Products at your sole risk and STMPD RCRDS shall have no liability to you for such material.

Article 9 – Use of the Sample Packs    

 9.1           STMPD RCRDS grants you a non-exclusive, non-transferable, non-sublicensable, license to store and use the Sample Packs provided in the Products for your personal use. For the avoidance of doubt, STMPD RCRDS shall at all times remain the copyright owner of the Sample Packs as supplied in the Products.

9.2             Subject your compliance with the Terms you are entitled to create new recordings by using parts of the Sample Packs in combination with other sounds in music productions to create new recordings (“New Recordings”). You are entitled to use the New Recordings for commercial purposes.

9.3             You are not entitled to sell, license, loan, share, lend, broadcast, rent, lease, assign, distribute or transfer the Sample Pack and/or parts of the Sample Pack in isolation. In addition, you may not use the name, image, or likeness of the artist associated with the Sample Pack and STMPD’s name, logo or trademarks.

Article 10 – Applicable law and competence

10.1         These Terms are governed by and construed in accordance with the laws of The Netherlands.

10.2         As far as legally permitted, the district court of Amsterdam, the Netherlands, is exclusively competent in case of any claim or dispute arising out of or in relation to these Terms.

Amsterdam, March 2023