HAVE INSTRUMENTS END USER LICENSE AGREEMENT

  1. Please read this software license agreement (“License”) carefully before using this Have Instruments software library (“Library”) or any other Have Instruments product, such as individual samples, loops and sample packs. By using the Library, you are agreeing to be bound by the terms of this License. If you do not agree to the terms of this license, do not buy the Library.
  2. All Have Instruments libraries, samples, loops and sample packs may be used to create musical compositions both for non-commercial and comercial use. It is licensed to you only for reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. Pre-recorded phrases, textures and loops may not be used solely by themselves in a musical composition and registered as original content owned by the user. Such material must be used as part of a musical composition that contains original content by the user and at least 3 other musical elements must be added to the phrase or loop. Likewise, single sample sounds or hits may not be used in a sound design concept solely by itself but always with at least 3 other sound/musical elements.
  3. Have Instruments is a trademark of Hybrid Audio Visual Experience, SL. Hybrid Audio Visual Experience, SL. owns all intelectual property rights in the Library and its products. All material contained in the library or in any sample pack (sounds, images and codes) are only meant to serve as music tools for composers and producers to create music compositions. This means you can’t use any musical file, scripting code and image contained in the Library to create other type of comercial products (such as virtual instruments, sample packs etc) and sell or re-sell them as if they were yours.
  4. You are entitled to install and use the Library on up to two computers provided you are the sole owner of these devices.
  5. You may not and you agree not to, or to enable others to, copy, modify, decompile, reverse engineer,  attempt to derive the source code, or create derivative works of the Library. Any attempt to do so is a violation of the rights of Hybrid Audio Visual Experience, SL. and its licensors of the Library.


GENERAL CONDITION OF PURCHASE


INTRODUCTION

This document establishes the conditions governing the use of the haveinstruments.com website and the purchase of products offered therein. Please read these Conditions, our Cookies Policy, and our Privacy Policy carefully before using this website. By using this website or placing an order through it, you consent to accept these General Contracting Conditions and by our Privacy Policies, so, if you do not agree with all the provisions of the General Conditions of Contracting and with the Privacy Policies, you should not use this website. If you have any questions related to the General Contracting Conditions or the Privacy Policies, you can contact us at the contact channels indicated in the following point.

OUR DATA

The sale of items through this website is carried out by HYBRID AUDIOVISUAL EXPERIENCE S.L., a Spanish company with registered offices at Calle Fermín Caballero 64, 11B, 28034, MADRID, and B88127709, and email info@haveaudio.com.

YOUR DATA AND YOUR VISITS TO THIS WEB PAGE

The personal data that you provide us about you will be treated in accordance with the provisions of the Privacy Policies. By using this website, you give your consent for the treatment of the above-mentioned information and data and, at the same time, declare that all the information or data you provide us are true and correspondence to reality.


USE OF OUR WEBSITE

By using this website and placing orders through it, you agree to:

  • Make use of this website only to make legally valid queries or requests.
  • Do not make any false or fraudulent order. If it could reasonably be considered that an order of this nature has been made, we will be authorized to cancel it and inform the relevant authorities.
  • Provide us with your email address, postal address and/or other contact information truthfully and accurately.

Likewise, you agree that we may use this information to contact you if necessary. If you do not provide us with all the information we need, we will not be able to process your order. By placing an order through this website, you declare that you are over 18 years of age and have the legal capacity to enter into contracts.

SERVICE AVAILABILITY

The digital items offered through this website are available for instant downloading.

HOW TO PLACE AN ORDER

To place an order, you must follow the online purchase procedure, first choosing the products that may be of interest to you, filling in all the information that is required during the procedure, and finalizing by confirming the purchase.
Next, you will receive an email acknowledging receipt of your order. Also, we will inform you by email when your order can be downloaded.


TECHNICAL MEANS TO CORRECT ERRORS

In the event that you detect that an error has occurred when entering your personal data during your registration as a user of this website, you can modify them in the "My Account" section. In any case, you can correct errors related to the personal data provided during the purchase process by contacting the customer service through the email address info@haveaudio.com, as well as exercising the right to rectification contemplated in our Policy of Privacy through info@haveaudio.com

This web page shows confirmation windows in various sections of the purchase process that do not allow you to proceed with the order if the information in these sections has not been provided correctly. Likewise, this website offers the details of all the items that you have added to your basket during the purchase process, so that, before making the payment, you can modify the details of your order. If you detect an error in your order after the completion of the payment process, you must immediately contact our customer service, by phone or the email address mentioned above, to correct the error.

PAYMENT

The form of payment for purchases will be selected during the purchase process and payment, according to the chosen form, will be made at the end of the purchase process and will be an essential condition for its formalization. The accepted payment methods are as follows:

  • Purchases with credit or debit card;
    the user must provide the name of the cardholder, the number, the expiration date, and the CVV. All the information will be processed through the POS of our bank.
  • Payment with PayPal;
    PayPal enables consumers with an email to send payments online safely, conveniently, and cost-effectively. PayPal's network builds on the existing financial infrastructure of bank accounts and credit cards to create a global real-time payment solution. For more information, you can visit the Paypal website: www.paypal.com.
  • Shopify:
    Shopify users will be able to choose the payment method they prefer associated with their account: Google Pay, Apple Pay, credit card… You just have to log in with your account and process it with the chosen payment method. For more information, you can visit the Shopify website: www.shopify.es

DELIVERY

All the products offered on the website are available for purchase and download. Once purchased, you will be allowed to download it using Pulse Downloader.

Please note that to download the products you have to register on the website www.pulsedownloader.com, which belongs to the company Audio for Apps Ltd. domiciled in Ireland, and has its own Privacy Policy and Legal Terms that you can consult through its website. We strongly recommend you to do that.


VALUE ADDED TAX AND BILLING

In accordance with the provisions of article 68 of Law 37/1992, of December 28, on Value Added Tax, the delivery of the articles will be understood to be located in the territory of application of the Spanish VAT if the delivery address is in Spanish territory except for the Canary Islands, Ceuta, and Melilla. The applicable VAT rate will be the one legally in force at any given time depending on the specific article in question. In orders to the Canary Islands, Ceuta and Melilla, deliveries will be exempt from VAT by application of the provisions of article 21 of Law 37/1992, without prejudice to the application of the corresponding taxes and tariffs in accordance with current regulations in each of these territories.

If customers are from anywhere else in the EU, VAT will be applied according to their rates. Customers can download the invoice of the purchases made by accessing the order history with their user password. However, customers can request at any time that a copy of the corresponding invoice be sent to them by telematic or paper means, at their choice.


RETURN POLICY

The user has the right of withdrawal. However, as the sold product are software-based and digital goods, the right is waived at the time of purchase.

WARRANTY

The contractual guarantee offered is that established in the Royal Legislative Decree 1/2007, of November 16, which approves the Consolidated Text of the General Law for the Defense of Clients and Users. HYBRID AUDIOVISUAL EXPERIENCE S.L. will be liable for non-conformities that appear within two years of delivery, provided the customer has informed us of such non-conformance within two months of becoming aware of it. Non-conformities must be provable and based on real, structural defects of the product impeding its correct use. All software and hardware required to be able to use the products we provide are fully stated in each product description. For this reason, HYBRID AUDIO VISUAL EXPERIENCE SL. is not liable for incorrect purchases or all cases of customers’ negligence in reading this information. If you have any doubts about the technical requirements necessary to use our products you can contact our customer service anytime at info@haveaudio.com.


RESPONSIBILITY

Unless expressly provided otherwise in these Conditions, our liability in relation to any product purchased on our website will be strictly limited to the purchase price of such product.

INDUSTRIAL AND INTELLECTUAL PROPERTY

You acknowledge and consent that all copyrights, trademarks, and other industrial and intellectual property rights on the materials or content provided as part of the website correspond at all times to us or to those who have licensed us for their use. You may use such material only in the manner expressly authorized by us or by those who have licensed us to use it. This will not prevent you from using this website to the extent necessary to copy the information about your order or Contact information.


EULA

User licenses are strictly personal. Therefore, you are allowed to use our products but you can’t share, both physically and digitally, distribute, sell, or resell the products you purchased.

Please read our EULA terms about the user license of our products: HAVE INSTRUMENTS END USER LICENSE AGREEMENT


VIRUSES, PIRACY AND OTHER COMPUTER ATTACKS

You must not misuse this website by intentionally entering viruses, Trojans, worms, logic bombs, or any other technologically harmful or harmful program or material. You will not try to have unauthorized access to this web page, to the server where said page is hosted or to any server, computer or database related to our web page. You agree not to attack this website through a denial of service attack or a distributed denial-of service attack. Failure to comply with this clause could lead to the commission of offenses typified by the applicable regulations. We will report any breach of these regulations to the competent authorities and we will cooperate with them to discover the identity of the attacker. Likewise, in case of breach of this clause, you will immediately cease to be authorized to use this website. We will not be responsible for any damage or loss resulting from a cyberattack, virus or any other technologically harmful or damaging program or material that may affect your computer, computer equipment, data or materials as a result of the use of this website or of downloading content from the same or to which it redirects.


LINKS FROM OUR WEBSITE

In the event that our website contains links to other websites and materials of third parties, these links are provided for informational purposes only, without us having any control over the content of such websites or materials. Therefore, we do not accept any responsibility for any damage or loss derived from its use.

WRITTEN COMMUNICATIONS

The applicable regulations require that part of the information or communications that we send you to be in writing, however, by using this website you agree that most of these communications with us are electronic. We will contact you by email or provide you with information by posting notices on this website. For contractual purposes, you agree to use this electronic means of communication and acknowledge that all contracts, notifications, information and other communications that we send you electronically comply with the legal requirements of being in writing. This condition will not affect your rights recognized by law.

NOTIFICATIONS

The notifications that you send us should preferably be sent through our contact form. In accordance with the provisions of the preceding clause and unless otherwise stated, we may send you communications either by e-mail or at the postal address provided by you when placing an order. It will be understood that the notifications have been received and have been correctly made at the same time they are posted on our website, 24 hours after an email has been sent, or three days after the date of postage of any letter.


EVENTS OUTSIDE OUR CONTROL

We will not be responsible for any breach or delay in the fulfillment of any of the assumed obligations when it is due to events caused by force majeure. The causes of force majeure will include any act, event, lack of exercise, omission or accident that is beyond our reasonable control and among others, the following:

  • Strikes, lockouts or other industrial action.
  • Civil commotion, revolt, invasion, terrorist threat or attack, war (declared or not) or threat or preparations for war.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or any other natural disaster.
  • Impossibility of using trains, ships, planes, motor transport or other means of transport, public or private.
  • Inability to use public or private telecommunication systems.
  • Acts, decrees, legislation, regulations or restrictions of any government or public authority.

It will be understood that the obligations will be suspended during the period in which the cause of force majeure continues, and we will have an extension in the term to fulfill said obligations for a period of time equal to the duration of the cause of force majeure. We will use all reasonable means to end the cause of force majeure or to find a solution that allows us to fulfill our obligations despite the cause of force majeure.


RESIGNATION

Even if we don’t specifically require your strict compliance of any of the obligations stated in this contract or these Conditions or even if we don’t directly exercise the rights or actions that may correspond to us by virtue of the above-mentioned contract or of the Conditions, the fact will not suppose any resignation or limitation in relation to those rights or actions nor will it exempt you from fulfilling such obligations. No waiver by us of a specific right or action will imply a waiver of other rights or actions derived from a contract or the Conditions. No waiver by us of any of these Conditions or of the rights or actions derived from a contract will take effect unless it is expressly established that it is a waiver and it is formalized and communicated to you through the different means of contact that you provided us.

PARTIAL NULLITY

If any of the present Conditions or any provision of a contract are declared null and void by a final resolution issued by the competent authority, the remaining terms and conditions will remain in force, without being affected by said declaration of nullity.


OUR RIGHT TO MODIFY THESE CONDITIONS

We reserve the right to modify these Terms and Conditions. We will keep you informed of the substantial changes made to them. These will not be retroactive and, with possible exceptions depending on the specific case, will be applicable after 10 days from the date of their publication in the corresponding notice. If you do not agree with the modifications made, we recommend that you do not use our website.

APPLICABLE LEGISLATION AND JURISDICTION

The use of our website and product purchase contracts through said website will be governed by Spanish law. These General Conditions are subject and shall be governed in accordance with the provisions of the laws of Spain, in particular in:

  • Law 7/1998, of April 13, on General Contracting Conditions,
  • Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users and other complementary laws,
  • Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of these data and repealing Directive 95 / 46 / EC,
  • Law 34/2002 of July 11, on Services of the Information Society and Electronic Commerce.

The parties submit, for the resolution of conflicts and renouncing any other jurisdiction, to the Courts and Tribunals of the consumer's domicile.


COMMENTS, SUGGESTIONS, COMPLAINTS AND CLAIMS

Your comments and suggestions will be welcomed. Please send us such comments and suggestions, as well as any queries, complaints or claims through our contact form, by phone, or by the postal or email address indicated in Clause 2 of these General Contracting Conditions. In addition, we have official complaint forms available to consumers and users. You can request them through our contact form. Your complaints and claims to our customer service will be dealt with in the shortest possible time and, in any case, within a maximum period of one month. If you, as a consumer, consider that your rights have been violated, you can send us your complaints through the email address info@haveaudio.com in order to request an out-of-court settlement of disputes. In this sense, if the acquisition between you and us has been made online through our website, in accordance with Regulation No. 524/2013 of the EU, we inform you that you have the right to request with us an out-of-court dispute resolution in consumer affairs accessible through the address ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=ES