TERMS AND CONDITIONS OF USE AND SALE

1. DEFINITIONS

In these Terms and Conditions of Use and Sale (TCUS), the following terms shall have the following meanings:

Contributors (Samplists): Individuals or entities that provide products in the form of audio samples, MIDI files, and other associated files for sale on the DiViNe Samples website.
Product: Sampled musical instruments, including audio samples, MIDI files, and any other files included in the package downloaded by the user.
Website: The online platform DiViNe Samples, accessible at https://www.divinesamples.com/.
Customers: Any individual or legal entity purchasing products on the website.
Order or Ordering: A purchase made by a customer on the website.
DiViNe Samples Account: A personal account created by a user to access website services, make purchases, download, or sell products.
Connected Stripe Account (Express): A Stripe Express user account allowing creators/samplists to receive payments for their sales on DiViNe Samples. The use of a Connected Stripe Account is subject to the terms of the Stripe Connected Account Agreement.
Updates: Any modification, bug fixes, improvement, or new version of a product provided by DiViNe Samples.
Payment Method: Payments for products are made via credit card through financial service providers Stripe and PayPal.
Currency: All transactions related to sales, payments and payouts are exclusively conducted in euros (EUR).

2. PURPOSE

These TCUS define the rights and obligations of the parties regarding the provision and use of products on the DiViNe Samples website.

Accessing and using the website implies full and unconditional acceptance of these TCUS.

3. ACCESS TO THE WEBSITE AND USER ACCOUNT

3.1. Account Creation

Access to certain website services requires the creation of a personal account. The user agrees to provide accurate information and to update it regularly.

3.2. Confidentiality of Credentials

The user is responsible for maintaining the confidentiality of their login credentials and password. Any fraudulent use of these credentials is the user's responsibility.

4. PRODUCTS AND ORDERS

4.1. Nature of Products

The products available on the website are digital files (sound samples, samples, MIDI files, presets, etc.) intended for use in musical projects.

4.2. Order Process

The customer selects one or more products, completes payment, and then receives a download link. Orders are final and non-refundable upon payment confirmation.

4.3. Pricing and Payment

Prices are displayed in euros (EUR), inclusive of all taxes. Payments are processed through Stripe. See Stripe - Terms of Service for Consumers. No recurring subscriptions are offered on the website.

5. PRODUCT USAGE RIGHTS

5.1. License of Use

Purchasing a product grants the customer a non-exclusive, non-transferable, and non-sublicensable license for personal and commercial use in musical projects.

5.2. Restrictions

The customer may not:

Redistribute, resell, or offer the products, in whole or in part, in any form.
Share the files with third parties or make them available on file-sharing platforms.
Use the products to create other sample libraries or sound packs intended for sale.

6. SELLING PRODUCTS AS A CREATOR / SAMPLIST

6.1. Sales Conditions

The seller must have a DiViNe Samples Account and a Connected Stripe Account to sell products.
The selling price is freely set by the creator/samplist, who determines the final price.
DiViNe Samples charges a 25% commission on each sale, meaning the creator/samplist receives 75% of the unit sale price.
DiViNe Samples, via Stripe, manages the sale, payment, and distribution of profits to creators/samplists.
To minimize Stripe fees on bank transfers, creators/samplists receive their earnings on the 30th of each month if sales exceed 20 €. Otherwise, the earnings are carried over to the following months.
DiViNe Samples reserves the right to offer promotional discount coupons applicable to the entire catalog without requiring prior authorization from creators/samplists.
Creators/samplists have access to a detailed dashboard to track their sales and payouts from the DiViNe Samples back-office.
Creators/samplists can offer certain products for free download by setting a price of 0 EUR. In this case, no fees are charged by DiViNe Samples or Stripe.

6.2. Intellectual Property and Removal of Unlawful Content

Creators / samplists warrant that the products uploaded to DiViNe Samples do not contain any elements subject to copyright, trademark, or intellectual property rights owned by third parties, except where explicit and verifiable authorization has been obtained from such rights holders.
If a product contains copyrighted files without proper authorization, DiViNe Samples reserves the right to immediately remove the infringing content upon notification if it is determined to be unlawful.
Any creator / samplist whose content violates these rules may have their account suspended or permanently deleted without prior notice or financial compensation.
DiViNe Samples shall not be held liable for any intellectual property rights violations committed by creators / samplists, who bear sole responsibility for ensuring compliance with applicable intellectual property laws.

7. LIABILITY AND WARRANTIES

7.1. No Warranty

Products are provided "as is", without any express or implied warranty regarding their quality, performance, or suitability for a particular purpose.

7.2. Limitation of Liability

DiViNe Samples shall not be held liable for any direct or indirect damages resulting from the use of the products.

8. RIGHT OF WITHDRAWAL

Pursuant to Article L.221-28 of the French Consumer Code, immediately downloadable digital products are not subject to a right of withdrawal. No cancellations or refunds are possible after purchase.

9. MODIFICATIONS TO THE TCUS

DiViNe Samples reserves the right to modify these TCUS at any time. Changes will apply to future transactions.

10. APPLICABLE LAW AND DISPUTES

These TCUS are governed by French law. In case of a dispute, the parties will strive to reach an amicable solution. If no agreement is reached, the dispute will be submitted to the competent courts of Versailles.

For any questions regarding these TCUS, please contact us via the Contact Form.

Last updated: 2025-02-01