Who is “we” and who is “you”?
“We” means the company Red libraries, represented by Frederic Devanlay. ”You” means you – the curious visitor, the customer, the newsletter subscriber, in short: each living individual that visits the site.
What is GDPR?
GDPR stands for General Data Protection Regulation and is was introduced to unify all EU member states’ approaches to data regulation, ensuring all data protection laws are applied identically in every country within the EU. It will protect EU citizens from organisations using their data irresponsibly and puts them in charge of what information is shared, where and how it’s shared.
Personal Data and Data Protection
Personal data is any data from which you could be identified. In the case of our website this encompasses your name, your billing address, your email, your IP-address, informations about your browser and operating system. All data that you submit is solely used to process the requested services that are offered at the Red libraries webpage. The submitted data are only passed on to third parties if this is required to fulfill the requested service.
Due to the technical nature of the “Internet” transmitted datas may be subject to security breaches. Though personal data will be transmitted in encoded, secure form (SSL), we shall accept no liability for data security during these transmissions via the internet (e.g. in the case of technical errors on the part of the internet service provider) or for unlawful third-party access to files at the Red libraries webpage and hosting servers. Please be aware that overarching protection of your data from illegal third-party access is not possible.
What personal datas do we collect from you?
In order to offer and provide the full potential of our webstore we may ask you for certain personal data, depending on the kind of service you request. Below you find a description of the services and what personal datas are necessary to use them.
Our contact form service is offered in accordance with GDPR, Art.6 (1)(b). When you send us a message from our contact page we only ask for your email address, the subject of your message and of course the message itself. These informations are necessary to start a proper conversation that aims to answer your request. However, in order to personalize the conversation you can also send us your name but this is voluntary. All messages we receive from our contact page will only be used to process the respective subject of your message. During the evolving conversation we will not send any off-topic informations like advertising or product recommendations. Once the subject is processed to your full satisfaction the conversation will be stored for 6 month in order to pick it up if further questions concerning the subject occur.
Our newsletter subscription service is offered in accordance with GDPR, Art.6 (1)(a).
In order to offer you a satisfying newsletter service we work together with MailChimp
Purchase and Account
Our user account service is offered in accordance with GDPR, Art.6 (1)(c)(f)
When you purchase at Red libraries we would ask for your First and Last Name, email address and billing address. These informations are necessary in order to send you links to your downloads and a receipt that is compliant with TAX authorities. However, in order to provide you with a personal purchase history you can also create a personal account during the checkout process or from the account page.
The account data, also known as login credentials, are automatically sent to a new customer/user upon registration, except the password. The user/customer shall treat these credentials as strictly confidential as Red libraries shall accept no responsibility for the use of this data.
In order to be compliant with French TAX authorities we need to maintain a record of all your purchases. This includes your First and Last Name, your email address, the date of the purchase, what items were ordered, how much was paid and the IP address used to make the purchase.
Server log files
In order to ensure smooth and secure operation our website provider automatically stores and collects information that your browser transmits to us in so called “server log files”. These informations encompass:
* Browser type and browser version
* Referrer URL
* Host name of the accessing computer
* Operating system
* Time of the server request
* IP address These informations will not be combined with data from other sources.
In order to be compliant with French TAX authorities Paypal provides us with records of all your purchases. These records include your First and Last Name, your email address, the date of the purchase, ordered items, payment amount and the IP address used to make the purchase.
Cookies are small text files that your browser stores on your computer and they neither contain viruses nor do they harm your computer.
In accordance to GDPR Art. 6 (1)(f) we have a legitimate interest in the storage of cookies as it makes sure that we can provide an optimized service free of technical errors. They help us to make our website more user-friendly, secure, and efficient.
Most of the cookies we use are so-called “session cookies” which are automatically deleted after your visit. All the other cookies remain in your device’s memory until you delete them. These cookies are used to recognize your browser when you visit the site next time.
Google will use this information on our behalf to evaluate your use of our website. The IP address that your browser transmits within the scope of Google Analytics will not be associated with any other data held by Google.
The IP anonymization feature is active on this website. That means your IP address will be truncated beforehand within the area of Member States of the European Union or other parties to the Agreement on the European Economic Area. This happens prior to transmission to the United States.
You can further prevent the collection of data generated by the cookie and related to your use of the website (including your IP address) to Google, as well as the processing of this data by Google, by downloading and installing the browser plugin available at the following link: http://tools.google.com/dlpage/gaoptout?hl=de
Information, deletion, blocking As permitted by law, you have certain rights. At any time you have the right to be provided with information about any of your personal data that is stored. This includes its origin, the recipient and the purpose for which it has been processed. You also have the right to have your personal data blocked, deleted, or corrected.
Any mandatory statutory provisions, especially those regarding mandatory data retention periods, remain unaffected by this provision.
Who we are
/Frederic Devanlay (CEO)
27 Ter rue du Progrès
Big wheels/Red libraries
SARL au capital de 8000 Euros
RCS Bobigny : B 379 689 839
Siret : 379-689-839-00023-APE 5920 Z
TVA ID / Sales Tax (VAT) ID
The content of the pages and sub-pages hosted at www.redlibraries.com was created with great care. Red libraries – represented by Frederic Devanlay (CEO) – can not take any responsibility for this web site being correct, complete and up to date. Red libraries likewise assumes no liability for errors of an editorial or technical nature. Liability claims for material and non-material damage that may result from the use of incorrect or incomplete information or from the use of the information provided are strictly excluded unless Red libraries as service provider is culpable of intent or gross negligence. As service provider Red libraries is not obliged to monitor transmitted or stored third-party information or to investigate circumstances indicating illegal activity. The obligation to remove or block the use of information in accordance with the general legislation remains unaffected by this. Liability in this respect is only possible however from the point at which there is knowledge of an actual infringement. On becoming aware of corresponding breaches of the law Red libraries shall remove this content immediately.
Red libraries reserves the right to make changes at any time to parts or the whole of the content and offers on it´s website, to add to, remove or completely suspend them. The offers on this website are non-binding and subject to change.
The Red libraries website may contain links to external third-party websites. A link of this type is purely for information. Red libraries has no influence on the content of the external website and therefore assumes no responsibility for this third-party content. The responsibility lies with the providers of these third-party websites. At the time the link was set up, the linked pages were checked with great care for illegal content. Illegal content was not identifiable at this time. The content of the linked external websites will also be checked at regular intervals in future. It is however pointed out that the content and configuration of the linked pages may be changed at any time without the knowledge and influence of Red libraries. Therefore Red libraries expressly distances itself herewith from all content and configurations of linked pages. On becoming aware of infringements on external web pages to which Red libraries is linked, Red libraries shall remove such links immediately. The exclusion of liability also applies analogously to content and configuration of such pages that may be reached by further hyperlinks on the linked page. Liability for such hyperlinks is therefore particularly excluded.
Copyright The content and works on these web pages are subject to French copyright law. The copyright to the text and picture material used lies with Frederic Devanlay (originator) if there are no acknowledgements of third-party contributions. Duplicating and using the texts, graphics and pictures used here outside the limits of copyright is not permitted without the prior written consent of the publisher. Designated brands and those registered to third parties are in each case subject to the applicable statutory regulation of the trademark legislation and titles of the respective registered owners. Downloading copies is only permitted for private, non-commercial use.
Commercial download products offered at the Red libraries webpage and purchasable by potential customers via the checkout page are excluded from these conditions. Download products are covered by a separate Licence agreement.
Red libraries always strives to observe the copyrights of others or to use its own or license-free works. Where personal details, for example name, title, photo, address or email addresses are collected, this is always carried out on a voluntary basis with the consent of the data subject.
Offers and services provided at Red libraries webpage may include the recording of personal data. The data collected by Red libraries are not disclosed to third parties without the express consent of the customers and users of the website.
The use of legally required published contact data by third parties for sending unsolicited advertisements and information materials is hereby expressly opposed. Red libraries expressly reserves the right to take legal action in the event of unsolicited advertising, such as spam emails.
If any wording of this exclusion of liability or parts of it no longer or only partially reflect the current legal position, this does not affect the validity of the remaining parts of the text with its content.
Licensing Files and content provided by Red libraries itself are subject to the conditions of the respective licence agreement which shall be included as a readable and printable document in the download file. Red libraries only permits the usage of content legally acquired via the internet portal “www.redlibraries.com” in combination with software applications and instruments intended for use with it. Usage of content shall be restricted to a maximum of two local computers. These two computers are to be operated on a non-simultaneous basis by one user only. Multi-user usage of content acquired on a one-off basis is prohibited without exception. The customer shall be permitted to use content for their own private and commercial music, film music, television music, advertising music and multimedia productions. For reasons of data security the lawful purchaser of Red libraries content shall be permitted to produce a safety copy on an external data carrier. This permission shall extend to a maximum total of one safety copy. The removal of samples and/or patches from the sound databases is explicitly prohibited except that this is necessary for the proper use of the downloads. The addition of Red libraries content to other databases and the use of content to create new sound databases, whether by changing the order of samples and/or patches, editing and/or amending the spectral structure of samples or changing the order of and/or amending patches, is strictly prohibited. Red libraries content or parts thereof shall not be passed on, lent, rented out or sold to third parties. Furthermore, the distribution of Red libraries content via all distribution channels known at the present and in the future is prohibited. In purchasing, installing and using Red libraries content the customer declares themselves to be in agreement with the applicable licensing agreements. Any contravention is punishable by law.
General Terms and Conditions
1 – General
1.1) All services provided to the client by Big wheels/The Red libraries shall be carried out solely on the basis of the following General Terms and Conditions.
1.2) These General Terms and Conditions shall also be valid in the instance of Big wheels/The Red libraries carrying out a delivery on an unconditional basis whilst fully aware of differing customer conditions.
1.3) Differing provisions shall only be valid if they have been agreed in writing between Big wheels/The Red libraries and the customer.
2 – Offer, Conclusion of Contract, Subscriptions
2.1) Big wheels/The Red libraries shall make sound databases consisting of samples and presets (hereinafter “content”) available for digital download via its internet portal “http://www.bigwheels-sounddesign.com/« and affiliated subdomains.
2.2) Offers made by Big wheels/The Red libraries on the internet shall solely constitute a non-binding request to the client to buy goods in the online shop.
2.3) In ordering their desired goods on Big wheels/The Red libraries the client submits a binding offer to complete a sales contract.
2.4) The Big wheels/The Red libraries online shop shall be entitled to accept this offer immediately and shall make reference to these General Terms and Conditions in doing so.
2.5) Unless otherwise stated the purchase of goods shall occur against payment in the form of a one-off purchase or within the framework of a subscription.
2.6) Subscriptions shall be concluded separately between the client and PayPal (Europe) S.à r.l. & Cie, S.C.A. The general terms and conditions of PayPal (Europe) S.à r.l. & Cie, S.C.A. shall then be valid in addition to the General Terms and Conditions of Big wheels/The Red libraries.
2.7) Subscriptions shall be terminable at any time and without any special periods of notice. Big wheels/The Red libraries shall impose no further demands on the client once termination has occurred. Payments already made shall not be refunded to the client by Big wheels/The Red libraries.
3 – Prices, Terms of Payment
3.1) All of our products delivered within the EU shall be subject to French VAT, which currently stands at 20%.
3.2) In the instance of deliveries to countries outside of the EU French VAT shall not apply and gross prices are charged.
3.3) Big wheels/The Red libraries is entitled to amend the prices of products offered at any time and without prior notice. This excludes subscription prices, which shall only be amended after a minimum notice period of 4 weeks. Notice shall be given either on the website http://www.relibraries.com or in the form of a newsletter.
4 – Supply, Guarantee
4.1) As a rule the supply of goods purchased shall occur immediately after order completion. Once a purchase has been completed or a subscription taken out Big wheels/The Red libraries shall give the customer 3 attempts in a period of 72 hours to download the respective product, whereafter the purchase process shall be considered to have been completed.
4.2) The customer shall ensure that they meet the technical and actual prerequisites for the receipt of files and content. It shall also be the responsibility of the customer to have suitable software in place which facilitates the proper opening and editing of content.
4.3) The non-fulfilment of the prerequisites set out in clause 4.2 shall have no influence on the realization of the contract between the customer and Big wheels/The Red libraries.
5 – Right of Withdrawal
5.1) Once the requested files and content have been provided to the customer in the form of a download link and/or email the contract shall no longer be rescindable. There shall therefore be no right to withdrawal in this scenario.
5.2) Files and content shall also be seen as having been provided under the terms of clause 5.1 if delivery is prevented by circumstances beyond the control of Big wheels/The Red libraries. In particular the customer shall observe the obligations set out in clause 4.2.
6 – Liability
6.1) Big wheels/The Red libraries shall take the utmost care over the creation and maintenance of files and content. Big wheels/The Red libraries can nevertheless offer no guarantee that files and content are suitable to and correct for the concrete requirements of the customer. The customer selects and uses files and content as they see fit.
Big wheels/The Red libraries shall therefore accept no liability for incorrect usage of files and content.
6.2) Files and content made available by Big wheels/The Red libraries serve as a recommendation only. They do not in any case constitute a substitute for the specialist qualifications the customer requires in order to work with the files and content provided.
The customer shall therefore take legal and other specialist advice prior to using files and content if required. If the customer neglects to do so and damage occurs as a result Big wheels/The Red libraries shall again be excluded from liability for those damages.
7 – Licensing
7.1) Files and content provided by Big wheels/The Red libraries itself are subject to the conditions of the respective licence agreement, which shall be included as a readable and printable document in the download file.
7.2) Big wheels/The Red libraries only permits the usage of content legally acquired via the internet portal “http://www.bigwheels-sounddesign.com/” in combination with software applications and instruments intended for use with it.
7.3) Usage of content shall be restricted to a maximum of two local computers. These two computers are to be operated on a non-simultaneous basis by one user only. Multi-user usage of content acquired on a one-off basis or as part of a subscription is prohibited without exception.
7.4) The customer shall be permitted to use content for their own private and commercial music, film music, television music, advertising music and multimedia productions. For reasons of data security the lawful purchaser of Big wheels/The Red libraries content shall be permitted to produce a safety copy on an external data carrier. This permission shall extend to a maximum total of one safety copy.
7.5) The removal of samples and/or patches from the sound databases is explicitly prohibited. The addition of Big wheels/The Red libraries content to other databases and the use of content to create new sound databases, whether by changing the order of samples and/or patches, editing and/or amending the spectral structure of samples or changing the order of and/or amending patches, is prohibited.
7.6) Big wheels/The Red libraries content or parts thereof shall not be passed on, lent, rented out or sold to third parties. Furthermore, the distribution of Big wheels/The Red libraries content via all distribution channels known at the present time is prohibited.
This shall exclude the clearances set out in clause 7.4.
7.7) In purchasing, installing and using Big wheels/The Red libraries content the customer declares themselves to be in agreement with the applicable licensing agreements. Any contravention is punishable by law.
8 – Intellectual Property
8.1) All third-party logos, images and graphics depicted on the internet portal “http://www.bigwheels-sounddesign.com/” are the property of the corresponding companies and subject to corresponding licensor copyright.
8.2) All content, photos, logos, texts, reports, scripts and programming routines which have been developed or edited by Big wheels/The Red libraries itself and are depicted or made available on the pages of Big wheels/The Red libraries shall not be copied or used elsewhere.
8.3) All copyrights, usage rights and other intellectual property rights pertaining to files and content shall remain with Big wheels/The Red libraries. All rights reserved.
9 – Data Protection
9.1) Data provided by the customer shall be used by Big wheels/The Red libraries for the processing of the former’s orders only. Big wheels/The Red libraries shall treat all data as strictly confidential.
9.2) Data shall only be passed on to third parties if this is required as part of order processing. Though order data will be transmitted in encoded, secure form, Big wheels/The Red libraries shall accept no liability for data security during these transmissions via the internet (e.g. in the case of technical errors on the part of the internet service provider) or for unlawful third-party access to files at Big wheels/The Red libraries.
9.3) Access data for the customer login function, which is provided to the customer at their request, shall be treated as strictly confidential by the customer as Big wheels/The Red libraries shall accept no responsibility whatsoever for the use of this data.
10 – Amendments
10.1) Technical and factual amendments to offers on Big wheels/The Red libraries can be made at any time and without prior notice. The type and scope of such amendments shall be at the sole discretion of Big wheels/The Red libraries.
10.2) Big wheels/The Red libraries shall be at liberty to change these General Terms and Conditions at any time. Such changes may lead to the General Terms and Conditions in their current form becoming irretrievable at some point in the future. The customer therefore has the option to save these General Terms and Conditions in their current form now or print them for filing in their own records. Obsolete General Terms and Conditions shall not be saved by Big wheels/The Red libraries.
11 – Third-Party Offers, Links
11.1) In some cases Big wheels/The Red libraries may provide the customer with links to third-party websites and/or partner offers. Big wheels/The Red libraries has no control over their form and content and shall therefore accept no liability for the correctness, topicality, completeness, legality and quality of the information made available. Links to other websites shall be provided solely for the convenience of portal users. Users who connect to third-party websites shall do so at their own risk.
12 – Applicable Law, Jurisdiction
12.1) The laws of France shall apply in all cases.
To the extent that a jurisdiction agreement is legally permissible, any disputes arising hereunder shall be settled before a competent court of law in Bobigny, France. Big wheels/The Red libraries shall nonetheless be entitled to bring an action against the ordering party at its place of residence or seat of business.
13 – Return policy and refunds
13.1) Since downloads unfortunately can’t be returned, all sales are final and there are no refunds, unless required by consumer laws. If returns are required by a consumer law, this return policy is only valid until download of the product(s) has begun. For business purchases, all sales are final. If you have problems with a download or defects in a product, please contact us at firstname.lastname@example.org and we’ll help out.