Terms of service
1. Scope
These Terms and Conditions (hereinafter "T&C") apply to all contracts concluded between CaptureKings OG, Tainacherfeld 11, 9121 Tainach, Austria, Email: office(at)capture-kings.com (hereinafter "Provider") and the buyer (hereinafter "Customer") via the online shop at capture-kings.com.
Deviating terms and conditions of the Customer shall not be recognized unless the Provider expressly agrees to their validity in writing.
2. Subject Matter of the Contract
The Provider sells exclusively digital products in the form of guitar amp and effect captures (hereinafter "Captures") for the Neural DSP Quad Cortex. All products are digital content only – no physical delivery takes place.
Captures are manually assigned to the Customer's Quad Cortex account upon receipt of payment. A valid Neural DSP account and a functioning Quad Cortex device are required to use the products. The Provider assumes no responsibility for ensuring that the Customer has the necessary hardware and software.
3. Conclusion of Contract
The contract is concluded upon completion of the order and full payment. The Customer will immediately receive a confirmation email acknowledging receipt of the order and confirming the upcoming assignment of the purchased Capture to their Quad Cortex account.
By completing the order, the Customer expressly consents to the immediate provision of the digital content and acknowledges that the right of withdrawal is excluded once the Capture has been assigned to the Customer's Quad Cortex account (see Section 8 for further details).
The assignment will be carried out within 1–2 business days. Once the assignment has been completed, the Customer will receive a final notification via email.
4. Legal Capacity
By placing an order, the Customer declares that they are fully legally competent and entitled to enter into legally binding contracts.
5. Prices and Payment
All prices are inclusive of the applicable statutory value-added tax. As all products are delivered digitally, no shipping or delivery costs apply.
The Provider reserves the right to adjust prices at any time. The price applicable at the time of the order shall be binding.
Payment is processed via the payment methods available in the shop (credit card, PayPal, and other payment options available through Shopify Payments). Payment is due upon completion of the order.
6. Delivery of the Product
Upon receipt of payment, the purchased Capture will be manually assigned to the Customer's Quad Cortex account. The Customer will be notified of the completed assignment via email.
The assignment is generally carried out within 1–2 business days of receipt of payment. The Customer has no right to immediate delivery.
7. License and Usage Rights
The fine print: All amp and pedal brands are trademarked by their respective owners and are in no way affilliated with Capture Kings. You are purchasing a license to use these Captures for your own personal and/or professional use but Captures are not for resale or any other unlicensed distribution, free or compensated. The Captures simply seek to re-create the sound of the amplifiers listed and any use of brand names is strictly for comparison and descriptive purposes.
8. Exclusion of the Right of Withdrawal
As all products offered by the Provider are provided exclusively as digital content, the statutory 14-day right of withdrawal is excluded in accordance with § 18 para. 1 no. 11 of the Austrian Consumer Protection Act (FAGG) and Art. 16 lit. m of the EU Consumer Rights Directive, once the product has been assigned to the Customer's Quad Cortex account.
For further details regarding refunds, please refer to the separate Refund Policy.
9. Product Range and Availability
The Provider reserves the right to remove products from the range, modify them, or adjust prices at any time without giving rise to any claims by the Customer. Purchases already completed are not affected by such changes.
10. Liability
The Provider is liable without limitation for damages caused by intent or gross negligence.
In all other respects, the Provider's liability is limited to the minimum extent permitted by law. In particular, the Provider does not guarantee that a Capture will achieve a specific sound or tonal result. The quality and character of a Capture depend on numerous external factors beyond the Provider's control.
The Provider is not liable for incompatibilities or functional limitations resulting from changes to the Neural DSP platform or the Quad Cortex device made by the manufacturer.
11. Privacy
The collection and processing of personal data is carried out in accordance with the Provider's separate Privacy Policy, which is available on the website.
12. Governing Law and Jurisdiction
These T&C are governed exclusively by Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
For disputes arising from or in connection with these T&C, the competent court in Austria shall have jurisdiction, to the extent permitted by law. For consumers, the statutory place of jurisdiction applies.
The Provider is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board. The European Commission provides a platform for online dispute resolution at https://ec.europa.eu/consumers/odr.
13. Severability Clause
Should any provision of these T&C be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by the legally permissible regulation that most closely reflects the economic purpose of the invalid provision.