GENERAL TERMS AND CONDITIONS

Table of Contents

  1. Scope of Application
  2. Conclusion of the Contract
  3. Right to Cancel
  4. Prices and Payment Conditions
  5. Shipment and Delivery Conditions
  6. Granting Rights of Use for Digital Content
  7. Reservation of Proprietary Rights
  8. Warranty
  9. Redemption of Campaign Vouchers
  10. Applicable Law
  11. Alternative dispute resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of the company Patrick Tischendorf
PT Informatik (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the Seller’s online shop. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.

1.2 These GTC apply accordingly to the supply of digital content, unless expressly agreed otherwise. Digital content within the meaning of these GTC is data that is created and provided in digital form.

1.3 For contracts regarding the delivery of vouchers, these GTC shall apply accordingly, unless expressly agreed otherwise.

1.4 A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity.

1.5 A trader pursuant to these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

2) Conclusion of the Contract

2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.

2.2 The Client may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart.

2.3 The Seller may accept the Client’s offer within five days,
– by transferring a written order confirmation or an order confirmation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
– by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or
– by requesting the Client to pay after he placed his order.

Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.

2.4 If a payment method offered by PayPal is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full?locale.x=en_DE or, if the Client does not have a PayPal account, subject to the Terms for payments without a PayPal account, available at https://www.paypal.com/uk/webapps/mpp/ua/privacywax-full. If the Client pays by means of a method of payment offered by PayPal which can be selected in the online order process, the Seller hereby declares the acceptance of the Client’s offer at the time when the Client clicks on the button concluding the order process.

2.5 When submitting an offer via the Seller’s online order form, the text of the contract is stored by the Seller after the contract has been concluded and transmitted to the Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The Seller shall not make the contract text accessible beyond this. If the Client has set up a user account in the Seller’s online shop prior to sending his order, the order data shall be stored on the Seller’s website and can be accessed by the Client free of charge via his password-protected user account by specifying the corresponding login data.

2.6 Prior to submitting a binding order via the Seller’s online order form, the Client may recognize input errors by reading attentively the information displayed on the screen. The enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors.
The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.

2.7 The English language is exclusively available for the conclusion of the contract.

2.8 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.

3) Right to Cancel

All sales are final. Due to the nature of digital products which are delivered immediately upon purchase, returns and refunds are not accepted.

4) Prices and Payment Conditions

4.1 Unless otherwise stated in the Seller’s product description, prices indicated are total prices including the statutory sales tax. Delivery costs, where appropriate, will be indicated separately in the respective product description

4.2 Payment can be made using one of the methods mentioned in the Seller’s online shop .

4.3 If a payment method offered via the payment service “PayPal” is selected, the payment shall be processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal that involve advance payments to the client (e.g., purchase on account or payment by instalments), he shall assign his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the client. Before accepting the seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the transmitted client data. The seller reserves the right to refuse the client the selected payment method in the event of a negative check result. If the selected payment method is approved, the client must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, he can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the case of assignment of claims, the seller remains responsible for general customer enquiries, e.g., about the goods, delivery time, dispatch, returns, complaints, cancellation declarations and deliveries or credit notes..

5) Provision of Content

Digital content will be provided to the customer as follows:

  • By direct access through the entrepreneur’s website
  • By download
  • By email

6) Granting of Usage Rights

6.1 Unless otherwise stated in the content description on the entrepreneur’s online shop, the entrepreneur grants the customer a non-exclusive, geographically and temporally unrestricted right to use the provided content for private as well as commercial purposes.

6.2 The transfer of content to third parties or the creation of copies for third parties outside the scope of these terms and conditions is not permitted unless the entrepreneur has consented to the transfer of the contractually agreed license to the third party.

6.3 If the contract relates to the one-time provision of digital content, the granting of rights only becomes effective once the customer has fully paid the contractually owed compensation. The entrepreneur may also temporarily allow the use of the contractual content before this time. Such temporary permission does not result in a transfer of rights.

7) Special Conditions for Processing Digital Content According to Customer Specifications

8.1 If, according to the contract, the entrepreneur is obligated to provide digital content as well as process it according to specific customer specifications, the customer must provide the entrepreneur with all the content necessary for processing, such as texts, images, or graphics, in the file formats, formats, image, and file sizes specified by the entrepreneur, and grant the necessary usage rights for this purpose. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility for ensuring that they have the right to use the content provided to the entrepreneur. In particular, the customer ensures that no third-party rights are violated, especially copyright, trademark, and personality rights.

8.2 The customer indemnifies the entrepreneur from claims by third parties that may arise in connection with an infringement of their rights through the contractual use of the customer’s content by the entrepreneur. The customer also bears the necessary costs of legal defense, including all court and attorney fees, in statutory amounts. This does not apply if the infringement is not attributable to the customer. In the event of a claim by third parties, the customer is obliged to provide the entrepreneur promptly, truthfully, and completely with all information necessary for the examination of the claims and for defense.

8.3 The entrepreneur reserves the right to reject processing orders if the content provided by the customer violates legal or regulatory prohibitions or ethical standards. This applies in particular to the provision of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to youth, and/or glorifies violence.

10) Applicable Law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.

11) Alternative dispute resolution

11.1 The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr.

This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.

11.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.

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