General terms and conditions with customer information
Table of contents
- Scope
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Granting rights of use for digital content
- Granting of rights of use for license keys
- Contract duration and termination for subscription contracts
- Retention of title
- Liability for defects (warranty)
- Special conditions for the processing of goods according to specific customer specifications
- Redemption of action coupons
- Applicable law
- Alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Christian Martens (hereinafter referred to as “Seller”), apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with Seller with regard to the goods displayed by Seller in his online store. Herewith the inclusion of the customer’s own terms and conditions is contradicted, unless otherwise agreed.
1.2 These GTC shall apply accordingly to contracts for the delivery of digital content, unless otherwise expressly agreed.
1.3 For contracts for the delivery of tickets, these GTC shall apply accordingly, unless expressly agreed otherwise. These GTCs only govern the sale of tickets for certain events specified in the Seller’s item description and not the execution of these events. For the execution of the events, the legal provisions in the relationship between the customer and the organizer as well as any terms and conditions of the organizer deviating from these shall apply exclusively. If the seller is not also the organizer, he is not liable for the proper execution of the event, for which the respective organizer is exclusively responsible.
1.4 For contracts for the delivery of license keys these terms and conditions shall apply accordingly, unless otherwise expressly agreed. In this context, the Seller shall owe the provision of a license key for the use of the software or contents described by him and the granting of the contractually agreed rights to use the respective software or contents. The customer does not acquire any intellectual property rights to the software or content. The respective product description in the Seller’s online store is decisive for the quality of the software or content.
1.5 A consumer in the sense of these GTC is any natural person who enters into a legal transaction for purposes that cannot be predominantly attributed to his commercial or independent professional activity. Entrepreneur in the sense of 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.
1.6 Digital content within the meaning of these GTC is all data not contained on a physical data carrier, which is produced in digital form and made available by the Seller by granting certain rights of use which are more precisely regulated in these GTC.
1.7 Depending on the Seller’s product description, the subject matter of the contract may be both the purchase of goods by way of a one-time delivery and the purchase of goods by way of a permanent delivery (hereinafter “Subscription Contract”). In the case of a subscription contract, the Seller undertakes to supply the Customer with the contractually owed goods for the duration of the agreed contract period at the contractually owed time intervals.
2) Conclusion of contract
2.1 The product descriptions contained in the Seller’s online store do not represent binding offers on the part of the Seller, but serve to provide a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated into the seller’s online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding offer to enter into a contract for the goods in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer can also submit the offer to the Seller by telephone, e-mail or online contact form.
2.3 The seller can accept the customer’s offer within five days,
by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
by requesting the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer has sent the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration 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 or – if the Customer does not have a PayPal account – subject to the Terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal, which can be selected in the online order process, the seller declares the acceptance of the customer’s offer at the moment the customer clicks on the button completing the order process.
2.5 When an offer is submitted via the Seller’s online order form, the text of the contract is stored by the Seller after the conclusion of the contract and is sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The Seller will not make the text of the contract accessible beyond this. If the Customer has set up a user account in the Seller’s online store before sending his order, the order data will be archived on the Seller’s website and can be accessed by the Customer free of charge via his password-protected user account by entering the relevant login data.
2.6 Before the binding submission of the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, which is used to enlarge the display on the screen. Within the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.7 English is available for the conclusion of the contract.
2.8 Order processing and contact are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More detailed information on the right of revocation is contained in the Seller’s revocation instructions.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs that may be incurred shall be stated separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The customer will be informed of the payment option/s in the seller’s online store.
4.4 If the payment method invoice purchase is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price shall be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method Invoice Purchase only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case the seller will inform the customer in his payment information in the online store about a corresponding payment restriction.
4.5 If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. The payment is processed by the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as “Stripe”). Stripe reserves the right to carry out a credit assessment and to refuse this method of payment if the credit assessment is negative.
5) Delivery and shipping conditions
5.1 Unless otherwise agreed, goods shall be delivered by dispatch to the delivery address indicated by the customer. The delivery address specified in the Seller’s order processing shall be decisive for the transaction.
5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This shall not apply with regard to the costs of the return shipment if the customer effectively exercises his right of revocation. For the costs of return shipment, if the customer effectively exercises his right of revocation, the provision made in the seller’s revocation instruction applies.
5.3 Collection by the customer is not possible for logistical reasons.
5.4 Digital content is provided to the Customer exclusively in electronic form as follows:
by download
by e-mail
5.5 Tickets are provided to the customer as follows:
by download
by e-mail
5.6 License keys are provided to the customer as follows:
by download
by e-mail
6) Granting rights of use for digital content
6.1 Unless otherwise stated in the DeepL description in the seller’s online store, the seller grants the customer the non-exclusive, locally and temporally unrestricted right to use the content provided for private and business purposes.
6.2 The transfer of the contents to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted unless the Seller has agreed to a transfer of the contractual license to the third party.
6.3 The granting of rights shall only become effective when the Customer has paid the contractually owed remuneration in full. The Seller may also provisionally permit use of the contractual content even before this date. Such provisional permission shall not result in a transfer of rights.
7) Granting of rights of use for license keys
7.1 The license key provided entitles the Customer to use the software or content evident from the respective product description to the extent described therein.
7.2 The granting of rights shall only become effective once the Customer has paid the remuneration owed in full.
8) Duration and termination of the contract for subscription contracts
8.1 Subscription contracts are concluded for an unlimited period and can be terminated by the Customer at the end of each month.
8.2 The right to extraordinary termination for good cause shall remain unaffected. Good cause shall be deemed to exist if, taking into account all circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.
8.3 Notices of termination must be given in writing or in text form (e.g. by e-mail).
9) Retention of title
If the seller makes advance payment, he reserves the right of ownership of the delivered goods until full payment of the purchase price owed.
10) Liability for defects (warranty)
10.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
10.2 If the customer acts as a consumer, he is asked to complain about delivered goods with obvious transport damages to the deliverer and to inform the seller. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
11) Special conditions for the processing of goods according to specific specifications of the customer
11.1 If, according to the content of the contract, the Seller is responsible for processing the goods in accordance with certain specifications of the Customer in addition to the delivery of the goods, the Customer shall provide the Seller with all content required for processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the Seller and shall grant the Seller the necessary rights of use. The customer alone is responsible for the procurement and acquisition of rights to this content. The customer declares and accepts responsibility for the fact that he/she has the right to use the content provided to the seller. In particular, he shall ensure that this does not infringe any rights of third parties, in particular copyright, trademark and personal rights.
11.2 The Customer shall hold the Seller harmless from any claims of third parties which they may assert against the Seller in connection with an infringement of their rights by the contractual use of the Customer’s content by the Seller. The Customer shall also assume the reasonable costs of the necessary legal defence including all court and attorney’s fees in the statutory amount. This does not apply if the customer is not responsible for the violation of rights. In the event of a claim by third parties, the customer is obliged to provide the seller immediately, truthfully and completely with all information necessary for the examination of the claims and a defense.
11.3 The Seller reserves the right to refuse processing orders if the contents provided by the Customer for this purpose violate legal or official prohibitions or are immoral. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth endangering and/or violence glorifying content.
12) Redemption of campaign vouchers
12.1 Vouchers which are issued free of charge by the Seller within the scope of advertising campaigns with a certain period of validity and which cannot be purchased by the Customer (hereinafter referred to as “campaign vouchers”) can only be redeemed in the Seller’s online store and only within the specified period.
12.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
12.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent charging is not possible.
12.4 Only one promotion voucher can be redeemed per order.
12.5 The value of the goods must be at least the amount of the promotion voucher. Any remaining credit will not be refunded by the Seller.
12.6 If the value of the promotion voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller can be chosen to settle the difference.
12.7 The credit balance of a promotion voucher will neither be paid out in cash nor will interest be paid on it.
12.8 The promotion voucher will not be refunded if the Customer returns the goods paid for in full or in part with the promotion voucher within the scope of his statutory right of revocation.
12.9 The promotion voucher is transferable. The Seller can make payment with discharging effect to the respective owner who redeems the promotion voucher in the Seller’s online store. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-authorization, incapacity or lack of authorization to represent the respective owner.
13) Applicable law
All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
14) Alternative dispute resolution
14.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the extrajudicial settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
14.2 The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.