General terms and conditions with customer information
Table of Contents
as shown in Fig.
1. Scope of application
2. Conclusion of contract
3. Right of revocation
5. Transfer of the contents
6. Granting of usage rights
7. Liability for defects
8. Applicable law
9. Information on online dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Sabine Philipps, acting under "AngelsDesignz ®" (hereinafter referred to as "Licensor"), shall apply to all contracts for the delivery of data not made on a physical medium (Digital content) that a consumer or entrepreneur (hereinafter "licensee") concludes with the licensor with regard to the digital contents presented by the licensor in his online shop. This is without prejudice to the inclusion of the licensee's own conditions, unless otherwise agreed.
1.2 The subject matter of the contract is the provision of the digital content offered by the licensor to the licensee in electronic form, granting certain rights of use, which are more precisely regulated in these terms and conditions.
1.3 Consumers within the meaning of these General Terms and Conditions shall be any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. Entrepreneurs within the meaning of these General Terms and Conditions is a natural or legal person or a legal person who is acting in the course of a legal transaction in the exercise of his commercial or independent professional activity.
2) Conclusion of contract
2.1 The content published in the Licensor's online shop does not constitute a binding offer by the licensor, but serves to provide a binding offer by the licensee.
2.2 The licensee may submit the offer via the online order form integrated into the online shop of the licensor. After the selected content has been placed in the virtual shopping cart and the electronic ordering process has been completed, the licensee releases a legally binding contract offer with regard to the content contained in the shopping cart by clicking the button closing the order process. Furthermore, the Licensee may also submit the Offer to the Licensor by telephone, fax or e-mail.
2.3 The licensor may accept the offer of the licensee within five days,
- by submitting to the licensee a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the access of the order confirmation to the licensee is decisive, or
- by assigning to the licensee the ordered contents, whereby access to the licensee is relevant, or
- by requesting the licensee to make payment after submitting his order.
If several of the above alternatives are present, the contract comes into force at the time when one of the above alternatives occurs first. If the licensor does not accept the offer by the licensee within the aforementioned deadline, this shall be deemed to be a rejection of the offer with the result that the licensee is no longer bound by his consent.
2.4 If the "PayPal Express" payment type is selected, payment processing takes place via PayPal (Europe) S.à r.l. Et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), subject to the PayPal Terms of Service, can be viewed at https://www.paypal.com/en/webapps/mpp/ua / Useragreement-full or - if the customer does not have a PayPal account - under the conditions of payments without PayPal account, can be viewed at https://www.paypal.com/en/webapps/mpp/ua/privacywax- Full If the customer selects the method of payment as part of the online order process "PayPal Express", he also issues a payment order to PayPal by clicking the button closing the order process. In this case, the seller, by way of deviation from paragraph 2.3, already declares acceptance of the offer by the customer at the time when the customer triggers the payment process by clicking on the button closing the order process.
2.5 The period for accepting the offer begins on the day after the submission of the offer by the licensee and ends with the expiry of the fifth day following the submission of the offer.
2.6 When submitting an offer via the online order form of the licensor, the contract text is stored by the licensor and sent to the licensee in text form (eg e-mail, fax or letter) after sending his order together with these terms. In addition, the contract text is archived on the website of the licensor and can be accessed free of charge by the licensee via his password-protected user account, indicating the corresponding login data provided that the licensee has created a user account in the online shop of the licenser before sending his order.
2.7 Prior to binding the order via the online order form, the licensee can correct his / her inputs continuously using the usual keyboard and mouse functions. In addition, all entries are displayed once again in a confirmation window before the binding delivery of the order and can also be corrected there using the usual keyboard and mouse functions.
2.8 Only the German language is available for conclusion of the contract.
2.9 Order processing and contacting are generally carried out by e-mail and automated order processing. The customer has to ensure that the e-mail address specified by him for order processing is correct so that the e-mails sent by the licensor can be received at this address. In particular, when using SPAM filters, the customer has to ensure that all e-mails sent by the licensor or by third parties commissioned by the order processing department can be sent.
3) Right of revocation
Consumers are generally entitled to a right of revocation. Further information on the right of revocation can be found in the revocation instruction of the licensor.
4.1 For the granting of rights to the respective contents, the licensor receives a lump sum license fee, the amount of which is shown in the respective article description.
4.2 The prices indicated by the Licensor are total prices. VAT is not shown because the licensor is a small business within the meaning of § 19 (1) UStG.
4.3 In the case of payments in countries outside the European Union, additional costs may arise which are not the responsibility of the licensor and which are to be borne by the licensee. These include, for example, costs for the transfer of money by credit institutions (for example, transfer fees, exchange rate fees).
4.4 There are various payment options available to the Licensee, which are stated in the Licensor's online shop.
4.5 If prepayment has been agreed by bank transfer, the payment is due immediately after conclusion of the contract, provided that the parties have not agreed upon a later due date.
4.6 If the "PayPal" payment type is selected, payment processing is carried out via PayPal (Europe) S.à r.l. Et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg under the PayPal Terms of Service, can be viewed at https://www.paypal.com/en/webapps/mpp/ua/useragreement-full.
5) Transfer of the contents
The contents are only available in electronic form by e-mail or by download from the website of the licensor.
6) Granting of usage rights
6.1 The licensor grants the licensee the right to use the content for private purposes only to the extent permitted by law.
6.2 The transmission of the contents to third parties or the making of copies for third parties outside the framework of these terms and conditions is not permitted unless the licensor has consented to the transfer of the contractual license to the third party.
6.3 The granting of rights shall take effect only if the licensee has paid the contractual remuneration in full. The Licensor may provisionally allow the use of the content of the contract even before this date. A transition of the rights does not take place by such provisional permission.
7) Liability for defects
The statutory liability for defects shall apply.
8) Applicable law
For all legal relations of the parties, the law of the Federal Republic of Germany applies to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice is valid only in so far as the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
9) Information on online dispute resolution
The EU Commission provides an online dispute resolution platform at the following link: http://ec.europa.eu/consumers/odr
This platform serves as a point of departure for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
© 25/04/2018 IT-Recht-Kanzlei