General Terms and Conditions with Customer Information
Table of Contents
- Scope of Application
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Terms
- Delivery and Shipping Conditions
- Granting of Usage Rights for Digital Content
- Granting of Usage Rights for License Keys
- Retention of Title
- Liability for Defects (Warranty)
- Redemption of Promotional Vouchers
- Applicable Law
- Jurisdiction
- Code of Conduct
- Alternative Dispute Resolution
1) Scope of Application
1.1
These General Terms and Conditions (hereinafter referred to as “GTC”) of Immocado UG (haftungsbeschränkt) (hereinafter referred to as “Seller”) apply to all contracts concluded between a consumer or entrepreneur (hereinafter referred to as “Customer”) and the Seller regarding the goods presented in the Seller’s online shop. The inclusion of the Customer’s own terms and conditions is hereby objected to unless otherwise agreed.
1.2
These GTC also apply to contracts for the delivery of digital content unless otherwise expressly regulated.
1.3
For contracts concerning the delivery of license keys, these GTC apply accordingly, unless otherwise expressly stipulated. The Seller is only obligated to provide a license key for the use of the software or content described by the Seller and to grant the contractually agreed rights for its use. The Customer does not acquire intellectual property rights to the software or content. The product description in the Seller’s online shop is decisive for the features of the software or content.
1.4
A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession. An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the course of their commercial or independent professional activity.
1.5
Digital content within the meaning of these GTC refers to all data not stored on a physical medium, which is created in digital form and provided by the Seller under specific usage rights regulated in these GTC.
2) Conclusion of Contract
2.1
The product descriptions contained in the Seller’s online shop do not constitute binding offers from the Seller but serve as an invitation to the Customer to submit a binding offer.
2.2
The Customer can submit the offer via the online order form integrated into the Seller’s online shop. By completing the electronic ordering process and clicking the final order button, the Customer submits a legally binding contract offer regarding the goods in the shopping cart.
2.3
The Seller may accept the Customer’s offer within five days by:
- Sending the Customer a written order confirmation or confirmation in text form (fax or email), in which case receipt of the confirmation by the Customer is decisive, or
- Delivering the ordered goods to the Customer, in which case receipt of the goods by the Customer is decisive, or
- Requesting payment from the Customer after the order has been placed.
If multiple of the above alternatives apply, the contract is concluded at the moment when one of the alternatives first occurs. The acceptance period begins the day after the Customer submits their offer and ends on the fifth day following submission. If the Seller does not accept the Customer’s offer within this period, it is considered a rejection of the offer, and the Customer is no longer bound by their declaration of intent.
2.4
When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller and sent to the Customer in text form (e.g., email, fax, or letter) after submitting the order. The contract text is not otherwise made available. If the Customer has created a user account in the Seller’s online shop before submitting their order, the order data will be archived on the Seller’s website and can be accessed by the Customer via their password-protected user account.
2.5
Before submitting a binding order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the on-screen information. A technical means of better recognizing input errors can be the zoom function of the browser, which enlarges the display. The Customer can correct their entries using the standard keyboard and mouse functions until they click the final order button.
2.6
The contract language is exclusively German.
2.7
Order processing and contact are usually conducted via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that the emails sent by the Seller can be received. Particularly when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties authorized by the Seller for order processing can be delivered.
3) Right of Withdrawal
3.1
Consumers generally have a statutory right of withdrawal.
3.2
Detailed information on the right of withdrawal can be found in the Seller’s withdrawal policy.
4) Prices and Payment Terms
4.1
Unless otherwise stated in the Seller’s product description, the prices listed are total prices including statutory VAT. Any additional shipping costs are specified separately in the respective product description.
4.2
For deliveries outside the European Union, additional costs (e.g., banking fees, import duties, taxes) may apply, which the Seller is not responsible for.
4.3
Available payment methods are provided in the Seller’s online shop.
4.4
If prepayment via bank transfer is agreed, payment is due immediately upon contract conclusion unless a later due date has been agreed upon.
4.5 – 4.9
The processing of payments via PayPal, SOFORT, Stripe, or Klarna follows the respective provider’s terms, available in the Seller’s payment information.
5) Delivery and Shipping Conditions
5.1
Delivery of goods is made to the shipping address specified by the Customer unless otherwise agreed.
5.4
Digital content is provided electronically via download.
5.5
License keys are provided via email.
6) Granting of Usage Rights for Digital Content
- The Seller grants the Customer non-exclusive, perpetual, worldwide usage rights for private and business use unless otherwise stated.
- Transfer to third parties is not permitted without the Seller’s consent.
- Rights are only granted upon full payment.
7) Granting of Usage Rights for License Keys
- The license key entitles the Customer to use the software/content as described in the product listing.
- Rights are only granted upon full payment.
8) Retention of Title
If the Seller provides advance performance, they retain ownership of the delivered goods until full payment of the due purchase price has been made.
9) Liability for Defects (Warranty)
9.1
If the purchased item is defective, the statutory provisions on liability for defects apply.
9.2
The Customer is requested to report delivered goods with obvious transport damage to the carrier and to inform the Seller accordingly. Failure to do so does not affect the Customer’s statutory or contractual claims for defects.
10) Redemption of Promotional Vouchers
10.1
Vouchers that are issued free of charge by the Seller within the scope of promotional campaigns with a specific validity period and that cannot be purchased by the Customer (hereinafter referred to as “Promotional Vouchers”) can only be redeemed in the Seller’s online shop and only within the specified period.
10.2
Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the Promotional Voucher.
10.3
Promotional Vouchers can only be redeemed before the completion of the ordering process. Subsequent offsetting is not possible.
10.4
Only one Promotional Voucher can be redeemed per order.
10.5
The value of the goods must be at least equal to the amount of the Promotional Voucher. Any remaining balance will not be refunded by the Seller.
10.6
If the value of the Promotional Voucher is not sufficient to cover the order, the Customer may choose one of the other payment methods offered by the Seller to settle the difference.
10.7
The balance of a Promotional Voucher will neither be paid out in cash nor accrue interest.
10.8
The Promotional Voucher will not be refunded if the Customer returns the goods, in whole or in part, paid for with the Promotional Voucher under their statutory right of withdrawal.
10.9
The Promotional Voucher is transferable. The Seller may provide performance with discharging effect to the respective holder who redeems the Promotional Voucher in the Seller’s online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the unauthorized, legally incompetent, or unrepresentative status of the respective holder.
11) Applicable Law
11.1
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.
11.2
Furthermore, this choice of law does not apply to consumers who, at the time of contract conclusion, do not belong to a member state of the European Union and whose sole place of residence and delivery address at the time of contract conclusion is outside the European Union.
12) Jurisdiction
If the Customer acts as a merchant, a legal entity under public law, or a special fund under public law based within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller’s registered office.
If the Customer is based outside the territory of the Federal Republic of Germany, the Seller’s registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activity. In the aforementioned cases, however, the Seller is always entitled to bring an action before the court at the Customer’s registered office.
13) Code of Conduct
- The Seller has submitted to the Trusted Shops quality criteria, which can be viewed on the Internet at:
http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf
14) Alternative Dispute Resolution
14.1
The European Commission provides an Online Dispute Resolution (ODR) platform, which can be accessed at:
https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.
14.2
The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.