General terms and conditions with customer information
Table of contents
- Scope of application
- Conclusion of contract
- Right of revocation
- Transfer of the contents
- Granting of rights of use
- Liability for defects
- Applicable law
- Alternative dispute resolution
1.1 These General Terms and Conditions (hereinafter referred to as 'GTC') of Nieraad Development UG (haftungsbeschränkt) (hereinafter referred to as 'Licensor'), shall apply to all contracts for the delivery of data not located on a physical data carrier, which are produced and provided in digital form (digital content), which a consumer or entrepreneur (hereinafter referred to as 'Licensee') concludes with the Licensor with regard to the digital content presented by the Licensor in its online store. The inclusion of the Licensee's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 The subject matter of the contract is the transfer of the digital content offered by the Licensor to the Licensee in electronic form under the granting of certain rights of use regulated in more detail in these GTC.
1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly attributable neither to his commercial nor to his independent professional activity. An entrepreneur within the meaning 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 self-employed professional activity.
2) Conclusion of contract
2.1 The contents published in the online store of the licensor do not represent binding offers on the part of the licensor, but serve for the submission of a binding offer by the licensee.
2.2 The Licensee may submit the offer via the online order form integrated into the Licensor's online store. In doing so, after placing the selected content in the virtual shopping cart and going through the electronic ordering process, the Licensee makes a legally binding offer to enter into a contract with respect to the content contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Licensor may accept the Licensee's offer within five days,
- by sending the Licensee a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the Licensee shall be decisive, or
- by providing the Licensee with the ordered content, in which case the receipt of the order confirmation by the Licensee shall be decisive, or
- by requesting payment from the Licensee after submission of the Licensee's order
If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. If the Licensor does not accept the Licensee's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Licensee shall no longer be bound by its declaration of intent.
2.4 The period for acceptance of the offer shall commence on the day following the sending of the offer by the Licensee and shall end at the end of the fifth day following the sending of the offer.
2.5 When submitting an offer via the Licensor's online order form, the text of the contract shall be stored by the Licensor after the conclusion of the contract and transmitted to the Licensee in text form (e.g. e-mail, fax or letter) after the Licensee's order has been sent. A further accessibility of the contract text by the licensor does not take place.
2.6 Before binding submission of the order via the online order form, the Licensee can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed once again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
2.7 Only the German language is available for the conclusion of the contract.
2.8 The order processing and contacting usually take place by e-mail and automated order processing. The customer shall ensure that the e-mail address provided by him for order processing is accurate, so that e-mails sent by the Licensor can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the licensor or by third parties commissioned by the licensor with order processing can be delivered.
3.1 For the granting of rights to the respective content, the Licensor shall receive a lump-sum license fee, the amount of which shall be determined by the respective item description.
3.2 The prices stated by the Licensor are total prices and include the statutory value added tax.
3.3 In the case of payments in countries outside the European Union, further costs may be incurred in individual cases for which the Licensor is not responsible and which are to be borne by the Licensee. These include, for example, costs for the transfer of funds by credit institutions (e.g. transfer fees, exchange rate fees).
3.4 Various payment options are available to the licensee, which are specified in the online store of the licensor.
3.5 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 via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: 'Stripe'). Stripe reserves the right to perform a credit check and to refuse this payment method in the event of a negative credit check.
4) Transfer of the contents
The transfer of the contents shall be made exclusively in electronic form by e-mail or by download from the licensor's website.
5) Granting of rights of use
5.1 Unless otherwise stated in the DeepL description in the licensor's online store, the licensor grants the licensee the non-exclusive right, unlimited in time and place, to use the licensed content exclusively for private purposes.
5.2 A 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 licensor has agreed to a transfer of the contractual license to the third party.
5.3 The granting of rights shall only become effective when the Licensee has paid the contractually owed remuneration in full. The Licensor may provisionally permit the use of the contractual content even before this point in time. A transfer of rights does not take place through such provisional permission.
6) Applicable law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding 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 is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
7) Alternative dispute resolution
7.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: 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.
7.2 The Licensor is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
Right of withdrawal for consumers
Right of withdrawal
You have the right to revoke this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract.
To exercise your right of withdrawal, you must inform us, Nieraad Development UG (haftungsbeschränkt), Kranzer 32, 83674 Gaißach, firstname.lastname@example.org, Phone: +491782731233 by means of a clear statement (for example, a letter sent by mail or e-mail) about your decision to withdraw from this contract. For this purpose, you can download and use the attached sample withdrawal form, which, however, is not mandatory. To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you revoke this contract, we must reimburse you for all payments we have received from you, including delivery costs, without delay and no later than fourteen days from the day on which we received notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. In no case will you be charged for this repayment.
If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you notify us of the exercise of the right of withdrawal with regard to this contract, compared to the total scope of the services provided for in the contract.
If you wish to withdraw from the contract, download the appropriate form below, fill it out and return it by mail to: Nieraad Develo-pment UG (haftungsbeschränkt), Kranzer 32, 83674 Gaißach.
Form: Right of withdrawal
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Note on the possibility of early expiry of the right of withdrawal
Your right of withdrawal expires when we have fully performed our service and have only started to perform the service after you have given your express consent and at the same time confirmed your knowledge that you lose your right of withdrawal upon full performance of the contract by us.