Refund and Returns Policy
Scope
Conclusion of contract
Right of withdrawal
Prices and terms of payment
Delivery and shipping conditions
Granting of rights of use for digital contents
Granting of rights of use for license keys
Term and termination of subscription contracts
Retention of title
Liability for defects (warranty)
Redemption of promotional vouchers
Redemption of gift vouchers
Applicable law
Place of jurisdiction
Alternative dispute resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Infinitymind UG (haftungsbeschränkt) (hereinafter referred to as “Seller”) shall apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as “Customer”) with the Seller with regard to the goods presented by the Seller in its online store. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 These GTC shall apply accordingly to contracts for the delivery of digital content, unless otherwise expressly agreed.
1.3 These GTC shall apply mutatis mutandis to contracts for the delivery of vouchers, unless otherwise expressly agreed.
1.4 These GTC shall apply mutatis mutandis to contracts for the delivery of license keys, unless otherwise expressly agreed. In this context, the Seller owes the provision of a license key for the use of the software or content described by it as well as the granting of the contractually agreed rights to use the respective software or content. The customer does not acquire any intellectual property rights to the software or content. The respective product description in the Seller’s online store shall be authoritative 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 can predominantly be attributed 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 independent professional activity.
1.6 Digital content within the meaning of these GTC is all data not located on a physical data carrier, which is produced in digital form and provided by the seller under the granting of certain rights of use regulated in more detail 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 term at the contractually owed time intervals.
2) Conclusion of contract
2.1 The product descriptions contained in the Seller’s online store do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online store. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained 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 e-mail, by post or by online contact form.
2.3 The Seller may 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, in which case the receipt of the goods by the customer shall be decisive, or
by requesting payment from the customer after the customer has placed the 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. The period for acceptance of the offer begins on the day after the customer sends the offer and ends at the end 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 to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
2.4 If the customer chooses a payment method offered by PayPal, 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: “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 of Payment without 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 that can be selected in the online ordering process, the seller already declares acceptance of the customer’s offer at the time the customer clicks the button that concludes the ordering process.
2.5 If the payment method “Amazon Payments” is selected, the payment will be processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: “Amazon”), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the Customer selects “Amazon Payments” as the payment method during the online ordering process, the Customer also issues a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the seller already declares acceptance of the customer’s offer at the time when the customer triggers the payment process by clicking the button that concludes the ordering process.
2.6 When submitting an offer via the Seller’s online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The Seller shall 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 shall be archived on the Seller’s website and can be accessed by the Customer free of charge via his password-protected user account by providing the relevant login data.
2.7 Before bindingly placing 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, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.8 Only the German language is available for the conclusion of the contract.
2.9 Order processing and contacting usually take place via 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 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 by 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 revocation.
3.2 More detailed information on the right of withdrawal can be found in the seller’s cancellation policy.
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 will be indicated separately in the respective product description.
4.2 The payment option(s) will be communicated to the Customer in the Seller’s online store.
4.3 If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.4 If the payment method “SOFORT” is selected, the payment will be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter “SOFORT”). In order to be able to pay the invoice amount via “SOFORT”, the customer must have an online banking account that has been activated for participation in “SOFORT”, must identify himself accordingly during the payment process and must confirm the payment instruction to “SOFORT”. The payment transaction will be executed immediately afterwards by “SOFORT” and the customer’s bank account will be debited. More detailed information on the payment method “SOFORT” can be found by the customer on the Internet at https://www.klarna.com/sofort/.
4.5 If the payment method purchase on account 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 7 (seven) days from receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online store.
4.6 If the payment method purchase on account is selected, the purchase price shall become due after the goods have been delivered and invoiced. In this case, the purchase price shall be paid within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method purchase on account only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online store. The Seller further reserves the right to conduct a credit check when selecting the payment method purchase on account and to reject this payment method in case of a negative credit check.
4.7 If the payment method purchase on account via abcfinance is selected, the purchase price shall become due after the goods have been delivered and invoiced. In this case, the purchase price shall be paid to abcfinance GmbH, Kamekestraße 2-8, 50672 Cologne, Germany (“abcfinance”) within 14 (fourteen) days after receipt of the invoice without any deductions. The payment method purchase on account requires a successful credit assessment by abcfinance. If the customer is allowed to use the payment method purchase on account after a credit check, the payment will be processed in cooperation with abcfinance, to which the seller assigns his payment claim. In this case, the customer can only make payment to abcfinance with debt-discharging effect. Even if the payment method purchase on account via abcfinance is selected, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, revocation declarations and deliveries or credit notes. The seller reserves the right to offer the payment method purchase on account 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 of a corresponding payment restriction in his payment information in the online store.
4.8 If the payment method purchase on account via Billpay is selected, the purchase price shall become due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 20 (twenty) days of receipt of the invoice without deduction to Billpay GmbH, Zinnowitzer Str. 1, 10115 Berlin, Germany (www.billpay.de). The payment method purchase on account requires a successful credit check by Billpay GmbH. If the customer is allowed to use the payment method purchase on account after a credit check, the payment will be processed in cooperation with Billpay GmbH, to which the seller assigns his payment claim. In this case, the customer can only make payment to Billpay GmbH with debt-discharging effect. Even if the payment method purchase on account via Billpay is selected, the seller shall remain responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, revocation declarations and deliveries or credit notes. In addition, the General Terms and Conditions of Billpay apply in this respect (can be viewed at: https://www.billpay.de/datenschutz-de/?q=/allgemein/datenschutz/), which the customer can access and must confirm as part of the ordering process. The seller reserves the right to offer the payment method purchase on account 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 of a corresponding payment restriction in his payment information in the online store.
4.9 If the payment method purchase on account via Billpay is selected, the purchase price shall become due after the goods have been delivered and invoiced. In this case, the purchase price shall be paid to Billpay GmbH, Zinnowitzer Str. 1, 10115 Berlin (www.billpay.de) within 30 (thirty) days of receipt of the invoice without any deductions. The payment method purchase on account requires a successful credit check by Billpay GmbH. If the customer is allowed to use the payment method purchase on account after a credit check, the payment will be processed in cooperation with Billpay GmbH, to which the seller assigns his payment claim. In this case, the customer can only make payment to Billpay GmbH with debt-discharging effect. Even if the payment method purchase on account via Billpay is selected, the seller shall remain responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, revocation declarations and deliveries or credit notes. In addition, the General Terms and Conditions of Billpay apply in this respect (can be viewed at: https://www.billpay.de/datenschutz-de/?q=/allgemein/datenschutz/), which the customer can access and must confirm as part of the ordering process. The seller reserves the right to offer the payment method purchase on account 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 of a corresponding payment restriction in his payment information in the online store.
4.10 If the payment method purchase on account via BillSAFE is selected, the purchase price is due after the goods have been delivered and invoiced. In this case the purchase price is to be paid within 14 (fourteen) days after receipt of the invoice without deduction to PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, 2449 Luxembourg (hereinafter “PayPal”) as the operator of the payment service BillSAFE. The payment method purchase on account requires a successful credit check by PayPal. If the customer is allowed to use the payment method purchase on account after a credit check, the payment is processed in cooperation with PayPal, to which the provider assigns his payment claim. In this case, the customer can only pay PayPal with debt-discharging effect. The provider remains responsible for general customer inquiries, e.g. regarding goods, delivery time, shipment, returns, complaints, revocation declarations and deliveries or credit notes, even if the payment method invoice purchase via BillSAFE is selected. For the rest, the general terms and conditions of BillSAFE apply in this respect, which the customer can retrieve and must confirm during the ordering process. The seller reserves the right to offer the payment method purchase on account 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 of a corresponding payment restriction in his payment information in the online store.
4.11 If the payment method purchase on account via Masterpayment is selected, the purchase price shall become due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deduction to net-m privatbank 1891 AG, Odeonsplatz 18, 80539 Munich, Germany (“net-m privatbank 1891 AG”) immediately upon receipt of the invoice. The payment method purchase on account requires a successful credit assessment by Masterpayment LTD, 483 Green Lanes, London, N13 4BS, United Kingdom (“Masterpayment”). If the customer is allowed to use the payment method purchase on account after the credit check, the payment will be processed in cooperation with net-m privatbank 1891 AG, to which the seller assigns his payment claim. In this case, the customer can only make payment to net-m privatbank 1891 AG with debt-discharging effect. Even if the payment method purchase on account via Masterpayment is selected, the Seller shall remain responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, revocation declarations and deliveries or credit notes. A further prerequisite for the use of the payment method purchase on account via Masterpayment is that the customer has reached the age of 18. The Seller reserves the right to offer the payment method purchase on account 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 of a corresponding payment restriction in his payment information in the online store.
4.12 If the payment method purchase on account via Paymorrow is selected, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction to InterCard AG, Alstertor 9, 20095 Hamburg. The payment method purchase on account requires a successful credit assessment by paymorrow GmbH. If the customer after examination of the credit standing the payment method purchase on account is permitted, the completion of the payment takes place in co-operation with paymorrow GmbH, to which the salesman transfers its payment requirement. The customer can pay in this case only to the paymorrow GmbH with debt discharging effect. The offerer remains also with selection of the mode of payment purchase on account over paymorrow responsible for general customer inquiries e.g. to the commodity, delivery time, dispatch, returns, complaints, revocation explanations and – deliveries or credits. In all other respects the general trading conditions of paymorrow, which can call the customer in the context of the order process and must confirm, apply in this respect. The seller reserves the right to offer the payment method purchase on account 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 of a corresponding payment restriction in his payment information in the online store.
4.13 If the payment method purchase on account via Paymorrow is selected, the purchase price must be paid within 21 (twenty-one) days of receipt of the invoice without deduction to InterCard AG, Alstertor 9, 20095 Hamburg. The payment method purchase on account requires a successful credit assessment by paymorrow GmbH. If the customer after examination of the credit standing the payment method purchase on account is permitted, the completion of the payment takes place in co-operation with paymorrow GmbH, to which the salesman transfers its payment requirement. The customer can pay in this case only to the paymorrow GmbH with debt discharging effect. The offerer remains also with selection of the mode of payment purchase on account over paymorrow responsible for general customer inquiries e.g. to the commodity, delivery time, dispatch, returns, complaints, revocation explanations and – deliveries or credits. In all other respects the general trading conditions of paymorrow, which can call the customer in the context of the order process and must confirm, apply in this respect. The seller reserves the right to offer the payment method purchase on account 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 of a corresponding payment restriction in his payment information in the online store.
4.14 If the payment method purchase on account via Paymorrow is selected, the purchase price must be paid within 30 (thirty) days of receipt of the invoice without deduction to InterCard AG, Alstertor 9, 20095 Hamburg. The payment method purchase on account requires a successful credit assessment by paymorrow GmbH. If the customer after examination of the credit standing the payment method purchase on account is permitted, the completion of the payment takes place in co-operation with paymorrow GmbH, to which the salesman transfers its payment requirement. The customer can pay in this case only to the paymorrow GmbH with debt discharging effect. The offerer remains also with selection of the mode of payment purchase on account over paymorrow responsible for general customer inquiries e.g. to the commodity, delivery time, dispatch, returns, complaints, revocation explanations and – deliveries or credits. In all other respects the general trading conditions of paymorrow, which can call the customer in the context of the order process and must confirm, apply in this respect. The seller reserves the right to offer the payment method purchase on account 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 of a corresponding payment restriction in his payment information in the online store.
4.15 If the payment method “PayPal Invoice” is selected, the Seller assigns its payment claim to PayPal. Before accepting the Seller’s declaration of assignment, PayPal shall perform a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the payment method “PayPal invoice” in case of a negative check result. If the payment method “PayPal invoice” is permitted by PayPal, the customer must pay the invoice amount to PayPal within 30 days of receipt of the goods, unless he is given a different payment deadline by PayPal. In this case, he can only pay to PayPal with debt-discharging effect. However, the seller remains responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, revocation declarations and deliveries or credit notes, even in the case of assignment of claims. In addition, the General Terms and Conditions of Use for the Use of PayPal’s Purchase on Account shall apply, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.
4.16 If the payment method purchase on account via Rakuten Checkout is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid within 10 (ten) days from the invoice date without deduction to Rakuten Deutschland GmbH, Geisfelder Str. 16, 96050 Bamberg (www.Rakuten.de/checkout), to whom the seller assigns his payment claim. In this case, the customer can only pay Rakuten Deutschland GmbH with debt-discharging effect. The payment method purchase on account requires a successful credit check by Rakuten Deutschland GmbH. The seller remains responsible for general customer inquiries, e.g. regarding goods, delivery time, shipment, returns, complaints, revocation declarations and shipments or credit notes, even if the payment method purchase on account is selected via Rakuten Checkout. In addition, the general terms and conditions of Rakuten Deutschland GmbH apply in this respect, which the customer can access as part of the ordering process. The seller reserves the right to offer the payment method purchase on account 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 of a corresponding payment restriction in his payment information in the online store.
4.17 If the payment method purchase on account via secupay is selected, the purchase price shall become 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 to secupay S.A., 19, rue du Bitbourg, L-1273 Luxembourg (www.secupay.ag). The payment method purchase on account requires a successful credit check by secupay S.A.. If the customer is permitted to purchase on account after the creditworthiness has been checked, the payment shall be processed in cooperation with secupay S.A., to which the seller shall assign its payment claim. In this case, the customer may only make payment to secupay S.A. with debt-discharging effect. Even if the payment method purchase on account via secupay is selected, the seller shall remain responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, revocation declarations and deliveries or credit notes. The seller reserves the right to offer the payment method purchase on account 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 of a corresponding payment restriction in his payment information in the online store.
4.18 If the payment method purchase on account via secupay is selected, the purchase price shall become due after the goods have been delivered and invoiced. In this case, the purchase price shall be paid to secupay S.A., 19, rue du Bitbourg, L-1273 Luxembourg (www.secupay.ag), within 10 (ten) days of receipt of the invoice without any deductions. The payment method purchase on account requires a successful credit check by secupay S.A.. If the customer is permitted to purchase on account after the creditworthiness has been checked, the payment shall be processed in cooperation with secupay S.A., to which the seller shall assign its payment claim. In this case, the customer may only make payment to secupay S.A. with debt-discharging effect. Even if the payment method purchase on account via secupay is selected, the seller shall remain responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, revocation declarations and deliveries or credit notes. The seller reserves the right to offer the payment method purchase on account 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 of a corresponding payment restriction in his payment information in the online store.
4.19 If the SEPA direct debit payment method is selected, the invoice amount shall be due for payment after a SEPA direct debit mandate has been issued, but not before expiry of the period for advance information. The direct debit is collected when the ordered goods leave the seller’s warehouse, but not before the deadline for the pre-notification. Pre-notification is any communication (e.g. invoice, policy, contract) from the seller to the customer announcing a debit by SEPA Direct Debit. If the direct debit is not honored due to a lack of sufficient funds in the account or due to the provision of incorrect bank details, or if the Customer objects to the debit although he is not entitled to do so, the Customer shall bear the fees incurred by the reversal of the respective credit institution if he is responsible for this.
4.20 If the credit card payment method is selected, the invoice amount shall be due immediately upon conclusion of the contract. The credit card payment method is processed in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag) to which the Provider assigns its payment claim. The secupay AG collects the invoice amount from the specified credit card account of the customer. In the event of assignment, payment can only be made to secupay AG with debt-discharging effect. The credit card shall be charged immediately after the customer’s order has been sent in the online store. Even if the payment method credit card payment via secupay AG is selected, the provider shall remain responsible for general customer inquiries, e.g. regarding goods, delivery time, shipment, returns, complaints, revocation declarations and deliveries or credit notes.
4.21 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 reject this payment method in the event of a negative credit check.
4.22 If the payment method credit card via Wirecard is selected, the payment shall be processed via Wirecard Bank AG, Einsteinring 35, 85609 Aschheim (https://www.wirecardbank.com/) to which the Seller assigns its payment claim. Wirecard Bank AG collects the invoice amount from the customer’s specified credit card account. In the event of assignment, payment can only be made to Wirecard Bank AG with debt-discharging effect. The credit card shall be charged immediately after the customer’s order has been sent via the seller’s online store. Even if the credit card payment method via Wirecard is selected, the seller shall remain responsible for general customer inquiries, e.g. regarding the goods, delivery time, shipment, returns, complaints, revocation declarations and deliveries or credit notes. Reference is made to the information provided by Wirecard Bank AG in accordance with Article 13 DSGVO in the context of processing credit card payments at https://www.wirecardbank.de/DSGVO.
5) Delivery and shipping conditions
5.1 The delivery of goods shall be made by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller’s order processing shall be decisive. Deviating from this, if the payment method PayPal is selected, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive.
5.2 If the 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 does not apply with regard to the costs for the return if the customer effectively exercises his right of withdrawal. In the event of an effective exercise of the right of revocation by the Customer, the provision made in this respect in the Seller’s revocation instructions shall apply to the return costs.
5.3 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has, with due diligence, concluded a specific covering transaction with the supplier. The Seller shall make all reasonable efforts to procure the goods. In case of non-availability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded without delay.
5.4 Self-collection is not possible for logistical reasons.
5.5 Digital content shall be provided to the customer exclusively in electronic form as follows:
via download
5.6 Vouchers shall be provided to the customer as follows:
by e-mail
6) Granting of 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 right, unlimited in time and place, to use the content provided exclusively for private purposes.
6.2 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 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 provisionally permit the use of the contractual content even before this point in time. Such provisional permission shall not constitute a transfer of rights.
7) Granting of rights of use for license keys
7.1 The license key provided shall entitle the Customer to use the software or content apparent from the respective product description to the extent described therein.
7.2 The granting of rights shall only become effective when the customer has paid the remuneration owed in full.
8) Term and Termination of Subscription Contracts
8.1 Subscription contracts shall be concluded for an indefinite period and may be terminated by the Customer at any time with a notice period of 14 days.
8.2 The right to extraordinary termination for good cause shall remain unaffected. Good cause shall be deemed to exist if the terminating party, taking into account all circumstances of the individual case and weighing the interests of both parties, cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.
8.3 Notice of termination shall be given in writing or in text form (e.g. by e-mail).
9) Retention of title
If the Seller makes advance performance, he shall retain title to the delivered goods until the purchase price owed has been paid in full.
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 Notwithstanding the foregoing, the following shall apply to used goods: Claims for defects shall be excluded if the defect only occurs after the expiry of one year from delivery of the goods. Defects occurring within one year from delivery of the goods may be claimed within the statutory period of limitation. However, the reduction of the period of liability to one year shall not apply to
for items which have been used for a building in accordance with their customary use and have caused its defectiveness,
for claims for damages and reimbursement of expenses of the customer, as well as
in the event that the Seller has fraudulently concealed the defect.
10.3 If the Customer is acting as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the Seller thereof. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
11) Redemption of promotional vouchers
11.1 Vouchers issued free of charge by the Seller as part of promotions with a specific validity period and which cannot be purchased by the Customer (hereinafter “Promotion Vouchers”) can only be redeemed in the Seller’s online store and only during the specified period.
11.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
11.3 Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
11.4 Only one promotional voucher can be redeemed per order.
11.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.
11.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
11.7 The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest.
11.8 The promotional voucher shall not be refunded if the Customer returns the goods paid for in full or in part with the promotional voucher within the scope of its statutory right of revocation.
11.9 The promotional voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the promotional voucher in the Seller’s online store. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.
12) Redemption of gift vouchers
12.1 Gift certificates that can be purchased via the Seller’s online store (hereinafter “Gift Certificates”) can only be redeemed in the Seller’s online store, unless otherwise stated in the gift certificate.
12.2 Gift Vouchers and remaining balances of Gift Vouchers are redeemable until the end of the third year after the year of the purchase of the Gift Voucher. Remaining credits will be credited to the customer until the expiration date.
12.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
12.4 Only one gift voucher can be redeemed per order.
12.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.
12.6 If the value of the Gift Voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.
12.7 The balance of a gift voucher is neither paid out in cash nor does it earn interest.
12.8 The gift voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the Gift Voucher in the Seller’s online store. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder.
13) Applicable Law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale 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.
14) Place of Jurisdiction
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller’s place of business 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 above cases, however, the Seller shall in any case be entitled to apply to the court at the Customer’s place of business.
15) Alternative Dispute Resolution
15.1 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 purchase or service contracts involving a consumer.
15.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.