Terms of service
Note: The contractual language is German. If these General Terms and Conditions (GTC) are translated into other languages, in particular English, such translations are provided solely for convenience and better understanding. In the event of any discrepancies in interpretation or disputes, only the German version of these GTC shall be binding and authoritative.
Table of Contents
- Scope
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Conditions
- Provision of Content
- Granting of Usage Rights
- Contract Duration and Termination in Subscription Contracts
- Liability for Defects
- Special Conditions for the Processing of Digital Content According to Specific
- Customer Requirements
- Applicable Law
- Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Tim Kulzer (hereinafter "Entrepreneur") apply to all contracts for the provision of digital content that a consumer or entrepreneur (hereinafter "Customer") concludes with the Entrepreneur regarding the content described by the Entrepreneur in his online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities.
1.3 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 exercise of their commercial or self-employed professional activity.
1.4 Depending on the content description of the Entrepreneur, the subject matter of the contract may be either the one-time provision of digital content or the regular provision of digital content (hereinafter "subscription contract"). In the case of a subscription contract, the Entrepreneur undertakes to provide the Customer with the contractually owed digital content for the duration of the agreed contract term at the contractually agreed intervals.
2) Conclusion of Contract
2.1 The content described in the Entrepreneur’s online shop does not constitute binding offers on the part of the Entrepreneur, but serves to submit a binding offer by the Customer.
2.2 The Customer may submit the offer via the online order form integrated into the Entrepreneur’s online shop. In doing so, after placing the selected content in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer regarding the content contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Entrepreneur 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 email), whereby receipt of the order confirmation by the Customer is decisive, or
- by providing the Customer with the ordered content, or
- by requesting payment from the Customer after the Customer has placed the order.
If several of the aforementioned alternatives occur, the contract is concluded at the time when one of the aforementioned alternatives first occurs. 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 dispatch of the offer. If the Entrepreneur 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 their declaration of intent.
2.4 If a payment method offered via PayPal is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), under the PayPal User Agreement, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if the Customer does not have a PayPal account – under the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer selects a payment method offered by PayPal during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the button that completes the ordering process.
2.5 If the payment method "Amazon Payments" is selected, payment processing is carried out via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter "Amazon"), under the Amazon Payments Europe User Agreement, available at https://payments.amazon.de/help/Privatkunden/Nutzungsvereinbarung-Richtlinien/Nutzungsvereinbarung. If the Customer selects "Amazon Payments" as the payment method during the online ordering process, by clicking the button that completes the ordering process, the Customer simultaneously issues a payment order to Amazon. In this case, the Entrepreneur hereby declares acceptance of the Customer’s offer at the time the licensee triggers the payment process by clicking the button that completes the ordering process.
2.6 When submitting an offer via the Entrepreneur’s online order form, the contract text is stored by the Entrepreneur after conclusion of the contract and transmitted to the Customer in text form (e.g. email, fax or letter) after the Customer has sent their order. The Entrepreneur does not make the contract text available beyond this. If the Customer has created a user account in the Entrepreneur’s online shop before sending their order, the order data will be archived on the Entrepreneur’s website and can be accessed by the Customer free of charge via their password-protected user account using the corresponding login data.
2.7 Before submitting a binding order via the Entrepreneur’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 identifying input errors may be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their entries within the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.
2.8 The German language is available for the conclusion of the contract.
2.9 Order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Entrepreneur can be received at this address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Entrepreneur or by third parties commissioned by the Entrepreneur to process the order can be delivered.
3) Right of Withdrawal
Consumers are generally entitled to a right of withdrawal. Further information on the right of withdrawal can be found in the Entrepreneur’s withdrawal policy.
4) Prices and Payment Conditions
4.1 The prices stated by the Entrepreneur are total prices. No VAT is charged, as the Entrepreneur is exempt from VAT as a small business.
4.2 In the case of payments in countries outside the European Union, additional costs may arise in individual cases for which the Entrepreneur is not responsible and which must be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g. transfer fees, exchange rate fees).
4.3 The available payment methods are indicated in the Entrepreneur’s online shop.
4.4 If a payment method offered via the payment service "Shopify Payments" is selected, payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the Customer in the Entrepreneur’s online shop. Stripe may use other payment services to process payments, for which special payment conditions may apply, to which the Customer may be separately informed. Further information on "Shopify Payments" is available on the internet at https://www.shopify.com/legal/terms-payments-de.
5) Provision of Content
Digital content is provided to the Customer as follows:
- via direct access through the Entrepreneur’s website
- via download
- via email
6) Granting of Usage Rights
6.1 Unless otherwise stated in the content description in the Entrepreneur’s online shop, the Entrepreneur grants the Customer a non-exclusive right to use the provided content solely for private purposes.
6.2 The transfer of content to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted unless the Entrepreneur has agreed to the transfer of the contractual license to the third party.
6.3 If the contract relates to the one-time provision of digital content, the granting of rights only becomes effective once the Customer has paid the contractually owed remuneration in full. The Entrepreneur may provisionally permit the use of the contractual content before this point in time. Such provisional permission does not constitute a transfer of rights.
7) Contract Duration and Termination in Subscription Contracts
7.1 Subscription contracts are concluded for an indefinite period, but at least for the minimum term specified in the respective product description in the Seller’s online shop. The subscription contract may be terminated during the minimum term with a notice period of one month to the end of the minimum term and after the expiry of the minimum term at any time with a notice period of one month.
7.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists if, taking into account all circumstances of the individual case and weighing the interests of both parties, the continuation of the contractual relationship until the agreed termination or until the expiry of a notice period cannot reasonably be expected.
7.3 Terminations may be made in writing, in text form (e.g. by email), or electronically via the termination facility (termination button) provided by the Entrepreneur on their website.
8) Liability for Defects
The statutory liability for defects shall apply.
9) Special Conditions for the Processing of Digital Content According to Specific Customer Requirements
9.1 If, according to the content of the contract, the Entrepreneur owes not only the provision of digital content but also its processing according to specific requirements of the Customer, the Customer must provide the Entrepreneur with all content required for processing, such as texts, images, or graphics, in the file formats, formatting, image, and file sizes specified by the Entrepreneur and grant the necessary usage rights for this purpose. The Customer is solely responsible for the procurement and acquisition of rights to this content. The Customer declares and assumes responsibility that they have the right to use the content provided to the Entrepreneur. In particular, the Customer must ensure that no third-party rights are infringed, especially copyrights, trademark rights, and personal rights.
9.2 The Customer shall indemnify the Entrepreneur against any claims asserted by third parties in connection with a violation of their rights through the contractual use of the Customer’s content by the Entrepreneur. The Customer shall also bear the necessary costs of legal defense, including all court and attorney fees in the statutory amount. This does not apply if the Customer is not responsible for the infringement. In the event of a claim by third parties, the Customer is obliged to provide the Entrepreneur promptly, truthfully, and completely with all information necessary for the examination of the claims and for a defense.
9.3 The Entrepreneur reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates legal or official prohibitions or public morals. This applies in particular in the case of the provision of unconstitutional, racist, xenophobic, discriminatory, offensive, youth-endangering, and/or glorifying violence content.
10) Applicable Law
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. In the case of consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
11) Alternative Dispute Resolution
The Entrepreneur is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.