1.1 These General Terms and Conditions (hereinafter “GTC”) of Isar Digital Ventures GmbH (hereinafter referred to as “Seller”) apply to all contracts concerning the provision of data to customer (hereinafter referred to as “Customer”) with the Seller the goods completed by the seller in his online shop. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
1.2 For contracts for the delivery of digital content, these terms and conditions apply accordingly, unless otherwise stipulated otherwise.
1.3 Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.
1.4 Digital content in the sense of these terms and conditions are all data not on a physical data medium, which are manufactured in digital form and provided by the seller under granting of certain rights of use regulated in these terms and conditions.
2) Conclusion of the contract
2.1 The product descriptions contained in the seller’s online shop do not constitute binding offers by the seller, but serve to make a binding offer by the customer.
2.2 The customer may submit the offer via the online order form integrated in the online shop of the seller. In this case, after the customer has placed the selected goods in the virtual shopping cart and has gone through the electronic ordering process, by clicking on the button concluding the ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart. Furthermore, the customer may submit the offer by phone, e-mail or post to the seller.
2.3 The seller can accept the offer of the customer within five days,
· by sending to the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation at the customer is authoritative, or
· by delivering the ordered goods to the customer, in which case the access of the goods to the customer is decisive, or
· by asking the customer to pay after submitting his order
If more than one of the alternatives mentioned above, the contract comes into effect at the time when one of the aforementioned alternatives occurs first. The deadline for the acceptance of the offer begins on the day after the submission of the offer by the customer to run and ends with the expiry of the fifth day, which follows the dispatch of the offer. If the seller does not accept the offer of the customer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.5 When submitting an offer via the online order form of the seller, the contract text will be stored by the seller and sent to the customer after sending his order in addition to the present terms and conditions in writing (eg e- mail, fax or letter). In addition, the text of the contract is archived on the seller’s website and can be called up by the customer via his password-protected customer account with the corresponding login data, provided that the customer has created a customer account in the seller’s online shop before sending his order.
2.6 Prior to the binding submission of the order via the seller’s online order form, the customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can thereby be the enlargement function of the browser, with the help of which the display on the screen is enlarged. As part of the electronic ordering process, the customer can correct his input via the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.7 The contract is concluded in English. No other terms apply and these termSplace any previous agreement. Any amendment to the contract requires the prior written consent of each party. No terms online (such as click-through or shrink -wrap shall apply). The seller shall not assign or transfeE any rights to a third party.
2.9 The order processing and contact usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct, so that the e- mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned with the order processing can be delivered.
3) Right of withdrawal
3.1 We expressly emphasize that there is no right of withdrawal, as these are digital products.
3.2 For the customers who are entrepreneurs, the rules on distance contracts are not applicable. Therefore, these customers do not have a corresponding right of withdrawal due to distance contract. The provider does not concede such a synonymous.
4) Prices and terms of payment
4.1 The prices quoted are net prices that exclude statutory value added tax. If necessary, additional delivery and shipping costs are specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the seller is not responsible for and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (eg transfer fees, exchange rate charges) or import duties or taxes (eg customs duties). Such costs may be incurred in relation to the transfer of funds even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option (s) will be communicated to the customer in the online shop of the seller.
4.4 If advance payment has been agreed by bank transfer, the payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If payment is made by means of a payment method offered by PayPal, payment is processed by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”), subject to the PayPal Terms of Service, available at https://www.paypal.com/uk/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – under the terms and conditions of payments without a PayPal account , available at https://www.paypal.com/en/webapps/mpp/ua/privacywax-full.
5) Delivery and shipping conditions
5.1 The delivery of goods shall be made on the way to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive. Pickup is not possible for logistical reasons.
5.2 Digital Content shall be provided to the Customer solely in electronic form as follows:
· Via Download
· Via E-Mail
6) Grant of rights of use for digital content
6.1 Unless otherwise stated in the content description in the online shop of the seller, the seller grants the customer and its Affiliates (meaning any and all entities wherever located from time to time under common control with it, controlling it or controlled by it) the non-exclusive, locally and temporally unlimited right to use the provided content for private and business purposes, including generating sales leads, assessing potential of prospective clients, assessing market share and creating market and market share analyses for customer and its Affiliates. In general, the purchase of a product licenses the use of an end user. The further distribution of content within the organization of the buyer may only be made after consultation with the seller, but end users may communicate analysis based on content to colleagues at Customer and its Affiliates.
6.2 Any transfer of the content to third parties or the production of copies for third parties (other than Affiliates) outside the scope of these terms and conditions is not permitted, unless the seller has consented to a transfer of the contractual license to the third party. Any violation will be penalized with a fine of 10,000€ (ten thousand euros).
6.3 The granting of rights becomes effective only if the customer has fully paid the contractually owed remuneration. The seller may allow the use of the contractual content even before this time provisionally. A transfer of rights does not take place through such provisional permission.
7) Retention of title
If the seller steps in advance, he reserves the ownership of the delivered goods until full payment of the purchase price owed.
8 ) Redemption of action vouchers
8.1 Vouchers that are issued by the seller free of charge as part of promotions with a specific period of validity and that can not be purchased by the customer (hereinafter “action vouchers”), can only be redeemed in the vendor’s online shop and only within the specified period.
8.2 Individual products may be excluded from the coupon promotion, provided that a corresponding restriction results from the content of the promotional coupon.
8.3 Action vouchers can only be redeemed before the order process has been completed. A subsequent settlement is not possible.
8.4 When ordering, several action vouchers can be redeemed.
8.5 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.
8.6 If the value of the action voucher is insufficient to cover the order, one of the remaining payment methods offered by the seller may be selected to settle the difference.
8.7 The balance of an action voucher will not be paid in cash or interest.
8.8 The action voucher will not be refunded if the customer returns the goods fully or partially paid for with the action voucher as part of its statutory right of withdrawal.
8.9 The action coupon is only intended for use by the person named on it. A transfer of the action voucher to third parties is excluded. The seller is entitled, but not obliged, to check the substantive eligibility of the respective voucher holder.
9) Applicable law
The laws of the Federal Republic of Germany shall apply to all legal relationships between the parties.
The contract is written in English. The further implementation of the contractual relationship takes place in German.
It exclusively applies the law of the Federal Republic of Germany. For consumers, this applies only insofar as this does not restrict any statutory provisions of the state in which the customer has his domicile or habitual residence.
The place of jurisdiction for disputes with customers who are not a consumer, a legal entity under public law or a special fund under public law is the registered office of the provider in Bad Homburg, Germany.
11) Alternative Dispute Resolution
11.1 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 point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
11.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.