General Terms and Conditions
§ 1 Validity, definitions of terms
(1) Digitale Faszination GmbH, Unterer Sand 9, 94209 Regen, Germany (hereinafter: “we” or “Digitale Faszination GmbH”) operates an online store for digital goods and services under the website https://digitale-faszination.de. The following general terms and conditions apply to all services between us and our customers (hereinafter: “customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed. Our offers are directed exclusively at businesses and business customers (hereinafter “Business” or “Customer”). Our offers are not directed at consumers. By placing an order, you confirm that you are acting in a business capacity and not for personal, family, or household purposes.
(2) “Consumer” within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. “Entrepreneur” is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity, whereby a partnership with legal capacity is a partnership with the capacity to acquire rights and enter into obligations.
§ 2 Conclusion of the contracts, storage of the contract text
(1) The following provisions on the conclusion of contracts apply to orders placed via our online store at https://digitale-faszination.de.
(2) Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.
(3) Upon receipt of an order in our online store, the following regulations apply: The customer submits a binding contractual offer by successfully completing the order procedure provided in our online store. The order is placed in the following steps:
- Selection of the digital goods, the selected service(s),
- Add the products by clicking on the corresponding button (e.g. “Add to shopping cart”, “Add to shopping bag” or similar),
- Check the details in the shopping cart,
- Call up the order overview by clicking on the corresponding button (e.g. “Continue to checkout”, “Continue to payment”, “To order overview” or similar),
- Entry/verification of address and contact details, selection of payment method, confirmation of GTC and revocation policy,
- If the agreed quality of the goods deviates from their usual quality and conditions of use, confirmation of a negative quality agreement,
- Complete the order by clicking the “Buy now” button. This constitutes your binding order.
- The contract is concluded when you receive an order confirmation from us within three working days to the e-mail address provided.
(4) If the contract is concluded, the contract is concluded with Digitale Faszination GmbH, Unterer Sand 9, 94209 Regen, Germany.
(5) Before placing an order, the contract data can be printed out or saved electronically using the browser’s print function. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the general terms and conditions and the revocation policy, is carried out by e-mail after you have placed the order, in some cases automatically. We do not save the text of the contract after it has been concluded.
(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser’s “back button”). They can also be corrected by canceling the order process prematurely, closing the browser window and repeating the process.
(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Subject matter of the contract and essential characteristics of the products
(1) The subject matter of the contract is our online store:
- The sale of digital goods, e.g. software or media downloads. The specific digital goods on offer can be found on our product pages.
- The provision of services. The specific services offered can be found on our article pages.
- The granting of a right to use software via the Internet for a limited period of time (Software-as-a-Service).
(2) The essential characteristics of the digital goods and services can be found in the item description. If the agreed quality of the goods deviates from their usual quality and conditions of use, this is expressly stated in the item description (negative quality agreement). If the customer has given his express consent to the negative quality deviation, this defines the subject matter of the contract.
(3) For the sale of digital products, the End User License Agreement (EULA) available on the website(https://test.digitale-faszination.de/en/license-agreement/) as well as the restrictions evident from the product description or otherwise resulting from the circumstances, in particular regarding hardware and/or software requirements for the target environment, also apply.
§ 4 Prices, shipping costs and delivery
(1) The prices quoted in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
(2) The respective purchase price must be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly labeled button in the online store or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due for payment immediately.
(3) In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective item is shown as free of shipping costs. The shipping costs will be clearly communicated to you again on the offers, if applicable in the shopping cart system and on the order overview.
(4) Provision of digital goods and services
- Software-as-a-Service (SaaS): Access to the software is provided after successful receipt of payment by manually sending the required information within 7 working days (e.g. access data or registration link) to the e-mail address provided by the customer.
- Services: The provision of booked services (e.g. consulting) takes place on the date individually agreed with the customer.
(5) The following delivery area restrictions apply: Delivery is made to the following countries: Australia, Belgium, Bulgaria, China, Germany, Denmark, Estonia, Finland, France, Greece, India, Ireland, Iceland, Italy, Japan, Canada, Croatia, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Sweden, Slovakia, Slovenia, Spain, Czech Republic, Turkey, Hungary, United States of America (USA), United Kingdom, Cyprus, Austria.
(6) If the delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result.
(7) The following applies to Software-as-a-Service products (SaaS): Unless otherwise specified, the license fee is due annually in advance. The contract is automatically renewed for a further year unless it is terminated by one of the parties in text form (e.g. by e-mail) with three (3) months’ notice to the end of the respective contract year.
§ 5 Right of retention
(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
§ 6 Right of withdrawal
As our offers are directed exclusively at businesses (as defined in § 1), there is no statutory right of withdrawal.
§ 7 Contract language
The languages available for the conclusion of the contract are German and English. If the customer concludes the contract via the German-language website, the German version of the contractual documents shall prevail. If the customer concludes the contract via the English-language website, the English version shall prevail.
§ 8 Limitation of Liability
(1) To the maximum extent permitted by applicable law, in no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, damages for loss of profits, revenue, data, or use, incurred by you or any third party, whether in an action in contract or tort, arising from your access to, or use of, the service or any content provided on or through the service.
(2) Our total liability to you for any and all claims arising out of or in connection with this agreement, whether in contract, tort, or otherwise, shall be limited to the amount of fees paid by you to us in the twelve (12) months immediately preceding the event giving rise to the claim.
(3) The limitations of liability in this section shall not apply to damages caused by our willful misconduct or gross negligence, or in cases of death or personal injury. Liability under mandatory product liability laws remains unaffected.
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§ 9 Warranty
§ 10 Final provisions/dispute resolution
(1) Applicable law: All contractual relationships between the customer and the provider shall be governed exclusively by the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) Place of jurisdiction: The exclusive place of jurisdiction for all disputes arising from or in connection with this contractual relationship is the registered office of the provider.
(3) Dispute resolution: We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board, as our offer is aimed exclusively at entrepreneurs.
(4) Severability clause: If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be affected or impaired. The parties agree to replace the invalid provision with a valid provision that comes closest to the economic purpose and intent of the invalid provision.