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General Business Terms & Conditions

General Terms and Conditions with Customer Information

Contents

1. Field of application

2. Conclusion of a contract

3. Cancellation right

4. Prices and terms of payment

5. Terms of delivery

6. Admission of right of use for digital contents

7. Reservation of ownership

8. Responsibility for defects (warranty)

9. Applicable law

10. Place of jurisdiction

11. Alternative dispute resolution

 

1) Field of application

1.1 These general terms and conditions (hereinafter known as GTC) of the doo Direct-Order-Online GmbH (hereinafter known as "seller") apply for all contracts of delivery of goods that are conducted between a consumer or businessman (hereinafter known as "customer") and the seller regarding the goods displayed by the seller in his online shop. The inclusion of own conditions of the customer is herewith objected to, unless something else has been agreed on.

1.2 These general terms and conditions apply as well for contracts of delivery of digital contents, unless something else has been explicitly stated regarding that matter.

1.3 For the purpose of these GTC, any natural person conducting a legal transaction for purposes that can predominantly be assigned to neither their commercial nor their independent occupational activity is a consumer. For the purpose of these GTC, any natural person or corporate entity or a legally responsible partnership that acts within its commercial or independent occupational activity when conducting a legal transaction, is a businessman.

1.4 All files not located on a physical storage medium that have been created digitally and are provided by the seller upon having received the admission of rights of use regulated more explicitly in these GTC are digital contents for the purpose of these GTC.

2) Conclusion of a contract

2.1 The product specifications contained in the online shop of the seller do not represent a binding offer by the seller, but serve the purpose of submitting a binding offer by the customer.

2.2 The customer can submit the offer by using the order form integrated in the online shop of the seller. Thereby, the customer submits a legally binding contract offer regarding the goods contained in the shopping cart by clicking the button completing the ordering procedure after having put the selected goods in the virtual shopping cart and having completed the electronic ordering procedure. Moreover, the costumer can submit an offer by e-mail as well towards the seller.

2.3 The seller can accept the offer of the costumer within five days,

by sending the customer an order confirmation in writing or an order confirmation by means of text (facsimile or e-mail), whereas the admission of the order confirmation to the customer is representative, or

by delivering the ordered goods to the customer, whereas the admission of the goods to the customer is representative, or

by inviting the customer to pay after having submitted their order.

 

If more of the afore-mentioned alternatives are present, the contract is conducted at the time at which one of the afore-mentioned alternatives occurs first. The deadline for accepting the offer starts at the day after sending the offer by the costumer and ends upon expiry of the fifth day following the submission of the offer. If the seller does not accept the offer of the customer within the afore-mentioned deadline, it is treated as an offer refusal which results in the customer not being bound anymore by their declaration of will.

2.4 Upon selection of the payment method "Amazon Payments", the payment transaction is made via the payment service provider Amazon Payments Europe s.c.a, 5 Rue Plaetis, L-2338 Luxemburg (hereinafter known as "Amazon"), with validity of the Amazon Payments Europe usage agreement, visible at http://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as a method of payment during the online ordering procedure, they place a payment order to Amazon as well at the same time by clicking the button completing the ordering procedure. For this case, the seller is now already declaring their offer confirmation of the customer at the time at which the customer triggers the payment procedure by clicking the button completing the order procedure.

2.5 When submitting an offer using the online order form of the seller, the text of the contract of the seller is saved and sent to the customer after dispatch of their order containing the present GTC by means of text (e. g. e-mail, facsimile or letter). In addition, the text of the contract is filed at the website of the seller and can be called up free of charge by the customer using his password-protected customer account by entering his corresponding login data, if the customer has created a customer account in the online shop of the seller before placing his order.

2.6 Before the binding placement of the order using the online order form of the seller, the customer can detect possible input errors by carefully reading the information displayed on the screen. A useful technical means of detecting input errors may be the enlargement function of the browser, by which the illustration on the screen is enlarged. The customer can correct his input within the electronic ordering procedure using the usual keyboard and cursor functions until he clicks the button completing the ordering procedure.

2.7 For the conclusion of a contract, the German language is exclusively provided.

2.8 The order processing and contact support are usually conducted by means of e-mail and automatic order processing. The customer is to ensure that the e-mail address specified during the order processing is correct so that e-mails sent by the seller can be received by this address. The customer especially is to ensure that when employing SPAM filters, all e-mails sent by the seller or by third parties instructed to conduct order processing by the seller can be received.

3) Cancellation right

3.1 Consumers are essentially entitled to have a cancellation right.

3.2 Software is generally excluded from return and revocation.

4) Prices and terms of payment

4.1 Unless specified otherwise in the product specification of the seller, the specified prices are total prices that contain the official value added tax. As the case may be, additionally arising delivery and forwarding charges are separately specified in the corresponding product specification.

4.2 The customer is informed of the option(s) of payment in the online shop of the seller.

4.3 If payment is effected by a method of payment offered by PayPal, the payment transaction is made via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter known as "PayPal") with validity of the PayPal usage agreement, visible at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - with validity of terms of payments without a PayPal account, visible at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.4 If payment is effected by the method of payment "SOFORT", the payment transaction is made via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 München (hereinafter known as "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer has to have an online banking account with a PIN/TAN procedure enabled for participating in "SOFORT" and has to legitimate the payment process correspondingly and has to confirm the payment instruction towards "SOFORT". The payment transaction is immediately conducted by "SOFORT" and the bank account of the customer is debited. The customer can retrieve further information on the method of payment "SOFORT" on the internet at https://www.klarna.com/sofort/.

4.5 When selecting the payment method SEPA direct debit, the invoice amount is due after issuance of the SEPA direct debit mandate, not, however, before expiry of the deadline for the pre-notification of payment. The collection of the direct debit is conducted as soon as the ordered goods leave the warehouse of the seller, not, however, before expiry of the date for the pre-notification. Pre-notification is any notification (e. g. invoice, policy, contract) by the seller to the customer that announces a debit by SEPA direct debit. If the direct debit is not conducted because of insufficient funds or because of specification of incorrect bank details or if the customer objects to the direct debit even though he is not entitled to do so, the customer will be held responsible for the fees emerging by the negative booking operation of the corresponding financial institution, if he is responsible for that.

5) Terms of delivery

5.1 Digital contents are ceded to the customer for use exclusively in electronic format as follows:

- via Download

6) Admission of right of use for digital contents

6.1 Unless specified otherwise in the content description of the online shop of the seller, the seller acknowledges the non-exclusive, locally and temporally unlimited right to the customer to use the ceded contents for private as well as for commercial purposes.

6.2 Forwarding the contents to third parties or creating copies for third parties beyond the frame of these GTC is not allowed, unless the seller has agreed to transfer the license covered by the contract to the third party.

6.3 The granting of rights will only then take effect if the customer has attended to the complete compensation owed under the contract. The seller can preliminarily allow the use of contents covered by the contract before this point in time as well. A transmission of rights will not be effected by such a preliminary permission.

7) Reservation of ownership

If the seller performs advance performance, the seller reserves the ownership of the delivered goods until the complete payment of the owed purchasing price has been made.

8) Responsibility for defects (warranty)

8.1 If the purchased item is inadequate, the regulations of the statutory responsibility for defects apply.

8.2 The customer is asked to reclaim the delivered goods with apparent shipping damage at the delivery agent and to inform the seller of this. If the customer does not fulfill this action, it does not have any effect on their official or contractual claim for defects.

9) Applicable law

For all legal relationships of the parties, the law of the German Federal Republic applies to the exclusion of laws concerning the international purchase of movable goods. For consumers, this choice of law only applies if the warranted protection by means of obligatory regulations of the law of the state, in which the consumer has his habitual residence, is not withdrawn.

10) Place of jurisdiction

If the consumer acts as a businessman, corporate entity of public law or public separate estate with habitual residence in the sovereign territory of the German Federal Republic, the exclusive place of jurisdiction for all disputes resulting from this contract is the registered office of the seller. If the customer has their habitual residence outside of the sovereign territory of the German Federal Republic, the exclusive place of jurisdiction for all disputes resulting from this contract is the registered office of the seller, if the contract or claims of this contract can be assigned to the occupational or commercial activity of the customer. In the afore-mentioned cases, the seller is in any case entitled to call the court located at the place of residence of the customer.

11. Alternative dispute resolution

11.1 The European Commission provides a platform for online alternative dispute resolution on the internet at https://ec.europa.eu/consumers/odr.

This platform serves as a focal point for alternative dispute resolutions from contracts of purchase or service contracts in which a consumer is involved.

11.2 The seller is neither obliged nor willing to participate in a procedure for alternative dispute resolutions in front of a consumer arbitration service.

 


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