Table of Contents
- Scope of Application
- Conclusion of the Contract
- Right to Cancel
- Remuneration
- Provision of Digital Content
- Granting Rights of Use for Digital Content
- Liability for Defects
- Applicable Law
- Code of Conduct
- Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the company Martin Steiner (hereinafter referred to as "Licensor") apply to all contracts for the delivery of digital content, which a consumer or a trader (hereinafter referred to as "Licensee") concludes with the Licensor with regard to the content presented by the Licensor in his online shop. The inclusion of the Licensee's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 The subject of the contract is the provision of digital content offered by the licensor to the licensee in electronic form granting certain rights of use regulated specifically in these GTC.
1.3 A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these GTC is any natural or legal person or company with legal personality acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction
2) Conclusion of the Contract
2.1 The content displayed in the Licensor’s online shop does not constitute a binding offer on the part of the Licensor, but is merely a description which allows the Licensee to submit a binding offer.
2.2 The Licensee may submit the offer via the online order form integrated into the Licensor's online shop. In doing so, after having placed the selected content in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Licensee submits a legally binding offer of contract with regard to the content contained in the virtual basket. The Licensee may also submit his offer to the Licensor by e-mail or telephone.
2.3 The Licensor may accept the Licensee’s offer within five days,
- by transferring a written order confirmation or an order confirmation in written form (fax or e-mail), insofar as receipt of order confirmation by the Licensee is decisive, or
- by providing the Licensee with the ordered intent, insofar as receipt of the content by the Licensee is decisive, or
- by requesting the Licensee to pay after placing his order.
The contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Licensor not accept the Licensee's offer within the aforementioned period of time, this shall be deemed as rejecting the offer, with the effect that the Licensee is no longer bound by his statement of intent.
2.4 If the Licensee chooses "PayPal Express” when placing his order, payment processing is handled by the payment service provider PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”). The PayPal terms of use will apply; they can be viewed at: https://www.paypal.com
If the Licensee chooses “PayPal Express” as payment method, he also initiates a payment order to PayPal by clicking the button finalizing the order process. In this case, deviating from section 2.3, the Licensor declares his acceptance of the Licensee’s offer at the time when the Licensee initiates the payment transaction by clicking the button finalizing the ordering process.
2.5 The period for acceptance of the offer shall commence on the day following the date on which the offer is submitted by the Licensee and shall end on the fifth day following the date on which the offer is submitted.
2.6 When submitting an offer via the Licensor's online order form, the text of the contract is stored by the Licensor after the contract has been concluded and transmitted to the Licensee in text form (e.g. e-mail, fax or letter) after the order has been sent. The Licensor shall not make the contract text accessible beyond this. If the Licensee has set up a user account in the Licensor's online shop prior to sending his order, the order data shall be stored on the Licensor's website and can be accessed by the Licensee free of charge via his password-protected user account by specifying the corresponding login data.
2.7 Prior to submitting a binding order via the online order form, the licensee may continuously correct his entries via the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window prior to the submission of a binding order and can also be corrected there using the usual keyboard and mouse functions.
2.8 The contractual language is German or English.
2.9 Order processing and contacting usually take place via e-mail and automated order processing. It is the Licensee’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Licensor can be received at this address. In particular, it is the Licensee`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Licensor or by third parties commissioned by the Licensor with the order processing can be delivered.
3) Right to Cancel
Consumers are entitled to the right to cancel. Detailed information about the right to cancel is provided in the Licensor’s instruction on cancellation.
4) Remuneration
4.1 For the granting of rights to the respective contents, the licensor shall receive a flat-rate license fee, the amount of which shall be determined in the respective article description.
4.2 Prices indicated by the Licensor are total prices and include the statutory value-added tax.
4.3 For payments in countries outside the European Union, additional costs may be incurred in individual cases for which the Licensor is not responsible, and which are to be borne by the Licensee. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees).
4.4 The Licensee has various payment options at his disposal, which are specified in the Licensor's online shop.
4.5 If payment in advance is agreed upon, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.6 If the SEPA direct debit payment method is selected, the invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before the deadline for pre-notification has expired. The direct debit will be collected when the ordered content is sent to the Licensee by e-mail or made available by download, but not before the deadline for pre-notification has expired. Pre-notification means any communication (e. g. invoice, policy, contract) of the Licensor to the Licensee which announces a debit by means of SEPA direct debit. If the direct debit is not honoured due to insufficient account coverage or due to the indication of an incorrect bank account, or if the Licensee objects to the debit, even though he is not entitled to do so, the Licensee shall bear the fees arising from the reversal of the respective bank, if he is responsible for this. The Licensor reserves the right to carry out a creditworthiness check when the payment method SEPA direct debit is selected and may reject this payment method in the event of a negative creditworthiness check.
4.7 If the SEPA direct debit payment method is selected, the invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before the deadline for pre-notification has expired. The direct debit will be collected when the ordered content is sent to the Licensee by e-mail or made available by download, but not before the deadline for pre-notification has expired. Pre-notification means any communication (e. g. invoice, policy, contract) of the Licensor to the Licensee which announces a debit by means of SEPA direct debit. If the direct debit is not honoured due to insufficient account coverage or due to the indication of an incorrect bank account, or if the Licensee objects to the debit, even though he is not entitled to do so, the Licensee shall bear the fees arising from the reversal of the respective bank, if he is responsible for this.
4.8 If the payment method “direct debit” is selected, the invoice amount is due immediately upon conclusion of the contract. The payment method “direct debit” requires a successful credit check by Masterpayment LTD, 483 Green Lanes, London, N13 4BS, Great Britain ("Masterpayment"). If the Client is permitted to use direct debit after the creditworthiness of the Client has been verified, the payment shall be settled in cooperation with net-m privatbank 1891 AG, Odeonsplatz 18,80539 München ("net-m privatbank 1891 AG"), to which the Seller assigns his claim for payment. In this case, net-m privatbank 1891 AG is revocably authorized to collect the invoice amount from the indicated Client’s account. In the event of assignment, the Client can pay to net-m privatbank 1891 AG only with debt-relieving effect. The direct debit takes place when the ordered goods leave the Seller's warehouse. The Seller remains responsible for general customer inquiries, e. g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of revocation and returns or credit notes, even when the payment method “direct debit via Masterpayment” is selected.
4.9 If the payment method "PayPal direct debit" is selected, PayPal collects the invoice amount from the Licensee's bank account by order of the Licensor after a SEPA direct debit mandate has been issued, but not before the deadline for pre-notification has expired. Pre-notification means any communication (e. g. invoice, policy, contract) to the Licensee announcing a debit via SEPA direct debit. If the direct debit is not honoured due to insufficient account coverage or due to the indication of an incorrect bank account, or if the Licensee objects to the debit, even though he is not entitled to do so, the Licensee shall bear the fees arising from the reversal of the respective bank, if he is responsible for this.
4.10 If the payment method direct debit via Stripe is selected, the payment shall be processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). In this case, Stripe collects the invoice amount from the Client's bank account by order of the seller after a SEPA direct debit mandate has been issued, but not before the expiry of the period for pre-notification. Pre-notification is any communication (e.g. invoice, policy, contract) to the Client that announces a debit by means of a SEPA direct debit. If the direct debit is not redeemed due to insufficient funds in the account or due to the indication of incorrect bank details, or if the Client objects to the debit although he is not entitled to do so, the Client shall bear the fees arising from the reversal of the debit entry by the respective credit institution if he is responsible for this. The Seller reserves the right to carry out a credit check when the SEPA direct debit payment method is selected and to reject this payment method in the event of a negative credit check.
4.11 When payments are made using a payment method offered by PayPal, handling of payments takes place via the payment service provider PayPal ((Europe) S.a. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”) subject to the PayPal terms of use which can be viewed at: https://www.paypal.com
4.12 If a payment method offered via the payment service "PayPal" is selected, the payment shall be processed via PayPal, whereby PayPal may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal that involve advance payments to the client (e.g., purchase on account or payment by instalments), he shall assign his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the client. Before accepting the seller's declaration of assignment, PayPal or the payment service provider commissioned by PayPal shall carry out a credit check using the transmitted client data. The seller reserves the right to refuse the client the selected payment method in the event of a negative check result. If the selected payment method is approved, the client must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, he can only make payment to PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the case of assignment of claims, the seller remains responsible for general customer enquiries, e.g., about the goods, delivery time, dispatch, returns, complaints, cancellation declarations and deliveries or credit notes..
4.13 When one of the RatePAY payment methods is selected (for example, RatePAY invoice, RatePAY advance payment, RatePAY direct debit, RatePAY instalment payment), the payment is carried out by the service provider RatePAY GmbH, Ritterstr. 12-14, 10969 Berlin (hereinafter referred to as "RatePAY"). The RatePAY payment methods offered by the Licensor are displayed on the Licensor’s website in detail. Claims against a Licensee arising from the use of a RatePAY payment are assigned by the Licensor to RatePAY. Claims arising from the use of the payment method instalment payment (if offered) are assigned to the Wirecard Bank AG, Einsteinring 35, 85609 Aschheim. Only payments with debt-discharging effect may be made to RatePAY, and to Wirecard Bank AG when using this payment method (if offered). However, the Licensor shall remain in charge of general customer inquiries (for example: regarding, returns, complaints, declarations of cancellation or credit notes). The use of a RatePAY payment method offered by the Licensor requires a successful credit check by RatePAY. The Licensor reserves the right to refuse the payment method chosen by the Licensee in case of a negative credit check and to offer an alternative payment method to the Licensee. Apart from that, the general terms of business of RatePAY shall apply, which can be viewed at: https://www.ratepay.com
4.14 In cooperation with Klarna, we offer the following payment options as part of Klarna Checkout. Payment is made to Klarna:
- Klarna invoice: payable within 30 days from date of invoice. The invoice will be issued when the contents are transmitted and sent by e-mail. The invoice conditions can be found at https://www.klarna.com
- Klarna instalment purchase: With Klarna's financing service you can pay your purchase flexibly in monthly instalments of at least 1/24 of the total amount (but at least 6.95 EUR). Further information on Klarna Instalment Purchase including the general terms and conditions and the European Standard Information for Consumer Credit can be found at https://www.klarna.com
- Immediate transfer
- Credit card (Visa/ Mastercard)
- Debit
The payment options are offered as part of Klarna Checkout. Further information and the terms of use for Klarna Checkout can be found at https://cdn.klarna.com
4.15 When selecting the payment method credit card, the invoice amount is due immediately upon conclusion of the contract. Payment by credit card is processed in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag) to which the Seller assigns his payment claim. secupay AG collects the invoice amount from the Client's credit card account. In the event of assignment, payment can only be made to secupay AG with debt discharging effect. The credit card will be debited immediately after the Client has placed his online order. The Seller remains responsible for general customer enquiries, e.g. regarding goods, delivery time, dispatch, returns, complaints, declarations of revocation and deliveries or credit notes, even if the payment method credit card payment via secupay AG has been selected.
4.16 When selecting the payment method credit card, the invoice amount is due immediately upon conclusion of the contract. Payment by credit card is processed in cooperation with PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, Germany, which the Seller authorises to collect the dept in his name. PAYONE GmbH shall collect the invoice amount from the Clien's indicated credit card account. The credit card will be charged immediately after the Client's order has been placed in the online shop. The Seller remains responsible for general customer enquiries, e.g. about the goods, delivery time, dispatch, returns, complaints, declarations of revocation and shipments or credit notes, even if the payment method credit card via PAYONE GmbH has been selected.
4.17 Credit card payment via Secupay
When selecting the payment method credit card, the invoice amount is due immediately upon conclusion of the contract. Payment by credit card is processed in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag) to which the Seller assigns his payment claim. secupay AG collects the invoice amount from the Client's credit card account. In the event of assignment, payment can only be made to secupay AG with debt-discharging effect. The credit card will be debited immediately after the Client has placed his order in the online shop. The Seller remains responsible for general customer enquiries, e.g. regarding goods, delivery time, dispatch, returns, complaints, declarations of revocation and deliveries or credit notes, even if the payment method credit card payment via secupay AG has been selected.
4.18 When selecting the payment method credit card, the invoice amount is due immediately upon conclusion of the contract. Payment by credit card is processed in cooperation with Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). Stripe reserves the right to carry out a credit assessment and to refuse this payment method if the credit check is negative.
4.19 If a payment method offered via the payment service "mollie" is selected, the payment transaction is processed via the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, The Netherlands (hereinafter referred to as "mollie"). The individual payment methods offered via mollie are communicated to the Client in the online shop of the Seller. For the processing of payments, mollie may make use of other payment services, for which special payment conditions may apply, which the Client will be informed about separately if necessary. Further information about "mollie" is available on the Internet at https://www.mollie.com
5) Provision of Digital Content
The content is exclusively provided in electronic form by e-mail or by download from the Licensor's website.
6) Granting Rights of Use for Digital Content
6.1 Unless otherwise stated in the contents description contained in the Licensor's online shop, the Licensor grants the Licensee the non-exclusive right to use the supplied content exclusively for private purposes.
6.2 Passing on of content or the production of copies to third parties outside the framework of these GTC is prohibited, unless the licensor has consented to the transfer of the license covered by this contract to third parties.
6.3 The granting of rights will only be legally valid once the Licensee has paid in full the sum owned. The Licensor may provisionally permit the use of digital content covered by this contract already prior to that date. Such a provisional permit does not lead to a transfer of rights.
7) Liability for Defects
The statutory liability for defects shall apply.
8) Applicable Law
The law of the Republic of Austria shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For Consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the Consumer has his habitual residence.
9) Code of Conduct
The Licensor has submitted to the following Code of Conduct:
- The Seller is subject to the Google Customer Reviews Guidelines, which are available at https://support.google.com
10) Alternative Dispute Resolution
The Licensor is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.
