1. SCOPE OF APPLICATION
The business relationship between the supplier and the customer is governed exclusively by the following General Terms and Conditions in the version valid at the time of the order. Deviating terms and conditions of the customer shall not be recognized unless the provider expressly agrees to their validity in writing.
2. CONCLUSION OF CONTRACT
(1 ) The customer can select products from the provider’s range and collect them in a so-called shopping cart using the “add to cart” button. By clicking on the “Order with obligation to pay” button, the customer submits a binding application to purchase the products in the shopping cart for download against payment. The customer can change and view the data at any time before submitting the order.
(2) The supplier then sends the customer an automatic confirmation of receipt with the subject “Thank you for your order on max-lang.com” by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function. The customer’s order (1) represents the offer to conclude a contract with the respective content of the shopping cart. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the provider. This summarizes the content of the order. In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the contract text (consisting of the order, GTC and order confirmation) will be sent to the customer by us on a permanent data carrier (e-mail or paper printout). The text of the contract is stored in compliance with data protection regulations.
(3 ) The contract shall be concluded in the languages: German or English.
(4 ) 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 if the customer cancels the order process prematurely, closes the browser window and repeats the process.
(5 ) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automatically. The customer must therefore ensure that the e-mail address provided is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
(6 ) The payment process can be carried out either by prepayment/bank transfer or via external online payment service providers. For the services of external payment service providers, the general terms and conditions of the respective provider apply, which can be accessed on the homepage of the respective provider. A prerequisite for successful purchase processing is the correct entry of the data requested from the customer. The customer completes the payment by clicking on the “Pay now” button (or equivalent) on the payment service provider’s website after registering or entering their personal data. After successful payment, the customer is redirected back to the store, where the purchased products can be downloaded in the customer account under “My account / Downloads”.
(7 ) In the case of prepayment/bank transfer, activation takes place manually after receipt of payment. After successful payment, the customer will immediately receive a confirmation e-mail to the e-mail address provided and the download will be made available in the customer account. By making the ordered products available for download, the seller accepts the customer’s offer and the purchase contract is concluded. The purchase contract is deemed to have been fulfilled by the seller as soon as the product has been successfully downloaded for the first time.
3. STATUTORY RIGHT OF REVOCATION
(1 ) The customer has a statutory right of withdrawal in accordance with. § Section 312g BGB if he is a consumer, as the purchase of goods on the Internet is a so-called distance contract, as is the case here. Separate instructions on the right of revocation and its consequences will be issued and sent in text form when the order is placed.
(2) Expiry of the right of withdrawal
In the case of contracts for digital content/goods and services that are not delivered on a physical data carrier (such as downloads), the right of withdrawal expires as soon as the provider has started to execute the contract after the customer has expressly agreed that the provider will start to execute the contract before the expiry of the withdrawal period and the customer has confirmed his knowledge that he loses his right of withdrawal by giving his consent at the beginning of the execution of the contract. The customer’s consent to the start and confirmation of acknowledgement takes place at the end of the ordering process on the checkout page (query via checkbox, check the box) before sending the order to the seller.
4. 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.
(2) The essential characteristics of the digital goods and services can be found in the item description.
(3) The sale of digital products shall be subject to the restrictions evident from the product description or otherwise resulting from the circumstances, in particular with regard to hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject matter of the contract is only the private and commercial use of the products without the right to resell or sublicense.
5. PROVISION OF CONTENT
Digital content is provided to the customer as follows:
- via download
- by direct access via the entrepreneur’s website
6. PRICES, SHIPPING COSTS AND DELIVERY
(1 ) All prices stated on the provider’s website include the applicable statutory value added tax. The purchase price is due immediately.
(2 ) In the case of payments in countries outside the European Union, further costs may be incurred in individual cases for which the entrepreneur is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees).
(3 ) Digital content is delivered online via download. There are no shipping costs.
7. TERMS OF PAYMENT
(1 ) The payment options are specified in the provider’s online store.
(2 ) If a payment method offered via the “PayPal” payment service 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 for which he makes advance payments to the customer (e.g. purchase on account or payment by installments), he assigns his payment claim in this respect to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the transmitted customer data. The seller reserves the right to refuse the customer the selected payment method in the event of a negative test result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at 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, the seller remains responsible for general customer inquiries, e.g. regarding goods, delivery time, dispatch, returns, complaints, revocation declarations and deliveries or credit notes, even in the event of assignment of claims.
(3) If the payment method credit card, Giropay, EPS, iDEAL, Przelewy24, Apple Pay or Google Pay is selected, the invoice amount is due immediately upon conclusion of the contract. Payment is processed by the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: “Stripe”). Stripe reserves the right to carry out a credit check and to reject this payment method if the credit check is negative.
8. RIGHTS OF USE
Through the purchase, the customer acquires the simple, non-transferable, spatially and temporally unrestricted right to save, copy and view the purchased products as often as desired for exclusively personal and private use, not for commercial purposes. Purchased products may be copied to various local storage devices, burned to data carriers and used exclusively for private purposes. Any further use beyond the rights granted is not permitted. Commercial use and distribution of the products is not permitted. Saving and uploading purchased products to data networks is prohibited. The products are copyrighted material. When using the purchased products, the customer must comply with the statutory provisions and the provisions of the German Copyright Act (UrhG) as amended. All rights of the authors to the protected works contained on the website are reserved. The download link and the products stored in the customer account on the “Customer account” page -> “Downloads” may only be used by the customer and may not be passed on to third parties. The provider reserves the right to add digital watermarks to the products offered. Digital watermarks consist of imperceptible information that can be inserted into audio data, for example.
9. RESERVATION OF TITLE
Delivered products remain our property until full payment has been made. Insurance claims and claims for damages which the customer acquires due to loss of or damage to the products are hereby assigned to us. If the customer is in default, he must grant us access to the products in his possession at our request, send us a precise list of the products, return the products to us and delete and destroy them at his premises.
10. DISCOUNT VOUCHERS AND THEIR REDEMPTION
(1) Discount vouchers are vouchers that cannot be purchased, but which we issue as part of advertising campaigns with a specific period of validity.
(2) Discount vouchers can only be redeemed within the specified period and only once during an order process. Individual products may be excluded from the voucher promotion. Discount vouchers cannot be used for the purchase of gift vouchers. Discount vouchers may also be subject to a minimum order value.
(3 ) The value of the goods must be at least equal to the amount of the discount voucher. A difference to a higher value of goods can be compensated with the offered payment options. The value of a discount voucher is neither paid out in cash nor does it bear interest. The discount voucher will not be refunded if goods are returned in whole or in part.
(4) Discount vouchers can only be redeemed before the order process is completed. Subsequent crediting is not possible. The discount voucher cannot be transferred to third parties. Multiple discount vouchers cannot be combined unless we have agreed otherwise.
(5 ) If the customer has used a discount voucher at the time of purchase, the provider reserves the right to charge the original price of the goods that the customer has kept if – due to a revocation – the total value of the order falls below the respective value of the discount voucher or corresponds to it.
11. GIFT VOUCHERS AND THEIR REDEMPTION
(1) Gift vouchers are vouchers that can be purchased. These can only be redeemed for the purchase of items, but not for the purchase of further gift vouchers. If the balance of a gift voucher is not sufficient for the order, the difference can be made up using the payment options offered.
(2 ) Gift vouchers and credit can only be redeemed before completing the order process. The balance of a gift voucher is neither paid out in cash nor does it bear interest. To redeem gift vouchers in the customer account or to view an existing credit balance, the customer can log into their customer account.
12. NOTES ON DATA PROCESSING
(1 ) The provider collects customer data as part of the processing of contracts. In particular, it observes the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer’s consent, the provider shall only collect, process or use the customer’s inventory and usage data insofar as this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.
(2 ) Without the customer’s consent, the provider shall not use the customer’s data for the purposes of advertising, market or opinion research.
(3 ) Information on the type and scope, location and purpose of the collection, processing and use of the personal data required for the execution of orders by us can be found in the data protection declaration.
13. FINAL PROVISIONS
(1 ) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customer, excluding the UN Convention on Contracts for the International Sale of Goods and private international law.
(2 ) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
(3 ) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, where applicable. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.
