Terms and Conditions
General Terms and Conditions and Customer Information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you enter into with us as a provider (w4h.shop - Max Bullmann) via the https://www.w4h.shop website. Unless otherwise agreed, the inclusion of any terms and conditions of your own used by you is contradicted.
(2) Consumer in the sense of the following regulations is every natural person, who concludes a legal transaction for purposes, which can be attributed predominantly neither to its commercial nor its independent vocational activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
§ 2 Formation of the contract
(1) The subject of the contract is the sale of digital content (data created and provided in digital form).
(2) Already with the placement of the respective digital content on our website, we submit a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The digital content intended for purchase is placed in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After calling up the "Checkout" page and entering your personal data and the payment terms, the order data will finally be displayed to you as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofort) as a payment method, you will either be redirected to the order overview page in our online store or to the website of the instant payment system provider. If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, on the website of the provider of the instant payment system or after you have been redirected back to our online store, the order data will be displayed as an order overview.
Before sending the order, you have the option to check the information in the order overview again, change it (also via the "back" function of the Internet browser) or cancel the order.
By sending the order via the corresponding button ("order subject to payment" or similar designation), you declare the legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your requests for the preparation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days (unless another period is specified in the respective offer).
(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract shall be carried out by e-mail, in part automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 License for use of digital content
(1) The digital content offered is protected by copyright. For each digital content purchased from us, you will receive a usage license from the respective licensor. The type and scope of the license for use shall be determined by the license terms stated in the respective offer.
(2) Unless otherwise stated in the respective offer, you will receive a simple license to use the content. This includes a non-exclusive right of use limited in time to the period of use specified in the offer, in particular permission to save and/or print out a copy of the digital content for your personal use on your computer or other electronic device.
You are not entitled to rent out the digital content that is the subject of the contract or parts thereof, or to sublicense it, either for a fee or free of charge, to reproduce it publicly or make it accessible in any other way, or to make it available to third parties in any other way.
§ 4 Individually designed digital content
(1) You shall provide us with the suitable information, texts or files required for the individual design of the digital content via the online ordering system or by e-mail no later than immediately after conclusion of the contract. Any specifications we may have regarding file formats must be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, rights to a name, trademark rights) or violates existing laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also applies to the costs of legal representation required in this context.
(3) We do not check the transmitted data for correctness of content and in this respect do not assume any liability for errors.
(4) Insofar as stated in the respective offer, you will receive a draft correction from us, which you must check without delay. If you agree with the draft, you shall release the draft for execution by countersigning it in text form (e.g. e-mail).
The design work will not be carried out without your approval.
You are responsible for checking the correction template for correctness and completeness and for informing us of any errors. We do not accept any liability for errors that have not been objected to.
§ 5 Term of Contract / Termination for Subscription Contracts
(1) The subscription contract concluded between you and us shall have the term stated in the respective offer, hereinafter referred to as the "basic term". A basic term of more than 2 years cannot be agreed.
(2) If the Subscription Agreement is not terminated by one of the parties one month prior to the expiration of the Basic Term (unless a shorter period is stipulated in the respective offer), it shall be tacitly extended for an indefinite period.
The extended contractual relationship may be terminated at any time with one month's notice (unless a shorter period is stipulated in the respective offer).
(3) The right to terminate without notice for good cause remains unaffected.
(4) Any termination must be declared and transmitted either in text form (e.g. e-mail) or via the termination button integrated on our website ("Terminate contracts here" or similar designation).
§ 6 Special agreements on payment methods offered
(1) Payment via Klarna
In cooperation with Klarna Bank AB (publ) (https://www.klarna.com/de/), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. The payment is made to Klarna in each case:
- Sofortüberweisung: available in Germany and Austria. Your account will be debited immediately after placing the order.
You can find more information about Klarna here (https://www.klarna.com/de/smoooth-mehrzuklarna/). You can find the Klarna App here (https://www.klarna.com/de/klarna-app/).
§ 7 Right of retention
You can exercise a right of retention only insofar as it concerns claims from the same contractual relationship.
§ 8 Warranty
(1) The statutory rights of liability for defects shall apply.
(2) Insofar as a feature of the digital content deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contractual parties.
(3) Insofar as you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the digital content, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall provide a warranty either by rectification of the defect or by subsequent delivery, at our discretion. If the rectification of defects fails, you may, at your option, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the digital content or the defect or other circumstances indicate otherwise.
c) The warranty period shall be one year from delivery of the digital content. The shortening of the period shall not apply
- for culpable damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the digital content;
- in the case of items that have been used for a building in accordance with their customary use and have caused its defectiveness;
- in the case of statutory rights of recourse which you have against us in connection with rights arising from defects.
§ 9 Choice of Law
(1) German law shall apply. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (favorability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II. customer information
1. identity of the seller
Phone: +49 (0)5533-9388780 (no phone support!)
Complaints department of the company:
Please always submit complaints by e-mail to the following address: firstname.lastname@example.org
Alternative Dispute Resolution:
The European Commission provides a platform for online out-of-court dispute resolution (ODR platform), available at https://ec.europa.eu/odr (https://ec.europa.eu/odr).
We do not participate in a dispute resolution of a dispute participation platform.
2 Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations "Conclusion of the Contract" of our General Terms and Conditions (Part I.).
3. contract language, contract text storage
3.1 The contract language is German.
3.2 The complete text of the contract shall not be stored by us. Before sending the order, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.
3.3 In the case of quotation requests outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.
4. codes of conduct
4.1 We have submitted to the Buyer's Seal Quality Criteria of the Händlerbund Management AG, which can be viewed at: https://www.haendlerbund.de/de…tifizierungskriterien.pdf (https://www.haendlerbund.de/de…tifizierungskriterien.pdf).
5. essential characteristics of the goods or service
The essential characteristics of the goods and/or services can be found in the respective offer.
6. prices and payment modalities
6.1 The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
6.2 There are no shipping costs.
6.3 If the delivery is made to countries outside the European Union, additional costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which are to be borne by you.
6.4 Any costs incurred for the transfer of funds (transfer or exchange rate fees of the credit institutions) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
6.5 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
6.6 Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
7.1 The conditions for the provision, the provision date and any existing provision restrictions can be found under a correspondingly designated button on our website or in the respective offer.
8. legal liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
9. contract term / termination
Information on the term of the contract and the terms of termination can be found in the regulation "Contract Term / Termination for Subscription Contracts" in our General Terms and Conditions (Part I), as well as in the respective offer.
These General Terms and Conditions and customer information have been prepared by Händlerbund lawyers specializing in IT law and are constantly checked for legal compliance. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. For more information, please visit: https://www.haendlerbund.de/de…htssicherheit/agb-service (https://www.haendlerbund.de/de…htssicherheit/agb-service).
Last update: 01.01.2022