Terms of Service
- Scope of application
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Provision of content
- Granting of rights of use
- Liability for defects
- Applicable law
- Alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter "GTC") of Jörg Hobrlant, trading as "Der Stickbär" (hereinafter "Entrepreneur"), apply to all contracts for the provision of data created and provided in digital form (digital content), which a consumer or entrepreneur (hereinafter "Customer") concludes with the Entrepreneur with regard to the digital content described by the Entrepreneur in its online store. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to his commercial or independent professional activity.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2) Conclusion of contract
2.1 The contents described in the online store of the Entrepreneur do not represent binding offers on the part of the Entrepreneur, but serve for the submission of a binding offer by the Customer.
2.2 The Customer may submit the offer via the online order form integrated in the Entrepreneur's online store. In doing so, after placing the selected contents in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the contents contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Entrepreneur may accept the Customer's offer within five days,
by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the Customer shall be decisive, or
by providing the customer with the ordered contents, or
by requesting payment from the customer after the customer has placed the order.
If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for the acceptance of the offer begins on the day after the sending of the offer by the customer and ends with the expiry of the fifth day following the sending of the offer. If the Entrepreneur does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer shall no longer be bound to its declaration of intent.
2.4 If the Customer selects a payment method offered by PayPal, the payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms and conditions of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.
2.5 When submitting an offer via the Entrepreneur's online order form, the text of the contract shall be stored by the Entrepreneur after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer's order has been sent. The Entrepreneur shall not make the text of the contract accessible beyond this. If the Customer has set up a user account in the Entrepreneur's online store before sending his order, the order data shall be archived on the Entrepreneur's website and can be accessed by the Customer free of charge via his password-protected user account by providing the corresponding login data.
2.6 Before bindingly placing the order via the Entrepreneur's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button which completes the ordering process.
2.7 Only the German language is available for the conclusion of the contract.
3) Right of withdrawal
Consumers are generally entitled to a right of withdrawal. More detailed information on the right of revocation can be found in the revocation instructions of the entrepreneur.
4) Prices and payment conditions
4.1 The prices quoted by the Entrepreneur are total prices and include the statutory value added tax.
4.2 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 funds by credit institutions (e.g. transfer fees, exchange rate fees).
4.3 The payment options are indicated in the online store of the entrepreneur.
4.4 If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 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 for which he makes advance payments to the Customer (e.g. purchase on account or payment by installments), he shall assign his payment claim 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 shall conduct 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 in the agreed payment intervals. In this case, he can only pay 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, shipment, returns, complaints, revocation declarations and deliveries or credit notes, even in the case of assignment of claims.
5) Provision of the contents
Digital content will be provided to the customer as follows:
- by e-mail
- by download
- by direct access via the Contractor's website
6) Granting of rights of use
6.1 Unless otherwise stated in the DeepL description in the Entrepreneur's online store, the Entrepreneur grants the Customer the non-exclusive right, unlimited in time and place, to use the content provided exclusively for private purposes.
6.2 A transfer of the contents to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted, unless the Entrepreneur has agreed to a transfer of the contractual license to the third party.
6.3 Insofar as the contract relates to the one-time provision of digital content, the granting of rights shall only become effective when the Customer has paid the contractually owed remuneration in full. The Contractor may provisionally permit the use of the contractual content even before this point in time. A transfer of rights does not take place through such provisional permission.
7) Liability for defects
The statutory liability for defects shall apply.
8) Applicable law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
9) Alternative dispute resolution
9.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
9.2 The Entrepreneur is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.