§ 1 Basic provisions
1) The following terms and conditions shall apply to contracts concluded through VservU GmbH. Unless otherwise agreed, any terms and conditions used by you are specifically excluded.
2) Consumer in the sense of this regulation is every natural person, who concludes a legal transaction with private concerns. Entrepreneur is any natural or legal person who acts in the sense of his professional or commercial interests when concluding the legal transaction.
3) Retailer for all our Products is Digistore24.com. We do not sell anything directly on our Website but always link to the shop of our Retailer.
Therefore the Terms&Conditions related to any product sales are those provided by Digistore24.com in their store.
For convenience and upfront information we provide a copy of
Our Retailer’s statements (all as of November 16, 2022):
§ 2 Formation of the contract
1) The subject of the contract is the sale of goods, explicitly here licensed Software products.
2) By making a product available in our Retailer’s store, the Retailer submits a binding offer to our customers to conclude a purchase contract.
3) All products intended for purchase are placed in the Retailer’s shopping cart by the customer. After entering the personal data and payment information, the customer has the opportunity to check all entered information. By sending the order by clicking on the button provided for this purpose, the customer declares legally binding acceptance of the offer. Thus, the purchase contract is concluded. With the payment option via payment service providers such as PayPal or Sofortüberweisung, the customer is redirected from our online store to the website of the provider. After entering all required data, the customer is finally redirected back to our store.
4) The transmission of all information in connection with the conclusion of the contract is automated by e-mail. The customer must therefore ensure that the e-mail address stored with us can be reached.
§ 3 Retention of title and right of retention
1) A right of retention can only be exercised by the customer if it is not a claim arising from the same contractual relationship.
2) The goods remain the property of the store operator until the purchase price has been paid in full.
§ 4 Provisions on liability
1) For damages to body or health we are liable without limitation, as well as in cases of intent and gross negligence. Furthermore, in the case of fraudulent concealment of a defect and in all other cases regulated by law. The liability for defects within the scope of the statutory warranty can be found in the corresponding regulation in our customer information.
2) If essential contractual obligations are not fulfilled, the liability of the online store in case of slight negligence is limited to the foreseeable damage typical for the contract.
3) In the event of a breach of non-essential obligations arising from the contract, liability is excluded in the case of slightly negligent breaches of duty.
4) There is no liability for the constant availability of this website and the goods offered on it.
§ 5 Choice of law
1) German law shall apply. The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
§ 6 Dispute resolution
1) The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which is available at http://ec.europa.eu/odr.
§ 7 Contract language, contract text storage
1) Contract language is English.
2) The complete contract text is not stored by us. Customers can save this electronically via the browser’s print function before sending the order.
§ 8 Prices and payment terms Characteristics of the goods
1) The prices shown as well as the shipping costs represent gross prices.
2) Shipping costs are not included in the purchase price. They are explicitly marked or are shown separately in the course of the ordering process and are to be borne additionally by the customer, unless a free delivery has been promised.
3) The available payment methods are shown on our website or in the respective item description, but at the latest in the final ordering process at the “checkout” mentioned. Unless otherwise stated, payment claims arising from the contract are due immediately.
4) The essential characteristics of the goods and/or services can be found in the item description and the supplementary information on our website.
5) Only license keys are shipped/provided immediately after the purchase. Links for download of the software and instructions are provided via the Thank-You-Page after the purchase.
§ 9 Terms of delivery
1) Terms of delivery, delivery time and any existing restrictions on delivery can be found under the correspondingly designated link in the online store or in the respective item description.
2) For consumers, the risk of accidental loss or deterioration of the goods sold during shipment shall not pass until the goods are handed over to the customer. The regulation applies regardless of whether the shipment is insured or uninsured.
§ 10 Statutory liability for defects
1) The statutory rights of liability for defects shall apply.
2) Consumers are asked to check the goods upon delivery for completeness, obvious defects and transport damage and to notify the store operator as soon as possible. If the customer does not comply, this has no effect on his statutory warranty claims.
Source: These terms and conditions and customer information for online stores were created with the template of Website-Tutor.com.
