- 1) Scope
- 2) Conclusion of contract
- 3) Right of withdrawal
- 4) Prices and terms of payment
- 5) Provision of the contents
- 6) Granting of rights of use
- 7) Term and termination of subscription contracts
- 8) Liability for defects
- 9) Special conditions for the processing of digital content according to certain specifications of the customer.
- 10) Applicable law
- 11) Code of conduct
- 12) Alternative dispute resolution
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Felix Waßmuth (hereinafter referred to as "Entrepreneur"), apply to all contracts for the provision of data created and provided in digital form (digital content), which a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Entrepreneur with regard to the digital content described by the Entrepreneur in his online store. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
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.
1.4 The subject matter of the contract may be - depending on the Entrepreneur's DeepL description - both the one-time provision of digital content and the regular provision of digital content (hereinafter "Subscription Contract"). In the case of the Subscription Agreement, the Entrepreneur undertakes to provide the Customer with the contractually owed digital content for the duration of the agreed contract term at the contractually agreed time intervals.
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 into 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 content, or
- by requesting payment from the customer after the customer's order has been placed.
If several of the aforementioned alternatives exist, the contract shall be concluded at the time when 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 by its declaration of intent.
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 will 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 online order form of the Entrepreneur, the Customer can recognize 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 that concludes the ordering process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 Order processing and contacting usually take place via e-mail and automated order processing. The Customer shall ensure that the e-mail address provided by him for order processing is correct, so that e-mails sent by the Entrepreneur can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Entrepreneur or by third parties commissioned by the Entrepreneur to process the order can be delivered.
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.
4.1 The prices stated by the Entrepreneur are total prices. VAT shall not be shown, as the Entrepreneur is a small entrepreneur within the meaning of § 19 (1) UStG.
4.2 The payment options are indicated in the online store of the Entrepreneur.
4.3 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.
4.4 If the SEPA direct debit payment method is selected, the invoice amount shall be due for payment after a SEPA direct debit mandate has been issued, but not before the deadline for the advance information. The direct debit is collected when the ordered content is sent to the customer by e-mail or made available by download, but not before the deadline for the advance information. Pre-notification is any communication (e.g. invoice, policy, contract) from the Entrepreneur to the Customer announcing a debit by SEPA Direct Debit. If the direct debit is not honored due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit even though he is not entitled to do so, the customer shall bear the fees incurred by the respective credit institution as a result of the chargeback if he is responsible for this.
Digital content is provided to the customer as follows:
- per download
6.1 Unless otherwise stated in the description of DeepL in the online store of the Entrepreneur, the Entrepreneur grants the Customer the non-exclusive right, unlimited in time and place, to use the contents for private and commercial 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 also provisionally permit the use of the contractual content before this point in time. A transfer of rights does not take place through such provisional permission.
7.1 Subscription agreements are concluded for an indefinite period and may be terminated by the Customer at any time with a notice period of 14 days.
7.2 The right to extraordinary termination for good cause shall remain unaffected. Good cause shall be deemed to exist if the terminating party, taking into account all circumstances of the individual case and weighing the interests of both parties, cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.
7.3 Cancellations shall be made in writing or in text form (e.g. by e-mail).
The statutory liability for defects applies.
9) Special conditions for the processing of digital content according to certain specifications of the customer.
9.1 If, according to the content of the contract, the Entrepreneur is also obligated to process digital content according to certain specifications of the Customer in addition to providing it, the Customer shall provide the Entrepreneur with all content required for processing, such as text, images or graphics in the file formats, formatting, image and file sizes specified by the Entrepreneur and grant the Entrepreneur the necessary rights of use for this purpose. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility that he has the right to use the content provided to the entrepreneur. In particular, he shall ensure that no rights of third parties are infringed thereby, in particular copyrights, trademark rights and personal rights.
9.2 The Customer shall indemnify the Entrepreneur against any claims of third parties which the latter may assert against the Entrepreneur in connection with an infringement of their rights by the contractual use of the Customer's content by the Entrepreneur. In this regard, the Customer shall also assume the necessary costs of legal defense, including all court and attorney's fees in the statutory amount. This shall not apply if the Customer is not responsible for the infringement. In the event of a claim by a third party, the Customer is obliged to provide the Contractor immediately, truthfully and completely with all information required for the examination of the claims and a defense.
9.3 The Contractor reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering and/or violence-glorifying content.
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.
The Contractor has submitted to the following Code of Conduct:
- The entrepreneur has submitted to the conditions of participation for the eCommerce initiative "Fairness in Commerce", which can be viewed on the Internet at https://www.fairness-im-handel.de/teilnahmebedingungen/.
12.1 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.
12.2 The Entrepreneur is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.