General Terms and Conditions of Business and Information for Customers
I. General Terms and Conditions of Business§ 1 Basic provisions
(1) The following terms and conditions of business apply to all contracts concluded with us (Netzberater UG (with limited liability)) as the provider via the website shop.max2play.com. Unless otherwise agreed, the inclusion of any of your own terms and conditions is not permitted.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that cannot be attributed primarily to their commercial or self-employed professional activities. An entrepreneur is any natural or legal person or partnership with legal capacity acting within the scope of their independent commercial or professional activities at the time of undertaking a legal transaction.
§ 2 Conclusion of the contract
(1) The subject matter of the agreement is the sale of goods.
Our online product presentations are not binding and do not constitute a binding offer for conclusion of a contract.
(2) The binding purchase agreement takes place via the online shopping cart system as follows: The products intended for purchase are moved to the “shopping cart”. You can select the shopping cart using the appropriate buttons on the navigation bar and make changes there at any time. After calling up the “checkout” page and entering the required personal data and payment and shipping conditions, all order information is then displayed again on the order summary page. Before the order is sent, you can re-check all the data, amend it (which can also be done via the internet browser’s “back” function) or cancel the purchase transaction.
By clicking the “purchase” button to submit the order, you are making us a legally binding offer.
(3) We will accept the order (resulting in conclusion of the contract) in text form (e.g. via e-mail) within a period of two days, confirming the execution of the order or delivery of the goods (confirmation of order). In the event that you do not receive a confirmation e-mail from us, your order is no longer legally binding. Any services which have already been provided will be reimbursed immediately.
(4) The order is processed and all the information required in connection with conclusion of the contract is sent via e-mail in a partly automated process. Consequently, you must ensure that the e-mail address that you have given us is the correct one, and that the receipt of the respective e-mails is guaranteed from a technical perspective. In particular, you must ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 Conclusion of the agreement for download-products
(1) Subject of the contract is the sale of download products. We already make you a binding offer to conclude a sales contract by placing the respective download product under the conditions specified in the item description on our website
(2) The binding purchase agreement takes place via the online shopping cart system as follows: The download-products intended for purchase are moved to the “shopping cart”. You can select the shopping cart using the appropriate buttons on the navigation bar and make changes there at any time. After calling up the “checkout” page and entering the required personal data and payment and shipping conditions, all order information is then displayed again on the order summary page. Before the order is sent, you can re-check all the data, amend it (which can also be done via the internet browser’s “back” function) or cancel the purchase transaction. By clicking the “purchase” button to submit the order, you are making us a legally binding offer.
(3) The order is processed and all the information required in connection with conclusion of the contract is sent via e-mail in a partly automated process. Consequently, you must ensure that the e-mail address that you have given us is the correct one, and that the receipt of the respective e-mails is guaranteed from a technical perspective. In particular, you must ensure that the respective e-mails are not blocked by a SPAM filter.
§ 4 Nutzungslizenz bei Download-Produkten
(1)The offered download products are protected by copyright. You will receive a simple user license for each download product purchased from us, unless otherwise stated in the respective item description on the website.
(2) The single user license includes permission to save and/or print a copy of the download product on your computer or other electronic device for your personal use.
Any further copy is prohibited. You are expressly prohibited from modifying or editing a file or any part of it and from making it available in any way to third parties, either privately or commercially.
§ 5 Right of retention, reservation of Title
(1) The customer may exercise a right of retention only if it relates to receivables from the same agreement relationship.
(2) The goods remain the property of the provider until full payment of the purchase price.
(3) ) If you are an entrepreneur, the following conditions also apply:
a) The provider retains ownership of the goods until complete settlement of all receivables from the on-going business relationship. Pledging or assignment as security is not permitted prior to transfer of the ownership to the goods subject to reservation.
b) The customer may resell the goods in the usual course of business. In this case, the customer now assigns all receivables in the amount of the invoice that arise from the resale to the provider accepting the assignment. The customer is also entitled to collect the receivables. If the customer does not meet its payment obligations in an orderly manner, the provider reserves the right to collect the receivables itself.
c) If the goods subject to reservation are combined or mixed, the provider acquires co-ownership of the new item proportional to the invoice value of the goods subject to reservation to the other processed products at the time of processing.
d) The provider undertakes to release the securities to which it is entitled at the customer’s request when the realisable value of the provider’s securities exceeds the receivables to be secured by more than 10 %. The Provider is responsible for selecting the securities to be released.
§ 6 Warranty
(1) The statutory warranty rights are applicable.
(2) If you are an entrepreneur, the following shall apply by way of derogation from paragraph 1:
a) Only our own statements and the product description provided by the manufacturer, but not other advertisements, public recommendations and statements issued by the manufacturer, shall be deemed to have been agreed in respect of the condition of the product in question.
b) You undertake to examine the goods promptly, paying due attention to deviations in quality and quantities, and to notify us in writing of apparent defects within 7 days of receipt; timely dispatch will be sufficient for compliance with the deadline. This also applies to hidden defects that are detected at a later stage (from the time of discovery onwards). The assertion of warranty claims will be excluded if the obligation to inspect and give notice of defects is not satisfied.
c) In the case of defects, our warranty covers repair or replacement at our option. If the defect is not remedied at the second attempt, you may demand a reduction in the price or withdraw from the contract at your option. In the case of repair, we do not have to bear the additional costs arising from the transport of the goods to a place other than the place of fulfilment, unless such transport is in accordance with the intended use of the goods.
d) The warranty period shall be one year as of delivery of the product. The shortened warranty period does not apply to losses culpably caused by us which are associated with injury to life, limb or health. Furthermore, it does not apply to losses suffered as a result of gross negligence, intent or malice, or in the case of recourse claims pursuant to §§ 478 and 479 of the German Civil Code (BGB).
§ 7 Liability
(1) We accept unlimited liability for losses associated with injury to life, limb or health, in all cases of intent and gross negligence, if a defect is fraudulently concealed, in the case of assumption of a guarantee for the condition of the purchased object, for losses under the German Product Liability Act (Produkthaftungsgesetz) and in all other cases of statutory liability.
(2) If fundamental contractual obligations are affected, our liability in cases of minor negligence is limited to the foreseeable damages that are typical for the contract. Fundamental contractual obligations are deemed important obligations that result from the nature of the contract and whose violation would jeopardise the fulfilment of the purpose of the contract. The term also covers obligations imposed on us by the contract on the basis of its content with a view to fulfilling its purpose, compliance with which makes the due performance of the contract possible in the first place and on the observance of which you may regularly rely.
(3) Liability will be excluded in the case of infringement of insignificant contractual obligations involving minor negligence.
(4) The current state of the art makes it impossible to guarantee that data transmission via the internet will be error-free or permanently available. In this respect, we cannot vouch for the constant and uninterrupted availability of the website and the service offered on the website.
§ 8 Alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
§ 9 Choice of law, place of fulfilment, jurisdiction
(1) German law shall apply. This choice of law only applies to consumers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective consumer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) If you are not a consumer but an entrepreneur, a legal entity under public law or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfilment for all services that follow from the business relationships that exist with us. This also applies if you do not have a general place of jurisdiction in Germany or the EU, or if your place of residence or usual place of residence is not known at the time of commencement of proceedings. The power to call upon the court associated with another place of jurisdiction shall remain unaffected.
(3)The provisions of the United Nations Convention on contracts for the International Sale of goods explicitly do not apply.
II. Customer Information1.Identity of the seller
Netzberater UG(with limited liability)
Käthe-Kollwitz Str. 1
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance with § 2 “Conclusion of the contract” of our General Terms and Conditions of Business (Part I.).
3. Contractual language, saving the text of the contract
3.1. The contractual language shall be English.
3.2. The complete text of the contract is not saved by us. Before the order is sent via the online shopping cart system, the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally stipulated details related to distance selling contracts and the General Terms and Conditions of Business are re-sent to you via e-mail.
3.3. For inquiries not sent via the online shopping cart system, you will receive all contractual information within the framework of a binding offer via e-mail, which can be printed out or saved electronically.
4. Essential characteristics of the product or service
The essential characteristics of the goods and/or services can be found in the respective product descriptions and additional information on our web page.
5. Prices and payment arrangements
5.1. The prices stated in the respective offers represent total prices, as do the shipping costs. They contain all the price components, including all the incidental taxes.
5.2. The shipping costs that are incurred are not included in the purchase price. They can be viewed by clicking the appropriate button on our website, are shown separately over the course of the order transaction and must also be borne by you, unless free delivery is confirmed.
5.3. The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective product description.
5.4. Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
6. Delivery conditions
6.1. The delivery conditions, delivery date and any delivery restrictions are shown by clicking the appropriate button on our website or are disclosed in the respective product description.
6.2 If you are a consumer, the law stipulates that the risk of the sold item accidentally being destroyed or damaged during shipment only passes to you when the item in question is delivered, irrespective of whether or not the shipment is insured. This provision does not apply if you have independently commissioned a transport company that has not been specified by the entrepreneur or by a person who has otherwise been charged with execution of the shipment. If you are an entrepreneur, the delivery and shipment are at your own risk.
7. Statutory warranty right for goods
7.1. Liability for defects associated with our goods is accepted in accordance with the “Warranty” provision of our General Terms and Conditions of Business (Part I.).
7.2. As a user, you are requested to check the product promptly for completeness, visible defects and transport damage as soon as it is delivered, and to inform us and the shipping company of any complaints in writing without delay. Even if you do not comply with this request, it shall have no effect on your legal warranty claims.
8. User data
8.1 Collection and processing when using the contact form
When using the contact form, we only collect personal data (individual details about personal or factual circumstances of a specific or specifiable natural person) to the extent that you have made them available. Your e-mail address is only used to process your request. Your data will be deleted after that , if you have not agreed to further processing and use.
8.2 Newsletter Rapidmail
The newsletters are sent by the mailing service provider rapidmail GmbH, Augustinerplatz 2, 79098 Freiburg i.Br., Germany. The data protection provisions of the dispatch service provider can be viewed here: https://www.rapidmail.de/datenschutz.
We use rapidmail to send our newsletter. Your data will therefore be transmitted to rapidmail GmbH. In doing so, rapidmail GmbH is prohibited from using your data for any other purpose than for sending the newsletter. rapidmail GmbH is not permitted to pass on or sell your data. rapidmail is a German, certified newsletter software provider which has been carefully selected in accordance with the requirements of the DSGVO and the BDSG. By accepting the terms and conditions, you agree to receive the newsletter magazines. You can object to receiving the newsletter at any time by sending us an email or using the unsubscribe link within the newsletter.
These General Terms and Conditions of Business and customer details were drafted by the lawyers specialising in IT law who work for the Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and assumes liability if warnings are issued. More detailed information can be found on the following website: http://www.haendlerbund.de/agb-service.