General terms and conditions
§ 1 Scope and provider
(1) These General Terms and Conditions apply to all downloads of optimised image files that you make on the download portal www.master-enhance.de of Masterplan Engineering, Inh. Julia Davin, Leopoldstr.50, 80802 Munich.
(2) The offer in our portal is directed exclusively at customers who have reached the age of 18.
(3) Contract language is exclusively German.
(4) You can call up and print out the currently valid General Terms and Conditions on our website at www.master-enhance.de/agb.html .
§ 2 Conclusion of contract
(1) Our product presentation on the portal constitutes an application for the conclusion of a contract for the chargeable download of an optimised image file.
(2) By clicking the "Buy" button, you conclude a contract with us for the download of the image file previously uploaded by you and now optimised, at the prices stated in each case.
§ 3 Prices
The prices listed on our portal include the current rate of value added tax and other price components. Shipping costs do not apply.
§ 4 Terms of payment; Delays
We generally accept the following payment methods:
(2) The selection of the available payment methods in each case is incumbent upon us. In particular, we reserve the right to offer you only selected payment methods for payment.
(3) If you are in default with a payment, you are obliged to pay the statutory default interest of 5 percentage points above the base interest rate. You will be charged a reminder fee of EUR 2.50 for each reminder sent to you after the default has occurred, unless lower or higher damages are proven in individual cases.
§ 5 Delivery
(1) The delivery of the purchased optimised image file is effected by providing a download link after the payment process.
(2) The download link can only be used once. If you leave our website without making the download, the claim expires. Further downloads are not possible via the link provided. There is no entitlement to the sending of further download links to the optimised image file already purchased.
(3) It is your responsibility to provide suitable software (e.g. Acrobat Reader) which enables the optimised image file to be downloaded and opened properly.
§ 6 Cancellation policy
(1) You have a right of revocation in accordance with the following provisions:
Right of revocation
You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract.
To exercise your right of withdrawal, you must inform us, Masterplan Engineering, Julia Davin, Leopoldstr. 50, 80802 Munich, email@example.com of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you immediately and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
We may refuse to make a repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
Sample cancellation form
If you wish to cancel the contract, please complete and return this form.Formular aus und senden Sie es zurück.
Address: Masterplan Engineering, Leopoldstr. 50, 80802 Munich, Germany.
I/we (*) cancel the contract concluded by me/us (*) for the purchase of the following goods (*):
Purchased on (*):
Name of consumer(s):
Address of consumer(s):
Signature of the consumer(s) (only in case of paper communication)
(*) Delete where inapplicable.
End of the cancellation policy
(2) The right of withdrawal expires pursuant to Section 356 (5) of the German Civil Code (BGB) in the case of a contract for the supply of digital content not on a tangible medium if the trader has commenced performance of the contract after the consumer has expressly consented to the trader commencing performance of the contract before the expiry of the withdrawal period and has confirmed his knowledge that, by giving his consent, he loses his right of withdrawal upon commencement of performance of the contract.
§ 7 Warranty and liability
(1) Unless expressly agreed otherwise, your warranty claims shall be governed by the statutory provisions of the law on sales (§§ 433 et seq. BGB).
(2) Unlimited liability: We are liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. We shall be liable for slight negligence in the event of damage resulting from injury to life, body and health of persons.
(3) In all other respects, the following limited liability shall apply: In the event of slight negligence, we shall only be liable in the event of a breach of a material contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which you may regularly rely (cardinal obligation). The liability for slight negligence is limited to the amount of the damages foreseeable at the time of the conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability shall also apply in favour of our vicarious agents.
§ 8 Copyrights and rights of use
((1) You acquire a temporally unlimited, simple, non-transferable right of use exclusively for commercial and non-commercial use. No exploitation rights are granted to you.
(2) The granting of the rights of use by us to you is subject to the condition precedent of full payment of the purchase price.
(3) We are entitled to individually personalise digital content made available for download with visible and invisible markings in order to enable the identification and legal prosecution of the original purchaser in the event of improper use.
(4) In the event of unauthorised use of the digital contents by the purchaser or a third party, the purchaser undertakes to pay a contractual penalty of 10,000 euros per infringement.
§ 9 Final Provisions
(1) Should one or more provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.
(2) German law is exclusively applicable to contracts between us and you.
Copyright original: www.online-marketing-recht.de
Translated with: https://www.deepl.com/translator