1. Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Cédric Bauer, trading as "HAZE" (hereinafter referred to as "Licensor"), apply to all contracts for the delivery of data not located on a physical data carrier, which are produced and provided in digital form (digital content), which a consumer or entrepreneur (hereinafter referred to as "Licensee") concludes with the Licensor with regard to the digital content presented by the Licensor in its online shop. The inclusion of the Licensee's own terms and conditions is hereby objected to unless otherwise agreed.
1.2 The subject matter of the contract is the transfer of the digital content offered by the Licensor to the Licensee in electronic form with the granting of certain rights of use regulated in more detail in these GTC.
1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. 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 self-employed professional activity.
2. Conclusion of contract
2.1 The contents published in the online shop of the licensor do not represent binding offers on the part of the licensor, but serve for the submission of a binding offer by the licensee.
2.2 The licensee can submit the offer via the online order form integrated in the licensor's online shop. After placing the selected content in the virtual shopping basket and going through the electronic ordering process, the licensee submits a legally binding contractual offer with regard to the content contained in the shopping basket by clicking the button that concludes the ordering process.
2.3 The Licensor may accept the Licensee's offer within five days,
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. If the Licensor does not accept the Licensee's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Licensee shall no longer be bound by his declaration of intent.
2.4 If the payment method "PayPal Express" is selected, 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 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 for Payments without a PayPal Account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects "PayPal Express" as the method of payment during the online ordering process, he also issues a payment order to PayPal by clicking the button that concludes the ordering process. In this case, the Seller declares acceptance of the Customer's offer at the time the Customer triggers the payment process by clicking the button that concludes the order process, in derogation of section 2.3.
2.5 The period for accepting the offer begins on the day after the Licensee sends the offer and ends with the expiry of the fifth day following the sending of the offer.
2.6 When an offer is made via the Licensor's online order form, the text of the contract shall be stored by the Licensor and sent to the Licensee in text form (e.g. by e-mail, fax or letter) after the Licensee has sent his order together with these General Terms and Conditions. In addition, the text of the contract is archived on the licensor's website and can be accessed free of charge by the licensee via his password-protected user account by providing the corresponding login data, provided that the licensee has created a user account in the licensor's online shop before sending his order. 2.7.
2.7 Before submitting a binding order via the online order form, the Licensee can correct his entries on an ongoing basis using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
2.8 Only the German language is available for the conclusion of the contract.
2.9 The order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that e-mails sent by the licensor can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the licensor or by third parties commissioned by the licensor to process the order can be delivered.
3. Right of withdrawal
Consumers are generally entitled to a right of withdrawal. Further information on the right of revocation can be found in the licensor's revocation policy.
4. Remuneration
4.1 For the granting of rights to the respective contents, the Licensor shall receive a flat-rate licence fee, the amount of which results from the respective item description.
4.2 The prices stated by the Licensor are total prices and include the statutory value added tax.
4.3 The licensee has various payment options at his disposal, which are indicated in the online shop of the licensor.
4.4 If payment in advance has been agreed, payment shall be due immediately after conclusion of the contract.
4.5 If the payment method "PayPal" is selected, 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, subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
5. Provision of content
The transfer of the contents takes place exclusively in electronic form by e-mail or by download from the website of the licensor.
6. Granting of rights of use
6.1 The Licensor grants the Licensee the non-exclusive right, unlimited in time and place, to use the Licensed Content exclusively for private purposes. 6.2 The Licensor may not transfer the Licensed Content to third parties or make copies for third parties outside the scope of these GTC.
6.2 The transfer of the contents to third parties or the creation of copies for third parties outside the scope of these General Terms and Conditions is not permitted unless the Licensor has agreed to the transfer of the contractual licence to the third party.
6.3 The granting of rights shall only become effective when the Licensee has paid the contractually owed remuneration in full. The Licensor may provisionally permit the use of the contractual content even before this point in time. Such provisional permission shall not constitute a transfer of rights.
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. Information on online dispute resolution
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://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.
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are not obligated to participate in a dispute resolution procedure before a consumer arbitration board and are not obliged to do so.