§ 1 Applicability
(1) These general terms and conditions contain the conditions that apply between you and us when purchasing our products unless these are changed by us using an agreement in text form.
(2) A consumer is any natural person who concludes a legal transaction for purposes that are mainly neither commercial nor self-employed. Entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
(3) Changes to these terms and conditions will be clearly indicated the next time you buy something in our store. In this case you must confirm the changed terms and conditions again.
(4) Entrepreneurs: These terms and conditions also apply to future business relationships. If the entrepreneur uses any conflicting or additional general terms and conditions: their validity is hereby contradicted. They only become part of the contract if we expressly agreed to use them. Deviations are only effective if they have been expressly agreed in writing.
§ 2 Contractual Object
The subject matter of the contract is the sale of the digital products (for example templates) that you have purchased. The essential features of these digital products can be found in the respective descriptions.
§ 3 Onlineshop Registration
(1) The registration in our Onlineshop is free. Only persons with unlimited legal capacity are allowed to register. You must provide the data that is required for registration completely and truthfully. To register you need to use your email address and a password. You must keep the password secret and not disclose this to third parties.
(2) Apart from the declaration of your agreement with the validity of these general terms and conditions your registration is not associated with any obligations. You can delete your account at any time under “My Account”.
(3) If your personal information changes, you are responsible for updating it yourself. You can make all changes online after the registration under “My Account”.
§ 4 Data Protection
In our privacy policy you can find all details about the handling of your personal data.
§ 5 Steps to conclude a contract and contract text
(1) The presentation of the digital products on our website does not constitute a binding offer on our part. Only if you (as a customer) place your order – after completing the order process following the shopping cart and then clicking on the “Buy now” button – is a binding offer according to §145 BGB.
(2) The ordering process includes the following steps after you have selected a product:
- Select the product, next click the button: “View cart“ & „Proceed to checkout“.
- Data entry and selection of the payment method and shipping method,
- Check your data (here you can check and correct your entries),
- You have to check your data again, including the terms and conditions and reference to the cancellation policy and privacy policy and then – if desired – order the goods bindingly by clicking the button: “Buy now”.
- Automatic order confirmation online and via E-mail.
- Order confirmation or delivery (= conclusion of contract)
Your binding offer (= offer in the sense of the BGB) is created by clicking the button “Buy now”
(3) When placing your order – before submitting your binding order – you can also use the back button of the internet browser that you are using to return to the page on which your details were entered. Here you can correct these input errors. Or you can cancel the order process by closing the internet browser.
(4) After placing your order, you will receive an automatically generated email confirming that we have received your order. This does not constitute a contract.
(5) If we accept your offer we will send you an order confirmation via email (= acceptance in the sense of the BGB). Now the contract is concluded. With the order confirmation you will receive the content of the contract and the cancellation policy. This corresponds to the essential text of the contract. You can view the contract text online under “My Account”. We do not save the full text of the contract and it cannot be accessed online if you have ordered as a guest without prior registration.
§ 6 Prices and Terms of Payment
(1) All prices – except as expressly stated otherwise – are retail prices and include the respective statutory value added tax plus shipping costs.
(2) The Payment methods are: Pay in advance, PayPal, or Credit Card.
(3) When paying with PayPal or Credit Card via Stripe, you will be redirected to the provider’s website. Please check the information in the payment process. PayPal / Stripe then carries out the payment automatically.
(4) In certain individual cases, we reserve the right to not accept certain types of payment methods.
§ 7 Terms Of Delivery
(1) We only deliver within the European Economic Area (EEA).
(2) Delivery takes place within the delivery time specified in the shop after receipt of payment.
(3) In the case of digital products the delivery will be made by email or direct download, for physical goods by a parcel service of our choice, for larger quantities or bulky goods by a forwarding agency. Please note that it is possible that shipments that consist of several parcels can be delivered on different days despite being sent at the same time.
(4) You are responsible for the correctness of the e-mail address.
(5) The delivery takes place from the Seller’s main place of business; the place of fulfillment is the Seller’s main place of business. In the case of sales by mail order, the risk of accidental loss and accidental deterioration is transferred to the customer when the goods are handed over to the customer. It is the same if the customer delays in accepting the goods. With the first attempt at delivery, the risk for the transport hazard and the product quality is transferred to you as the customer, since a delayed acceptance can result in the goods having a negative impact on quality and shelf life. You are also liable for a reduced product quality if you choose an unsuitable location when issuing a storage permit (e.g. too warm, too cold, accessible to animals, etc.). If you are an entrepreneur, the transfer of risk takes place when the goods are handed over to the transport service provider.
§ 8 Functionality and usage instructions for the digital content (for example templates)
(1) Your device should meet the following system requirements, which are specified in the respective item description:
(2) In order to be able to display our digital products and use it within the scope of the license granted, you also need the software specified for the respective item (e.g. Office programs)
(3) You can access your digital content again within the scope of the respective license after logging into your customer account. However we do not guarantee unlimited availability of the digital content. We are entitled to change or restrict the customer area at any time and to delete content that has already been called up. We therefore advise you to save the digital content on your devices within the scope of the license granted.
§ 9 Copyright, scope of usage rights and licenses
(1) We hold the copyrights and rights of use for the digital content that we sell, as well as its sub-elements.
2) We grant you the following non-exclusive, rights of use to the digital products, unless there is an additional agreement:
- You get the right to reproduce exclusively for your own use, for example by saving or printing, as well as for backup purposes.
- You are given the right to edit and redesign the digital content and to create derivative works based on it.
- Selling and passing on the copies in any form to third parties is not permitted. As well as making it available to the public, leasing and public reproduction.
(3) Unless otherwise regulated, the rights are granted unlimited in terms of space and time.
(4) It’s not allowed to remove, obscure or change any copyright notices, digital watermarks, trademarks or legal information on the file.
(5) If our digital content is provided with technical protective measures, you are prohibited from circumventing them.
(6) We reserve the right to permanently exclude you from using our digital content and platforms in the event of a violation of the license terms (in whole or in part, temporarily or in the event of serious violations).
§ 10 Retention Of Title
(1) The products remain our property until full payment of the sale price.
(2) The following only applies to entrepreneurs: You are entitled to resell the reserved goods in the normal course of business. You assign the claim against the second buyer of the reserved goods to us in the amount of the purchase price agreed with us including VAT. We already accept the assignment. This assignment applies regardless of whether the purchased item was resold without or after processing. You remain authorized to collect the claim even after the assignment. Our authorization to collect the claim ourselves remains unaffected by this. However, we will not collect the claim as long as you are not in default of payment and no application has been made to open insolvency proceedings. At your request, we undertake to release the securities to which we are entitled insofar as their realizable value exceeds the claims to be secured by more than 10%.
§ 11 Warranty
(1) For consumers, the statutory warranty shall apply in principle. If the delivered products are defective, you are entitled within the legal provisions to request supplementary performance, to withdraw from the contract or to reduce the price.
(2) The limitation period for warranty claims for the delivered goods is 2 years from receipt of the goods, for used items 1 year.
(3)The following applies only to entrepreneurs. The limitation period for claims for defects is 1 year from the transfer of risk; the statutory limitation periods for the right of recourse according to § 478 BGB remain unaffected. For merchants, the obligation to notify applies in accordance with Section 377 of the German Commercial Code (HGB), according to which the customer must examine the goods immediately upon receipt, insofar as this is feasible in the normal course of business and, if a defect becomes apparent, notify us immediately. If the customer fails to notify us, the goods are deemed to have been approved, unless there is a defect that could not be identified during the inspection. If such a defect appears later, the report must be made immediately after it is discovered; otherwise, the goods are deemed to have been approved even with regard to this defect.
(4) If the delivered goods are defective, we shall initially provide remedial measures to entrepreneurs at our option by delivering a defect-free item (subsequent delivery) or by eliminating the defect (subsequent improvement).
(5) The following also applies to entrepreneurs: Claims for defects do not exist in the case of only insignificant deviations from the agreed quality and for defects that arise after the transfer of risk as a result of incorrect or negligent treatment that is not required by the contract.
(6) The digital content was created by us to the best of our knowledge and with great care in accordance with the state of the art when the materials were completed. This does not represent a guarantee that the materials are up-to-date in the long term. It is therefore not a defect if they can no longer be displayed properly in newer versions of the software or if they are no longer compatible. We do not give an update guarantee.
(7) The above restrictions and shortened deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents; in the event of injury to life, body or health; in the event of willful or grossly negligent breach of duty as well as malice; in the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and compliance with which the contractual partner can regularly rely (cardinal obligations) in the case of guarantee promises, insofar as agreed and insofar as the scope of the product liability law has been opened up.
§ 13 Liability and Limitation of Liability
(1) We are always unrestrictedly liable for claims due to damage caused by us, our legal representatives or vicarious agents
- in the event of injury to life, body or health.
- in the event of willful or grossly negligent breach of duty.
- in the case of guarantee promises, if agreed.
- as far as the scope of the product liability law is opened.
(2) In the event of a breach of essential contractual obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the amount of liability is for the damage foreseeable at the time the contract was concluded limited, the occurrence of which must typically be expected.
(3) According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and / or available at all times. In this respect, we are not liable for the constant or uninterrupted availability of our online trading system and the digital content. To maintain the shop system, maintenance work, in individual cases also server shutdowns or restarts, is required. This can lead to infrequent, temporary service restrictions. This also applies to service restrictions of other origin that we cannot influence (e.g. disruption of public communication networks, power outages, denial-of-service attacks, strikes).
(4) Otherwise claims for damages are excluded. We are not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
§ 14 Consumer dispute resolution – Information on alternative dispute resolution according to Regulation (EU) No. 524/2013 of the European Parliament and Council and § 36 VSBG
(1) The OS platform is intended to serve as a point of contact for the out-of-court settlement of disputes regarding contractual obligations arising from online sales contracts. You can find the European Commission’s online dispute resolution service for consumer disputes at: ec.europa.eu/consumers/odr/
(2) We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
(3) Our E-mail Adress: info@digitalabsorption.de
§ 15 Final Provisions
(1) The contract language is English.
(2) The law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the state in which you have your habitual residence remain unaffected.
(3) If you do not have a general place of jurisdiction in Germany or move your place of residence abroad after the conclusion of the contract or if your place of residence is not known at the time the action is brought, the place of jurisdiction for all disputes is our place of business, if you are a merchant or a legal person under public law. The legal place of jurisdiction applies to consumers.
(4) Should individual provisions of this contract be ineffective or contradict the statutory provisions, this shall not affect the rest of the contract. The ineffective provision will be mutually replaced by the contracting parties with a legally effective provision that comes as close as possible to the economic sense and purpose of the ineffective provision. The above provision applies in case of loopholes accordingly.
