§ 1 Applicability
(1) These General Terms and Conditions (“Terms”) govern the contractual relationship between you and us for purchases made via our online shop, unless we expressly agree otherwise in text form (e.g., by email).
(2) “Consumer” means any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business or profession. “Business Customer” means a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their trade, business or profession (Entrepreneur within the meaning of § 14 BGB (German Civil Code)).
(3) We may amend these Terms for the future. We will draw your attention to any changes at the latest at the time of your next order. The amended Terms apply only if you accept them.
(4) For Business Customers: Our Terms apply also to future business relationships. Conflicting or supplementary terms and conditions of the Business Customer do not become part of the contract unless we expressly agree to their validity in writing.
§ 2 Contractual Object
(1) The subject matter of the contract is the sale of digital products (e.g., templates, presets, LUTs, plugins) (“Digital Products”). The essential features, compatibility and system requirements of each Digital Product are stated on the respective product page.
(2) Where we provide a Digital Product free of charge and you provide personal data for purposes beyond what is necessary to supply the Digital Product (e.g., for marketing), statutory consumer rights for digital products may apply accordingly.
§ 3 Online Shop Account (optional)
(1) Creating an account may be offered as an option. Registration is free of charge. Only persons with unlimited legal capacity may register. You must provide the data required for registration completely and truthfully and keep it up to date.
(2) You must keep your login credentials confidential and must not disclose them to third parties. You are responsible for activities performed via your account unless you are not responsible for the misuse.
(3) You may delete your account at any time via the account area (“Account”).
§ 4 Data Protection
Information on the processing of your personal data can be found in our privacy policy https://shop.digitalabsorption.de/index.php/data-security/
§ 5 Steps to Conclude a Contract and Contract Text
(1) The presentation of Digital Products in our online shop does not constitute a legally binding offer, but an invitation to submit an offer. By clicking the order button (e.g., “Buy now”), you submit a binding offer to conclude a contract in accordance with § 145 of the German Civil Code (Bürgerliches Gesetzbuch, “BGB”).
(2) The ordering process typically includes the following steps: (1) selecting the product, (2) viewing the cart and proceeding to checkout, (3) entering your data, (4) selecting a payment method, (5) reviewing your entries and accepting these Terms and the cancellation policy, and (6) submitting the order by clicking the order button.
(3) Before submitting your order, you can correct input errors using the correction tools provided in the checkout process, your browser’s back button, or by cancelling the order process.
(4) After placing your order, you will receive an automated confirmation of receipt by email. This confirmation does not constitute acceptance of your offer.
(5) We accept your offer by sending an order confirmation by email or by providing access to the Digital Product (e.g., by activating a download link). The contract text (including these Terms and the cancellation policy) is provided to you on a durable medium (e.g., email) as part of the order confirmation. If you have created an account, you may be able to view order details in the account area. We do not make the full contract text available for online access. If you place an order as a guest without creating an account, the contract text will not be accessible online after the order is completed. Please save the documents on your device for your records.
§ 6 Prices and Terms of Payment
(1) All prices are final prices. VAT is charged only where applicable. Where we apply the small business scheme under § 19(1) UStG, VAT is not charged or shown.
(2) The available payment methods are displayed during checkout (e.g., PayPal, credit card via Stripe).
(3) If you choose PayPal or credit card via Stripe, you may be redirected to the website of the respective payment service provider. Please check the information in the payment process carefully.
(4) In individual cases, we reserve the right not to offer certain payment methods.
§ 7 Delivery (Digital Products Only)
(1) We sell and deliver Digital Products only. No physical goods are sold via this shop.
(2) Delivery of Digital Products takes place after receipt of payment by providing a download link, by email, and/or via your customer account, as described on the product page.
(3) You are responsible for ensuring that the email address you provide is correct and that you can receive emails and access the download link (including spam filters and storage limitations).
(4) We recommend downloading and securely storing the Digital Product promptly after delivery.
§ 8 Functionality and Usage Instructions
(1) Your device must meet the system requirements specified on the respective product page.
(2) To use our Digital Products, you may need additional software (e.g., Adobe Lightroom/Photoshop, Final Cut Pro) as specified on the product page. This additional software is not part of our services.
(3) Unless otherwise stated on the product page, Digital Products are provided in the file formats indicated there. You are responsible for ensuring compatibility with your software and devices based on the stated requirements.
(4) If you have a customer account, we may provide access to your downloads via the customer area as a service. We cannot guarantee uninterrupted or permanent availability of the customer area. Please download and securely store the Digital Product on your devices.
§ 9 Copyright, Scope of Usage Rights and Licences
(1) We hold the copyrights and other intellectual property rights in the Digital Products and their components.
(2) Upon full payment, we grant you a non-exclusive, non-transferable licence to use the Digital Product for your own purposes, unless otherwise stated on the product page or agreed in text form. The licence includes in particular: (a) the right to download, store and reproduce the Digital Product for personal backup purposes; (b) the right to edit and create derivative works for your own use; (c) no right to sell, sublicense, share, publish, rent, lease or otherwise make the Digital Product (or parts thereof) available to third parties.
(3) Unless otherwise specified, the licence is granted worldwide and for an unlimited period of time.
(4) You must not remove, obscure or alter copyright notices, watermarks, trademarks or other legal notices contained in the Digital Product.
(5) If Digital Products are protected by technical protection measures, you must not circumvent such measures.
(6) In the event of a serious violation of these licence terms, we may suspend or permanently revoke your licence to use the Digital Product.
§ 10 Warranty / Statutory Rights
(1) Consumers are entitled to statutory rights in the event of defects. Within the statutory framework, this may include the right to cure, price reduction and, where applicable, termination (withdrawal) of the contract.
(2) For Consumers, the statutory rights in case of defects apply to Digital Products in accordance with the rules on contracts for digital products under German law (in particular §§ 327 et seq. BGB (German Civil Code)). The description, compatibility and system requirements stated on the product page form part of the agreed requirements at the time the Digital Product is made available.
(3) For Business Customers: the limitation period for defect claims is one year from the time the Digital Product is made available, unless mandatory statutory provisions provide otherwise. Statutory limitation periods for recourse rights under § 478 BGB (German Civil Code) remain unaffected.
(4) For Business Customers who are merchants, the duty to examine and give notice of defects in accordance with § 377 HGB (German Commercial Code) applies accordingly.
(5) We do not give an independent guarantee unless expressly agreed in text form. Statements on product pages or in marketing materials do not constitute a guarantee.
(6) Our Digital Products are created with due care and in accordance with the state of the art at the time of completion. Where required by law to maintain conformity of a Digital Product, we will provide necessary updates (including security updates). Unless expressly agreed, we do not owe feature upgrades or new versions.
(7) The liability rules in § 11 of these Terms and mandatory statutory liability provisions remain unaffected.
§ 11 Liability and Limitation of Liability
(1) We are liable without limitation for damages caused by us, our legal representatives or vicarious agents
- in cases of intent or gross negligence;
- in cases of injury to life, body or health;
- under mandatory product liability law; and
- in the event of an express guarantee, to the extent of such guarantee.
(2) In the event of a slightly negligent breach of an essential contractual obligation (cardinal obligation), our liability is limited to the foreseeable damage typical for the contract. An essential contractual obligation is an obligation the fulfilment of which is essential for the proper performance of the contract and on the observance of which the customer may regularly rely.
(3) Otherwise, liability for damages caused by slight negligence is excluded, to the extent permitted by law.
(4) According to the current state of technology, data communication over the Internet cannot be guaranteed to be error-free and/or available at all times. We are therefore not liable for temporary interruptions or restrictions of availability due to maintenance, technical disruptions, force majeure, or events outside our control (e.g., disruptions of public networks, power outages, strikes, denial-of-service attacks), provided that we are not responsible for such interruptions.
§ 12 Final Provisions
(1) The contract language is English.
(2) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Mandatory consumer protection provisions of the country in which you have your habitual residence remain unaffected.
(3) If you are a Business Customer, the place of jurisdiction for all disputes is our place of business, unless another exclusive place of jurisdiction applies by law.
(4) Should individual provisions of these Terms be invalid or conflict with statutory provisions, the remaining provisions remain unaffected. The parties shall replace the invalid provision with a valid provision that comes closest to the economic purpose of the invalid provision.
