General terms and conditions and customer information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a provider. (Sven Barthel) via the website https://de.shoutcast-tools.com/. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is hereby rejected.
(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession. An entrepreneur is any natural or legal person or a partnership with legal capacity who or which, when entering into a legal transaction, acts in exercise of his or its independent professional or commercial activity.
§ 2 Formation of the contract
(1) The object of the contract is the sale of digital content (data created and provided in digital form).
(2) By placing the respective digital content on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.
(3) The contract is concluded via the online shopping cart system as follows:
The digital content intended for purchase is stored in the "shopping cart". You can call up the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After clicking on the "Checkout" or "Continue to order" button (or similar) and entering your personal data and payment conditions, the order data will be displayed as an order overview.
If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as a payment method, you will either be taken to the order overview page in our online store or redirected to the website of the provider of the instant payment system.
If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online store.
Before submitting the order, you have the option of checking the details in the order overview again, changing them (also via the "back" function of the Internet browser) or canceling the order.
By sending the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with obligation to pay", "pay" / "pay now" or similar designation), you declare legally binding acceptance of the offer, whereby the contract is concluded.(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 License of use for digital content
(1) The digital content offered is protected by copyright. You will receive a license to use each digital content purchased from us from the respective licensor. The type and scope of the usage license are set out in the license terms specified in the respective offer.
§ 4 Contract term / termination for subscription contracts
(1) The subscription contract concluded between you and us has an indefinite term. The contract can be terminated by either party with one month's notice to the end of the month (unless otherwise stipulated in the respective offer).
(2) The right to terminate the contract without notice for good cause remains unaffected by this.
(3) Each termination must be declared and transmitted either in text form (e.g. e-mail) or via the termination button integrated on our website ("Terminate contracts here" or similar designation).
§ 5 Special agreements on payment methods offered
(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method that is offered via "PayPal" / "PayPal Checkout", the payment will 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; "PayPal"). The individual payment methods via "PayPal" are displayed to you under a correspondingly labeled button on our website and in the online ordering process. PayPal" may use other payment services for payment processing; if special payment terms apply, you will be informed of these separately. You can find more information about "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
§ 6 Right of retention
You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
§ 7 Warranty
(1) The statutory warranty rights apply.
(2) If a feature of the digital content deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of this by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(3) If you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
a) Only our own information and the manufacturer's product description shall be deemed agreed as the quality of the digital content, but not other advertising, public promotions and statements by the manufacturer.
b) In the event of defects, we shall provide warranty at our discretion by rectification or subsequent delivery. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the digital content or the defect or other circumstances indicate otherwise.
c) The warranty period is one year from delivery of the digital content. The shortened period shall not apply:
- for culpably caused damage attributable to us arising from injury to life, limb or health and for other damage caused intentionally or through gross negligence;
- insofar as we have fraudulently concealed the defect or have assumed a guarantee for the quality of the digital content;
- for items that have been used for a building in accordance with their normal use and have caused its defectiveness;
- in the case of statutory recourse claims that you have against us in connection with warranty rights.
§ 8 Choice of law
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favorability).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
II Customer information
1. identity of the seller
Sven Barthel
Bahnhofstrasse 16
44623 Herne
Germany
Phone: +4923231899719
E-mail: [email protected]
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/consumers/odr.
We are willing, but not obliged, to participate in dispute resolution proceedings before consumer arbitration boards.
2. information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I.).
3. contract language, contract text storage
3.1 The contract language is German.
3.2 The complete text of the contract is not saved by us. Before sending the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After we have received the order, the order data, the information required by law for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.
4. essential characteristics of the goods or services
The essential characteristics of the goods and/or services can be found in the respective offer.
5 Prices and terms of payment
5.1 The prices stated in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2 There are no shipping costs.
5.3 If the delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the credit institutions), which are to be borne by you.
5.4 Any costs incurred for the transfer of money (transfer or exchange rate fees of the credit institutions) shall be borne by you in cases where the delivery is made to an EU member state but the payment was initiated outside the European Union.
5.5 The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.
5.6 Unless otherwise stated in the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.
6. provision
6.1 The conditions for provision, the provision date and any existing provision restrictions can be found under a correspondingly designated button on our website or in the respective offer.
7. statutory liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
8. contract term / termination
Information on the term of the contract and the terms of termination can be found in the "Contract term / termination for subscription contracts" provision in our General Terms and Conditions (Part I) and in the respective offer.
These general terms and conditions and customer information were created by the lawyers of Händlerbund who specialize in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.
last update: 22.10.2024
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