Terms and Conditions with customer information
- Transfer of content
- Grant of rights of use
- liability for defects
- Applicable law
- Alternative Dispute Resolution
1.1 These General Terms and Conditions (hereinafter referred to as the "Terms") of UNITY Handels GmbH (hereinafter referred to as the "Licensor") apply to all contracts relating to the supply of non-physical data that are produced and provided in digital form (digital content) a consumer or entrepreneur (hereinafter "Licensee") enters into a licensing agreement with the licensor regarding the digital content displayed by the licensor in his online store. Hereby the inclusion of own conditions of the licensee is contradicted, 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 specific rights of use regulated in more detail in these terms and conditions.
1.3 Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. Entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.
2) Conclusion of the contract
2.1The contents published in the licensor's online shop do not constitute binding offers on the part of the licensor, but serve to make a binding offer by the licensee.
2.2 The licensee may submit the offer via the online order form integrated in the licensor's online shop. In this case, the licensee, after he has placed the selected content in the virtual shopping cart and has gone through the electronic ordering process, by clicking the finalizing the order process button a legally binding contract offer in relation to the contents contained in the shopping cart.
2.3 The Licensor may accept the Licensee's offer within five days,
- by submitting to the licensee a written order confirmation or an order confirmation in text form (fax or e-mail), whereby in this respect the receipt of the order confirmation by the licensee is decisive, or
- by leaving to the licensee the ordered contents, whereby the access to the licensee is authoritative, or
- by requesting the licensee to pay after submitting his order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. If the licensor does not accept the offer of the licensee within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the licensee is no longer bound by his declaration of intent.
2.5 If you choose the payment method "Amazon Payments", the payment will be processed by the payment service Amazon Payments Europe sca, 5 Rue Plaetis, L-2338 Luxembourg ("Amazon"), subject to the Amazon Payments Europe User Agreement, available at https: // payments.amazon.de/help/Privatkunden/Nutzungsvereinbarung-Richtlinien/Nutzungsvereinbarung. If the customer selects "Amazon Payments" as a payment method in the online order process, he also issues a payment order to Amazon by clicking on the button that concludes the order process. Deviating from clause 2.3, the seller hereby already declares acceptance of the offer of the customer in the moment in which the customer triggers the payment process by clicking on the button concluding the order process.
2.6 The period for acceptance of the offer begins on the day following the submission of the offer by the licensee and ends on the fifth day following the dispatch of the offer.
2.7 When submitting an offer via the licensor's online order form, the contract text will be stored by the licensor after the conclusion of the contract and sent to the licensee after submitting his order in writing (eg e-mail, fax or letter). Any further provision of the contract by the licensor does not take place. If the licensee has set up a user account in the licensor's online shop before submitting his order, the order data will be archived on the licensor's website and can be retrieved by the licensee via his password-protected user account, stating the corresponding login data, free of charge.
2.8 Prior to the binding submission of the order via the online order form, the licensee can continually correct his entries using the usual keyboard and mouse functions. In addition, all entries before the binding submission of the order are displayed again in a confirmation window and can also be corrected there using the usual keyboard and mouse functions.
2.9 For the conclusion of the contract, only the German language is available.
2.10 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address specified by him for the order processing is correct, so that at this address the e-mails sent by the licensor can be received. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the licensor or by third parties commissioning the order processing can be delivered.
Consumers are in principle entitled to a right of withdrawal. Further information on the right of revocation results from the revocation instruction of the licensor.
4.1 The prices stated by the licensor are total prices and include the legal value added tax.
4.2 The licensee has various payment options available that are specified in the Licensor's online shop.
4.3 Payment method Groupon voucher
5) Transfer of content
The transfer of the content takes place exclusively in electronic form by e-mail or by download from the website of the licensor.
6) liability for defects
The statutory liability for defects applies.
7) Applicable law
7.1 For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
7.2 If the licensee acts as a merchant, legal entity under public law or special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the licensor. If the licensee is located outside the territory of the Federal Republic of Germany, the licensor's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the licensee's professional or commercial activity. However, in the above cases, the licensor is in any case entitled to call the court at the registered office of the licensee.
8) Alternative Dispute Resolution
8.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link:https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
8.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.