–––––––––––––––––––––––––––––––––––––––––––––––––––––––
Terms and Conditions with Customer Information
–––––––––––––––––––––––––––––––––––––––––––––––––––––––
Table of Contents
-
Scope
-
Conclusion of Contract
-
Right of Withdrawal
-
Prices and Payment Terms
-
Delivery and Shipping Conditions
-
Granting of Usage Rights for License Keys
-
Retention of Title
-
Liability for Defects (Warranty)
-
Liability
-
Redemption of Promotional Vouchers
-
Applicable Law
-
Alternative Dispute Resolution
1) Scope
1.1
These Terms and Conditions (“T&Cs”) of Daniel Jung, doing business as “BitcoinPuzzlePirates” (hereinafter “we/us”), apply to all contracts for the delivery of goods that you, as a consumer or entrepreneur (hereinafter “you”), conclude with us regarding the goods presented in our online shop. We hereby object to the inclusion of your own terms and conditions unless otherwise agreed with you.
1.2
These T&Cs also apply accordingly to contracts for the provision of license keys, unless otherwise stipulated. In this context, we owe the provision of a license key for the use of the digital content or digital services described by us (hereinafter “digital products”) as well as the granting of the contractually agreed rights to use the respective digital products. You do not acquire any intellectual property rights in the digital product. The respective product description provided by us shall be decisive for the characteristics of the digital product.
1.3
For the purposes of these T&Cs, you are a consumer if you enter into a legal transaction for purposes that are predominantly outside your trade, business, or self-employed professional activity.
1.4
For the purposes of these T&Cs, you are an entrepreneur as 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 self-employed professional activity.
2) Conclusion of Contract
2.1
The product descriptions contained in our online shop do not constitute binding offers on our part, but serve to enable you to submit a binding offer.
2.2
You may submit your offer via the online order form integrated into our online shop. By placing the selected goods in the virtual shopping cart and completing the electronic ordering process, you submit a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that completes the ordering process.
2.3
We may accept your offer within five days,
-
by sending you a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the confirmation by you shall be decisive, or
-
by delivering the ordered goods to you, whereby receipt of the goods by you shall be decisive, or
-
by requesting payment from you after you have placed your order.
If several of the above alternatives occur, the contract is concluded at the time when one of the above alternatives occurs first. The acceptance period begins on the day following the dispatch of your offer and ends at the end of the fifth day following dispatch of the offer. If we do not accept your offer within this period, this shall be deemed a rejection of the offer with the result that you are no longer bound by your declaration of intent.
2.4 PayPal
If you select a payment method offered by PayPal, payment processing is carried out via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”), subject to PayPal’s Terms of Use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full, or—if you do not have a PayPal account—subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full.
If you pay using a PayPal payment method selectable during the online ordering process, we hereby declare acceptance of your offer at the time you click the button that completes the ordering process.
2.5 Amazon Payments
If you select “Amazon Payments”, payment processing is carried out via Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (“Amazon”), subject to the Amazon Payments Europe User Agreement, available at https://payments.amazon.de/help/201751590.
By selecting “Amazon Payments” during the online ordering process, you also issue a payment order to Amazon when you click the button that completes the order. In this case, we hereby declare acceptance of your offer at the time you trigger the payment transaction by clicking the button that completes the ordering process.
2.6 Contract Text Storage
When an offer is submitted via our online order form, we store the contract text after the contract has been concluded and transmit it to you in text form (e.g., email, fax, or letter) after you send your order. We do not provide the contract text beyond this.
If you have created a user account in our online shop before sending your order, the order data is archived on our website and can be accessed free of charge by you via your password-protected user account using the corresponding login data.
2.7 Correction of Input Errors
Before submitting your binding order via our online order form, you can identify potential input errors by carefully reading the information displayed on the screen. A useful technical means of better recognizing input errors may be the zoom function of your browser, which enlarges the display on the screen. You can correct your entries during the electronic ordering process using the usual keyboard and mouse functions until you click the button that completes the ordering process.
2.8 Languages
Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.
2.9 Order Processing / Email Communication
Order processing and contact generally take place via email and automated order processing. You must ensure that the email address provided for order processing is correct so that emails sent by us can be received at this address. In particular, when using spam filters, you must ensure that all emails sent by us or by third parties commissioned by us for order processing can be delivered.
3) Right of Withdrawal
3.1
Consumers generally have a right of withdrawal.
3.2
Further information on the right of withdrawal can be found in our Cancellation Policy.
3.3
The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, are not a member of the European Union and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
4) Prices and Payment Terms
4.1
Unless otherwise stated in the product description, the stated prices are total prices. VAT is not shown because we are a small business within the meaning of the German VAT Act (UStG). Any additional delivery and shipping costs will be stated separately in the respective product description.
4.2
For deliveries to countries outside the European Union, additional costs may arise in individual cases for which we are not responsible and which you must bear. These include, for example, costs for money transfer by financial institutions (e.g., transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs may also arise in connection with money transfer even if the delivery is not made to a country outside the European Union, but you make the payment from a country outside the European Union.
4.3
The available payment method(s) will be communicated to you in our online shop.
4.4 Advance Payment by Bank Transfer
If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract unless a later due date has been agreed with you.
4.5 PayPal Payment Methods / Assignment / Credit Check
If you select a PayPal payment method, payment processing is carried out via PayPal, which may also use third-party payment service providers.
If we also offer PayPal payment methods under which we provide services in advance (e.g., purchase on invoice or installment payment), we assign our payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to you. Before accepting our declaration of assignment, PayPal or the commissioned payment service provider may perform a credit check using the transmitted customer data. We reserve the right to refuse the selected payment method in the event of a negative result.
If the selected payment method is approved, you must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, you may only make payment to PayPal or the commissioned payment service provider with discharging effect. However, even in the event of assignment of the claim, we remain responsible for general customer inquiries (e.g., regarding goods, delivery time, shipping, returns, complaints, withdrawal declarations and returns, or credit notes).
4.6 Sofortüberweisung (Klarna)
If you select “Sofortüberweisung”, payment is processed by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (“Klarna”). To pay via “Sofortüberweisung”, you must have an online banking account enabled for participation in “Sofortüberweisung”, authenticate yourself accordingly during the payment process, and confirm the payment instruction. The payment transaction is carried out immediately by Klarna and your bank account is debited. Further information is available at https://www.klarna.com/sofort/.
5) Delivery and Shipping Conditions
5.1
If we offer shipping, delivery will be made within the delivery area specified by us to the delivery address provided by you, unless otherwise agreed. The delivery address stated in our order processing is decisive. By way of derogation, if PayPal is selected as the payment method, the delivery address stored with PayPal at the time of payment is decisive.
5.2
If delivery fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. This does not apply to the costs of shipping to you if you effectively exercise your right of withdrawal. For return shipping costs, the provisions set out in our Cancellation Policy apply if you effectively exercise your right of withdrawal.
5.3 Transfer of Risk
If you act as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to you as soon as we have delivered the goods to the forwarding agent, carrier, or other person or institution designated to carry out the shipment.
If you act as a consumer, the risk passes to you only upon handover of the goods to you or to a person entitled to receive them.
By way of derogation, the risk also passes to you as a consumer as soon as we have delivered the goods to the forwarding agent, carrier, or other person or institution designated to carry out the shipment if you have commissioned such person or institution and we have not previously named this person or institution to you.
5.4 Self-Supply Reservation
We reserve the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not our responsibility and we have concluded a specific covering transaction with the supplier with due care. We will make all reasonable efforts to procure the goods. If the goods are unavailable or only partially available, you will be informed without delay and the consideration will be reimbursed without delay.
5.5
Self-collection is not possible for logistical reasons.
5.6 Provision of License Keys
License keys are provided to you as follows:
-
by display on the screen
-
by email
6) Granting of Usage Rights for License Keys
6.1
The provided license key entitles you to use the digital product specified in the respective product description to the extent described therein.
6.2
If the license key relates to the one-time provision of digital content, the granting of rights shall only become effective once you have paid the remuneration owed in full.
7) Retention of Title
If we provide services in advance, we retain title to the delivered goods until full payment of the purchase price owed.
8) Liability for Defects (Warranty)
Unless otherwise stated below, the statutory provisions on liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:
8.1 If you act as an entrepreneur,
-
we may choose the type of subsequent performance;
-
for new goods, the limitation period for defect claims is one year from delivery;
-
for used goods, defect claims are excluded;
-
limitation does not restart if replacement delivery is made within the scope of liability for defects.
8.2 The above limitations and shortening of periods do not apply
-
to your claims for damages and reimbursement of expenses,
-
if we have fraudulently concealed the defect,
-
for goods used for a building in accordance with their customary use and which caused its defectiveness,
-
for any obligation on our part to provide updates for digital products in contracts for goods with digital elements.
8.3
For entrepreneurs, statutory limitation periods for any existing statutory right of recourse remain unaffected.
8.4 Commercial Duty to Inspect and Give Notice
If you are a merchant within the meaning of Sec. 1 German Commercial Code (HGB), you are subject to the commercial duty to inspect and give notice of defects pursuant to Sec. 377 HGB. If you fail to comply with the notification obligations, the goods shall be deemed approved.
8.5 Consumers / Transport Damage
If you act as a consumer, you are requested to complain about delivered goods with obvious transport damage to the carrier and to inform us thereof. Failure to do so has no effect on your statutory or contractual defect claims.
9) Liability
The seller is liable to you for all contractual, quasi-contractual, statutory, and tort claims for damages and reimbursement of expenses as follows:
9.1 Unlimited liability
We are liable without limitation for any legal reason
-
in cases of intent or gross negligence,
-
in cases of intentional or negligent injury to life, body, or health,
-
due to a guarantee promise, unless otherwise regulated,
-
due to mandatory liability, such as under the Product Liability Act.
9.2 Essential contractual obligations
If we negligently breach a material contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless we are liable without limitation under the above clause. Material contractual obligations are obligations which the contract imposes on us according to its content to achieve the purpose of the contract, the fulfillment of which enables proper performance of the contract in the first place and on the observance of which you may regularly rely.
9.3
Otherwise, our liability is excluded.
9.4
The above liability provisions also apply with regard to our liability for vicarious agents and legal representatives.
10) Redemption of Promotional Vouchers
10.1
Vouchers issued by us free of charge as part of promotional campaigns with a specific validity period and which you cannot purchase (“promotional vouchers”) can only be redeemed in our online shop and only within the specified period.
10.2
Individual products may be excluded from voucher campaigns if a corresponding restriction results from the content of the promotional voucher.
10.3
Promotional vouchers can only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.
10.4
Only one promotional voucher can be redeemed per order.
10.5
If the promotional voucher relates to a specific value (not a percentage discount), the value of your goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded.
10.6
If the value of the promotional voucher is insufficient to cover your order, you may choose one of the other payment methods offered to pay the difference.
10.7
The credit of a promotional voucher is neither paid out in cash nor does it bear interest.
10.8
A promotional voucher will not be refunded if you return goods paid for in whole or in part with the voucher within the scope of your statutory right of withdrawal.
10.9 Transferability
The promotional voucher is transferable. We may perform with discharging effect to the respective holder who redeems the promotional voucher in our online shop. This does not apply if we have knowledge or grossly negligent lack of knowledge of the holder’s lack of authorization, legal incapacity, or lack of authority to represent.
11) Applicable Law
11.1
All legal relationships between you and us are governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. If you act as a consumer, this choice of law applies only insofar as it does not deprive you of the protection afforded by mandatory provisions of the law of the country in which you have your habitual residence.
11.2
This choice of law does not apply with regard to the statutory right of withdrawal for consumers who, at the time of conclusion of the contract, are not members of the European Union and whose sole place of residence and delivery address are outside the European Union.
12) Alternative Dispute Resolution
We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
Copyright Notice
These Terms and Conditions were drafted by the specialist lawyers of IT-Recht Kanzlei and are protected by copyright (https://www.it-recht-kanzlei.de).