Terms And Condition

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Daniel Jung, operating under “BitcoinPuzzlePirates” (hereinafter referred to as the “Entrepreneur”), apply to all contracts for the provision of software concluded between a consumer or entrepreneur (hereinafter referred to as the “Customer”) and the Entrepreneur concerning the software products offered by the Entrepreneur in the online shop (hereinafter referred to as “Software”). The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer, as defined in these GTC, is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or self-employed professional activity.

1.3 An entrepreneur, as defined in these GTC, is a natural or legal person or a legal partnership that, when entering into a legal transaction, acts in the exercise of its commercial or self-employed professional activity.

2) Subject Matter of the Contract

2.1 The subject matter of the contract is the provision of the software offered by the Entrepreneur in electronic form, with certain usage rights being granted, as specified in detail in these GTC.

2.2 The Customer does not acquire any intellectual property rights to the Software. The source code of the Software is not part of the provided Software.

2.3 Installation is not part of the contract. In this regard, the Entrepreneur refers to the installation instructions. This applies particularly to the hardware and software environment in which the Software is to be used.

2.4 Unless otherwise stated in the product description of the Entrepreneur, the Customer is not entitled to individual application support from the Entrepreneur.

3) Conclusion of the Contract

3.1 The software products described in the Entrepreneur’s online shop do not constitute binding offers by the Entrepreneur but serve as an invitation for the Customer to submit a binding offer.

3.2 The Customer can submit an offer using the online order form integrated into the Entrepreneur’s online shop. By placing the selected software in the virtual shopping cart, completing the electronic ordering process, and clicking the button to finalize the order, the Customer submits a legally binding contract offer for the software contained in the shopping cart.

3.3 The Entrepreneur may accept the Customer’s offer within five days by:

• Sending the Customer a written order confirmation or a confirmation in text form (fax or email), with the receipt of the confirmation by the Customer being decisive, or
• Providing the Customer with the ordered software, or
• Requesting payment from the Customer after the order has been placed.

If multiple of the above alternatives apply, the contract is concluded at the moment when the first of these alternatives occurs. The acceptance period for the offer begins on the day after the offer is submitted by the Customer and ends at the end of the fifth day following the submission of the offer. If the Entrepreneur does not accept the Customer’s offer within this period, the offer is considered rejected, and the Customer is no longer bound by their offer.

3.4 If the Customer selects a PayPal payment method, the payment processing is carried out by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”) under the PayPal Terms of Use, available at:
PayPal User Agreement
or, if the Customer does not have a PayPal account, under the Terms for Payments Without a PayPal Account, available at:
PayPal Privacy Statement.

If the Customer chooses a PayPal payment method during the online ordering process, the Entrepreneur declares acceptance of the Customer’s offer at the moment the Customer clicks the button to complete the order.

3.5 When submitting an offer via the online order form, the Entrepreneur stores the contract text after the contract is concluded and sends it to the Customer via email, fax, or letter after the order is placed.

Beyond this, the Entrepreneur does not make the contract text accessible. If the Customer has created a user account in the online shop before submitting the order, the order details will be archived on the Entrepreneur’s website and can be accessed by the Customer through their password-protected user account at any time.

3.6 Before submitting a binding order via the online order form, the Customer can identify input errors by carefully reviewing the information displayed on the screen. A technical tool to detect input errors more effectively is the browser’s zoom function, which can enlarge the display.

The Customer can correct their entries at any time during the ordering process using the standard keyboard and mouse functions until they click the button that finalizes the order.

3.7 The language available for concluding the contract is German.

3.8 Order processing and communication with the Customer usually take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails from the Entrepreneur can be received.

In particular, if spam filters are used, the Customer must ensure that all emails from the Entrepreneur are delivered.

4) Right of Withdrawal

Consumers generally have a right of withdrawal. More detailed information regarding the right of withdrawal can be found in the Entrepreneur’s withdrawal policy.

5) Prices and Payment Terms

5.1 Unless otherwise stated in the product description, the prices listed are total prices. Value-added tax (VAT) does not apply, as the Entrepreneur is exempt from VAT under the small business regulation.

5.2 For payments made from countries outside the European Union, additional costs may arise in individual cases, which are beyond the control of the Entrepreneur and must be borne by the Customer. These may include, for example, fees charged by financial institutions (e.g., transfer fees, currency exchange fees).

5.3 The available payment methods will be communicated to the Customer in the Entrepreneur’s online shop.

5.4 If the Customer selects a payment method via “PayPal”, the payment processing will be handled by PayPal. PayPal may also use third-party payment service providers for this purpose.

If the Entrepreneur offers payment methods via PayPal where the Entrepreneur advances payment to the Customer (e.g., purchase on account or installment payment), the Entrepreneur assigns the payment claim to PayPal or a payment service provider appointed by PayPal and explicitly named to the Customer.

Before accepting the assignment, PayPal or the appointed payment service provider may perform a credit check using the Customer’s provided data. If the result is negative, the Entrepreneur reserves the right to refuse the selected payment method.

If the payment method is approved, the Customer is required to pay the invoice amount within the agreed payment period or intervals. Payments must be made exclusively to PayPal or the designated payment service provider to have a debt-discharging effect.

Even in the case of an assigned payment claim, the Entrepreneur remains responsible for all general customer inquiries, including questions about the product, delivery times, shipping, returns, complaints, withdrawal declarations, and refunds.

6) Provision of the Software

6.1 The Entrepreneur provides the Software by offering the Customer a digital copy for download via the Internet. The Entrepreneur sends the Customer an email containing a download link, allowing the Customer to download and store the digital copy in a location of their choice.

6.2 Compliance with any delivery deadlines is determined by the time at which the software is made available for download online and the Customer is notified accordingly.

 

7) Granting of Usage Rights

7.1 Unless otherwise stated in the Entrepreneur’s product description, the Entrepreneur grants the Customer a non-exclusive, perpetual, and transferable right to use the Software in the agreed hardware and software environment for private and/or commercial purposes.

7.2 The Customer is not granted the right to modify or edit the Software.

7.3 The rental of the Software is not permitted.

7.4 The Customer is prohibited from removing and/or modifying any existing copy protection.

7.5 The Customer is allowed to create one backup copy of the Software for security purposes. Such copies, made as part of proper data backup procedures, are considered part of the intended use of the Software.

7.6 If the Customer transfers their usage rights to a third party, they must also transfer their contractual obligations to the third party. With this transfer, the Customer’s usage rights expire, and all existing copies of the Software must be deleted.

7.7 The granted usage rights become effective only after the Customer has made full payment for the Software.

7.8 If the Customer seriously violates the agreed usage rights to an extent that makes it unreasonable for the Entrepreneur to uphold the contract, the Entrepreneur may terminate the agreement on usage rights for the affected Software with immediate effect.

7.9 In the event of termination, the Customer is obligated to delete all existing copies of the Software and, upon request, confirm this in text form to the Entrepreneur.

7.10 All other legal and contractual regulations remain unaffected.

8) Customer’s Obligations to Cooperate

8.1 The Customer is responsible for familiarizing themselves with the essential features of the Software. The setup of a functional hardware and software environment, which must be sufficiently powerful to run the Software, is entirely the Customer’s responsibility.

8.2 The Customer must comply with the instructions provided by the Entrepreneur for the installation and operation of the Software.

8.3 The Entrepreneur recommends that the Customer take appropriate precautions in case the Software does not function properly, such as:

• Daily data backups
• Error diagnostics
• Regular checks of data processing results

Before installing the Software, the Customer should perform a suitable backup of their data.

9) Liability for Defects

If the Software is defective, the legal warranty provisions apply.

 

10) Applicable Law

All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of goods.

For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory legal provisions of the country in which the consumer has their habitual residence.

11) Jurisdiction

If the Customer is a merchant, a legal entity under public law, or a special fund under public law with a registered office in Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the Entrepreneur.

If the Customer’s registered office is outside Germany, then the registered office of the Entrepreneur shall also be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from it relate to the Customer’s professional or commercial activities.

However, in the above-mentioned cases, the Entrepreneur also reserves the right to bring legal action before the court at the Customer’s place of business.

12) Alternative Dispute Resolution

12.1 The European Commission provides an online dispute resolution platform at the following link:
https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.

12.2 The Entrepreneur is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.