Table of Contents
- Scope of Application
- Conclusion of the Contract
- Prices and Payment Conditions
- Shipment and Delivery Conditions
- Product Licence
- Granting Rights of Use for Digital Content
- Reservation of Proprietary Rights
- Warranty
- Applicable Law
- Alternative dispute resolution
- Liability
What you buy on this page
You buy a license key, which grants you access to updates and the possibility to update the plugin easily, IF there are new updates available.
The WordPress plugins are provided under the GPLv3 License.
1 Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the company Nikel Schubert (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client”) and the Seller relating to all goods and/or services presented in the Seller's online shop. The inclusion of the Client's own conditions is herewith objected to, unless other terms have been stipulated.
2 Terms and Conditions of Contract
2.1 The product descriptions in the Seller's online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.
2.2 Our order process is managed by our online reseller and "Merchant of Record", Paddle.com. They are responsible for handling order-related inquiries and returns. For details on the Paddle order process and your customer rights, please review Paddle's Terms & Conditions for Consumers, Terms & Conditions for Businesses, and Privacy Policy.
2.3 Consumer Cancellation Rights
As a Consumer, you have the right to cancel your subscription within 14 days without needing to provide a reason. This cancellation period expires 14 days after the day following the completion of the transaction. To meet the cancellation deadline, simply notify Paddle of your decision before the 14-day period ends.
To cancel your order, you must inform Paddle of your intent. For prompt processing, please contact Paddle here. Please note that this right to cancel applies only to the initial subscription and does not extend to automatic renewals.
However: we want you to be happy so, if you provenly didn't use the product, but forgot to cancel and contact us 14 days after payment, we will refund you anyway. No matter if you are a business or a consumer.
2.4 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client's responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
3 Prices and Payment Conditions
3.1 Unless otherwise stated in the Seller's product description, prices indicated are total prices including the statutory sales tax. Delivery costs, where appropriate, will be indicated separately in the respective product description
4 Shipment and Delivery Conditions
4.1 Digital content will be provided to the Client exclusively in electronic form as follows:
– via download
4.2 Licence keys will be provided to the Client as follows:
- by e-mail
- via display on the screen
5 Granting Rights of Use for Licence Keys
5.1The license key provided entitles the Client to update the software or content as described in the respective product description. The software itself is under the GPLv3 License.
5.2The granting of rights shall become effective only when the Client has fully paid the owed remuneration.
5.3 The license key is valid for one year. After that period it needs it is renewed automatically, if not cancelled.
5.4 Security and WordPress compatibility updates and are guaranteed until one year after payment. If the license is renewed updates are provided for another year.
5.5 If you purchase a license with a "one time payment" the license key is valid forever and no additional payments need to be done. That means, the buyer has access to all future updates as long as they are provided. In the unlikely case that the development of the plugin is discontinued, we guarantee for one year security and WordPress compatibility updates after payment.
6 Granting Rights of Use for Digital Content
6.1 All WordPress plugins provided through this website are licensed under the GPLv3 License.
7 Reservation of Proprietary Rights
If the Seller provides advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.
8 Warranty
8.1 Unless otherwise stipulated , the provisions of the statutory liability for defects shall apply. Deviating therefrom, the following shall apply to contracts for the delivery of goods:
8.2 If the Client acts as trader
- the Seller may choose the type of subsequent performance,
- for new goods, the limitation period for claims for defects shall be one year from delivery of the goods,
- for used goods, the rights and claims for defects are excluded,
- the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.
8.3 The above-mentioned limitations of liability and shortening of the period of limitation do not apply
- to claims for damages and reimbursement of expenses of the Client,
- if the Seller has fraudulently concealed the defect,
- for goods which have been used in accordance with their customary use for a building and which have caused its defectiveness,
- for any existing obligation of the Seller to provide updates for digital products with respect to contracts for the supply of goods with digital elements.
8.4 Furthermore, for traders, the statutory limitation periods for any statutory right of recourse that may exist shall remain unaffected.
8.5 If the Client is a businessperson pursuant to section 1 of the German Commercial Code (HGB) he has the commercial duty to examine the goods and notify the Seller of defects pursuant to section 377 HGB. Should the Client neglect the obligations of disclosure specified therein, the goods shall be deemed approved.
8.6 If the Client acts as a consumer, the forwarding agent has to be immediately notified of any obvious transport damages and the Seller has to be informed accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.
8.7 The Seller shall not be liable for defects in the performance of the telecommunications contract for which the respective service provider is solely responsible. In this respect, the relevant statutory provisions and any deviating contractual conditions of the respective service provider shall apply.
9 Applicable Law
9.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.
10 Alternative dispute resolution
10.1 The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr.
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
10.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.
11 Liability
We mention liability throughout these Terms but to put it all in one section:
You expressly understand and agree that Nikel Schubert shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Nikel Schubert has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the software or services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the software; (v) bugs or missing feature in the software (vi) or any other matter relating to this Terms of Service or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability. Certain states or laws do not allow limitation of certain damages. If these laws apply to you, some or all of the limitations may not apply to you and you might have additional rights.
In other words: choosing to download and install our products does mean you are making a bet on the product. If the bet does not work out, that's on you, not us. We do our darndest to be as safe a bet as possible through careful management of the business; investments in security, infrastructure, and talent; and in general.