Terms & Conditions

Table of Contents

  1. Scope of Application
  2. Conclusion of the Contract
  3. Right to Cancel
  4. Prices and Payment Conditions
  5. Shipment and Delivery Conditions
  6. Granting Rights of Use for Licence Keys
  7. Granting Rights of Use for Digital Content
  8. Contract Duration and Contract Termination Regarding Subscription Contracts
  9. Reservation of Proprietary Rights
  10. Warranty
  11. Applicable Law
  12. Alternative dispute resolution

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.

1.2 These GTC apply accordingly to the supply of digital content, unless expressly
agreed otherwise.

1.3 These GTC apply accordingly for the delivery of licence keys, unless expressly
otherwise provided. In doing so, the Seller shall owe the provision of a licence key for the use
of the software or content described by him as well as the granting of the contractually agreed
rights for the use of the respective software or content. The Client does not acquire intellectual
property rights to the software or content. The respective product description in the
Seller’s online shop is decisive for the quality of the software or content.

1.4 A consumer pursuant to these GTC is any natural person concluding a legal
transaction for a purpose attributed neither to a mainly commercial nor a self-employed
occupational activity. A trader pursuant to these GTC is any natural or legal person or
partnership with legal capacity acting in the performance of a commercial or self-employed
occupational activity when concluding a legal transaction.

1.5 Digital content in the sense of these GTC is all data not on a tangible medium
which are produced in digital form and are supplied by the Seller by granting certain usage rights
precisely defined in these GTC.

1.6 According to the Seller’ product description, the object of the contract
may be the supply of goods by way of a one-time delivery or the supply of goods by way of a stable
delivery (hereinafter referred to as “subscription contract”). In case of a
subscription contract, the Seller commits to supply the Client with the contractually owed goods
for the duration of the agreed contract period and at the contractually agreed time intervals.

2) Conclusion of the 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 The Client may submit the offer via the online order form integrated into the
Seller’s online shop. In doing so, after having placed the selected goods and/or services in the
virtual basket and passed through the ordering process, and by clicking the button finalizing the
order process, the Client submits a legally binding offer of contract with regard to the goods
and/or services contained in the shopping cart.

2.3 The Seller may accept the Client’s offer within five days,

  • by transferring a written order confirmation or an order confirmation in written form (fax or
    e-mail); insofar receipt of order confirmation by the Client is decisive, or
  • by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive,
    or
  • by requesting the Client to pay after he placed his order.

Provided that several of the aforementioned alternatives apply, the contract shall be concluded at
the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept
the Client’s offer within the aforementioned period of time, this shall be deemed as
rejecting the offer with the effect that the Client is no longer bound by his statement of intent.

2.4 If a payment method offered by PayPal is selected, the payment will be processed
by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard
Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), subject to the PayPal
Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if the
Client does not have a PayPal account, subject to the Terms for payments without a PayPal account,
available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Client pays by means
of a method of payment offered by PayPal which can be selected in the online order process, the
Seller hereby declares the acceptance of the Client’s offer at the time when the Client clicks on
the button concluding the order process.

2.5 When submitting an offer via the Seller’s online order form, the text of the
contract is stored by the Seller after the contract has been concluded and transmitted to the
Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The Seller shall
not make the contract text accessible beyond this. If the Client has set up a user account in the
Seller’s online shop prior to sending his order, the order data shall be stored on the Seller’s
website and can be accessed by the Client free of charge via his password-protected user account
by specifying the corresponding login data.

2.6 Prior to submitting a binding order via the Seller’s online order form,
the Client may recognize input errors by reading attentively the information displayed on the
screen. The enlargement function of the browser to enlarge the display on the screen may be an
effective method for better recognizing input errors.
The Client can correct all the data entered via the usual keyboard and mouse function during the
electronic ordering process, until he clicks the button finalizing the ordering process.

2.7 The English language is exclusively available for the conclusion of the
contract.

2.8 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) Right to Cancel

3.1 Consumers are entitled to the right to cancel.

3.2 Detailed information about the right to cancel are provided in the
Seller’s instruction on cancellation.

3.3 The right to cancel does not apply to consumers, who are no nationals of a
member state of the European Union at the time of concluding the contract und whose exclusive
domicile and delivery address were located outside of the European Union at the time of concluding
the contract.

4) Prices and Payment Conditions

4.1 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

4.2 Payment can be made using one of the methods mentioned in the Seller’s
online shop.

4.3 In case of delivery to countries outside the European Union, additional costs
may incur in individual cases for which the Seller is not responsible and which have to be borne
by the Client. This includes for example transfer fees charged by banking institutes (transfer
charges, exchange fees) or import duties or taxes (customs). Such costs regarding money transfer
may also incur, if delivery is not made in a country outside the European Union and the Client
carries out the payment from a country outside the European Union.

4.4 Kreditkartenzahlung via Stripe
When selecting the payment method credit card, the invoice amount is due immediately upon
conclusion of the contract. Payment by credit card is processed in cooperation with Stripe
Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Irland (hereinafter
referred to as “Stripe”). Stripe reserves the right to carry out a credit assessment and
to refuse this payment method if the credit check is negative.

5) Shipment and Delivery Conditions

5.1 Goods are generally delivered on dispatch route and to the delivery address
indicated by the Client, unless agreed otherwise. During the processing of the transaction, the
delivery address indicated in the Seller’s order processing is decisive.

5.2 Should the assigned transport company return the goods to the Seller, because
delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch.
This shall not apply, if the Client exercises his right to cancel effectively, if the delivery
cannot be made due to circumstances beyond the Client’s control or if he has been temporarily
impeded to receive the offered service, unless the Seller has notified the Client about the
service for a reasonable time in advance.

5.3 Personal collection is not possible for logistical reasons.

5.4 Digital content will be provided to the Client exclusively in electronic form as
follows:

– via download

5.5 Licence keys will be provided to the Client as follows:

  • by e-mail
  • via display on the screen

6) Granting Rights of Use for Licence Keys

6.1 The license key provided entitles the Client to use the software or content as
described in the respective product description.

6.2 The granting of rights shall become effective only when the Client has fully
paid the owed remuneration.

7) Granting Rights of Use for Digital Content

7.1 Unless otherwise stipulated in the description of contents displayed in the
Seller’s online shop, the Seller grants the client the non- exclusive right, unlimited in relation
to place and time, to use the contents supplied for private and professional purposes.

7.2 The transmission of content to third parties or the production of copies to
third parties in a way not covered by the GTC is prohibited, unless the Seller has consented to
the transfer of the contractual license to third parties.

7.3 The granting of rights pursuant to section 158 (1) German Civil Law Code will
only become effective, if the Client has paid the contractually stipulated compensation in full.
The Seller may allow the use of the contractual contents temporarily prior to this date. A
transfer of rights does not take place via such a provisional permission.

8) Contract Duration and Contract Termination Regarding Subscription Contracts

8.1 Subscription contracts are concluded indefinitely and can be cancelled by the
Client at the end of each month.

8.2 The right to immediate termination for important reasons remains unaffected.

An important reason is considered, when the continuation of the contract is no more reasonable
until the end of the agreed contractual period or until expiry of the notice period for
termination, taking into account all circumstances of the particular case and with balanced
judgement of mutual interests

8.3 Notices of termination must be made in writing or in text form (for example by
e-mail). .

9) 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.

10) Warranty

10.1 Should the object of purchase be deficient, statutory provisions shall apply.

10.2 Deviating hereof regarding used goods: Claims for defects are excluded if the
defect does not occur until one year after delivery of the goods. Defects that occur within one
year of delivery of the goods can be asserted within the statutory limitation period.

The shortening of the limitation period does not apply,

  • for a product, which was not used, in accordance with its usual application, for building
    construction and which was the cause of the building’s defectiveness,
  • for claims for damages and reimbursement of expenses on the part of the Client, and
  • if the Seller has fraudulently concealed the defect.

10.3 The Client is asked to notify any obvious transport damages to the forwarding
agent and to inform the Seller accordingly. Should the Client fail to comply therewith, this shall
not affect his statutory or contractual claims for defects.

11) Applicable Law

11.1 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.

11.2 With regard to the statutory right of cancellation, this choice of law does not
apply to consumers who do not belong to a member state of the European Union at the time of the
conclusion of the contract and whose sole place of residence and delivery address are outside the
European Union at the time of the conclusion of the contract.

11.3 Furthermore, this choice of law regarding the right to cancel does not apply to
consumers, who are not nationals of a member state of the European Union at the time of concluding
the contract and whose exclusive domicile and delivery address is located outside of the European
Union at the time of concluding the contract.

12) Alternative dispute resolution

12.1 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.

12.2 The Seller is neither obliged nor prepared to attend a dispute settlement
procedure before an alternative dispute resolution entity.