Table of Contents
- Scope of Application
- Conclusion of the Contract
- Right to Cancel
- Prices and Payment Conditions
- Shipment and Delivery Conditions
- Product Licence
- Granting Rights of Use for Digital Content
- Reservation of Proprietary Rights
- Applicable Law
- Alternative dispute resolution
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
1.1These 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.
1.2These GTC apply accordingly to the supply of digital content, unless expressly agreed otherwise. Digital content within the meaning of these GTC is data that is created and provided in digital form.
1.3These GTC apply accordingly to contracts for the provision of license keys, unless otherwise agreed. In this respect, the Seller owes the provision of a license key for the use of the digital content or digital services described by him (hereinafter “digital products”) as well as the granting of the contractually agreed rights to use the respective digital products. The Client does not acquire any intellectual property rights to the digital product. The respective product description of the Seller is decisive for the quality of the digital product.
1.4A 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.
1.5A trader pursuant to these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
1.6The subject matter of the contract may be – depending on the Seller’s contents description – both the one-time provision of digital content and the regular provision of digital content (hereinafter “subscription contract”). In case of the subscription contract, the Seller undertakes to provide the Client with the contractually owed digital content for the duration of the agreed contract term at the contractually agreed time intervals.
2) Conclusion of the Contract
2.1The 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.
2.2The 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.
2.3The 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.
2.5When 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.
2.6Prior 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.
2.7The English language is exclusively available for the conclusion of the contract.
2.8Order 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
3.1Consumers are entitled to the right to cancel.
3.2Detailed information about the right to cancel are provided in the Seller’s instruction on cancellation.
3.3The 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
4.1Unless 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
4.2Payment can be made using one of the methods mentioned in the Seller’s online shop.
4.3In 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.
4.4Credit card payment 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, Ireland (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
5.1If the Seller offers to ship the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Client unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller’s order processing shall be decisive.
5.2Should 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.
5.3Personal collection is not possible for logistical reasons.
5.4Digital content will be provided to the Client exclusively in electronic form as follows:
– via download
5.5Licence keys will be provided to the Client as follows:
- by e-mail
- via display on the screen
5.6The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods he shall inform the Client and grant him immediately counterperformance.
6) Granting Rights of Use for Licence Keys
6.1The 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.
6.2The granting of rights shall become effective only when the Client has fully paid the owed remuneration.
6.3 The license key is valid for one year. After that period it needs to be renewed to get further updates.
7) Granting Rights of Use for Digital Content
7.1 All WordPress plugins provided through this website are licensed under the GPLv3 License.
8) 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.
9.1Unless 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:
9.2If 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.
9.3The 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.
9.4Furthermore, for traders, the statutory limitation periods for any statutory right of recourse that may exist shall remain unaffected.
9.5If 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.
9.6If 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.
9.7The 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.
10) Applicable Law
10.1The 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.
10.2With 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) Alternative dispute resolution
11.1The 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.
11.2The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.
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.