General Terms & Conditions, Software Licence and Right Of Withdrawal
Nonbinding Translation of the Binding German Terms & Conditions
Revised: February 7, 2017
1. Definitions, Scope of Application
1.1 The following General Terms & Conditions of Business (“T&C”) apply for use of the Online Shop at “shop.stehle-internet.de” (“Online Shop”). They also apply to contracts concluded during use of the Online Shop, and to services which are provided in the context by Martin Stehle, Kladower Damm 306c, 14089 Berlin, Deutschland; tel.: +49 (0) 30 – 44051432; email: firstname.lastname@example.org; VAT number: DE179232538; registered place of business: Berlin (“Martin Stehle”).
1.2 In the following T&C, the term “Customer” refers both to users of the Online Shop and of the Online-Shop’s Support Forum, and to buyers of digital products at the Online Shop.
1.3 Any divergent terms of business specified by the Customer shall not apply. Any acknowledgement from the Customer drawing attention to its own terms of business are expressly refuted. The Customer’s terms of business shall not be incorporated in any agreements, unless expressly confirmed by Martin Stehle in writing. Only the German language version of these terms is mandatory.
2. Martin Stehle’s Performance
2.1 Through its Online Shop, Martin Stehle has a range of plugins, themes and other add-ons for sale (jointly referred to hereinafter as “Digital Products”) for the “WordPress” blog system. The specific items on offer and the respective prices can be gathered from the relevant information provided at the Online Shop. Further details can be obtained from the Online Shop.
2.2 Following purchase, Digital Products can be downloaded and stored by the Customer in ZIP format. The Customer is responsible for ensuring that its systems fulfil the requirements for downloading and unzipping the ZIP file.
2.3 On purchasing a Digital Product, Martin Stehle does not need to obtain updates and support services for the respective Digital Product. The particulars for obtaining updates are detailed at the Online Shop.
2.4 For Martin Stehle’s digital products on offer, the term and permitted number of copies are unlimited. For some products separate terms apply as specified in the respective product details in the Online Shop.
2.5 The Customer gets free upgrades for digital products with so-called License Key – also: activation key – for 365 days from the date of the purchase.
3. Technical Requirements for Using Digital Products
3.1 In order to be able to use and store the Digital Products, the Customer needs ordinary Internet access and must have the “Wordpress” software.
3.2 The Customer has to ensure that the “Wordpress” software is properly installed on a hosting server and must be able to access the system at any time, e.g. via FTP or comparable. This is prerequisite for being able to use the Digital Products. Providing “Wordpress”, installing and deinstalling the programme, and operating and hosting the software are not included in the services owed by Martin Stehle.
3.3 Unless otherwise specified, the latest version of the “Wordpress” software is required for using the Digital Products. The Customer is responsible for ensuring that this requirement is met.
4. Using the Online Shop and the Dashboard
4.2 Making purchases is generally contingent upon the Customer being of age and having full legal capacity.
4.3 The data required during registration must be given correctly. In the event of any changes, the Customer is under obligation to also update its data in the Online Shop without delay.
4.4 When the Customer fills in and sends off an order form, this constitutes an offer by the Customer to conclude an agreement on accessing and using the Online Shop. Martin Stehle accepts this offer by sending the Customer login credentials for the Online Shop, thus bringing about an agreement on use of the Online Shop. With these login credentials, the Customer can log in to the Online Shop, where it can also access its personal user account including the Dashboard (Item 4.1).
4.5 Martin Stehle has the right to reject single registrations without giving reasons.
4.6 Informational pages are accessible for everybody at every time basically. No registration is necessary for accessing them.
4.7 To be able to write in the supoort forum the Customer has to registrate and login with his e-mail address, a user name and a password. See more information in chapter “14. Rules on Using the Support Forum”.
5. Login Credentials
5.1 The login credentials (user name and password) are for exclusive use by the Customer in person. The Customer may not pass the credentials on to third parties or otherwise disclose it. If the Customer becomes aware or even only suspects that its credentials are being misused, it must report this to Martin Stehle without delay. If it is responsible for misuse of its login credentials, the Customer shall be liable for all and any consequences of third-party use. This may also mean that payment has to be made for orders that have been placed without authorisation. The Customer’s liability shall only lapse once it has informed Martin Stehle about the unauthorised usage or the loss of its login credentials and has changed them if necessary.
5.2 In the event of any breach of these T&C, in particular
- if wrong information is provided on registration, and/or
- if the login credentials – in particular the password – are disclosed without permission,
Martin Stehle shall be entitled to temporarily or permanently block the Customer’s account, and/or definitively refuse the Customer access with immediate effect, and/or terminate the agreement on use without notice. After any such instance, the Customer may not re-register to use the Online Shop without express prior consent from Martin Stehle.
6. Purchasing Digital Products
6.1 The Customer can order Digital Products by clicking on the shopping cart button for the respective item and completing the subsequent order process. At the end of the order process, the Customer can re-check the order details and correct any errors, before making an offer to conclude a purchase contract (see Item 6.2 sentence 1). Martin Stehle saves the purchase contract in conformance to german laws.
6.2 When the Customer clicks on the button marked “Purchase”, it makes an offer to conclude a purchase contract. Martin Stehle accepts this offer by sending confirmation of order by email; this brings about the contract. However, Martin Stehle is under no obligation to accept the Customer’s offer to conclude a contract. Mere confirmation from Martin Stehle that an order has been received does not constitute a binding confirmation of that order.
6.3 The languages currently available for contract closure are German and English.
7. Delivery of Digital Products
7.1 The Digital Products are delivered in a ZIP file.
7.2 Together with its acceptance of the offer to conclude a contract, Martin Stehle therefore sends the Customer a link in the confirmation of order, enabling the Customer to download the respective file. The Customer can re-use this link any number of times whenever it is logged in to the Online Shop.
8. Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (Martin Stehle, Kladower Damm 306c, 14089 Berlin, Deutschland, Phone: +49 (0) 30 440 514 32, Email: email@example.com) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, Martin Stehle shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which Martin Stehle is informed about your decision to withdraw from this contract. Martin StehleMartin Stehle will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
Model withdrawal form
To Martin Stehle, Kladower Damm 306c, 14089 Berlin, Germany, Phone: +49 (0) 30 440 514 32, Email: firstname.lastname@example.org:
I/We (1) hereby give notice that I/We (1) withdraw from my/our (1) contract of sale of the following goods (1)/for the provision of the following service (1),
Ordered on (1)/received on (1),
Name of consumer(s),
Address of consumer(s),
Signature of consumer(s) (only if this form is notified on paper),
(1) Delete as appropriate.
9.1 On purchasing the Digital Product, the Customer simultaneously acquires the right to use it for an unlimited time, unlimited repeats and install it on as many servers as desired. The unlimited right does not include the purchased license. The license is valid only for WordPress site where the license key was saved and activated. The license activates the feature to get automatic notices in the WordPress backend about upgrades of the Digital Product. The purchased license is valid only for the by the Customer during purchase selected number of sites. A “WordPress site” is an instance of an WordPress installation without the possible sub sites. Each sub site is counted as a single site, except the license which includes the function to get automatic notices in the WordPress site backend about upgrades of the Digital Product. The purchased license key is valid only for the Customer’s selected number of WordPress sites.
9.2 The Customer acquires the right to change the Digital Product. Changed Digital Products are excluded from any guarantee, warranty and liability from the beginning of the changes on.
9.3 The Customer must not give away and sell the Digital Product to third parties without agreement of the Digital Product author. There is only one exception: The Customer is allowed to use and bring into account the Digital Product in the context of third parties orders.
9.4 On purchasing the Digital Product, the Customer does acquire the right on complimentary future upgrades of and complimentary support for the Digital Product. Exempted from it are any loss or damage to the Customer which is caused with intent or by gross negligence of the Digital Product. More see section 12.
9.5 There is no liability for any special, incidental, indirect, or consequential damages arising out of the use or inability to use the products. More see section 12.
10. Prices, Terms of Payment
10.1 The price for each item on sale is shown in the presentation of the respective item.
10.2 All the prices quoted at the Online Shop include value added tax depending on the location the Customer is located during the website visit. The Customer can change the location of the billing address. The value added tax of the region given by the Customer affects the value added tax rate and tax amount.
10.3 Unless otherwise agreed, payment for purchasing a Digital Product has to be made in advance and falls due immediately after the order has been placed.
10.4 Martin Stehle may offer various means of payment (e.g. credit card, PayPal), but without being under any obligation to do so. Martin Stehle is entitled to avail itself of third-party services for the purpose of handling payments and collecting receivables. For payments handled via payment system providers (e.g. PayPal), the terms of business and conditions of use laid down by the respective payment system provider apply; moreover, the Customer may need to have a user account with the provider.
10.5 For the service ordered, the Customer receives an invoice which is sent as a PDF file to the email address the Customer has specified. In addition, the Customer can at any time view and download its invoices whilst logged in to the Online Shop.
10.6 If the Customer fails to honour its payment obligations or reverses payments made, or if a chargeback is effected for any amounts already paid, Martin Stehle – at the same time reserving further rights – shall be entitled to block the Customer’s access to the Online Shop. If this is done owing to outstanding receivables and if the Customer balances such receivables, access to the Online Shop shall be re-activated.
10.7 Reservation of proprietary rights: The Digital Product is property of Martin Stehle until the payment is fullfilled. After the fullfilled payment the Digital Product will become the property of the client.
When you buy Digital Products at Martin Stehle’s Online Shop, you conclude a purchase contract with me. You are therefore entitled to the statutory guarantee rights laid down in German Civil Code § 437.
12.1 Martin Stehle shall be liable in accordance with statutory regulations for any loss or damage to the Customer which is caused with intent or by gross negligence; ensues from lack of a warranted characteristic in the object of performance; arises from a culpable breach of cardinal duty; or results from mortal injury, physical harm or health damage if due to Martin Stehle’s fault. Martin Stehle shall also be liable in accordance with the German Product Liability Act (“Produkthaftungsgesetz”).
12.2 Cardinal duties shall mean those contractual obligations which have to be fulfilled in order for the agreement to be executed in the first place; which the contractual partner may rely on being performed as a matter of course; and which if breached by the other party may jeopardise the very purpose of the contract.
12.3 If a cardinal duty is breached, liability – provided the damage is merely caused by slight negligence, and does not involve mortal injury, physical harm or health damage – shall be limited to those losses which are typical and foreseeable and must therefore be anticipated in connection with the provision of services such as those under the contractual agreement.
12.4 In all other respects, Martin Stehle’s liability – for whatsoever legal cause – shall be excluded. In no event shall Martin Stehle or his suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use his products, even if he has been advised of the possibility of such damages.
12.5 If the damage suffered by the Customer is due to loss of data, Martin Stehle shall not be held liable insofar as the damage would have been avoided, had the Customer made a full backup of all the valuable data at appropriate regular intervals.
12.6 The Customer shall be personally responsible for lawful use of the Digital Products it purchases. In particular, the Customer must ensure compliance during use of the Digital Products with any obligations to furnish information and with all other statutory regulations.
13. Closure of the Online Shop Account
13.1 Both parties can terminate the agreement on using the Online Shop by giving notice at any time. The Customer can give notice whilst logged in to the Online Shop by clicking on the link provided for the purpose on the Dashboard. The Customer can also terminate the agreement on use by giving notice by email or in a written letter sent by post; the contact details are provided on the Online Shop website for reference at any time. During the term of an update and support period to which the Customer has subscribed, Martin Stehle may only terminate the agreement on using the Online Shop by giving routine notice effective as from the end of such term.
13.2 Following termination of the agreement on use, the Customer no longer has any access to the Online Shop; thus it can no longer access Digital Products which have been ordered but not yet downloaded. The Customer also loses any further entitlement to update and support services from Martin Stehle.
13.3 Both parties reserve the right to extraordinarily terminate the agreement on use for important cause in accordance with statutory regulations.
14. Rules on Using the Support Forum
14.1 Basically every visitor of the Online-Shop is allowed to use the Support Forum, write posts in the Forum and read others posts (cf. Item 2.3). Subject to any separate agreements, the following provisions apply to use of the Support Forum:
14.2 The Forum User is bound not to breach applicable statutory regulations. In particular, any content published by the Forum User in the Online-Shop’s Support Forum must not infringe any third-party rights (e.g. rights pertaining to copyrights, patents, trademarks and utility models, but also droit moral). The Forum User must comply with provisions laid down in penal law, in legislation on the protection of young people, and in competition law. Moreover, no content which contains advertising may be published in the Forum or sent to other forum users.
14.3 The Forum User is also under obligation to refrain from harassing other forum users; in particular stalking, i.e. deliberately and repeatedly (persistently) pursuing or harassing other customers, is prohibited.
14.4 In order to protect its own data and that of other parties, the Forum User is under obligation to heed recognised principles of data safety and to comply with relevant data protection regulations.
14.5 The Forum User acknowledges that Martin Stehle does not check user content in advance and is under no obligation to do so. Nonetheless, in the event of any breach of these T&C or of statutory regulations, Martin Stehle shall be entitled to cease publishing the content posted by the Forum User and to alter, move or delete it.
14.6 The Forum User is under obligation to release and discharge Martin Stehle and his managerial agents and employees from any liability and compensate costs – including lawyer’s fees for defence purposes and litigation costs – if any action is brought against Martin Stehle or his managerial agents or employees due to a culpable violation by the Forum User of the provisions laid down in Items 11.2 – 11.5 above. In any such case, Martin Stehle shall inform the Forum User about the action brought without delay, and to every possible and reasonable extent it shall give the customer an opportunity to ward off the claim being asserted. The Forum User shall be under obligation to furnish Martin Stehle with all the information at his disposal about the matter concerned without delay. Any claims to which Martin Stehle may be entitled beyond this shall remain unaffected.
14.7 Martin Stehle shall be entitled to extraordinarily terminate the agreement on use in the event of any violation of Items 11.2 – 11.5 above.
15. Text of the Contract
After an order has been placed, Martin Stehle sends the Customer an overview stating the product(s) it has ordered together with the respective item price and the total price, and enclosing these T&C. Apart from this, Martin Stehle does not store the text of the contract separately for each named customer. However, when logged in to the Online Shop, the Customer can call up the details of any orders it has placed.
16. Data Protection
17. Final Provisions
Place Of Jurisdiction
17.1 If the Customer is a merchant, a public corporation or an agency entrusted with managing public assets, Berlin shall be place of jurisdiction for any legal disputes ensuing either directly or indirectly from the contractual relationship between Martin Stehle and the Customer. In this same case, it is agreed that Berlin shall also be place of performance.
17.2 The same shall apply if subsequent to contract closure the Customer’s place of residence or normal place of abode is not on sovereign German territory, or if the Customer relocates to some place outside sovereign German territory. This shall also apply if the Customer’s place of residence or normal place of abode is not known at the time when action is brought.
17.3 German law shall apply exclusively, excluding CISG.
17.4 If any provision of these T&C is inoperative, this shall not affect the validity of the remaining provisions. The inoperative provision shall be substituted by the relevant regulations laid down by law.
Subject to change
17.5 During the contract period laws can change, new judgements can be adjudicated, the Digital Products changed or entrepeneurial descisions and therefore require to adjust the T&C. In addition insignificant changes of T&C can be made for a better understanding of the contract contents. In these cases Martin Stehle will change the T&C without informing the Customer.
17.6 Martin Stehle will inform the Customer about future changes in the T&C. The Customer can agree or decline the changes within 30 days since transmission of the information. In the case of decline the current T&C keep valid. Martin Stehle reserve the right to cancel the contract. In the case of no reaction of the Customer the new T&C take effect in place of the current T&C.
Online Dispute Resolution
17.7 The European Commission provides a platform for online dispute resolutions (ODR) which can be accessed at ec.europa.eu/consumers/odr/.
Martin Stehle is ready to participate in extra-judicial dispute settlement proceedings before a consumer dispute resolution body. The competent body in this matter is:
Allgemeine Verbraucherschlichtungsstelle des Zentrums für Schlichtung e.V.
77694 Kehl am Rhein