General Terms and Conditions (GTC)
§ 1 Scope and basis of contract
(1) The following terms and conditions of sale shall apply to the purchase contract concluded between you as a buyer and consumer within the meaning of § 13 BGB (German Civil Code) and me as the seller for services or the delivery of goods.
§ 2 Payment
Payment is made via PayPal or by prepayment. If a purchase “on account” has been agreed separately, the invoice shall be due for payment within 14 days of receipt of the invoice.
§ 3 Set-off; right of retention
You are only entitled to offset against my claims if your counterclaims have been legally established or I have acknowledged them. As a buyer, you may only exercise a right of retention if your counterclaim is based on the same purchase contract.
§ 4 Delay in delivery, partial deliveries
(1) If there is a delay in delivery due to an intentional or grossly negligent breach of duty for which I am responsible, I shall be liable in accordance with the statutory provisions; any fault on the part of my representatives or vicarious agents shall be attributed to me.
(2) If there is a delay in delivery which is based on a merely negligent breach of duty, my liability shall be limited to the foreseeable and typically occurring damage. However, if the breach of duty for which I am responsible relates to the breach of an essential contractual obligation or an obligation the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which you as the buyer may regularly rely, I shall be liable in accordance with the statutory provisions.
(3) I am entitled to make partial deliveries and render partial services at any time, provided that this is reasonable for you.
§ 5 Rights in case of defects
(1) Insofar as the delivered performance does not have the quality agreed between you and me or is not suitable for the use presupposed under our contract or for the use in general or does not have the properties which you could expect according to my public statements, I am obliged to subsequent performance. This does not apply if I am entitled to refuse subsequent performance on the basis of statutory regulations. You must grant me a reasonable period of time for subsequent performance.
§ 6 Other liability
(1) Insofar as nothing to the contrary arises from these GTC including the following provisions, I shall be liable in the event of a breach of contractual and non-contractual obligations in accordance with the relevant statutory provisions.
(2) I am liable for damages – irrespective of the legal grounds – in the event of intent and gross negligence. In the case of simple negligence I am only liable
a) for damages resulting from injury to life, body or health,
b) for damages resulting from the breach of an essential contractual obligation (obligation, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner regularly relies and may rely); in this case, however, my liability is limited to the compensation of the foreseeable, typically occurring damage.
(3) The consequences arising from para. 2 the limitations of liability arising from the above do not apply if I have fraudulently concealed a defect or have given a guarantee for the quality of the goods. The same applies to claims of the buyer under the Product Liability Act.
(4) You may only withdraw from or terminate the contract due to a breach of duty that does not consist of a defect if I am responsible for the breach of duty. A free right of termination of the buyer (in particular according to §§ 651, 649 BGB) is excluded. In all other respects, the statutory requirements and legal consequences shall apply.
§ 7 Retention of title
The delivered goods (reserved goods) remain my property until full payment of all claims arising from this contract.
§ 8 Copyright
As the client, you are solely liable if the execution of an order according to your specifications infringes the rights, in particular the copyrights, of third parties. The Client shall indemnify the Contractor against all claims of third parties due to such infringement of rights.
§ 9 Final provision, applicable law, severability clause
German law shall apply to my contract. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
Should individual provisions of these GTC be or become invalid in whole or in part, or should they contain a regulatory gap, the validity of the remaining provisions or parts of such provisions shall remain unaffect The invalid or missing provisions shall be replaced by the respective statutory provisions.
§ 10 Withdrawal policy
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you has accepted the digital service.
In order to exercise your right of withdrawal, you must inform me (DesignBewusst, Complaints / Returns, Oberhütten 31, 24358 Hütten, Mobile: +49 (0) 1573 14 705 61, Email: email@example.com) by means of a clear declaration (e.g. a letter sent by post or by email) of your decision to withdraw from this contract. You can use a model withdrawal form for this, but it is not mandatory.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.
Consequences of revocation
If you withdraw from this contract, I must return to you all payments that I have received from you immediately and at the latest within fourteen days of the day on which I received notification of your withdrawal from this contract. For this repayment, I will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. I can refuse repayment until I have received the digital services back or until you have provided evidence that you have not used the digital services, whichever is the earlier.
You must delete the Digital Services without undue delay and in any event no later than fourteen days from the day on which you notify me of the cancellation of this contract. The deadline is met if you delete the digital services before the end of the fourteen-day period.
You only have to pay for any loss of value of the digital services if this loss of value is due to handling the digital services in a way that is not necessary for checking the condition, properties and functioning of the digital services.
End of the cancellation policy