TERMS AND CONDITIONS WITH CUSTOMER INFORMATION
1 - SCOPE
1.1 These general terms and conditions (hereinafter referred to as the "Terms") of ONEASME GmbH (hereinafter referred to as the "Licensor") apply to all contracts for the delivery of data not produced on a physical data medium, which are produced and provided in digital form (digital content), a consumer or entrepreneur (hereinafter referred to as "Licensee") enters into a licensing agreement with the licensor regarding the digital content displayed by the licensor in his online store. Hereby the inclusion of own conditions of the licensee is contradicted, unless otherwise agreed.
1.2 Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.
1.3 The object of the contract is the transfer of the digital content offered by the licensor to the licensee in electronic form, with the granting of specific rights of use regulated in these terms and conditions.
Furthermore, the subject of the contract may be both the purchase of digital content by means of a one-off delivery and the purchase of digital content by means of a permanent delivery (hereinafter referred to as "subscription contract"). In the case of a subscription agreement, the licensor undertakes to provide the licensee with the contractually owed content for the duration of the agreed contract period in the contractually due time intervals.
2 - CONCLUSION OF THE CONTRACT
2.1 The contents published in the licensor's online shop do not constitute binding offers by the licensor, but serve to make a binding offer by the licensee.
2.2 2 The licensee may submit the offer via the online order form integrated in the licensor's online shop. The licensee, after he has placed the selected content in the virtual shopping cart and has gone through the electronic ordering process, by clicking the finalizing the order process button a legally binding contract offer in relation to the contents contained in the shopping cart.
2.3 The licensor may accept the offer of the licensee within five days,
- by providing the licensee with a written order confirmation or an order confirmation in text form (fax or e-mail), in which case access to the order confirmation by the licensee is authoritative, or
- by providing the licensee with the ordered contents, in which case access to the licensee is authoritative, or
- by requesting the licensee to pay after submitting his order.
If more than one of the alternatives mentioned above, the contract comes into effect at the time when one of the aforementioned alternatives occurs first. If the licensor does not accept the offer of the licensee within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the licensee is no longer bound by his declaration of intention.
2.4 The period for accepting the offer shall commence on the day after the submission of the offer by the licensee and shall end on the expiry of the fifth day following the dispatch of the offer.
2.5 When submitting an offer via the licensor's online order form, the text of the contract is stored by the licensor and sent to the licensee in writing (eg e-mail, fax or letter) after submitting his order together with the present GTC. In addition, the text of the contract is archived on the licensor's website and can be downloaded free of charge by the licensee via his password-protected user account, stating the corresponding login data, provided the licensee has created a user account in the licensor's online shop before sending his order.
2.6 Prior to the binding submission of the order via the online order form, the licensee can continually correct his entries via the usual keyboard and mouse functions. In addition, all entries before the binding submission of the order are displayed again in a confirmation window and can also be corrected there using the usual keyboard and mouse functions.
2.7 The order processing and contact usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for processing the order is correct, so that the e-mails sent by the licensor can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the licensor or by third parties commissioned with the order processing can be delivered.
3 - RIGHT OF WITHDRAWAL
Consumers are in principle entitled to a right of withdrawal. Further information on the right of withdrawal results from the withdrawal instruction of the licensor.
4 - REMUNERATION
4.1 For the granting of rights to the respective contents, the licensor receives a Flat license fee, the amount of which results from the respective item description.
4.2 The prices stated by the licensor are total prices and include the statutory value added tax.
4.3 In the case of payments to countries outside the European Union, additional costs may be incurred in individual cases which the licensor is not responsible for and which are to be borne by the licensee. These include, for example, costs of transferring money by credit institutions (for example, transfer fees, exchange rate charges).
4.4 The Licensee has various payment options available that are specified in the licensor's online shop.
4.5 5 If advance payment has been agreed by bank transfer, the payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
4.6 If the payment method delivery on account is selected, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deductions, unless otherwise agreed. The license holder reserves the right to carry out a credit check on selection of the payment method delivery on account and to reject this method of payment in the event of a negative credit check.
4.8 For subscription contracts, the remuneration for the content to be delivered on a permanent basis is payable in advance for the respectively agreed delivery interval. The respective payment options for the subscription are communicated to the licensee in the licensor's online shop. When selecting the SEPA direct debit payment method and issuing a corresponding SEPA direct debit mandate, amounts due will be withdrawn from the bank account of the licensee at the beginning of the new delivery interval. If the direct debit is not redeemed due to a lack of sufficient account funds or due to an incorrect bank account or if the licensee objects to the debit although he is not entitled to do so, the licensee shall bear the fees incurred by the chargeback of the respective bank if he is responsible for this , The licensor reserves the right to carry out a credit check when selecting the payment method direct debit and to reject this method of payment if the credit check is negative.
5 - TRANSFER OF CONTENT
5.1 The transfer of the contents takes place exclusively in electronic form by e-mail or by download from the licensor's website.
5.2 In the case of subscription contracts, the licensee must inform the licensor immediately of any changes to his e-mail address.
6 - GRANT OF RIGHTS OF USE
6.1 Unless the content description in the licensor's online shop reveals otherwise, the licensor grants the licensee the non-exclusive, locally and temporally unlimited right to use the provided content for private as well as business purposes.
6.2 The transfer of the content to third parties or the production of copies for third parties outside the scope of these terms and conditions is not permitted, unless the licensor has consented to a transfer of the contractual license to the third party.
6.3 3 The granting of rights becomes effective only if the licensee has fully paid the contractually owed remuneration. The licensor can also provisionally allow use of the content of the contract even before this time. A transfer of rights does not take place through such provisional permission.
7 - CONTRACT DURATION AND CONTRACT TERMINATION FOR SUBSCRIPTION CONTRACTS
7.1 Subscription Contracts are concluded for an indefinite period and may be terminated by licensees are terminated at any time without observing a notice period.
7.2 The right to terminate for good cause remains unaffected.
7.3 Terminations must be made in writing or in text form (eg by e-mail).
8 - LIABILITY FOR DEFECTS
The statutory liability for defects applies.
9 - APPLICABLE LAW
For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
10 - Jurisdiction
If the licensee acts as a merchant, legal entity under public law or special fund under public law domiciled in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the licensor. If the licensee is located outside the territory of the Federal Republic of Germany, the licensor's place of jurisdiction shall be the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the licensee's professional or commercial activity. However, in the above cases, the licensor is in any case entitled to call the court at the registered office of the licensee.
11 - Alternative dispute resolution
11.1 The EU Commission is providing a platform on the Internet at the following link
Online dispute resolution ready: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
11.2 Seller is neither obligated nor willing to participate in a dispute settlement procedure before a consumer dispute resolution body.