1. SCOPE
1.1 These General Terms and Conditions (hereinafter "GTC") of icigai1 GmbH (hereinafter "Seller") apply to all contracts that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller with regard to the goods and licenses presented by the Seller on the web shop or in the apps (hereinafter "Web Shop"). The inclusion of the Customer's own terms and conditions is hereby contradicted, unless otherwise agreed .
1.2 A consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot be attributed predominantly to their commercial or independent professional activity. An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional or association-related activity.
2. CONCLUSION OF CONTRACT
2.1 The product/license descriptions of the seller presented in the web shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the shopping cart system integrated in the web shop.
2.2.1 When placing an order via the shopping cart system, the customer submits a legally binding contract offer in relation to the goods, services and licenses contained in the shopping cart by clicking the "Order now" button in the final step of the ordering process. The customer must complete the following technical steps:
2.2.2 The customer first places the license/product in the virtual shopping cart by clicking on the "Add to shopping cart" button and then clicks on the "Proceed to checkout" button. In the next step, the customer must log in to their web shop customer account by entering their email address and password or set up one for the first time - if they have not already logged in. In the next step, the customer must click on the "Buy now" button to complete the order.
2.3 Immediately after sending his order, the customer will receive a confirmation email from Webshop stating that the seller has received the offer. The seller can accept the customer's offer within five days by sending the customer a written order confirmation or an order confirmation in text form (fax or email) or having Webshop send it, whereby the receipt of the order confirmation by the customer is decisive, or by delivering the ordered goods to the customer or having Webshop deliver them, whereby the receipt of the goods by the customer is decisive, or by requesting payment from the customer after placing his order or having Webshop request payment, or if payment by direct debit is offered and the customer opts for this payment method, by collecting the total price from the customer's bank account or having Webshop collect it, whereby the time at which the customer's account is debited is decisive.
If several of the aforementioned alternatives exist, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 The contract text is saved by the seller and sent to the customer after conclusion of the contract together with these general terms and conditions and customer information in text form (e.g. email, fax or letter). In addition, the contract text is archived in the web shop and can be accessed free of charge by the customer via his password-protected customer account in the web shop.
2.5 When ordering via the shopping cart system in the web shop, the customer can identify possible input errors before bindingly submitting the order by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors can be the browser's zoom function, which helps to enlarge the display on the screen. The customer can continuously correct his entries before bindingly submitting the order as part of the electronic ordering process using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before bindingly submitting the order and can also be corrected there using the usual keyboard and mouse functions.
2.6 Only the German language is available for the conclusion of the contract.
2.7 Order processing and contact are carried out via email and automated order processing. The customer must ensure that the email address provided by him in his field account (companies) or his personal account (private individuals) is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller can be delivered.
3. RIGHT OF WITHDRAWAL
In principle, only private consumers have a right of withdrawal. Companies have no right of withdrawal or return (link to cancellation policy )
4. PRICES AND PAYMENT TERMS
4.1 The prices stated by the seller are net prices and do not include statutory sales tax. Any additional delivery and shipping costs are stated separately in the respective product description.
For end customers (natural persons), the prices are shown as gross prices.
4.2 Payment is processed via
- the bank of the webshop or
- the payment service provider PayPal (Europe) S.à rl . et Cie , SCA, 22-24 Boulevard Royal, L-2449 Luxembourg or
- The license processing is carried out via the service provider " stripe " (Stripe Payments Europe, Limited (SPEL) 1 Grand Canal Street Lower Grand Canal Dock Dublin D02 H210 Ireland)
4.3 When making electronic payments, strong customer authentication is used to ensure the security of transactions. This is provided by the payment processing provider and the web shop enables the intended secure forwarding.
4.4 The data required for payment will be collected by the seller to the extent that it is necessary to execute the payment. In the case of electronic payments via the payment providers, the payment data is collected and stored there. The type of data depends on the requirements of the payment providers.
4.5 Refunds will be made using the same method used to pay.
5. DELIVERY AND SHIPPING CONDITIONS
5.1 Licenses are delivered by the seller. After transmission and approval by the seller, the licenses are available in the app.
5.2 The goods will be delivered to the delivery address provided by the customer, unless otherwise agreed . When processing the transaction, the delivery address provided by the customer to the webshop is decisive.
5.3 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs of the unsuccessful shipment. This shall not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstances that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had announced the service to him a reasonable time in advance.
6. RETENTION OF TITLE
If the seller makes advance payments, he retains title to the delivered goods until the purchase price owed has been paid in full.
7. LIABILITY FOR DEFECTS (WARRANTY)
7.1 If the purchased item is defective, the statutory liability for defects provisions apply. The following provisions do not restrict the customer's statutory rights.
7.2 The customer is requested to immediately complain about obvious transport damage to the deliverer and to inform the seller of this. Failure to make this complaint or contact the seller will, however, have no consequences for the customer's legal or contractual claims for defects.
7.3 The limitation period for claims for defects is two years from delivery of the goods. For used goods, the limitation period is one year from delivery of the goods.
7.4 In principle, only the seller's product description is deemed to be agreed as the quality of the goods. Public statements, recommendations or advertising by the manufacturer do not constitute a contractual description of the quality of the goods.
7.5 If the delivered goods are defective, the customer can initially demand subsequent performance (at his discretion: remedy of the defect or delivery of a defect-free item). However, the seller can refuse the type of subsequent performance chosen by the buyer if it is only possible at disproportionate costs.
7.6 If the subsequent performance fails, the customer can, at his discretion, reduce the purchase price (reduction), withdraw from the contract (rescission) or demand compensation. However, in the case of only minor defects, the customer has no right of withdrawal.
7.7 No warranty shall apply for damage caused by improper handling, unauthorized modifications or improper repairs by the customer or third parties.
7.8 The customer does not receive any guarantees in the legal sense from the seller. Manufacturer guarantees remain unaffected by this.
8. LICENSES
8.1 Use of licenses
When using the webshop, the customer undertakes to observe the applicable legal regulations. This concerns, for example, the protection of the personal rights of other users or the copyright of photos.
The seller does not guarantee or warrant for information in the webshop, for the contents of other fields or its own field members or for a specific availability or functionality of the webshop that goes beyond the license agreement. The availability of the webshop is guaranteed by the seller and its terms and conditions .
The seller does not control the content of players and fields stored on the webshop in licensed fields. However, we reserve the right to report this (e.g. to the police) or to block or delete this content at any time, especially if the seller becomes aware of a legal violation in a content.
The Customer may not use the License for any other business purposes beyond the License Agreement without the prior consent of the Seller.
The customer remains the owner of the content. If there is a protective right to the content (e.g. copyright to a photo or text), the customer grants the seller the right to use the content for display in the web shop. This right of use is non-exclusive and unlimited in time and space.
Only the seller retains or acquires exclusive and unrestricted rights to the structure and functionalities of the web shop, as well as their names and databases, in the event of further development.
The seller is liable for damages resulting from the use of the website only in certain legally permissible cases.
8.2 Customer account
The license is concluded by the seller’s confirmation of the customer’s license agreement.
When registering, the customer must provide truthful, current and complete information. Your data, especially the legal entity, address, tax number and details of the invoice recipient, must always be kept up to date by the customer in the seller's member account.
The license is valid per customer account and the access data may only be used by the customer. The customer must keep the access data for his user account secret. Please inform us immediately if any misuse is discovered.
The Seller's customer account can only be used by persons who have been created as administrators of a group with legal capacity; direct registration for a Seller's customer account as an individual is generally not possible.
The person who purchases a license from the seller is the contact person for the seller on the customer side. This information must be stored in the customer account.
9. Adaptation / amendment of the General Terms and Conditions
With the consent of the customer or if the customer's consent is deemed to have been given in accordance with the following provisions, the seller may adapt the terms of use agreed with the customer (e.g. when introducing new functions).
If the seller wishes to change the terms of use, the seller will inform the customer of this in text form (e.g. by email) at least six weeks before the proposed effective date. If the customer does not object within six weeks of receiving this notification in text form, consent to the change is deemed to have been given and the changes will take effect at the announced time. The seller will specifically draw the customer's attention to this consequence in the notification of the change.
10. APPLICABLE LAW
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international sale of movable goods. For consumers, this choice of law shall only apply 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 or her habitual residence.
Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.
11. PLACE OF JURISDICTION
If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is in any case entitled to take legal action before the court at the customer's place of business.
12. ALTERNATIVE DISPUTE RESOLUTION
12.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link:
//ec.europa.eu/consumers/odr This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.
12.2 The Seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
Status of the General Terms and Conditions 25.07.2024