General terms and conditions with customer information

1. Scope

1.1 These General Terms and Conditions (hereinafter “Terms and Conditions”) of icigai1 GmbH (hereinafter “Seller”) apply to all contracts that a consumer or entrepreneur (hereinafter “Customer”) enters into with the seller regarding the information provided by the seller on the web shop concludes the goods and licenses presented. The inclusion of the customer’s own
terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to either their commercial or independent professional activity. An entrepreneur within the meaning of these General 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 seller’s product/license descriptions presented in the web shop do not represent binding offers
    on the part of the seller, but rather serve to make 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 ordering via the shopping cart system, the customer submits a legally binding contractual offer with regard 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 go through the
    following technical steps:

    2.2.2 The customer first places the license/goods in the virtual shopping cart by clicking 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 his webshop customer account or set one up for the first time by providing his email address and password – if not already registered. In the following step, the customer must click on the “Buy now” button to complete the order.

    2.3 Immediately after sending his order, the customer receives a confirmation email from Webshop indicating 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 e-mail) or having it sent via the web shop, whereby the receipt of the order confirmation by the customer is decisive, or by delivering the ordered goods to the customer or having them delivered through the webshop, whereby the receipt of the goods by the customer is decisive, or by asking the customer to pay after placing his order or having the customer requested to pay by the webshop, or if Payment by direct debit is offered and the customer chooses this payment method by debiting the total price from the customer’s bank account or by collecting it through the web shop the time at which the customer’s account is debited is decisive.

    If several of the aforementioned alternatives are present, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the forementioned period, this is deemed to be a rejection of the offer with the result 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 in text form (e.g. e-mail, fax or letter) after the contract has been concluded, along with these general terms and conditions and customer information. In addition, the contract text is archived in the webshop and can be accessed free of charge by the customer via their password-protected customer account in the webshop.

    2.5 When ordering via the shopping cart system in the web shop, the customer can identify possible input errors before the order is bindingly submitted by carefully reading the information displayed on the screen. An effective technical means of better detecting input errors can be the browser’s magnification function, which enlarges the display on the screen. The customer can continuously correct his entries using the usual keyboard and mouse functions before the order is bindingly submitted as part of the electronic ordering process. In addition, all entries are displayed again in a confirmation window before the order is bindingly submitted and can also be corrected there using the usual keyboard and mouse functions.

    2.6 Only the German language is available for concluding the contract.

    2.7 Order processing and contact take place via email and automated order processing. The customer must ensure that the email address they provide in their group account 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. Commercial customers have no right of withdrawal or return.

    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 that may arise will be stated separately in the respective product description.

    4.2 Payment is processed via the web shop’s bank or the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg.

    5. Delivery and Shipping Conditions

    5.1 Licenses are delivered by transmitting the license information to XGE1 UG as the operator of App 1. After transmission and approval by XGE1, the licenses are available in App 1.

    5.2 Goods are delivered by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address provided by the customer in 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 will bear the costs for the unsuccessful shipping. This does not apply if the customer effectively exercises his right of withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller informs him the service had been announced a reasonable time in advance.

    6. Retention of Title

    If the seller makes advance payments, he reserves ownership of 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 provisions of statutory liability for defects apply.

    7.2 The customer is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller of this. If the customer does not comply with this, this will have no impact on his legal or contractual claims for defects.

    8. Licenses

    8.1 Use licenses

    When using 1, 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 assumes no guarantee or warranty for information on 1, for content of other groups or its own group players or for a specific availability or functionality of 1 that goes beyond the license agreement. The availability of 1 is guaranteed by XGE1 UG according to its terms and conditions and is not the responsibility of the seller to intervene.

    The seller does not check the saved content of players and groups in advance. However, we reserve the right to report this to XGE1 UG, which can block or delete this content at any time, especially if the seller becomes aware of a legal violation in any content.

    The customer may not use the license for 1 for any further business purposes that go beyond the license agreement without the prior consent of the seller.

    The customer remains the owner of the content. If there is a property right to the content (e.g. a copyright on a photo or text), the customer grants the seller the right to use the content to represent the group in 1. This right of use is non-exclusive and unlimited in time and space.

    Only the seller retains or acquires the exclusive and unrestricted rights to the structure and functionalities of 1 as well as their names and the databases of 1 in the event of further development.

    8.2 Customer account

    The license comes about through the seller’s confirmation of the customer 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 be used. The customer must keep the access data to his user account secret. Please inform us immediately if any misuse is discovered.

    The use of the seller’s customer account is only possible for people who have been created as administrators of a legal group in 1; an immediate registration for a The 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. Adjustment/Change of The Terms and Conditions

    With the consent of the customer or if the consent of the customer is deemed to have been given in accordance with the following provisions, the seller may adjust 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 so-called text form (e.g. by email) at least six weeks before the proposed effective date. If the customer does not object in text form within six weeks of receipt of this notification, your consent to the change is deemed to have been given and the changes will take effect at the announced time. The seller specifically points this out to the customer in the change notification.

    10. Applicable Law

    The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

    If individual provisions of these General Terms and Conditions are or become ineffective in whole or in part, this will not affect the effectiveness 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 based in 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 appeal to the court at the customer’s registered office.

    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 purchase or service contracts in which a consumer is involved.

    12.2 The seller is neither obliged nor willing to take part in a dispute resolution procedure before a consumer arbitration board.