Terms of service

Table of Contents

1.Scope of Application

2.Conclusion of Contract

3.Right of Withdrawal

4.Prices and Payment Terms

5.Delivery and Shipping Conditions

6.Granting of Usage Rights for License Keys

7.Retention of Title

8.Liability for Defects (Warranty)

9.Liability

10.Applicable Law

11.Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter “GTC”) of Jona Noel Klass (hereinafter “Seller”) apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller regarding the goods presented in the Seller’s online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 For contracts regarding the provision of license keys, these GTC apply accordingly, unless otherwise regulated. In this context, the Seller owes the provision of a license key for the use of the digital content or digital services described by the Seller (hereinafter “digital products”) as well as the granting of the contractually agreed rights to use the respective digital products. The Customer does not acquire any intellectual property rights to the digital product. The respective product description of the Seller is decisive for the characteristics of the digital product.

1.3 A consumer within the meaning of these GTC is any natural person who, for purposes that predominantly are not related to their commercial or self-employed professional activity, enters into a legal transaction.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in exercise of their commercial or self-employed professional activity.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller, but serve for the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and passing through the electronic ordering process, the Customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that concludes the order process.

2.3 The Seller may 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), whereby the receipt of the order confirmation by the Customer is decisive, or
delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive, or
requesting payment from the Customer after submission of the order.

If several of the aforementioned alternatives occur, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the submission of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing takes place via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (“PayPal”) under the PayPal Terms of Use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or – if the Customer does not have a PayPal account – under the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer chooses a PayPal payment method available during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the moment the Customer clicks the button concluding the order process.

2.5 When submitting an offer via the Seller’s online order form, the contract text is stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the order has been submitted. No further access to the contract text is provided by the Seller.

2.6 Before bindingly submitting the order via the Seller’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. A useful technical tool to detect input errors may be the browser’s zoom function, which enlarges the display on the screen. The Customer can correct their entries via the usual keyboard and mouse functions until they click the button concluding the order.

2.7 The German language is available for the conclusion of the contract.

2.8 Order processing and contact generally take place by e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is correct so that e-mails sent by the Seller can be received. In particular, the Customer must ensure, when using SPAM filters, that all e-mails sent by the Seller or third parties engaged by the Seller can be delivered.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Detailed information regarding the right of withdrawal can be found in the Seller’s withdrawal policy.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices including statutory VAT. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 The available payment methods are communicated to the Customer in the Seller’s online shop.

4.3 If a payment method via PayPal is selected, payment processing occurs via PayPal. PayPal may use third-party payment service providers. If the Seller also offers payment methods via PayPal under which the Seller advances payment (e.g. invoice or installment purchase), the Seller assigns its payment claim to PayPal or the third-party payment service provider named to the Customer. Before acceptance of the assignment declaration, PayPal (or the payment service provider) will perform a credit check using the transmitted Customer data. The Seller reserves the right to refuse the selected payment method in case of a negative result. If the payment method is approved, the Customer must pay the invoice amount within the agreed payment period. The Customer can only make debt-releasing payments to PayPal (or the designated provider). The Seller remains responsible for general customer inquiries, e.g. delivery, returns, complaints, withdrawals, credits.

4.4 When choosing “Sofortüberweisung” (instant bank transfer), payment is processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (“Klarna”). To pay, the Customer must have online banking enabled, authenticate and confirm payment. The transaction is executed immediately by Klarna. More information: https://www.klarna.com/sofort/

4.5 When choosing a payment method offered via “Shopify Payments,” payment processing occurs via Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (“Stripe”). Stripe may use third-party services; the Customer may be notified separately of any special terms. More info: https://www.shopify.com/legal/terms-payments-de

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping, delivery occurs to the address provided by the Customer within the stated delivery area. In case of PayPal payment, the delivery address stored with PayPal is decisive.

5.2 If delivery fails due to Customer fault, the Customer shall bear the resulting reasonable costs. This does not apply to outbound shipping costs when the Customer lawfully exercises the right of withdrawal. Return shipping costs follow the rules in the withdrawal policy.

5.3 Entrepreneurs bear the risk of accidental loss or deterioration once the goods are handed to the carrier. Consumers bear the risk only upon receipt, unless they commissioned the carrier and the Seller did not name this carrier.

5.4 The Seller reserves the right to withdraw from the contract if goods are not supplied correctly or on time by suppliers, provided the Seller is not at fault and has made reasonable efforts. The Customer will be informed and refunded immediately.

5.5 Self-collection is not possible for logistical reasons.

5.6 License keys are provided by e-mail.

6) Granting of Usage Rights for License Keys

6.1 The provided license key entitles the Customer to use the digital product described in the Seller’s product description in the specified scope.

6.2 If the license key relates to a one-time provision of digital content, the right is granted only after full payment.

7) Retention of Title

If the Seller delivers in advance, ownership remains with the Seller until full payment is made.

8) Liability for Defects (Warranty)

Unless otherwise stated below, statutory defect liability applies. For contracts for the delivery of goods:

8.1 If the Customer is an entrepreneur:

the Seller may choose the type of subsequent performance;
limitation period for new goods is one year from delivery;
warranty is excluded for used goods;
limitation does not restart upon replacement.

8.2 These limitations do not apply:

to claims for damages or reimbursement of expenses,
if the Seller fraudulently concealed the defect,
to goods used for a building purpose and causing a defect,
to any obligation to provide updates for digital products in contracts for goods with digital elements.

8.3 Statutory recourse rights remain unaffected.

8.4 Merchants (per § 1 HGB) must comply with inspection and notification obligations under § 377 HGB. Failure results in deemed acceptance.

8.5 Consumers are requested to report obvious transport damage to the carrier and inform the Seller. Failure does not affect legal rights.

9) Liability

The Seller is liable to the Customer as follows:

9.1 Unlimited liability:

in cases of intent or gross negligence,
for injury to life, body, health,
under a guarantee, unless otherwise stated,
under mandatory laws such as product liability law.

9.2 In case of negligent breach of essential contractual obligations, liability is limited to typical, foreseeable damage unless unlimited liability applies.

9.3 Otherwise, liability is excluded.

9.4 These rules also apply to vicarious agents and legal representatives.