General Terms and Conditions (GTC)
Terms and Conditions (T&C) of Affiliness. Last updated September 2023.
1. General and conclusion of contract
These General Terms and Conditions, hereinafter referred to as "GTC", apply to the use of our online store for ordering electronic products. A contract is concluded between Betronate digitale Medien, owner: Vitali Lutz, Eschersheimer Landstraße 42, 60322 Frankfurt am Main, Germany, hereinafter referred to as "supplier" or "provider" of goods, and the customer, hereinafter referred to as "buyer".
2. Subject of the service
These GTC serve as the basis for the provision of the services described below. The buyer has the opportunity to purchase electronic products such as software, eBooks, video and audio files via the store. The goods are exclusively digital, i.e. electronic, products that are made available to the buyer after the order as a download or access to a protected area.
For all contracts between the provider and the buyer, the statutory provisions of the law on sales apply. If a service provided by the provider is defective, subsequent performance can be demanded. If the defect is not eliminated by the subsequent performance of the provider, the buyer may insist on a reduction of the remuneration. Further warranty rights are not entitled to the buyer, subject to the following regulation on liability.
The warranty period is one year, beginning with the day of delivery of the goods. An obvious defect can only be notified within two weeks from the beginning of the warranty period. An obvious defect is a defect that is noticeable to a non-expert customer without closer examination of the services delivered.
The notification of a defect is only effective if it is made in writing.
The provider shall always endeavor to ensure that the store and delivery systems are available to users of the platform without interruptions as far as possible. However, there is no guarantee for this. Availability may be partially restricted or even completely interrupted if technical problems occur or maintenance work is carried out on the systems. The provider always endeavors to keep the times of such interruptions as short as possible.
Liability for damage that is not based on injury to life, limb or health is excluded if the damage is due to a merely negligent breach of the provider's obligation and the breached obligation is not one of the essential contractual obligations.
5. Conclusion of contract
A contract between the buyer and the supplier is concluded only when the buyer puts the goods in the shopping cart, fills out the order form and sends the order by clicking on the button "Buy" (or a similar clear inscription). In the following step, the buyer receives instructions to pay for the ordered goods, for which he has several payment options. After a successful payment, an email with access information will be sent to the buyer, in order to be able to use the ordered goods immediately.
6. Software and licenses
If the goods are software, the goods will be delivered in accordance with the terms of the license. This software may only be reproduced, adapted, translated, made available, distributed, modified, disassembled, decompiled, retranslated or combined with other software to the extent that this is expressly permitted by the license conditions or by the relevant laws.
The prices listed in the shopping cart at the time of the order apply. All prices may already include the statutory VAT, which depends on the location of the buyer.
8. Terms of payment
The buyer can choose between different payment options, which are listed below:
- Credit card
- Electronic direct debit
- Bank transfer (prepayment)
When paying with a PayPal account, the buyer must ensure that the account is sufficiently funded at the time of the order. When using the PayPal platform for payments, the AGB of PayPal also apply. After successful payment with PayPal, the goods will be delivered after the order is finalized.
By paying through Stripe, the buyer can use multiple payment methods available in their country of origin, as well as some payment methods that can be used worldwide during the purchase. Stripe's separate Terms and Conditions apply. The delivery of the ordered goods will take place immediately after the completion of the payment process, which will take place on a secure page of Stripe.
8.3. Credit card
In case of payment by credit card, the purchase amount is reserved on the buyer's credit card account at the time of the order (in case of an authorized transaction). The actual debiting of the account takes place at a later date. Delivery of the goods takes place immediately after completion of the order.
8.4. Electronic direct debit
When paying by direct debit, the buyer must ensure that his bank account is sufficiently funded at the time of the order. In the event of a return debit note, for example, if the account is not sufficiently covered, the buyer must bear the costs incurred by the chargeback. Corresponding claims may be collected by a collection agency. The delivery of the goods takes place immediately after order completion.
8.5. Bank transfer
In the case of bank transfer, the buyer will be given the bank details in the ordering process and must transfer the full amount to the specified bank account within 14 days after the conclusion of the purchase contract. Only after the booking of the payment on the communicated account, the goods will be delivered.
9. Cancellation policy
Unless otherwise agreed with the supplier and especially if the buyer before the order has not expressly waived his right of withdrawal by appropriate confirmation, the buyer has a right of withdrawal, taking into account the following provisions.
The buyer has the right to revoke the contract within fourteen days (14 days) without giving any reason. The withdrawal period is fourteen days from the date of delivery of the ordered goods.
To exercise the right of withdrawal, the buyer must give the provider:
Betronate digitale Medien
Owner: Vitali Lutz
Eschersheimer Landstraße 42
60322 Frankfurt am Main
by means of a clear, written statement (e.g. email, fax, or letter) about the decision to revoke the contract. The Buyer may use the attached sample revocation form, which, however, is not mandatory, to notify the provider of the revocation. To comply with the revocation period, it is sufficient that the notification of the exercise of the right of revocation is made before the expiry of the revocation period.
9.1. Obligations of the provider
In the event of revocation of the contract, the provider shall return all payments received from the buyer, including delivery costs, without undue delay and no later than within fourteen days from the day on which the notification of revocation was received by the provider.
The same means of payment that was used for the original transaction will be used for the refund, unless expressly agreed otherwise with the provider. In no case will the buyer be charged fees because of this refund.
9.2. Obligations of the buyer
After the processing of the revocation and at the latest after the successful refund on the part of the provider, the buyer must delete all copies of the received product on their devices themselves, if it is electronic goods. If the product should be access to a protected area, the access to this area will be blocked and the user's data will be deleted.
In order to be able to process the revocation more quickly and to reduce the burden on the environment, it is advisable to send the cancellation by means of an electronic message (email). The revocation can either be sent to firstname.lastname@example.org or by contact form.
9.3. Revocation by chargebacks
A revocation that occurs through a chargeback of the payment by the buyer is not permissible. If the buyer withdraws a payment, for example by a return debit note or any other measure, which usually causes costs for the provider, this does not constitute a valid revocation or termination of the contract. The costs incurred by the provider as a result and the amount of the chargeback may be collected from the buyer by a collection agency.
Unless otherwise agreed, the ordered goods shall be provided as a download or as access to a protected area on a website. After receipt of payment, the buyer will be sent a download or access link by email, by means of which the ordered goods can be obtained. The delivery of the goods or the sending of the email with the access data takes place immediately after the order and receipt of payment.
11. Ownership and use of digital goods
Unless otherwise agreed with the provider, the provider does not transfer any ownership right to the buyer with the delivery of the electronic goods. The buyer acquires a simple, non-transferable right to use the offered goods in the store for personal use. The buyer may use the electronic goods only for his own personal use.
Copying or passing on the goods to third parties (including friends, relatives, acquaintances or similar) is expressly prohibited. Violations will be prosecuted and fined.
The content of the electronic goods may not be changed by the customer in terms of content or editing. Likewise, making the complete goods or parts thereof available to the public is not permitted. Violations will be prosecuted.
12. Online dispute resolution
The European Commission provides a platform for online dispute resolution (OS), which the buyer can access via the following link: http://ec.europa.eu/consumers/odr/. The provider is neither obliged nor willing to participate.
13. Other provisions
Should individual provisions of the contract, including the above General Terms and Conditions or parts thereof be or become invalid or should the contract contain loopholes, this shall not affect the validity of the remaining provisions. In place of the invalid provision, the parties shall agree on the valid provision which comes closest to the meaning and purpose of the invalid provision.