General terms and conditions with customer information
Table of contents
- Scope of application
- Conclusion of contract
- Right of withdrawal
- Transfer of contents
- Granting of rights of use
- Liability for defects
- Applicable law
- Alternative dispute resolution
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Michael Natzmer, trading as “GM MEDIA” (hereinafter referred to as “Licensor”), shall apply to all contracts for the delivery of data not located on a physical data carrier, which are produced and provided in digital form (digital content), which a consumer or entrepreneur (hereinafter referred to as “Licensee”) concludes with the Licensor with regard to the digital content presented by the Licensor in its online store. The inclusion of the Licensee’s own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 The subject matter of the agreement is the transfer of the digital content offered by the Licensor to the Licensee in electronic form under the granting of certain rights of use regulated in more detail in these GTC.
1.3 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. 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 the exercise of his commercial or independent professional activity.
2) Conclusion of contract
2.1 The contents published in the online store of the Licensor do not represent binding offers on the part of the Licensor, but serve for the submission of a binding offer by the Licensee.
2.2 The Licensee may submit the offer via the online order form integrated into the Licensor’s online store. In doing so, after placing the selected content in the virtual shopping cart and going through the electronic ordering process, the Licensee makes a legally binding contractual offer with respect to the content contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Licensor may accept the Licensee’s offer within five days,
- by sending the Licensee a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the Licensee shall be decisive, or
- by providing the Licensee with the ordered content, in which case the receipt of the order confirmation by the Licensee shall be decisive, or
- by requesting payment from the Licensee after the Licensee has placed the order.
If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. If the Licensor does not accept the Licensee’s offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Licensee shall no longer be bound by its declaration of intent.
2.4 The period for acceptance of the Offer shall commence on the day following the dispatch of the Offer by the Licensee and shall end at the end 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 shall be stored by the Licensor after the conclusion of the contract and transmitted to the Licensee in text form (e.g. e-mail, fax or letter) after the Licensee’s order has been sent. The Licensor shall not make the text of the contract accessible beyond this. If the Licensee has set up a user account in the Licensor’s online store before sending his order, the order data will be archived on the Licensor’s website and can be accessed by the Licensee free of charge via his password-protected user account by providing the relevant login data.
2.6 Prior to the binding submission of the order via the online order form, the Licensee may continuously correct its entries using the usual keyboard and mouse functions. In addition, all entries shall be displayed once again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
2.7 Only the German language is available for the conclusion of the contract.
2.8 Order processing and contacting usually take place via e-mail and automated order processing. The customer shall ensure that the e-mail address provided by him for order processing is correct so that 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 by the Licensor to process the order can be delivered.
3) Right of revocation
Consumers are generally entitled to a right of revocation. Further information on the right of revocation can be found in the licensor’s revocation policy.
4.1 For the granting of rights to the respective content, the Licensor shall receive a lump-sum license fee, the amount of which is set forth in 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 in countries outside the European Union, further costs may be incurred in individual cases for which the Licensor is not responsible and which shall be borne by the Licensee. These include, for example, costs for the transfer of funds by credit institutions (e.g. transfer fees, exchange rate fees).
4.4 Various payment options are available to the Licensee, which are specified in the Licensor’s online store.
4.5 If the payment method “PayPal Direct Debit” is selected, PayPal shall collect the invoice amount from the Licensee’s bank account after a SEPA Direct Debit mandate has been issued, but not before the expiry of the period for pre-notification on behalf of the Licensor. Pre-notification is any communication (e.g. invoice, policy, contract) to the Licensee announcing a debit by SEPA Direct Debit. If the direct debit is not honored due to a lack of sufficient funds in the account or due to the provision of incorrect bank details, or if the Licensee objects to the direct debit even though it is not entitled to do so, the Licensee shall bear the fees incurred by the respective credit institution as a result of the chargeback if it is responsible for this.
5) Transfer of the contents
The content is provided exclusively in electronic form by e-mail or by download from the Licensor’s website.
6) Granting of rights of use
6.1 Unless otherwise stated in the DeepL description in the Licensor’s online store, the Licensor grants the Licensee the non-exclusive right, unrestricted in terms of time and place, to use the provided content for private and business purposes.
6.2 A transfer of the contents to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted, unless the Licensor has agreed to a transfer of the contractual license to the third party.
6.3 The granting of rights shall only become effective when the Licensee has paid the contractually owed remuneration in full. The Licensor may provisionally permit the use of the contractual content even before this point in time. Such provisional permission shall not constitute a transfer of rights.
7) Liability for defects
The statutory liability for defects shall apply.
8) Applicable law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of 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 habitual residence.
9) Alternative dispute resolution
9.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://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 involving a consumer.
9.2 The Licensor is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.