Terms and Conditions for Digistore24 Buyers

Section 1 Scope

  1. These General Terms and Conditions for Digistore24 Buyers (hereinafter referred to as “T&Cs”) apply to the free use of the www.digistore24.com online platform (hereinafter referred to as “online platform”) as well as to all contracts concluded between Digistore24 GmbH, St.-Godehard-Straße 32, 31139 Hildesheim, Germany (hereinafter referred to as “we” or “Digistore24”) and you as our customer (hereinafter referred to as “customer” or “buyer”).
  2. For the foregoing purposes, our offers are addressed to both entrepreneurs within the meaning of section 14 German Civil Code (“BGB”) (hereinafter referred to as “entrepreneurs”) and consumers within the meaning of section 13 BGB (hereinafter referred to as “consumers”) and likewise apply to all future business relationships even if our T&Cs are not expressly agreed again.
  3. As defined in section 13 BGB, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his/her trade or independent business or profession.
  4. As defined in section 14 BGB, an entrepreneur is any natural or legal person or a partnership having legal capacity who or which, when entering into a legal transaction, acts within the scope of his/her or its trade or independent business or profession.

Section 2 Subject of Performance

  1. Digistore24 shall provide all services described below exclusively on the basis of these terms and conditions (T&Cs). Deviating terms and conditions of the customer shall not become part of the contract even if Digistore24 does not expressly object to their validity.
  2. The customer has the possibility of purchasing different products via the online platform. These may be new or used goods, digital content, services or other performances. Furthermore, Digistore24 offers the conclusion of subscriptions, which may relate to the purchase of products or the provision of services. We sell products and services of merchants and service providers (hereinafter referred to as “contractual partners”) in our own name and for our own account. These contractual partners have committed themselves to us to directly provide services to the customer should a contract be concluded between us and the customer. The delivery of the product or the provision of the service is thus carried out through our contractual partners (whose logo appears in the order process), who act as our vicarious agents. This also applies to all types of services, including memberships.
  3. Our contractual partners are entitled to maintain supplementary product-specific terms of use, if applicable. These may be supplementary license agreements, warranty agreements or product-specific agreements. These shall then apply between the customer and our vicarious agents.

Section 3 Conclusion of Contract

  1. The placement of the respective product in the online store shall not constitute a binding offer to conclude a contract with the customer by Digistore24. In order to purchase products in Digistore24’s online store, the customer may place the selected products in the shopping cart and then enter the order data in the order mask provided. After selecting the shipping method and the desired payment method, as well as accepting these T&Cs, the customer sends their binding offer by clicking on the “Buy now” button. After this order process, the customer shall receive an email from Digistore24 to confirm the order. This order confirmation constitutes the acceptance of the offer sent by the customer to Digistore24. Until the “Buy” button is pressed, the customer may change or delete their details in the order form at any time.
  2. Digistore24 saves the contract text of the order and the customer can print it before sending their order to us by clicking on “Print” in the last step of the order.
  3. We also send the customer an order confirmation with all order data to the email address provided by the customer.
  4. With the order confirmation, the customer receives an invoice for the purchased service. The customer agrees that this invoice shall only be sent electronically.
  5. The customer can access further information on data protection at any time at www.digistore24.com/page/privacy.
  6. Digistore24 is entitled to reject contract offers without stating the reasons.
  7. If the customer is an entrepreneur, offers made by Digistore24 shall be subject to change and are therefore non-binding.
  8. The contract language shall be exclusively German.
  9. The customer shall be exclusively entitled to purchase goods in quantities that are typical for a household. Digistore24 shall be entitled to withdraw from the contract, terminate the contract or exclude the customer from further purchases if it suspects that the customer is reselling goods on a commercial basis.
  10. After placing an order, the customer may be offered additional products for purchase (upsells). This is once again a request by Digistore24 that an offer be made to purchase the product. In order to make this offer, the customer simply needs to click on the order button. The contract shall be concluded upon confirmation of the order by Digistore24. Digistore24 shall use the previously used customer and payment details for the order. Digistore24 expressly points out that the purchase of an upsell does not become part of the previously concluded contract, but represents a separate, additional conclusion of contract. The customer shall receive a separate order confirmation for each upsell order.
  11. Unless expressly agreed upon at the time of the order, the customer shall not be entitled to receive answers to questions regarding the content of the purchased product. The offer of support shall be limited to such questions that concern execution of the contract as well as organizational matters.
  12. If there is a contract pursuant to Section 1 (1) FernUSG, the terms and conditions for the purchase of services within the scope of the Distance Learning Protection Act (FernUSG) agreed upon at the time the contract was concluded shall take precedence over these terms and conditions.

Section 4 Software

  1. In the event that a product subject to delivery is or contains software, such software is delivered in accordance with the respective license terms.
  2. Such software may only be duplicated, adapted, translated, made available, distributed, modified, disassembled, decompiled, re-translated or combined with other software to the extent expressly permitted by the license terms or applicable law, including without limitation section 69d (2) and (3) and section 69e of the Germany Copyright Act.
  3. The buyer is required to indemnify and hold Digistore24 harmless in relation to all obligations and costs resulting from the infringement of third-party property rights by the buyer.

Section 5 Prices

  1. The prices at the time of the order shall apply. All prices are stated in EUR and include VAT.
  2. Shipping costs are not included in this price and shall be displayed separately in the order process.
  3. The total amount to be paid including shipping costs shall be due immediately.
  4. If the customer is an entrepreneur, the prices do not include packaging, freight, postage, shipping costs and insurance. Insofar as our purchase prices, transport costs, business-related taxes or other costs affecting the individual price change unforeseeably for us between the conclusion of the contract and the agreed delivery date - in the case of a non-trading transaction only if this period is more than 4 months - each of the contracting parties may demand a corresponding price adjustment.
  5. If the subject matter of the contract is an automatically renewing subscription with a minimum term, Digistore24 shall be obliged to announce price increases at least 3 months before expiry of the minimum term. Should the announcement be made in good time, the customer shall have a special right of termination until the expiry of the contract term.
  6. Digistore24 shall be entitled to entrust a third party with the customer’s information.

Section 6 Terms of payment / Default / Cancellation

  1. Digistore24 offers different payment methods to its customers. These include PayPal, credit card payment with a Mastercard or Visa card, direct debit, Sofortüberweisung or bank transfer.
  2. If the customer purchases a product that involves a subscription (“subscription product”) or a product or service that includes partial payments made via the Digistore24 order form, the customer hereby grants us consent to use the selected payment method for the individual recurring partial payments as well. The amount of the payments to be made shall depend on the product purchased. The prices and the agreed payment period shall always be clearly stated on our order form.
  3. In the event of revocation of the contract declaration by the customer pursuant to section 7 or in the event of termination of the contract for other reasons, we shall refund the monies already paid. To make this repayment, we shall use the same means of payment that was used in the original transaction. In the case of issuing a SEPA mandate, simultaneous chargeback by the customer is not necessary. For the purpose of verifying the identity of the account holder, we are entitled to request proof, such as a copy of an official document showing the current address. If the customer does not repay the amount wrongfully received after a chargeback and simultaneous repayment by us has nevertheless been initiated and after we have set a reasonable deadline, we shall be entitled to demand information from the account-holding bank of the purchaser about the personal data belonging to the account holder in order to enforce our claims under civil law. In addition, we reserve the right to file criminal charges in this case.
  4. We shall be entitled to demand the submission of copies of official documents for identity and plausibility checks.
  5. If the customer defaults on an installment payment, we shall be entitled to terminate the agreed installment payment plan and make the entire remaining payment due immediately.
  6. If the customer has purchased a product in connection with a subscription and defaults on the monthly subscription payment, we shall be entitled to terminate the respective contract without notice. In this case, the customer shall owe compensation amounting to the profit lost by us less expenses saved, taking into account the early termination. The damages to be determined from this shall amount to 80% of the agreed monthly payment from the time of termination until the end of the agreed subscription. The customer shall be at liberty to prove that we have incurred no or less damage.
  7. If the customer is in default with one or more outstanding payments, Digistore24 shall be entitled to assign the claim to a third party or to commission a third party with collecting the amount. Claims asserted by Creditreform Essen Stenmans & Waterkamp KG, Hohenzollernstr. 40, D-45128 Essen on our behalf may still be settled by payment to Digistore24, upon which the debt shall be discharged.
  8. Any claims arising from default going beyond clauses 5 to 7 shall remain unaffected.
  9. The Customer shall receive an invoice for the purchased product from Digistore24. The Customer should carefully check the information supplied on the invoice. Corrections of an invoice shall only be considered in exceptional and justified cases. If the Customer requests a correction of the invoice based on errors for which Digistore24 is not responsible, a correction and the associated alteration of the invoice shall only be made if
    1. the request for correcting the invoice is received by Digistore24 from the Customer within 60 days after conclusion of the contract and,
    2. it concerns the correction of the recipient’s name, street and house number or VAT ID, which the Customer accidently entered incorrectly when placing the order.
    Digistore24 shall be entitled to charge the Customer for any additional costs incurred as a result of a requested correction, unless the invoice incorrection is caused by an error on Digistore24’s part.
  10. If the contractual relationship between Digistore24 and the fulfilling contractual partner ends during the term of the contract, Digistore24 shall be entitled to terminate the contract with a notice period of two weeks. In this case, Digistore24 shall agree to transfer the contractual relationship to another contractual partner.
  11. If the contract is transferred to another contractual partner after termination in accordance with point 10, all mutual claims of the parties shall expire. This shall not apply insofar as the customer is in default with a payment from the period prior to the end of the contractual relationship between Digistore24 and the fulfilling contractual partner.

Section 8 Delivery and delivery time, provision and updates

  1. Shipment shall be made within 10 days after we receive payment on our account.
  2. Partial deliveries are permissible and can be invoiced independently, insofar as this is reasonable for the buyer and they have an objective interest in a partial delivery.
  3. If Digistore24 falls behind, the customer may withdraw from the contract only after the fruitless expiry of a reasonable grace period set in writing, lasting at least 14 days, insofar as the product has not been notified as ready for shipment by that time. In the event of a partial delay or partial impossibility, the buyer may only withdraw from the entire contract or claim damages for non-performance of the entire obligation if the partial performance of the contract is of no interest to them.
  4. If the purchased product is digital content, the provision shall be deemed to have begun within two working days of receipt of payment. The product is regarded as having been made available when:
    1. The customer has received valid access data to a Digistore24 member area or that of a vicarious agent, in which access to the digital content is made possible.
    2. The customer was given access to the digital content by Digistore24 or a vicarious agent sending them a link.
    3. The customer gains access to the digital content in any other way without further action by Digistore24.
  5. Provision shall take place either via the IT infrastructure of Digistore24 or, at the discretion of the vicarious agent, via its own IT systems. If the digital content is provided by Digistore24, restrictions on the provision in terms of time and quantity shall be stated on the order form and immediately become part of the contract. If the products are provided via technical facilities of the vicarious agent or a third party, the provision shall be deemed agreed for at least 12 months and for a minimum of 50 accesses.
  6. Paragraphs 4 and 5 are not applicable to continuing obligations and installment agreements. In this case, the provision shall end with expiry of the contract term.
  7. The obligation to update digital content within the meaning of section 327f BGB (German Civil Code) as well as within the meaning of sections 475a (2) c.f. 475b (4) no. 2 BGB (German Civil Code) shall not apply to customers who are not consumers. The obligation shall not apply to consumers after expiry of the provision obligation.

Section 9 Transfer of Risk

  1. If the customer is a consumer, the statutory provisions for the transfer of risk shall apply.
  2. If the customer is an entrepreneur, the risk shall pass to the customer as soon as the shipment has been handed over to the shipping agent, who is carefully selected by Digistore24 or has left the warehouse or a subcontractor’s warehouse for the purpose of shipment. If the shipment is delayed at the request of the buyer, the risk shall pass to the buyer upon notification of readiness for shipment. The same shall apply in the event of the assertion of the rights of retention.

Section 10 Retention of Title

  1. The goods remain the property of Digistore24 until the purchase price has been paid in full.
  2. Prior to the transfer of ownership, the following are prohibited without the consent of Digistore24: pledge, transfer of a security interest, processing or modification.
  3. Provided the buyer is an entrepreneur, the buyer may resell goods that are subject to retention of title in the ordinary course of business. However, the buyer is only permitted to resell the goods to end consumers. The resale of the goods to resellers is expressly prohibited. The buyer hereby immediately assigns to us in full all claims related to goods that are subject to retention of title by virtue of sale or on other legal grounds (insurance, unlawful act), including all current account balance claims, for purposes of security. We grant the buyer the revocable right to collect in their own name the accounts receivable assigned to us. This authorization to collect may only be revoked if the buyer is in default of payment. In such cases, the buyer is obliged to inform us of the name, address and the amount of the receivable for all persons to whom the buyer has sold goods subject to retention of title. Pledges or transfer of ownership by way of security are prohibited. We will not disclose the assignment provided the buyer is not in default of payment. In the event a third party asserts a claim against the goods subject to retention of title, in particular in the event of confiscation, the buyer shall provide notice of our ownership interest and notify us without delay so that we can assert our property rights. The buyer is liable in the event that any such third party is not able to reimburse us for any judicial or extrajudicial costs incurred in this connection. In the event the buyer acts in a manner that is contrary to the terms of the contract – including delay in payment, cessation of payment, application for insolvency, we are entitled to seize the goods subject to retention of title, or, if applicable, demand the assignment of the buyer’s claims for return of the goods from third parties.
  4. If the buyer is an entrepreneur, seizing or attaching the goods subject to retention of title does not represent a revocation of the contract on our part.

Section 11 Warranty

  1. The statutory warranty rights shall apply to all contracts between Digistore24 and the customer.
  2. If the contract was concluded for a used item, the warranty rights for defects shall expire within one year, starting from the day the goods were delivered.
  3. The reduction of the warranty period to one year shall not apply if the obligation to pay compensation is based on bodily injury or damage to health due to a defect for which we are responsible or due to willful conduct or gross negligence on the part of Digistore24 or our vicarious agents. Notwithstanding the foregoing, we shall be liable under the Product Liability Act.
  4. If the buyer is an entrepreneur, the following statements shall also apply: the buyer shall notify Digistore24 of all identifiable defects upon receipt of the goods, but no later than within 5 working days. Hidden defects that cannot be found even after immediate inspection may only be asserted against Digistore24 if the complaint is received by us within 6 months after the goods have left the supply plant. In the event of justified complaints, Digistore24 GmbH shall be obligated to either repair or replace the goods at its sole discretion. If the buyer does not give us the opportunity to become convinced of the defect, in particular if the buyer does not immediately provide the rejected goods or samples thereof upon request, all warranty claims shall become null and void. Complaints about partial deliveries do not entitle the customer to reject the remaining delivery. These T&Cs shall also apply to the delivery of goods other than those specified in the contract.
  5. Any warranty claims for entrepreneurs are excluded for deliveries of used goods.

Section 12 Limitation of Liability

  1. Digistore24 shall endeavor to ensure that the website is available without interruptions and that the transmissions are error-free. However, this cannot be guaranteed at all times. Furthermore, access to the online platform may occasionally be interrupted or restricted to allow for repairs, maintenance or the introduction of new facilities. Digistore24 shall endeavor to limit the duration and frequency of such a temporary interruption.
  2. Digistore24 shall be liable without limitation for intent and gross negligence as well as for damages resulting from injury to life, body or health.
  3. In cases of slight negligence, Digistore24 shall only be liable in the event of a breach of a material contractual obligation and only for the amount of the damage typical for the contract. An essential contractual obligation within the meaning of this clause is an obligation, the fulfilment of which makes the execution of the contract possible in the first place and on the fulfilment of which the contractual partner may therefore regularly rely.
  4. The limitations of liability shall apply accordingly in favor of Digistore24's employees, agents and vicarious agents.
  5. Any further liability of Digistore24 shall be excluded.

Section 13 Online Dispute Resolution

  1. The European Commission has made an online dispute resolution available (“ODR”). The buyer may access the platform at http://ec.europa.eu/consumers/odr.

Section 14 Credit agencies (e.g. SCHUFA/Boniversum)

Digistore24 shall be entitled to obtain information about the customer from credit agencies for the purpose of credit assessment and protection against bad debts. In addition, Digistore24 shall be entitled, to the extent necessary in connection with the execution of the contract and with the customer's consent, to obtain general banking information from the customer's account-holding bank for the purpose of credit assessment. Subject to the customer’s consent, Digistore24 shall transmit data regarding the order, commencement and termination of the contract to credit agencies and obtain information about the customer from them. Data shall be transmitted and stored within the framework of the provisions of data protection law and only to the extent necessary to protect the legitimate interests of Digistore24, a contractual partner of the credit agency or the general public and to the extent that the customer’s interests worthy of protection are not impaired. Notwithstanding the foregoing, Digistore24 may also provide the credit agency with data on any non-contractual conduct (e.g. termination due to default of payment, enforcement measures). In accordance with the German Federal Data Protection Act and GDPR, these reports shall only be made to the extent that this is permissible after weighing up all the interests concerned. Within the scope of the consent granted by the customer, the credit agency shall store and transmit data to the affiliated credit institutions, credit card companies, leasing companies, retail companies including mail order companies and other companies that commercially provide money or goods credits to consumers or offer telecommunication services in order to provide them with information for assessing the creditworthiness of customers. Address data may be transmitted to companies that are contractually affiliated with the credit agency (e.g. SCHUFA/ Boniversum) for the purpose of determining debtors. SCHUFA only transmits objective data without indicating the creditor; subjective value judgments, personal income and financial circumstances are not included in SCHUFA report. Credit agencies only provide data if a justified interest in the data transfer has been credibly demonstrated in the specific case. When providing information, the credit agency may also provide its contractual partners with a probability value calculated from its database to assess the credit risk (score procedure).

Section 15 Place of Performance, Place of Jurisdiction, Applicable Law, Set-Off and Assignment

  1. Place of performance for all claims arising from the contractual relationship shall be Hildesheim, if the customer is an entrepreneur.
  2. The exclusive place of jurisdiction for all disputes arising from or in connection with this contract shall be Hildesheim, provided that the customer is a merchant or has no general place of jurisdiction in Germany or in another EU member state, has moved their permanent place of residence abroad after these terms of use have come into effect or their place of residence or usual place of abode is unknown at the time the action is brought.
  3. German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
  4. The customer may only offset counterclaims if these counterclaims are undisputed or have been legally established. This shall not apply insofar as claims of a consumer arising from or in connection with the assertion of their statutory right of revocation are affected by this. A right of retention can only be asserted with regard to claims arising from the same contractual relationship.
  5. Digistore24 shall be entitled, at its own discretion, to request proof of identity, as well as proof of the customer’s legal age and address. If the customer does not comply with this request within one week, Digistore24 shall be entitled to terminate the contract without notice and discontinue the provision of digital content as well as the provision of services and reclaim any goods that may have been sent.