Terms and Conditions for Digistore24 Buyers

Section 1 Scope

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”).

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.

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.

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

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.

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.

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

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.

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.

We also send the customer an order confirmation with all order data to the email address provided by the customer.

With the order confirmation, the customer receives an invoice for the purchased service. The customer agrees that this invoice shall only be sent electronically.

The customer can access further information on data protection at any time at www.digistore24.com/page/privacy.

Digistore24 is entitled to reject contract offers without stating the reasons.

If the customer is an entrepreneur, offers made by Digistore24 shall be subject to change and are therefore non-binding.

The contract language shall be exclusively German.

Section 4 Software

In the event that a product subject to delivery is or contains software, such software is delivered in accordance with the respective license terms.

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.

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

The prices at the time of the order shall apply. All prices are stated in EUR and include VAT.

Shipping costs are not included in this price and shall be displayed separately in the order process.

The total amount to be paid including shipping costs shall be due immediately.

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.

Section 6 Payment Terms

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.

If the customer purchases a product in connection with a subscription (“subscription product”) or a product/service that includes partial payments via the Digistore24 order form, the customer grants us a direct debit authorization for the individual recurring partial payments. The payment amounts depend on the purchased product. The prices and the agreed payment period are always clearly stated on our order form. This direct debit authorization is valid in this case for the respective payment method used.

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.

We shall be entitled to demand the submission of copies of official documents for identity and plausibility checks.

Section 8 Delivery and Delivery Time

Shipment shall be made within 10 days after we receive payment on our account.

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.

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.

Section 9 Transfer of Risk

If the customer is a consumer, the statutory provisions for the transfer of risk shall apply.

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

The goods remain the property of Digistore24 until the purchase price has been paid in full.

Prior to the transfer of ownership, the following are prohibited without the consent of Digistore24: pledge, transfer of a security interest, processing or modification.

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. 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

The statutory warranty rights shall apply to all contracts between Digistore24 and the customer.

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.

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.

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.

Any warranty claims for entrepreneurs are excluded for deliveries of used goods.

Section 12 Limitation of Liability

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.

Digistore24 shall be liable without limitation for intent and gross negligence as well as for damages resulting from injury to life, body or health.

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.

The limitations of liability shall apply accordingly in favor of Digistore24's employees, agents and vicarious agents.

Any further liability of Digistore24 shall be excluded.

Section 13 Online Dispute Resolution

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

Place of performance for all claims arising from the contractual relationship shall be Hildesheim, if the customer is an entrepreneur.

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.

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.

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.

The customer is not entitled to assign claims arising from the contractual relationship to third parties without our consent.