General Terms and Conditions of Digistore24 GmbH for Buying Customers

1. Validity

The following terms and conditions are valid for all transactions with DigiStore24. All of our offers, shipments and services are provided solely subject to these terms. They apply to businesses in the sense of Paragraph 14 of the German Civil Code, to include all future business transactions even if not expressly agreed to again. Any assertions by the buyer (business) to the contrary by reference to his own purchasing conditions hereby are expressly rejected. Consumer means any natural person that conducts a legal business transaction not attributable to its own commercial or independent professional activity. Business is any natural or legal person or a legal partnership that concludes legal transactions in its commercial or independent professional capacity.

2. Offer and contract

The following applies to legal relations with businesses: Our offers are non-binding. To be legally valid, orders must be in written or telexed form. The buyer has no right to assign claims arising under the contract to third parties. The following applies to businesses and consumers: Our presentation of products on the internet does not represent a legally binding offer. It is strictly for soliciting offers. In case of an order inquiry, we will check our ability to obtain the product in each case and confirm it as necessary. The customer orders the desired product by sending the online order form that he previously completed with all required data. The contract comes into force when we accept the customer’s offer as embodied in the transmittal of this information. The notice of acceptance to the customers in principle is when we deliver the product to him. An emailed order confirmation serves strictly as an acknowledgment to the customer that the order was received and entered. It does not connote acceptance of a contract. We do not offer our own services or products. Our contractual partners (whose logos are displayed during ordering) are the ones who deliver products or render services. At this time, the only language available for making and carrying out contracts is German. We store the contract information until the contract has been fulfilled. You can get more information about privacy protection here.

3. Prices

All of our prices include the relevant, legally mandated VAT. The amount of money that the customer has to pay is clear and transparently visible on the DigiStore24 order form. This includes the visibility of variations in prices and payments.

The following applies to businesses: Prices do not include packaging, freight, postage, handling costs and insurance. If our purchase prices, transport costs, business taxes or other costs affecting the individual price undergo unexpected changes between the time we conclude the contract and the agreed-on delivery date – in case of non-trade transactions only this period must exceed 4 months – either of the contractual parties can demand an appropriate price adjustment.
The following applies to consumers: The prices include VAT but not shipping and handling. You can find more information about shipping costs and the countries to which we ship under (…). Should the consumer invoke the right to cancel (see the cancellation policy under Point 5), he must pay the regular cost of the return shipment if the delivered goods correspond to what he ordered and if the returned merchandise price does not exceed 40 Euros. This also applies in the event the item costs more, or the customer (consumer) has not made full payment or a contractually set partial payment by the time of the cancellation. In all other cases the return shipment costs the customer (consumer) nothing.

4. Payment terms

We only accept payment via Paypal, Visa or Mastercard credit cards, electronic debit, transfer or remittance. Any assertion of a right of retention or set-off with respect to counterclaims of any kind, or any other kind of deduction for whatever legal reason, is not permitted. This does not apply if the counterclaim has been established legally or is undisputed. However, the buyer also has the right to assert retention for reason of counterclaims under the same contractual arrangement.

Note for recurring payments and installments: if the customer buys a product or service that is a product with recurring payments or is to be paid by installments, it will mean that the customer gives explicit permission to DigiStore24 to withdraw the amount agreed on from the account of the customer. The amount is dependent on the product that is purchased. Price and duration of the recurring payments and installments are clearly shown on our order form. This permission for withdrawal applies to the used way of payment. These are: Paypal, direct debit, and credit cards.

5. Consumer’s right to cancel

Without having to give any reason, you may cancel your contractual declaration in writing (e.g. mailed letter, fax or email) within 14 days or – in the event that the item is conveyed to you before the deadline expires – by returning the item. The grace period begins after receipt of this instruction in writing, but not before the recipient gets the merchandise (in case of recurring deliveries of similar goods, not before receipt of the first partial shipment) and also not before we have fulfilled our obligation to inform pursuant to Article 246 paragraph 2 in conjunction with paragraph 1, Sections 1 and 2 EGBGB (Introductory Act to the German Civil Code) and our obligations pursuant to Paragraph 312 g Section 1 Sentence 1 BGB (German Civil Code) in conjunction with Article 246 Paragraph 3 EGBGB. You preserve the grace period for cancellation by sending the cancellation notice or the item in a timely manner. Direct the cancellation to Digistore24 GmbH, In der St.-Godehard-Straße 32, 31139 Hildesheim, Germany; support@digistore24.com. Recurring payments can be cancelled via text (Email or mail) at any point in time.

Consequences of cancellation

In the event of a valid cancellation, mutually rendered services are to be returned and any derived benefits (e.g. interest) are to be given up. If you cannot return the received service as well as benefits (e.g. beneficial use) completely or in part or return them only in deteriorated condition you must compensate us appropriately. You only need to compensate us for deterioration of the item or benefits gained to the extent that they derive from any use of the item that goes beyond testing its features or functions. By “testing its features and functions” is meant what is possible and customary for in-store testing and evaluation of the respective merchandise. You may return items that can be shipped as a parcel to us at our risk. You are responsible for the normal return charges if the delivered goods are what you ordered and if the price of the return item does not exceed €40.00; or, in the event of a higher-priced item, if you have not made payment in full or a contractually agreed partial payment when you cancel. Otherwise, you are not responsible for the return postage. We will pick up items that cannot be mailed. Reimbursements of amounts due must be made within 30 days. The grace period begins for you when you send your notice of cancellation or the item and for us when we receive them. Please note: for a service rendered, your right to cancel is void if the contract has been fulfilled completely at your express request before your exercised your right to cancel. Please also note: you have no right to cancel under the following circumstances: for audio or video recordings or software that we supplied, if you have opened the media containing them; when we deliver items made to your specifications or customized for your unique requirements, or whose nature makes them unsuitable for being returned.

6. Shipping and delivery time

We ship within ten days of receiving payment in our account. Partial shipments are allowed and may be billed separately, as long as the buyer qualifies and has an objective interest in taking partial delivery. Should we incur a delay, the buyer may only withdraw from the contract after a reasonable extension in writing for at least one month has fruitlessly expired without the product having been reported as ready to ship during this entire time. In case of a delay or impossibility of fulfilling part of an order, the buyer may only withdraw from the contract or only claim damages for reason of non-performance for the whole obligation if partial fulfillment of the contract is of no interest for him.

7. Transfer of risk

Legal statutes on the books apply to consumers. When a business is the buyer, risk transfers to it as soon as the shipment has been delivered to the person who will do the shipping or when it has left the warehouse or the warehouse of a sub-supplier for shipment. Should shipping be delayed at the buyer’s request, risk transfers to him with the ready-to-ship notice. The same applies to enforcing liens.

8. Retention of title

We retain title to the goods until they are fully paid for. If a dealer, the buyer may further sell the title goods in the ordinary course of business. However, he may only sell the merchandise to end users. Selling it to resellers is expressly prohibited. The buyer comprehensively assigns any claims arising from further sales or any other legal reason (insurance, prohibited transaction) concerning the title goods, including any and all open account claims, to us at the outset as security. We irrevocably authorize him to collect the assigned claims in his own name for our account. The collection authorization can only be rescinded if the buyer is in payment default. In that case, the buyer is obligated to provide name, address and outstanding claim amount of all persons to whom he sold the title goods. Pledging or assigning a security interest is not permitted. As long as the buyer is not in payment default, we will not disclose the assignment. In the event of third parties seizing the goods, in particular as pledged collateral, the buyer must give notice of our ownership interest and inform us immediately so that we can enforce our property rights. To the extent that third parties are not in a position to reimburse us for legal or extra-legal costs incurred by us in this connection, the buyer shall be liable for them. If the buyer is in breach of contract – in particular, through payment default, payment interruption, or bankruptcy filing – we have the right to repossess the title goods or demand assignment of the buyer’s claims against third parties, as required. If we repossess or pledge the title goods, there is no rescission of the contract by us if the buyer is a business.

9. Warranty period

Consumers For consumers, statutory provisions apply; however, the period on used articles is limited to one year. The shortened one-year warranty period does not apply in cases where liability stems from bodily or health damage that resulted from a seller-caused defect, or by the seller’s or its fulfillment agent’s deliberate act or gross negligence. Notwithstanding the above, the seller remains liable under the Product Liability Act. Businesses When the buyer is a business, it must report all apparent defects within five working days after receipt of the merchandise. Hidden defects that cannot be identified even upon immediate inspection may only be asserted against us if we receive the complaint within 6 months of the merchandise having left the supplier’s factory. In case of justified claims, we will be responsible for either repair or replacement, at our discretion. All warranty claims are null and void in the event the purchaser does not give us the opportunity to appraise the defect ourselves or does not make the goods in question or tests of same available to us immediately. Complaints about parts of a delivery do not give the right to reject the remainder of the delivery. These terms also apply to shipments of goods other than those covered by contract. Any warranty claims by businesses are excluded if they relate to shipments of used merchandise.

10. Limitations on liability

All claims for damages against us as well as against our fulfillment or performance agents regardless of the legal grounds are excluded, unless they are based on: violations of essential contractual duties intentional acts or gross negligence injuries to life, body or health product liability In each case, the performance guarantee is limited to damages likely to be incurred.

11. Software

If the product delivered consists of or contains software, it is delivered in accordance with the applicable licensing terms. Such software may only be copied, adapted, translated, made available, distributed, modified, disassembled, decompiled, reverse engineered or combined with other software to the extent expressly allowed by the license or the applicable laws, especially Paragraph 69 d Sections 2 and 3 as well as Paragraph 69 e of the copyright law. The buyer is to absolve us of liability as well as all claims and costs that arise from violations of the intellectual property rights of third parties by the buyer.

12. Place of service, jurisdiction and choice of law

If the buyer is a business, the place of service for all claims resulting from the contractual relationship is Hildesheim. Insofar as the buyer is a general vendor as defined in the commercial code, a legal entity under the public law or a public law special fund, Hildesheim is the exclusive jurisdiction for all disputes arising directly or indirectly from the contractual relationship. German law applies to the exclusion of UN international sales law. This choice of jurisdiction applies to consumers only as long as mandatory provisions of the laws of the country in which the consumer ordinarily resides do not revoke the protection granted.