General Terms and Conditions for the Sale of Digital Content (not sold on data carriers)
(1) These Terms and Conditions shall apply to all contracts and other services of Deutsche Film, Funk, Fernsehwerbung GmbH (hereinafter: "Seller"), vis-à-vis its customers concerning the sale of digital content via the addresses https://buystreakkvideo.d3f.de/ and associated slash domains according to the following sample https://buystreakkvideo.d3f.de/ . Deviating regulations of the customers shall not apply unless the Seller has expressly confirmed this in writing.
(2) The business relations between the Seller and the Customers shall be governed by the laws of the Federal Republic of Germany. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. The validity of UN sales law is excluded.
(3) The place of jurisdiction shall be Bensheim, Germany, insofar as the customer is a merchant, a legal entity under public law or a special fund under public law. The same shall apply if a customer does not have a general place of jurisdiction in Germany or if the customer's place of residence or habitual abode are unknown at the time the action is brought.
(4) Agreements made with the Customer in individual cases (including collateral agreements, supplements and amendments) shall in any case take precedence over these Terms and Conditions.
(5) The contractual language is German.
(6) In the online store, the customer can call up and print out the order overview and the General Terms and Conditions. For the rest, the text of the contract is not stored by the seller after the conclusion of the contract in the online store and is therefore not accessible.
(7) Customers who are consumers have the option to use an alternative dispute resolution. The following link of the EU Commission (also called OS platform) contains information about online dispute resolution and serves as a central contact point for the out-of-court settlement of disputes arising from online purchase contracts: http://ec.europa.eu/consumers/odr.
(8) Duty to inform according to the Consumer Dispute Settlement Act (§36 VSBG): The seller is neither willing nor obliged to participate in further dispute resolution proceedings before a consumer arbitration board.
- Contents of the contract and conclusion of the contract
(1) The seller offers the customers an individualized interactive online video for the product 'Streakk' for use via the above URLs (not on a physical data carrier, hereinafter "digital content").
(2) When purchasing via the form on the above URL(s), a contract of use is concluded with the payment by the customer via Paypal. Price markings in the online store do not constitute an offer in the legal sense. Before binding submission of his order by clicking the button "Pay", the customer can correct all entries continuously via the usual touch screen, keyboard and mouse functions. Before submitting his order, the customer can specify whether the seller should begin executing a contract for digital content before the expiration of the cancellation period. The receipt and acceptance of the order will be confirmed to the customer by e-mail.
(3) With the notification of the conclusion of the contract, the customer receives these General Terms and Conditions as well as the cancellation policy.
(1) To purchase, the customer provides his first and last name, e-mail address and place of residence. In addition, the customer provides his Streakk ID and, if applicable, an alias. Communication between the seller and the customer takes place via the specified e-mail address. After completing the order process, the customer receives the link (URL) to his individualized video by e-mail.
(2) The data requested by the Seller during the order process must be provided completely and correctly.
- Prices, sales tax and payment
(1) All prices include the statutory value added tax.
(2) The provision of the digital content shall generally take place after advance payment by the customer. Unless otherwise agreed individually, payment of the purchase price shall be made directly by credit card or via PayPal during the ordering process.
(4) If a Customer defaults on its payment obligations, the Seller may claim damages in accordance with the statutory provisions.
(5) The Seller shall always issue an invoice to the Customer, which shall be sent to the Customer in text form.
- Provision of digital content
(1) Digital content will be made available to the customer after receipt of payment. For this purpose, the customer will receive a link sent by e-mail, via which the customer can view/use the digital content purchased by him. The seller points out that for each retrieval of the digital content a connection to the Internet must be established.
(2) The digital content is available for 24 months via the customer's URL (availability > 95% p.a.)
(3) The Seller reserves the right to modify the Digital Content over time.
(3) The Seller may restrict access to its own services if the security of network operation, the maintenance of network integrity, in particular the avoidance of serious disruptions of the network, the software or stored data so require. In the event of failure of services due to a malfunction outside the Seller's sphere of responsibility, the reduction shall be excluded. The same applies to the failure of services due to necessary business interruptions (maintenance work).
- Liability for defects of quality and title
The seller is liable for material defects and defects of title in accordance with the statutory provisions. Defects shall be notified by the customer to the seller within a warranty period of two years. In all other respects, the Seller shall be liable for material defects and defects of title in accordance with the statutory provisions.
(1) The Seller shall be liable without limitation for damages and impairments caused by computer viruses and outside the liability for material defects and defects of title, insofar as the cause of damage is based on intent or gross negligence. He shall also be liable for the slightly negligent breach of essential obligations (obligations whose breach endangers the achievement of the purpose of the contract) as well as for the breach of cardinal obligations (obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies), but in each case only for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than the aforementioned.
(2) The limitations of liability of the preceding paragraph shall not apply in case of injury to life, body and health, for a defect after assumption of a guarantee for the quality of the product and in case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
(3) If the liability of the Seller is excluded or limited, this shall also apply to the personal liability of its employees, representatives and vicarious agents.
(1) The Seller reserves the industrial property rights and copyrights to all digital content, logos, images and other documents. The copyright notices, digital signatures, trademarks and other legal reservations contained in digital content may not be edited or removed. Digital content may not be further processed, changed in terms of content or editing, sold, made available as a download, edited or transferred in any other way by the customer.
(2) The customer does not acquire ownership of digital content. The customer only receives the simple, temporally unrestricted, personal and non-transferable right to use the digital content for personal use. The customer is entitled to use the digital content for personal purposes.
- Data protection
- Severability clause
If any provision of these General Terms and Conditions is invalid, the remaining provisions shall remain unaffected. The invalid provision shall be deemed to be replaced by a provision that comes as close as possible in economic terms to the meaning and purpose of the invalid provision in a legally effective manner. The same shall apply to any loopholes.
Consumers are entitled to a right of revocation according to the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the date of conclusion of the contract.
In order to exercise your right of withdrawal, you must inform us (Deutsche Film, Funk, Fernsehwerbung GmbH, Darmstädter Str. 170, 64625 Bensheim, e-mail email@example.com by means of a clear declaration (a letter or e-mail sent by post) of your decision to withdraw from this contract. You can use the attached sample cancellation form for this purpose, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
Sample cancellation form
If you want to cancel the contract, please fill out this form and send it back:
Email address: __________________
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):
-Ordered on (*)/Received on (*): _____________________________
-Name of consumer(s): ______________________________
-Address of consumer(s): _ ___________________________
Signature of the consumer(s) (only in case of notification on paper)
(*) Delete as applicable