GENERAL TERMS AND CONDITIONS

General terms and conditions with customer information

 

table of contents

  1. Scope
  2. Conclusion of Contract
  3. Right of Withdrawal
  4. Prices and terms of payment
  5. Delivery and shipping conditions
  6. Granting of rights of use for digital content
  7. Granting of rights of use for license keys
  8. Contract duration and contract termination for subscription contracts
  9. retention of title
  10. Liability for defects (warranty)
  11. Special conditions for the processing of goods according to certain specifications of the customer
  12. Redeeming promotion vouchers
  13. Redeeming gift vouchers
  14. Applicable law
  15. place of jurisdiction
  16. Alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter “GTC”) of the Xanadu Evolution e.K. (hereinafter “Seller”), apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter “Customer”) with the Seller regarding the goods displayed by the Seller in his online shop. Herewith the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.

1.2 For contracts for the delivery of digital content, these General Terms and Conditions shall apply mutatis mutandis, unless otherwise expressly agreed.

1.3 These General Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise.

1.4 These GTC shall apply mutatis mutandis to contracts for the delivery of license keys, unless expressly agreed otherwise. The Seller owes the provision of a license key for the use of the software or content described by him as well as the granting of the contractually agreed rights for the use of the respective software or content. The customer does not acquire any intellectual property rights to the software or content. The respective product description in the seller’s online shop is decisive for the quality of the software or content.

1.5 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur in the sense of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

1.6 Digital content within the meaning of these GTC is all data that is not on a physical data carrier, which is produced in digital form and made available by the Seller under the granting of certain rights of use regulated more precisely in these GTC.

1.7 Depending on the Seller’s product description, the subject matter of the contract may be both the purchase of goods by way of a one-off delivery and the purchase of goods by way of a permanent delivery (hereinafter referred to as “subscription contract”). In a subscription agreement, the Seller undertakes to supply the Customer with the goods owed under the agreement for the duration of the agreed term of the agreement at the time intervals owed under the agreement.

2) Conclusion of contract

2.1 The product descriptions contained in the seller’s online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the seller’s online shop. After placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping basket by clicking the button completing the ordering process. Furthermore, the Customer may also submit the offer to the Seller by telephone or e-mail.

2.3 The Seller may accept the Customer’s offer within five days,

by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
by requesting payment from the customer after placing his order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the dispatch of the offer by the customer and ends with the expiry of the fifth day following the dispatch of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.

2.4 If the payment method “PayPal Express” is selected, the payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), in accordance with the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – in accordance with the Terms of Payment without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer selects “PayPal Express” as the method of payment within the framework of the online order process, he shall also place a payment order with PayPal by clicking the button completing the order process. In this case, the Seller hereby declares acceptance of the Customer’s offer at the point in time at which the Customer initiates the payment process by clicking the button completing the order process.

2.5 If the payment method “Amazon Payments” is selected, payment shall be processed via the payment service provider Amazon Payments Europe s.c.a., 5 Rue Plaetis, L-2338 Luxembourg (hereinafter referred to as “Amazon”), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590 If the customer selects “Amazon Payments” as the payment method within the framework of the online ordering process, he shall also issue a payment order to Amazon by clicking on the button completing the ordering process. In this case, the seller hereby declares acceptance of the customer’s offer at the point in time at which the customer triggers the payment process by clicking the button completing the order process.

2.6 When submitting an offer via the seller’s online order form, the text of the contract is saved by the seller after conclusion of the contract and transmitted to the customer in text form (e.g. e-mail, fax or letter) after sending the customer’s order. The seller shall not make the contract text accessible beyond this. If the customer has set up a user account in the seller’s online shop before sending his order, the order data will be archived on the seller’s website and can be retrieved by the customer free of charge via his password-protected user account by providing the corresponding login data.

2.7 Prior to binding submission of the order via the seller’s online order form, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors may be the zoom function of the browser, with the help of which the display on the screen is enlarged. Within the framework of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button completing the ordering process.

2.8 Only the German language is available for the conclusion of the contract.

2.9 The order processing and establishment of contact usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.

3) Right of revocation

3.1 In principle, consumers are entitled to a right of withdrawal.

3.2 Further information on the right of revocation can be found in the seller’s revocation instructions.

3.3 The right of revocation does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

4) Prices and terms of payment

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs will be stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.

4.3 The payment option(s) will be communicated to the customer in the seller’s online shop.

4.4 If prepayment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 If payment is made by means of a payment method offered by PayPal, the payment shall be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), in accordance with the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customer does not have a PayPal account – in accordance with the Terms of Payment without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

4.6 When selecting the payment method “PayPal Credit” (payment by instalments via PayPal), the Seller assigns his payment claim to PayPal. Before accepting the Seller’s declaration of assignment, PayPal will perform a credit check using the customer data provided. The seller reserves the right to refuse the customer the payment method “PayPal Credit” in case of a negative check result. If the payment method “PayPal Credit” is permitted by PayPal, the Customer shall pay the invoice amount to PayPal in accordance with the conditions specified by the Seller and communicated to the Customer in the Seller’s online shop. In this case he can only pay to PayPal with debt discharging effect. However, even in the case of assignment of the claim, the seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of revocation and revocation or credit notes.

4.7 If the payment method “IMMEDIATELY” is selected, payment shall be processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as “IMMEDIATELY”). In order to be able to pay the invoice amount “IMMEDIATELY”, the customer must have an online banking account with PIN/TAN procedure that has been activated for participation in “IMMEDIATELY”, legitimise himself accordingly during the payment process and confirm the payment instruction to “IMMEDIATELY”. The payment transaction is carried out immediately afterwards by “SOFORT” and the customer’s bank account is debited. The customer can call up more detailed information on the “SOFORT” payment method on the Internet at https://www.klarna.com/sofort/

4.8 If the payment method “Purchase on account” is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid without deduction within 7 (seven) days of receipt of the invoice, unless otherwise agreed. The seller reserves the right to offer the payment method invoice purchase only up to a certain order volume and to reject this payment method if the indicated order volume is exceeded. In this case, the seller will inform the customer in his payment information in the online shop about a corresponding payment restriction.

4.9 If the payment method “PayPal Direct Debit” is selected, PayPal shall collect the invoice amount from the customer’s bank account on behalf of the seller after a SEPA Direct Debit Mandate has been issued, but not before the expiry of the period for preliminary information. Pre-notification is any communication (e.g. invoice, policy, contract) to the Customer announcing a debit by SEPA Direct Debit. If the direct debit is not honoured due to a lack of sufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit although he is not entitled to do so, the customer shall bear the fees arising from the reversal of the debit entry by the respective credit institution if he is responsible for this.

5) Delivery and dispatch conditions

5.1 Unless otherwise agreed, goods shall be delivered by shipment to the delivery address specified by the customer. The delivery address stated in the Seller’s order processing is decisive for the transaction. Notwithstanding the foregoing, when selecting the payment method PayPal, the delivery address provided by the Customer to PayPal at the time of payment shall be decisive.

5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller had given him a reasonable notice of the service in advance. Furthermore, this does not apply with regard to the costs for the shipment if the customer exercises his right of revocation effectively. In the event that the customer exercises the right of revocation effectively, the provision of the seller’s revocation policy shall apply to the return costs.

5.3 Self-collection is not possible for logistical reasons.

5.4 Digital content is provided to the customer exclusively in electronic form as follows:

per Download
by e-mail
5.5 Vouchers are provided to the customer as follows:

by e-mail
postal
6) Granting of rights of use for digital content

6.1 Unless otherwise stated in the DeepL description in the seller’s online shop, the seller grants the customer the non-exclusive right, unlimited in time and place, to use the content provided exclusively for private purposes.

6.2 The 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 seller has agreed to a transfer of the contractual license to the third party.

6.3 The granting of rights only becomes effective when the customer has paid the contractually owed remuneration in full. The Seller may also provisionally permit the use of the contractual contents prior to this point in time. A transfer of the rights does not take place by such a provisional permission.

7) Granting of rights of use for license keys

7.1 The license key provided entitles the customer to use the software or content as described in the respective product description to the extent described therein.

7.2 The granting of rights shall not become effective until the Customer has paid the due remuneration in full.

8) Duration and termination of subscription contracts

8.1 Subscription contracts are concluded for an unlimited period and can be terminated by the customer at any time with a notice period of 14 days.

8.2 The right to extraordinary termination for good cause remains unaffected. An important reason exists if, taking into account all circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a period of notice.

8.3 Notices of termination shall be given in writing or in text form (e.g. by e-mail).

9) Retention of title

If the seller makes an advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.

10) Liability for defects (warranty)

10.1 If the purchased item is defective, the provisions of statutory liability for defects shall apply.

10.2 Notwithstanding the foregoing, this shall apply to used goods: Claims for defects are excluded if the defect only occurs after one year from delivery of the goods. Defects which occur within one year of delivery of the goods can be claimed within the statutory period of limitation. However, the reduction of the liability period to one year shall not apply.

for goods which have been used for a building in accordance with their usual use and which have caused its defectiveness,
for claims for damages and reimbursement of expenses on the part of the customer, and
in the event that the seller has fraudulently concealed the defect.
10.3 The customer is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller accordingly. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.

11) Special conditions for the processing of goods according to certain specifications of the customer

11.1 If, in accordance with the contents of the contract, the Seller owes not only the delivery of the goods but also the processing of the goods in accordance with certain specifications of the Customer, the Customer shall provide the Operator with all content required for processing such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the Operator and shall grant the Operator the necessary rights of use. The customer is solely responsible for the procurement and acquisition of rights to these contents. The customer declares and assumes responsibility for the fact that he has the right to use the content provided to the seller. In particular, he shall ensure that no third-party rights are infringed thereby, in particular copyrights, trademark rights and personal rights.

11.2 The Customer shall indemnify the Seller against any claims by third parties which they may assert against the Seller in connection with a violation of their rights through the contractual use of the contents of the Customer by the Seller. The customer shall also bear the reasonable costs of the necessary legal defence, including all court and attorney fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. The customer is obliged to provide the seller immediately, truthfully and completely with all information which is necessary for the examination of the claims and a defense in the case of a claim by third parties.

11.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates legal or official prohibitions or morality. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth endangering and/or violence glorifying content.

12) Redeeming action vouchers

12.1 Vouchers which are issued free of charge by the Seller within the framework of advertising campaigns with a certain validity period and which cannot be purchased by the Customer (hereinafter referred to as “Promotion Vouchers”) can only be redeemed in the Seller’s online shop and only within the specified period.

12.2 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.

12.3 Promotion vouchers can only be redeemed before completion of the order process. Subsequent settlement is not possible.

12.4 Only one promotion voucher can be redeemed per order.

12.5 The value of the goods must at least correspond to the amount of the promotion voucher. Any remaining credit will not be refunded by the seller.

12.6 If the value of the promotion voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.

12.7 The credit balance of a promotion voucher is neither paid in cash nor interest is paid on it.

12.8 The Promotion Voucher will not be refunded if the Customer returns the goods paid for in full or in part with the Promotion Voucher within the scope of his statutory right of withdrawal.

12.9 The promotional voucher is transferable. The seller can make payment with discharging effect to the respective owner, who redeems the promotional voucher in the online shop of the seller. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the legal incapacity or the lack of power of representation of the respective owner.

13) Redeeming gift vouchers

13.1 Vouchers which can be purchased via the online shop of the seller (hereinafter referred to as “gift vouchers”) can only be redeemed in the online shop of the seller, unless otherwise stated in the voucher.

13.2 Gift vouchers and remaining credit of gift vouchers are redeemable until the end of the third year after the year of the voucher purchase. Remaining credit will be credited to the customer up to the expiry date.

13.3 Gift vouchers can only be redeemed before the completion of the order process. Subsequent settlement is not possible.

13.4 Only one gift voucher can be redeemed per order.

13.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of further gift vouchers.

13.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to settle the difference.

13.7 The credit balance of a gift voucher is neither paid in cash nor interest is paid on it.

13.8 The gift voucher is transferable. The Seller may, with discharging effect, make payment to the respective owner who redeems the gift voucher in the Seller’s online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the nonauthorization, the legal incapacity or the lack of power of representation of the respective owner.

14) Applicable law

14.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws governing the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

14.2 Furthermore, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

15) Place of jurisdiction

If the customer acts as a merchant, legal entity under public law or special fund under public law with registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activity. In the aforementioned cases, however, the Seller shall in any case be entitled to appeal to the court at the Customer’s place of business.

16) Alternative dispute resolution

16.1 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 out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.

16.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.