Terms and Conditions with Customer Information
Table of contents
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Scope
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Formation of contract
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Right of withdrawal
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Prices and payment
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Delivery of digital content
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Licence to use
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Term and termination for subscriptions
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Warranty for defects
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Governing law
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Alternative dispute resolution
1) Scope
1.1 These Terms and Conditions (T&Cs) of Matthias Steinmetz trading as “Taro Donatella” ( “we” or “us”) apply to all contracts for the supply of digital content concluded with you as a consumer or as a business regarding the content described in our online shop. Your own terms do not apply unless expressly agreed.
1.2 You are a consumer if you act for purposes that are predominantly outside your trade, business, or profession.
1.3 You are a business if you are a natural or legal person or partnership acting in the exercise of your trade or profession.
1.4 Depending on the product description, the contract may cover a one-time supply of digital content or recurring supply of digital content (a “subscription”). Under a subscription we provide the agreed digital content for the contract term at the agreed intervals.
2) Formation of contract
2.1 The content presented in our shop is not a binding offer. It invites you to submit a binding offer.
2.2 You submit your offer via the online order form. After placing the selected items in the cart and completing the steps, you place a legally binding order by clicking the button that completes checkout.
2.3 We may accept your offer within five days by:
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sending you an order confirmation in writing or text form, or
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providing the ordered content, or
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requesting payment after you submit the order.
If several alternatives occur, the contract is formed when the first of them occurs. The acceptance period starts on the day after you send your offer and ends at the close of the fifth day following. If we do not accept within that time, your offer is deemed rejected.
2.4 If you choose a PayPal payment method, payment is processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg under the PayPal terms: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or, if you do not have a PayPal account, under: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. Where you pay using a PayPal method selectable at checkout, we hereby accept your offer at the moment you click the button that completes checkout.
2.5 When you submit an order via our form, we store the contract text after conclusion and send it to you in text form (email, fax, or letter) after you place the order. We do not provide further access. If you created a user account before ordering, your order data is archived in your password-protected account and can be viewed there.
2.6 Before submitting a binding order you can identify and correct input errors by carefully reviewing on-screen information. Your browser’s zoom function can help. You can correct entries during the process until you click the button that completes checkout.
2.7 The contract language is German.
2.8 Order processing occurs by email. You must ensure the email address provided is correct and that you can receive our emails. If you use spam filters, ensure emails from us and our processors are delivered.
3) Right of withdrawal
Consumers generally have a right of withdrawal. Details are set out in our Withdrawal Policy.
4) Prices and payment
4.1 Prices shown are total prices and include statutory VAT.
4.2 For payments from outside the European Union, additional charges may apply that we do not control and that you must bear, for example bank transfer fees or currency conversion fees.
4.3 Available payment methods are shown in the shop.
4.4 If advance bank transfer is agreed, payment is due immediately after contract conclusion unless a later due date is agreed.
4.5 For the “PayPal direct debit” option, PayPal collects the invoice amount from your bank account after you grant a SEPA mandate and after any pre-notification period. Pre-notification is any notice to you (for example invoice or policy) announcing a SEPA debit. If the debit fails due to insufficient funds or incorrect details, or you object without entitlement, you must reimburse any bank chargebacks you caused.
5) Delivery of digital content
Digital content is provided as follows:
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direct access via our website
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download
6) Licence to use
6.1 Unless the product description states otherwise, we grant you a non-exclusive licence to use the content for private purposes only.
6.2 You may not share content with third parties or make copies for third parties outside these T&Cs unless we have consented to a transfer of the licence to that third party.
6.3 Where the contract is for a one-time supply, the licence takes effect only after full payment. We may allow provisional use earlier. Provisional use does not transfer rights.
7) Term and termination for subscriptions
7.1 Subscriptions run for an indefinite term with at least the minimum term shown in the product description. You may terminate at any time to the end of the minimum term and, after the minimum term, at any time with 14 days’ notice.
7.2 The right to terminate for cause remains unaffected. Good cause exists if, considering all circumstances and both parties’ interests, continuation until the agreed end or expiry of a notice period is unreasonable.
7.3 You may cancel in writing, in text form (for example by email), or electronically via the cancellation facility provided on our website (cancellation button).
8) Warranty for defects
Statutory defect rights apply.
9) Governing law
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer and your habitual residence is outside Germany, mandatory consumer protection rules of that country remain unaffected.
10) Alternative dispute resolution
We are neither obliged nor willing to participate in consumer dispute resolution proceedings before a consumer arbitration body.