Terms and Conditions
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter “GTC”) of Kampot Web Solutions (hereinafter “Seller”), apply to all contracts for the delivery of goods, which a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller regarding the goods presented by the Seller in its online store. The inclusion of the Customer’s own terms and conditions is hereby objected to unless otherwise agreed.
1.2 These GTC shall apply accordingly to contracts for the delivery of digital content, unless otherwise expressly agreed.
1.3 These GTC shall apply mutatis mutandis to contracts for the delivery of license keys, unless otherwise expressly agreed. In this context, the Seller owes the provision of a license key for the use of the software or content described by it as well as the granting of the contractually agreed rights to use 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 store shall be authoritative for the quality of the software or content.
1.4 A consumer in the sense of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
1.5 Digital content within the meaning of these GTC is all data not located on a physical data carrier, which is produced in digital form and provided by the seller under the granting of certain rights of use regulated in more detail in these GTC.
1.6 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-time delivery and the purchase of goods by way of a permanent delivery (hereinafter “Subscription Contract”). In the case of a subscription contract, the Seller undertakes to supply the Customer with the contractually owed goods for the duration of the agreed contract term at the contractually owed time intervals.
2) Conclusion of contract
2.1 The product descriptions contained in the Seller’s online store do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online store. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer may also submit the offer to the seller by telephone or by 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), in which case the receipt of the order confirmation by the Customer shall be decisive, or
-by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer shall be decisive, or
-by requesting payment from the customer after the customer has placed the order.
If several of the aforementioned alternatives exist, the contract shall be 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 customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
2.4 When submitting an offer via the Seller’s online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax, or letter) after the Customer has sent his order. The Seller shall not make the text of the contract accessible beyond this. If the Customer has set up a user account in the Seller’s online store before sending his order, the order data shall be archived on the Seller’s website and can be accessed by the Customer free of charge via his password-protected user account by providing the relevant login data.
2.5 Before bindingly placing the order via the Seller’s online order form, the Customer may recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.6 The German and English languages are available for the conclusion of the contract.
2.7 Order processing and contacting 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 by third parties commissioned by the seller to process the order can be delivered.
3) Right of withdrawal
3.1 Consumers are generally entitled to a right of revocation.
3.2 More detailed information on the right of withdrawal can be found in the seller’s cancellation policy.
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 indicated separately in the respective product description.
4.2 The payment option(s) will be communicated to the Customer in the Seller’s online store.
4.3 If prepayment by bank transfer is agreed, payment shall be due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.
4.4 If payment is made by means of a payment method offered by PayPal, 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: “PayPal”), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – subject to the Terms of Payment without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.5 If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. The payment is processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: “Stripe”). Stripe reserves the right to perform a credit check and to reject this payment method in case of a negative credit check.
5) Delivery and shipping terms
5.1 Goods are delivered by shipping to the delivery address provided by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller’s order processing shall be decisive.
5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This shall not apply with regard to the costs for the return shipment if the customer effectively exercises its right of revocation. In the event of an effective exercise of the right of revocation by the Customer, the provision made in the Seller’s revocation instructions shall apply to the return costs.
5.3 Self-collection is not possible for logistical reasons.
5.4 Digital content shall be provided to the customer exclusively in electronic form by email.
5.5 License keys shall be provided to the customer by email.
6) Granting of rights of use for digital content
6.1 Unless otherwise stated, the Seller grants the Customer the non-exclusive right, unlimited in time and place, to use the content provided for private and business purposes.
6.2 A 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 shall only become effective when the Customer has paid the contractually owed remuneration in full. The Seller may provisionally permit the use of the contractual content even before this point in time. Such provisional permission shall not constitute a transfer of rights.
6.4 All rights remain with the Seller in case the website was built free of charge. The Seller can leave a note at the bottom of the website footer which says that the website was “designed by Kampot Web Solutions” or “Creation by Dithmarscher Webdesign“.
7) Granting of rights of use for license keys
7.1 The license key provided shall entitle the customer to use the software or content apparent from the respective product description to the extent described therein.
7.2 The granting of rights shall only become effective when the customer has paid the remuneration owed in full.
7.3 If a website was created free of charge the Seller can revoke any licenses at any given moment.
8) Term and Termination of Subscription Agreements
8.1 Subscription contracts shall be concluded for an indefinite period of time, but at least for the minimum term indicated in the respective product description in the Seller’s online store. The Subscription Agreement may be terminated at any time during the minimum term at the end of the minimum term and at any time after the end of the minimum term with a notice period of 14 days.
8.2 The right to extraordinary termination for good cause remains unaffected. Good cause shall be deemed to exist if the terminating party, taking into account all circumstances of the individual case and weighing the interests of both parties, cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.
8.3 Notice of termination shall be given in writing or in text form (e.g. by e-mail).
9) Retention of title
9.1 If the Seller makes advance performance, it 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 the statutory liability for defects shall apply.
10.2 The Customer is requested to complain about delivered goods with obvious transport damage to the delivery person and to inform the Seller thereof. If the customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.
11) Applicable Law
11.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. 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 country in which the consumer has his habitual residence.
12) Place of Jurisdiction
12.1 If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the place of business 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. However, in the aforementioned cases, the Seller shall, in any case, be entitled to invoke the court at the Customer’s place of business.
