1) Scope of application
1.1 These Terms and Conditions 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 with regard to 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 Terms and Conditions shall apply mutatis mutandis to contracts for the delivery of digital content, unless expressly provided otherwise.
1.3 These Terms and Conditions shall apply mutatis mutandis to contracts for the supply 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 within the meaning of these Terms and Conditions 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 Terms and Conditions 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 Terms and Conditions is all data that is not on a physical data carrier, is produced in digital form and is provided by the Seller under the granting of certain rights of use regulated in more detail in these Terms and Conditions.
1.6 The subject matter of the contract may be - depending on the Seller's product description - 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) Contract conclusion
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 can 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), 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's order has been sent. 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 will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding 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 shall ensure that the e-mail address provided by it for order processing is accurate 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 revocation
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 More detailed information on the right of withdrawal can be found in the seller's cancellation policy.
4) Prices and payment terms
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 has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
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 The delivery of goods shall be made by shipping to the delivery address specified 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 that the customer effectively exercises its right of revocation, the provision made in the seller's revocation instructions shall apply to the costs of returning the goods.
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 e-mail.
5.5 License keys shall be provided to the Customer by e-mail.
6) Granting of rights of use for digital content
6.1 Unless otherwise stated in the description in the Seller's online store, the Seller grants the Customer the non-exclusive right, unlimited in time and place, to use the ceded content 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 Terms and Conditions 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. A transfer of rights does not take place through such provisional permission.
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.
8) Term and termination of subscription contracts
8.1 Subscription contracts are concluded for an indefinite period of time, but at least for the minimum term shown 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 shall remain 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 Cancellations shall be made 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 Der Kunde wird gebeten, angelieferte Waren mit offensichtlichen Transportschäden bei dem Zusteller zu reklamieren und den Verkäufer hiervon in Kenntnis zu setzen. Kommt der Kunde dem nicht nach, hat dies keinerlei Auswirkungen auf seine gesetzlichen oder vertraglichen Mängelansprüche.
11) Applicable law
11.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase 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 state in which the consumer has his habitual residence.
12.1 Handelt der Kunde als Kaufmann, juristische Person des öffentlichen Rechts oder öffentlich-rechtliches Sondervermögen mit Sitz im Hoheitsgebiet der Bundesrepublik Deutschland, ist ausschließlicher Gerichtsstand für alle Streitigkeiten aus diesem Vertrag der Geschäftssitz des Verkäufers. Hat der Kunde seinen Sitz außerhalb des Hoheitsgebiets der Bundesrepublik Deutschland, so ist der Geschäftssitz des Verkäufers ausschließlicher Gerichtsstand für alle Streitigkeiten aus diesem Vertrag, wenn der Vertrag oder Ansprüche aus dem Vertrag der beruflichen oder gewerblichen Tätigkeit des Kunden zugerechnet werden können. Der Verkäufer ist in den vorstehenden Fällen jedoch in jedem Fall berechtigt, das Gericht am Sitz des Kunden anzurufen.