General terms and conditions with customer information
Table of contents
- Conclusion of contract
- Right of withdrawal
- Transfer of the contents
- Granting of rights of use
- Liability for defects
- Applicable law
- Alternative dispute resolution
1) Scope of application
These General Terms and Conditions (hereinafter referred to as “GTC”) of Fansoria (hereinafter referred to as “Licensor”), apply to all contracts for the delivery of data not contained on a physical data carrier, which are produced and provided in digital form (digital contents), which a consumer or entrepreneur (hereinafter referred to as “Licensee”) concludes with the Licensor regarding the digital contents displayed by the Licensor in his online shop. Herewith the inclusion of the licensee’s own conditions is contradicted, unless otherwise agreed.
Subject matter of the contract is the transfer of the digital contents offered by the licensor to the licensee in electronic form under the granting of certain rights of use which are more precisely regulated in these General Terms and Conditions.
Consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his self-employed professional activity. An entrepreneur in the sense of these General 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.
2) Conclusion of contract
The contents published in the online shop of the licenser do not represent binding offers on the part of the licenser but serve for the submission of a binding offer by the licensee.
The licensee can submit the offer via the online order form integrated into the licensor’s online shop. In doing so, the Licensee, after having placed the selected contents in the virtual shopping cart and having gone through the electronic ordering process, submits a legally binding offer to enter into a contract with respect to the contents contained in the shopping cart by clicking the button concluding the ordering process.
The Licensor may accept the Licensee’s offer within five days,
- by sending the Licensee a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the Licensee is decisive, or
- by providing the licensee with the ordered contents, whereby the access to the licensee is decisive, or
- by requesting the licensee to pay after the order has been placed.
If there are several of the alternatives, the contract is concluded at the point in time when one of the alternatives occurs first. If the licensor does not accept the licensee’s offer within the period, this shall be considered as a rejection of the offer with the consequence that the licensee is no longer bound by his declaration of intent.
The period for acceptance of the offer begins on the day after the licensee sends the offer and ends with the expiry of the fifth day following the sending of the offer.
When submitting an offer via the Licensor’s online order form, the text of the contract will be saved by the Licensor after the conclusion of the contract and sent to the Licensee in text form (e.g. e-mail, fax or letter) after the Licensee has sent off his order. The licenser will not make the text of the contract accessible beyond this. If the Licensee has set up a user account in the Licensor’s online shop before sending his order, the order data will be archived on the Licensor’s website and can be accessed free of charge by the Licensee via his password-protected user account by entering the corresponding login data.
Before the binding submission of the order via the online order form, the licensee can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed once again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
Only the German language is available for the conclusion of the contract.
The order processing and contact are usually carried out by 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 licensor can be received at this address. When using SPAM filters, the customer must ensure that all e-mails sent by the licenser or third parties commissioned by the licenser to process the order can be delivered.
3) Right of withdrawal
Consumers are generally entitled to a right of withdrawal. More detailed information on the right of revocation can be found in the revocation instruction of the licensor.
For the granting of rights to the respective content, the Licensor shall receive a lump-sum license fee, the amount of which is specified in the respective item description.
The prices quoted by the Licensor are total prices and include the statutory value added tax.
In the case of payments in countries outside the European Union, further costs may arise in individual cases for which the licensor is not responsible and which are to be borne by the licensee. These include, for example, costs for the transfer of funds through credit institutions (e.g. transfer fees, exchange rate charges).
Various payment options are available to the licensee, which are specified in the online shop of the licensor.
If advance payment 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.
5) Transfer of the contents
The content is provided exclusively in electronic form by e-mail or by download from the licensor’s website.
6) Granting of rights of use
Unless otherwise stated in the description in the Licensor’s online shop, the Licensor grants the Licensee the non-exclusive right to use the content provided for private and business purposes, unlimited in terms of time and place.
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 licensor has agreed to a transfer of the contractual license to the third party.
The granting of rights shall only become effective when the Licensee has paid the contractually owed remuneration in full. The licenser may also provisionally allow the use of the contents of the contract before this time. Such provisional permission does not constitute a transfer of rights.
7) Liability for defects
The statutory liability for defects applies.
8) Applicable law
If the licensee acts as a merchant, legal entity under public law or 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 is the registered office of the licensor. If the Licensee has its registered office outside the territory of the Federal Republic of Germany, the Licensor’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this Agreement if the Agreement or claims arising from the Agreement can be attributed to the Licensee’s professional or commercial activities. In the above cases, however, the Licensor is in any case entitled to take legal action at the court at the Licensee’s place of business.
9) Alternative dispute resolution
The EU Commission provides a platform for online dispute resolution on the Internet under 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 purchase or service contracts in which a consumer is involved.
The Licensor is neither obliged nor willing to participate in dispute resolution proceedings before a consumer dispute resolution body.