1 Basic provisions

1.1 The deliveries, services and offers of Technikmarkt TMA e. K. (hereinafter referred to as “Seller”) are made exclusively on the basis of these terms and conditions (hereinafter referred to as “GTC”). They therefore also apply to all future business relationships, even if they are not expressly agreed again. References by the buyer (hereinafter referred to as “Customer”) to his terms and conditions are hereby contradicted.

1.2 These GTC apply to both consumers (§ 13 BGB) and businesses (§ 14 BGB). Unless the following GTC contain a separate reference, all conditions apply equally to contracts with businesses and consumers.

1.3 Additions or changes to the conditions require written confirmation by the delivery company. The original of the order is decisive for the content of the contract.

1.4 We can make formal changes to the goods, provided that these changes are not of a fundamental nature and the contractual purpose is not significantly restricted.

1.5 By placing the order in accordance with section 2.2, the customer agrees to these terms and conditions.

2 Conclusion of the contract

2.1 The subject of the contract is the sale of download products (digital content that is not delivered on a physical data carrier, such as digital product keys, access codes or other digitally available information) including associated licenses.

By placing the respective download product on our website, we make the customer a binding offer to conclude a contract under the conditions specified in the item description.

2.2 In the case of a contract for the delivery of digital goods, the seller is obliged to permanently provide the software specified in the license certificate in object code in the case of a contract for the delivery of software (hereinafter: “software purchase”). The seller is obliged to show a way to download the software and to provide a printed or downloadable version of the associated user documentation. Before the purchase price has been paid in full in accordance with clause 8, the user documentation provided is subject to the seller’s retention of title. The respective product description in the seller’s online shop or marketplace is decisive for the quality of the software. The seller is also obliged to grant the rights in accordance with clause 4.8.

2.3 The contract is concluded via the online shopping cart system:
The customer places the selected goods in the virtual shopping cart and goes through the electronic ordering process. By clicking on the button to complete the ordering process, the customer concludes a legally binding contract offer with regard to the goods contained in the shopping cart. The customer can also submit the offer to the seller by email.

2.4 The seller can accept the customer’s offer within five days by requesting payment from the customer after placing their order. This also includes selecting a payment method in the ordering process, through which payment is made before the ordered goods are dispatched. The deadline for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the sending of the offer. If the seller does not accept the customer’s offer within the aforementioned deadline, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.

2.5 The order is processed and all information required in connection with the conclusion of the contract is sent by email, as is the delivery of download products. The customer must therefore ensure that the email address he has provided to us is correct and that receipt of the emails is not prevented by SPAM filters.

3 Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller’s cancellation policy.

3.3 The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, are not members of a member state of the European Union and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.

4 Warranty

4.1 The statutory liability rights for defects apply.

4.2 The customer is requested to check the item for completeness and obvious defects immediately upon delivery and to inform us of any complaints as soon as possible. If the customer does not do so, this will have no effect on his statutory warranty claims.

4.3 Only our own information and the manufacturer’s product description are deemed to be agreed as the quality of the item, but not other advertising, public