1 Basic provisions
1.1 The deliveries, services, and offers of Technikmarkt TMA e. K. (hereinafter referred to as the „Seller“) are made exclusively on the basis of these General 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. Any references by the buyer (hereinafter referred to as „Customer“) to its own terms and conditions are hereby rejected.
1.2 These General Terms and Conditions apply to both consumers (§ 13 BGB) and entrepreneurs (§ 14 BGB). Unless otherwise specified in the following General Terms and Conditions, all conditions apply equally to contracts with entrepreneurs and consumers.
1.3 Additions or amendments to the terms and conditions require written confirmation by the supplying company. The original order form is decisive for the content of the contract.
1.4 We may make formal changes to the goods, provided that these changes are not fundamental in nature and do not significantly restrict the purpose of the contract.
1.5 By placing an order in accordance with Section 2.2, the customer agrees to these General Terms and Conditions.
2 Conclusion of contract
2.1 The subject matter of the contract is the sale of downloadable 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 the associated licenses.
By placing the respective download product on our website, we are making the customer a binding offer to conclude a contract under the terms and conditions specified in the item description.
2.2 In the case of a contract for the delivery of digital goods, the seller is obligated, in the case of a contract for the delivery of software (hereinafter: „software purchase“), to permanently provide the software specified in the license certificate in object code. The seller is obligated to provide a way to download the software as well as a printed or downloadable version of the associated user documentation. Prior to full payment of the purchase price in accordance with Section 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 Section 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 submits a legally binding contractual offer with regard to the goods contained in the shopping cart. The customer can also send the offer to the seller by email.
2.4 The seller may accept the customer's offer within five days by sending a payment request to the customer after the customer has placed the order. This also includes selecting a payment method in the ordering process whereby payment is made before the ordered goods are shipped. The period for accepting the offer begins on the day after the customer submits the offer and ends at the end of the fifth day after the offer is sent. If the seller does not accept the customer's offer within this period, this is considered a rejection of the offer, meaning that the customer is no longer bound by their declaration of intent.
2.5 Order processing and all information required in connection with the conclusion of the contract shall be carried out by email, as shall the delivery of download products. The customer must therefore ensure that the email address they have provided is correct and that the receipt of emails is not prevented by spam filters.
3 Right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's withdrawal policy.
3.3 The right of withdrawal does not apply to consumers who are not citizens of a member state of the European Union at the time of conclusion of the contract 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 rights of liability for defects apply.
4.2 The customer is requested to check the goods for completeness and obvious defects immediately after delivery and to notify us of any complaints as soon as possible. Failure to do so shall not affect the customer's statutory warranty claims.
4.3 The agreed quality of the goods shall be determined exclusively by our own specifications and the manufacturer's product description, but not by other advertising or public...
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