General terms and conditions with customer information
Table of Contents
1.1 These Terms and Conditions of Business (hereinafter referred to as "General Terms and Conditions") of MEZ GmbH (hereinafter "Licensor") shall apply to all contracts for the delivery of data not made on a physical medium, A consumer or entrepreneur (hereinafter "licensee") with the licensor with regard to the digital content presented by the licensor in his online shop. This is without prejudice to the inclusion of the licensee's own conditions, unless otherwise agreed.
1.2 The subject matter of the contract is the provision of the digital content offered by the licensor to the licensee in electronic form, granting certain rights of use more precisely defined in these terms and conditions.
1.3 Consumers within the meaning of these General Terms and Conditions shall be any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed. Entrepreneurs within the meaning of these General Terms and Conditions is a natural or legal person or a legal person who is a legal person in the exercise of his commercial or independent professional activity when a legal transaction is concluded.
2.1 The content published in the Licensor's online shop does not constitute a binding offer by the licensor, but serves to provide a binding offer by the licensee.
2.2 The licensee may submit the offer via the online order form integrated into the online shop of the licensor. After the selected content has been placed in the virtual shopping cart and the electronic ordering process has been completed, the licensee releases a legally binding contract offer with regard to the content contained in the shopping cart by clicking the button closing the order process.
2.3 The Licensor may accept the Licensee's offer within five days,
(Fax or e-mail) to the licensee, in which case the receipt of the order confirmation by the licensee is decisive; or
By assigning to the licensee the ordered contents, whereby the access to the licensee is decisive, or
By requesting the licensee for payment after submitting his order.
If several of the above alternatives are present, the contract comes into force at the time when one of the above alternatives occurs first. If the licensor does not accept the offer by the licensee within the aforementioned deadline, this shall be deemed to be a rejection of the offer with the result that the licensee is no longer bound by his consent.
2.4 When the payment type "PayPal Express" is selected, payment processing takes place via the payment service provider PayPal (Europe) S.à r.l. Et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter 'PayPal'), subject to the PayPal Terms of Service, can be viewed at https://www.paypal.com/en/webapps/mpp/ua / Useragreement-full or - if the customer does not have a PayPal account - under the conditions of payments without PayPal account, can be viewed at https://www.paypal.com/en/webapps/mpp/ua/privacywax- Full If the customer selects the method of payment as part of the online ordering process "PayPal Express", he also issues a payment order to PayPal by clicking the button closing the order process. In this case, the seller, by way of deviation from paragraph 2.3, already declares acceptance of the offer by the customer at the time when the customer triggers the payment process by clicking on the button closing the order process.
2.5 The deadline for the acceptance of the offer begins on the day after the submission of the offer by the licensee and ends with the expiry of the fifth day following the submission of the offer.
2.6 When submitting an offer via the online order form of the licensor the contract text is stored by the licensor and sent to the licensee in text form (eg e-mail, fax or letter) after dispatching his order in addition to these terms. In addition, the contract text is archived on the website of the licensor and can be accessed free of charge by the licensee via his password-protected user account, indicating the corresponding login data provided that the licensee has created a user account in the online shop of the licenser before sending his order.
2.7 Prior to binding the order via the online order form, the licensee can correct his / her inputs continuously using the usual keyboard and mouse functions. In addition, all entries are displayed once again in a confirmation window before the binding delivery of the order and can also be corrected there using the usual keyboard and mouse functions.
2.8 Only the German language is available for the conclusion of the contract.
2.9 Order processing and contacting are generally carried out via e-mail and automated order processing. The customer has to ensure that the e-mail address specified by him for order processing is correct so that the e-mails sent by the licensor can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the licensor or by third parties commissioned by the order processing department can be sent.
Consumers are generally entitled to a right of revocation. Further information on the right of revocation can be found in the revocation instruction of the licensor.
4.1 The licensor receives a lump-sum license fee for the granting of rights to the respective contents, the amount of which is shown in the respective article description.
4.2 The prices stated by the Licensor are total prices and include the statutory value added tax.
4.3 Various license options are available to the Licensee, which are stated in the Licensor's online shop.
4.4 When selecting the type of payment "PayPal", payment processing takes place via the payment service provider PayPal (Europe) S.à r.l. Et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Service, can be viewed at https://www.paypal.com/en/webapps/mpp/ua/useragreement-full.
The contents are only available in electronic form by e-mail or by download from the website of the licensor.
6.1 The licensor grants the licensee the right to use the content for private purposes only to the private use of the contents of the content, which is not exclusive to the licensee.
6.2 Any transfer of the content to third parties or the making of copies for third parties outside the scope of these General Terms and Conditions is not permitted unless the Licensor has consented to the transfer of the contractual license to the third party.
6.3 The granting of rights shall take effect only if the licensee has paid the contractually agreed remuneration in full. The licensor may also provisionally allow the use of the contents of the contract even before this date. A transition of rights does not take place by such provisional permission.
The statutory liability for defects shall apply.
8.1 The law of the Federal Republic of Germany applies to all legal relations of the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice is valid only in so far as the protection afforded by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
8.2 If the licensee acts as a merchant, a legal person of public law or a public special fund with registered office in the territory of the Federal Republic of Germany, exclusive jurisdiction for all disputes arising from this contract is the place of business of the licensor. If the licensee is domiciled outside the territory of the Federal Republic of Germany, the place of business of the licensor is exclusive jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the licensee. The licensor is, however, in any case entitled to call the court at the registered office of the licensee.
9.1 The EU Commission provides an online dispute resolution platform at the following link: http://ec.europa.eu/consumers/odr
This platform serves as a point of departure for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
9.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer sacking agency.
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