General Terms and Conditions
Table of Contents
- Scope of Application
- Conclusion of the Contract
- Right to Cancel
- Prices and Payment Conditions
- Shipment and Delivery Conditions
- Granting Rights of Use for Digital Content
- Granting Rights of Use for License Keys
- Contract Duration and Contract Termination Regarding Subscription Contracts
- Reservation of Proprietary Rights
- Special Conditions for the Processing of Goods According to Client’s Specifications
- Special Conditions for Assembly/Installation Services
- Redemption of Gift Vouchers
- Redemption of Campaign Vouchers
- Applicable Law
- Code of Conduct
- Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as GTC) of the company Ideaalnet Foundation (hereinafter referred to as “Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as “Client”) and the Seller relating to all goods and/or services presented in the Seller’s online shop. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.
1.2 These GTC regarding contracts for the supply of goods presented by the Seller in his print catalogue apply accordingly, unless expressly otherwise agreed upon.
1.3 These GTC regarding contracts for the supply of digital content apply accordingly, unless expressly otherwise agreed upon.
1.4 Regarding contracts for the delivery of vouchers, these GTC apply accordingly, unless expressly regulated otherwise.
1.5 For contracts regarding the delivery of vouchers, these Terms and Conditions shall apply accordingly, unless expressly agreed otherwise.
1.6 These GTC apply accordingly for the delivery of protection keys, unless expressly otherwise provided. In doing so, the Seller shall owe the provision of a protection key for the use of the software or content described by him as well as the granting of the contractually agreed rights for the use of the respective software or content. The Client does not acquire intellectual property rights to the software or content. The respective product description in the Seller’s online shop is decisive for the quality of the software or content.
1.7 A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity. A trader pursuant to these GTC is any natural or legal person or partnership with legal capacity acting in the performance of a commercial or self-employed occupational activity when concluding a legal transaction.
1.8 Digital content within the meaning of these GTC is all data not stored on tangible media, which are produced in digital form and provided by the Seller with the granting of certain rights of use specified in these GTC.
1.9 According to the Seller’ product description, the object of the contract may be the supply of goods by way of a one-time delivery or the supply of goods by way of a stable delivery (hereinafter referred to as “subscription contract”). In case of a subscription contract, the Seller commits to supply the Client with the contractually owed goods for the duration of the agreed contract period and at the contractually agreed time intervals.
1.10 Depending on the Seller’s product description, components of the Seller’s product range may be connected to a third-party provider (hereinafter referred to as a “Service Provider”) when concluding a contract for the provision of telecommunications services (hereinafter referred to as a “Telecommunications Contract”). In this case, the validity of the contract with the Seller depends on the conclusion of a Telecommunications Contract with the service provider and on the fact that the Client does not revoke the Telecommunications Contract. The telecommunications contract is subject to the corresponding statutory provisions and, if applicable, deviating contractual conditions of the respective Service Provider. The Seller acts only as an intermediary for such contracts.
2) Conclusion of the Contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but are merely descriptions which allow the Client to submit a binding offer.
2.2 The Client may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the virtual basket. The Client may also submit his offer to the Seller by telephone or e-mail.
2.3 In the case of ordered goods displayed shown in the Seller’s print catalogue, the Client may submit his offer by telephone, fax, e-mail or postal .. For this purpose, the Client may fill in the order form enclosed with the Seller’s print catalogue and send it back to the Seller.
2.4 The Seller may accept the Client’s offer within five days,
- by transferring a written order confirmation or an order confirmation in written form (fax or e-mail), insofar as receipt of order confirmation by the Client is decisive, or
- by delivering ordered goods to the Client, insofar as receipt of goods by the Client is decisive, or
- by requesting the Client to pay after placing his order.
The contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer, with the effect that the Client is no longer bound by his statement of intent.
If the Client chooses “PayPal Express” as payment method, he also initiates a payment order to PayPal by clicking the button finalizing the order process. In this case, the Seller hereby declares his acceptance of the Client’s offer at the time when the Client initiates the payment transaction by clicking the button finalizing the ordering process.
2.6 When submitting an offer via the Seller’s online order form, the text of the contract is stored by the Seller after the contract has been concluded and transmitted to the Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The Seller shall not make the contract text accessible beyond this. If the Client has set up a user account in the Seller’s online shop prior to sending his order, the order data shall be stored on the Seller’s website and can be accessed by the Client free of charge via his password-protected user account by specifying the corresponding login data.
2.7 Prior to submitting a binding order via the Seller’s online order form, the Client may recognize input errors by attentively reading the information displayed on the screen. Use of the enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors.
The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.
2.8 The German and the English language are exclusively available for the conclusion of the contract.
2.9 Order processing and contacting usually take place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.
3) Right to Cancel
3.1 Consumers are entitled to the right to cancel.
3.2 Detailed information about the right to cancel is provided in the Seller’s instruction on cancellation.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the product descriptions, prices indicated are total prices and include the statutory value-added tax. Any possible additional delivery and dispatch costs are specified separately in the respective product description.
4.2 Payment can be made using one of the methods mentioned in the Seller’s online shop.
4.3 In case of delivery to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which have to be borne by the Client. This includes, for example, transfer fees charged by banking institutes (transfer charges, exchange fees) or import duties or taxes (customs). Such additional costs regarding money transfer may also be incurred, if the Client carries out the payment from a country outside the European Union, even if delivery is not made in a country outside the European Union .
4.4 If prepayment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless the parties have arranged a later maturity date
4.5 If the payment method “purchase on account” is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid within 14 (fourteen) days from receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method “purchase on account” only up to a certain order volume, and he may refuse this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Client in his payment information displayed in the online shop of a corresponding payment restriction.
4.6 If the payment method “PayPal invoice” is selected, the Seller assigns his payment claim to PayPal. Before accepting the Seller’s declaration of assignment, PayPal carries out a credit check using the transmitted Client data. The Seller reserves the right to refuse the Client the payment method “PayPal invoice” in case of a negative credit check. If the payment method “PayPal Invoice” is accepted by PayPal, the Client must pay the invoice amount to PayPal within 30 days from receipt of the goods, unless PayPal specifies a different payment term. In this case, he can only make only payments with debt-discharging effect to PayPal. However, in the event of assignment of claims, the Seller shall remain responsible for general customer inquiries, e. g. regarding the goods, delivery time, dispatch, returns, complaints, cancellation declarations or credit notes. In addition, the General Terms and Conditions of Use for the use of the payment method “purchase” on account with PayPal shall apply; these conditions can be viewed at https://www.paypal.com/uk/webapps/mpp/ua/privacy-full.
4.7 If the SEPA direct debit payment method is selected, the invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before the deadline for pre-notification has expired. The direct debit will be collected when the ordered goods leave the Seller’s warehouse, but not before the deadline for pre-notification has expired. Pre-notification means any communication (e. g. invoice, policy, contract) of the Seller to the Client which announces a debit by means of SEPA direct debit. If the direct debit is not honored due to insufficient account coverage or due to the indication of an incorrect bank account, or if the Client objects to the debit, even though he is not entitled to do so, the Client shall bear the fees arising from the reversal of the respective bank, if he is responsible for this.
4.8 If the payment method “PayPal direct debit” is selected, PayPal collects the invoice amount from the Client’s bank account on behalf of the Seller after a SEPA direct debit mandate has been issued, but not before the deadline for pre-notification has expired. Pre-notification means any communication (e. g. invoice, policy, contract) to the Client announcing a debit via SEPA direct debit. If the direct debit is not honored due to insufficient account coverage or due to the indication of an incorrect bank account, or if the Client objects to the debit, even though he is not entitled to do so, the Client shall bear the fees arising from the reversal of the respective bank, if he is responsible for this.
4.9 In the case of subscription contracts, the purchase price for the goods to be delivered on a permanent basis is due for payment in advance for the agreed delivery interval. The respective payment options for the subscription will be communicated to the Client in the Seller’s online shop. If the Client selects the SEPA direct debit payment method and issues a corresponding SEPA direct debit mandate, amounts due are collected from the Client’s bank account at the beginning of the new delivery interval. If the direct debit is not honored due to insufficient account coverage or due to the indication of an incorrect bank account, or if the Client objects to the debit, even though he is not entitled to do so, the Client shall bear the fees arising from the reversal of the respective bank, if he is responsible for this. The Seller reserves the right to carry out a creditworthiness check when selecting the payment method “direct debit” and may reject this payment method in the event of a negative creditworthiness check.
4.11 When choosing the payment method “PayPal Credit” (instalment payment via PayPal), the Seller assigns his claims to PayPal. PayPal checks the creditworthiness using the transmitted client data prior to accepting the Seller’s declaration of assignment. The Seller reserves the right to refuse the payment method “PayPal Credit” to the Client in case of a negative outcome of the credit assessment. If the payment method “PayPal Credit” is accepted by PayPal, the Client has to pay the purchase price to PayPal subject to conditions defined by the Seller and displayed in his online shop. In this case, the Client can make payments with debt-discharging effects only to PayPal. In the case of assignment of claims, the Seller shall remain responsible for general customer inquiries regarding. inter alia, goods, delivery period, dispatch, returns, complaints, cancellation notice, deliveries or credit notes.
4.12 If a payment method offered via the payment service “mollie” is selected, the payment transaction is processed via the payment service provider Mollie B.V., Keizersgracht 313, 1016 EE Amsterdam, The Netherlands (hereinafter referred to as “mollie”). The individual payment methods offered via mollie are communicated to the Client in the online shop of the Seller. For the processing of payments, mollie may make use of other payment services, for which special payment conditions may apply, which the Client will be informed about separately if necessary. Further information about “mollie” is available on the Internet at https://www.mollie.com/en/privacy
4.13 If the payment method “immediate bank transfer” is selected, payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12,80339 Munich (hereinafter referred to as “IMMEDIATE”). In order to be able to pay the invoice amount via “immediate bank transfer,” the Client must have an online banking account that is activated for participation in “immediate bank transfer,” he must have the appropriate credentials during the payment process, and he must confirm the payment instruction to IMMEDIATE . The payment transaction will be executed immediately afterwards and the Client’s bank account debited accordingly. Further information on the payment method “immediate bank transfer” can be called up by the Client on the Internet at https://www.sofort.com/ger-DE/kaeufer/su/so-funktioniert-sofort-ueberweisung/.
5) Shipment and Delivery Conditions
5.1 Goods are generally delivered on dispatch route and to the delivery address indicated by the Client, unless agreed otherwise. In the case of an order placed via the Seller’s online order form, the delivery address specified in the online order form shall be decisive.
5.2 In case of subscription contracts, the Client has to inform the Seller immediately about changes of the delivery address.
5.3 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client’s control, or if he has been temporarily impeded from receiving the offered service, unless the Seller has notified the Client for a reasonable time in advance about the service.
5.4 In case the Client is a trader, the risk of accidental destruction and accidental deterioration of the sold goods shall be transferred to the Client upon delivery of the goods to the freight forwarder, carrier or other person or institution designated with the task of performing shipment. In case the Client is a consumer, the risk of accidental destruction and accidental deterioration of the sold goods shall in principle be transferred to the Client upon delivery of the goods to the Client or to an authorized recipient. Deviating from this, even in case the Client is a consumer, the risk of accidental destruction and accidental deterioration of the sold goods is transferred to the Client upon delivery of the goods to the freight forwarder, carrier or other person or institution designated with the task of performing shipment, if the Client has instructed the freight forwarder, carrier or other person or institution designated with the task of performing shipment to carry out the delivery of the goods and if the choice of this person or institution was not previously offered by the Seller.
5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods he shall inform the Client and grant him immediately counterperformance.
5.6 Personal collection is not possible for logistical reasons.
5.7 Digital content will be provided to the Client exclusively in electronic form as follows:
- by download
- by e-mail
5.8 Vouchers will be provided to the Client as follows:
- by download
- by e-mail
5.9 Licence keys will be granted as follows:
- by download
- by e-mail
6) Granting Rights of Use for Digital Content
6.1 Unless otherwise stipulated in the description of contents displayed in the Seller’s online shop, the Seller grants the Client the non- exclusive right, unlimited in relation to place and time to use the content supplied for private and professional purposes .
6.2 Passing on the content to third parties or making copies for third parties outside the scope of these General Terms and Conditions is not permitted, unless the Seller has consented to the transfer of the contractual license to the third party.
6.3 The granting of rights shall become effective only when the Client has fully paid the contractually owed remuneration. The Seller may also grant provisional permission to use the contractual content before this date. Such provisional authorization does not constitute a transfer of rights.
7) Granting Rights of Use for License Keys
7.1 The license key provided entitles the Client to use the software or content as described in the respective product description.
7.2 The granting of rights shall become effective only when the Client has fully paid the owed remuneration.
8) Contract Duration and Contract Termination Regarding Subscription Contracts
8.1 Subscription contracts are concluded for an unlimited period of time, but at least for the minimum term as indicated in the respective product description in the Seller’s online shop. The subscription contract may be terminated at any time during the minimum term at the end of this term and after expiry of the minimum term with a 14-day period of notice.
8.2 The right to immediate termination for important reasons remains unaffected.
A reason is considered important when the continuation of the contract until the end of the agreed contractual period or until expiry of the notice period for termination is no longer reasonable, taking into account all circumstances of the particular case and with balanced judgement of mutual interests
8.3 Notices of termination must be made in writing or in text form (for example by e-mail). .
9) Reservation of Proprietary Rights
If the Client is a consumer, the Seller retains title of ownership to the delivered goods until the purchase price owed has been paid in full.
9.1 If the Client is a trader, the Seller reserves title to the goods delivered until the fulfillment of all claims arising out of the current business relationship.
9.2 If the Client is a trader, he is entitled to resell the reserved goods in the course of regular business operations. All claims resulting from such course of business against a third party shall herewith be assigned in advance to the Seller in the amount of the respective invoice value (including VAT). This assignment of claims shall be valid regardless of whether the reserved goods are processed prior to or after resale or not. The Client remains entitled to collect the claims even after assignment. However, the Seller shall refrain from collecting the claims as long as the Client meets his payment obligations, he is not in default, and no application has been lodged to open insolvency proceedings.
Should the object of purchase be deficient, statutory provisions shall apply. Deviating therefrom, the following shall apply:
10.1 For traders,
- a marginal defect shall generally not constitute warranty claims defects,
- the Seller may choose the type of subsequent performance,
- for new goods, the limitation period for defects shall be one year from transfer of risk,
- for used goods, rights and claims for defects are generally excluded,
- the limitation period shall not recommence if a replacement delivery is carried out within the scope of liability for defects.
10.2 If the Client acts as a consumer, the following restriction applies to used goods: Claims for defects are excluded if the defect does not occur until one year after delivery of the goods. Defects that occur within one year of delivery of the goods can be asserted within the statutory limitation period.
10.3 The aforementioned limitations of liability and the restrictions of limitation periods do not apply
- to a product, which was not used, in accordance with its usual application, for building construction and which was the cause of the building’s defectiveness,
- to claims for damages and reimbursement of expenses by the Client.
- If the Seller has fraudulently concealed the defect.
10.4 Furthermore, for traders the statutory limitation periods for recourse claims pursuant to section 445b of the German Civil Code (BGB) remain unaffected.
10.5 If the Client is a businessperson pursuant to section 1 of the German Commercial Code (HGB) he has the commercial duty to examine the goods and notify the Seller of defects pursuant to section 377 HGB. Should the Client neglect the obligations of disclosure specified therein, the goods shall be deemed approved.
10.6 If the Client is a consumer, the forwarding agent has to be immediately notified of any obvious transport damages and the Seller has to be informed accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.
10.7 The Seller shall not be liable for defects in the performance of the telecommunications contract for which the respective service provider is solely responsible. In this respect, the relevant statutory provisions and any deviating contractual conditions of the respective service provider shall apply.
The Seller shall be liable to the Client for any contractual and quasi-contractual claims and for claims of liability in tort regarding damages and effort compensation as follows:
11.1 The Seller shall face unlimited liability regardless of the legal ground
– in case of intent or gross negligence,
– in case of injuries of life, body, or health resulting from intent or negligence,
– in case of a promise of guarantee, unless otherwise provided,
– in case of liability resulting from mandatory statutory provisions such as the product-liability-law.
11.2 If the Seller negligently infringes an essential contractual duty, the liability to pay damages shall be limited to the foreseeable, typically occurring damage, unless unlimited liability applies pursuant to the aforementioned Section. Essential significant contractual obligations are obligations the contract imposes on the Seller according to its content to meet the purpose of the contract and whose fulfillment is essential for the due and proper implementation of the contract and on the fulfillment of which the Client can regularly rely.
11.3 For the rest, the Seller’s liability is excluded.
11.4 The aforementioned provisions on liability apply also to the Seller’s liability regarding his legal representatives and vicarious agents.
12) Special Conditions for the Processing of Goods According to Client’s Specifications
12.1 If, according to the terms of the contract, the Seller owes the delivery of the goods as well as the processing of the goods according to certain specifications of the Client, the Client shall make available to the operator all contents required for processing such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the operator and shall grant the operator the necessary rights of use. The Client is solely responsible for the procurement and acquisition of rights for such content. The Client declares and assumes responsibility that he has the right to use the content provided to the Seller. In particular, he shall ensure that no third-party rights are infringed thereby, in particular copyrights, trademark rights and personal rights.
12.2 The Client shall indemnify the Seller from claims of third parties asserted against the Seller in connection with a violation of their rights by the Seller’s contractual use of the Client’s content. The Client shall also bear the reasonable costs required for the necessary legal defense, including all court and lawyer’s fees according to the statutory rate. This shall not apply if the Client is not responsible for the infringement. In the event of claims by third parties, the Client shall be obliged to provide the Seller promptly, truthfully, and completely with all information that is necessary for the verification of the claims asserted for a corresponding defense.
12.3 The Seller reserves the right to refuse processing orders, if the content provided by the Client for this purpose violates legal or official prohibitions or morality. This shall apply in particular to the provision of content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, or youth-endangering, and/or if it glorifies violence.
13) Special Conditions for Assembly/Installation Services
If, according to the contents of the contract, the Seller owes, in addition to the delivery of the goods, the assembly or installation of the goods at the Client’s premises as well as any appropriate preparatory measures (e.g. measurement), the following shall apply:
13.1 The Seller shall perform his services at his discretion either himself or by qualified personnel selected by him. The Seller may also make use of the services of third parties (subcontractors) acting on the Seller’s behalf. Unless otherwise stated in the Seller’s description of services, the Client shall not be entitled to the selection of a specific person to perform the desired service.
13.2 The Client shall provide the Seller with the complete and truthful information required for the provision of the service owed, provided that the procurement of such information does not fall within the Seller’s obligations under the terms of the contract.
13.3 The Seller shall contact the Client after conclusion of the contract in order to arrange a date with the Client for the performance owed. The Client shall ensure that the Seller or the personnel commissioned by the Seller have access to the Client’s facilities at the agreed time .
13.4 The risk of accidental loss and accidental deterioration of the goods sold shall not pass to the Client until the assembly work has been completed and the goods have been handed over to the Client.
14) Redemption of Gift Vouchers
14.1 Vouchers which can be purchased via the Seller’s online shop (hereinafter referred to as “gift vouchers”) can be redeemed only in the Seller’s online shop.
14.2 Gift vouchers and remaining assets of gift voucher can be redeemed by the end of the third year following the year of the gift vouchers’ purchase. Remaining assets will be credited to the Client’s voucher account.
14.3 Gift vouchers must be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.
14.4 Only one gift voucher can be redeemed per order.
14.5 Gift vouchers can be used only for the purchase of goods and not for the purchase of other gift vouchers.
14.6 If the value of the gift voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.
14.7 The gift voucher credit will not be redeemed in cash and is not subject to any interest.
15) Redemption of Campaign Vouchers
15.1 Vouchers which are issued by the Seller free of charge, for a specific period of validity in the context of promotional activities and which cannot be purchased by the Client (hereinafter referred to as “campaign vouchers”) can be redeemed only in the Seller’s online shop and only within the indicated time period.
15.2 Individual products may be excluded from the voucher campaign, if such a restriction results from the conditions of the campaign voucher.
15.3 Campaign vouchers must be redeemed prior to the conclusion of the order procedure. Subsequent offsetting is not possible.
15.4 Only one campaign voucher can be redeemed per order.
15.5 The goods value should at least be equal to the amount of the campaign voucher. The Seller will not refund remaining assets.
15.6 If the value of the campaign voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.
15.7 The campaign voucher credit will not be redeemed in cash and is not subject to any interest.
15.8 The campaign voucher will not be redeemed if the Client, in the context of his legal right to cancel, returns goods paid fully or partially by a campaign voucher.
15.9 Campaign vouchers are only intended for the use of the person designated on the voucher. Transferring the campaign voucher to a third party is not permitted. The Seller is entitled but not obliged to check the entitlement of the respective voucher owner.
16) Applicable Law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
17) Code of Conduct
– The Seller has agreed to the conditions of participation for the e-commerce initiative “Fairness in Commerce”, which can be viewed at https://www.fairness-im-handel.de/teilnahmebedingungen/.
18) Alternative Dispute Resolution
18.1 The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr.
This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.
18.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.