Terms & Conditions
General terms and conditions
Table of Contents
scope
Conclusion of contract
Right of withdrawal
Prices and terms of payment
Delivery and shipping conditions
Granting of usage rights for digital content
Granting of usage rights for license keys
Contract duration and contract termination for subscription contracts
Retention of title
Liability for defects (warranty)
Special conditions for the processing of goods according to certain specifications of the customer
Redemption of campaign vouchers
Redeeming gift vouchers
Applicable Law
Place of jurisdiction
Alternative dispute resolution
1) Scope
1.1 These general terms and conditions (hereinafter "GTC") of IT’S FOR US (hereinafter "seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") with the seller with regard to the seller in his Complete the goods displayed in the online shop. The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.
1.2 These terms and conditions apply accordingly to contracts for the delivery of digital content, unless otherwise expressly regulated.
1.3 These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly stipulated.
1.4 These terms and conditions apply accordingly to contracts for the delivery of tickets, unless otherwise expressly stipulated. These terms and conditions only regulate the sale of tickets for certain events specified in the seller's item description and not the implementation of these events. For the implementation of the events, only the legal provisions in the relationship between the customer and the organizer as well as any deviating conditions of the organizer apply. If the seller is not also the organizer, he is not liable for the proper implementation of the event, for which the respective organizer is solely responsible.
1.5 These terms and conditions apply accordingly to contracts for the delivery of license keys, unless otherwise expressly stipulated. The seller owes the provision of a license key for the use of the software or content described by him as well as the granting of the contractually agreed rights to use the respective software or content. The customer does not acquire any intellectual property in the software or in the content. The respective product description in the seller's online shop is decisive for the quality of the software or content.
1.6 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.7 Digital content within the meaning of these terms and conditions is all data that is not on a physical data carrier that is produced in digital form and provided by the seller with the granting of certain rights of use regulated more precisely in these terms and conditions.
1.8 The subject matter of the contract can - depending on the seller's product description - be both the purchase of goods by way of a one-off delivery and the purchase of goods by way of a permanent delivery (hereinafter referred to as “subscription contract”). With the subscription contract, the seller undertakes to deliver the contractually owed goods to the customer for the duration of the agreed contract period in the contractually owed time intervals.
2) Conclusion of the contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer for the goods in the shopping cart by clicking the button that concludes the ordering process.
2.3 The seller can accept the customer's offer within five days,
by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, by asking the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, 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.
2.4 If the payment method "Amazon Payments" is selected, the payment will be processed by the payment service provider Amazon Payments Europe sca, 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe user agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the customer selects “Amazon Payments” as the payment method during the online ordering process, he also issues a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the seller already declares the acceptance of the customer's offer at the point in time at which the customer triggers the payment process by clicking the button that completes the order process.
2.5 When submitting an offer via the seller's online order form, the text of the contract will be saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. e-mail, fax or letter) after his order has been sent. Any further provision of the contract text by the seller does not take place. If the customer has set up a user account in the seller's online shop before submitting his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.
2.6 Before the binding submission of the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the representation on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.7 German and English are available for the conclusion of the contract.
2.8 Order processing and contact are usually carried out by email and automated order processing. The customer must ensure that the e-mail address given by him to process the order is correct, so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or third parties commissioned by the seller to process the order can be delivered.
2.9 When ordering data carriers that are not suitable for minors (FSK or USK 18 articles), the customer confirms by sending the order that he has reached the legally required minimum age. The seller uses an age verification system to ensure that the customer has reached the legally required minimum age. The goods are therefore only handed over if the age has been successfully checked and the customer has been authenticated beforehand.
3) right of withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 More detailed information on the right of cancellation can be found in the seller's cancellation policy.
3.3 The right of withdrawal does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.
3.4 In accordance with Section 312g (2) No. 9 BGB, there is a right of withdrawal, unless otherwise agreed, not in the case of contracts for the provision of services in connection with leisure activities, if the contract provides for a specific date or period for the provision. According to this, a right of withdrawal is also excluded for contracts that involve the sale of tickets for time-bound leisure events.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller's product description, the prices given are total prices that include statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.
4.2 In the case of deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to the money transfer if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option (s) will be communicated to the customer in the seller's online shop.
4.4 If prepayment by bank transfer has been agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed a later due date.
4.5 If the payment method "SOFORT" is selected, the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via "SOFORT", the customer must have an online banking account activated for participation in "SOFORT", identify himself accordingly during the payment process and confirm the payment instruction to "SOFORT". The payment transaction is carried out immediately afterwards by "SOFORT" and the customer's bank account is debited. The customer can call up more information on the "SOFORT" payment method on the Internet at https://www.klarna.com/sofort/.
4.6 If you select a payment method offered by the "Klarna" payment service, the payment will be processed by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). More information and Klarna's terms and conditions can be found in the seller's payment information, which can be viewed at the following Internet address:
https://www.shop.itsforus.studio/shipping
5) Delivery and shipping conditions
5.1 The delivery of goods takes place on the dispatch route to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address given in the seller's order processing is decisive.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller. This does not apply with regard to the shipping costs if the customer effectively exercises his right of withdrawal. For the return costs, if the customer exercises his right of revocation, the provisions made in the seller's instructions on revocation apply.
5.3 Collection by the customer is not possible for logistical reasons.
5.4 Digital content is provided to the customer exclusively in electronic form as follows:
by download
by email
5.5 Vouchers are given to the customer as follows:
by download
by email
by post
5.6 Tickets are given to the customer as follows:
by download
by email
by post
5.7 License keys are given to the customer as follows:
by download
by email
by post
by display on the screen
6) Granting rights of use for digital content
6.1 Unless otherwise stated in the description of the content in the seller's online shop, the seller grants the customer the non-exclusive, spatially and temporally unlimited right to use the provided content for private and business purposes.
6.2 A transfer of the content to third parties or the creation of copies for third parties outside the scope of these terms and conditions is not permitted, unless the seller has consented to a transfer of the contractual license to the third party.
6.3 The granting of rights only becomes effective when the customer has paid the contractually owed remuneration in full. The seller can provisionally allow the contractual content to be used even before this point in time. A transfer of rights does not take place through such a provisional permit.
7) Granting of usage rights for license keys
7.1 The license key provided entitles the customer to use the software or content shown in the respective product description to the extent described there.
7.2 The granting of rights only becomes effective when the customer has paid the remuneration owed in full.
8) Contract duration and contract termination for subscription contracts
8.1 Subscription contracts are concluded for an unlimited period, but at least for the minimum term shown in the respective product description in the seller's online shop. The subscription contract can be terminated at any time during the minimum term at the end of the minimum term and after the minimum term can be terminated at any time with a notice period of 14 days.
8.2 The right to extraordinary termination for good cause remains unaffected. An important reason exists if the terminating party cannot be expected to continue the contractual relationship until the agreed termination or until a period of notice has expired, taking into account all the circumstances of the individual case and weighing the interests of both parties.
8.3 Cancellations must be made in writing or in text form (e.g. by email).
9) Retention of title
If the seller makes an advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
10) Liability for defects (warranty)
10.1 If the purchased item is defective, the provisions of statutory liability for defects apply.
10.2 The following applies to used goods: Claims for defects are excluded if the defect does not appear 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. However, the shortening of the liability period to one year does not apply
for things that have been used for a building in accordance with their normal use and have caused its defectiveness,
for claims for damages and reimbursement of expenses by the customer, as well as
in the event that the seller has fraudulently concealed the defect.
10.3 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage and to inform the seller thereof. If the customer does not comply, this has no effect on his statutory or contractual claims for defects.
11) Special conditions for the processing of goods according to certain specifications of the customer
11.1 If, according to the content of the contract, in addition to the delivery of the goods, the seller also owes the processing of the goods according to certain specifications of the customer, the customer has to the seller all the content required for the processing such as texts, images or graphics in the file formats, formatting, images specified by the seller - and file sizes available and grant him the necessary rights of use. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility that he has the right to use the content provided to the seller. In particular, he ensures that no rights of third parties are violated, in particular copyrights, trademarks and personal rights.
11.2 The customer exempts the seller from claims by third parties that the seller can assert against the customer in connection with a violation of their rights through the contractual use of the customer's content. The customer also assumes the reasonable costs of the necessary legal defense including all court and lawyer costs in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to immediately, truthfully and completely provide the seller with all information that is necessary for the examination of the claims and a defense.
11.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or against common decency. This applies in particular to the provision of unconstitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and / or violence-glorifying content.
12) Redemption of campaign vouchers
12.1 Vouchers that are issued by the seller free of charge as part of promotions with a certain period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period.
12.2 Promotion vouchers can only be redeemed by consumers.
12.3 Individual products can be excluded from the voucher campaign, provided that a corresponding restriction results from the content of the campaign voucher.
12.4 Promotion vouchers can only be redeemed before the order process has been completed. Subsequent billing is not possible.
12.5 Only one campaign voucher can be redeemed per order.
12.6 The value of the goods must be at least equal to the amount of the campaign voucher. Any remaining credit will not be refunded by the seller.
12.7 If the value of the campaign voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be used to settle the difference can be chosen.
12.8 The credit of a campaign voucher is neither paid out in cash nor is interest paid.
12.9 The campaign voucher will not be reimbursed if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.
12.10 The campaign voucher is only intended for use by the person named on it. A transfer of the campaign voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.
13) Redeeming gift vouchers
13.1 Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated in the voucher.
13.2 Gift vouchers and remaining balance of gift vouchers can be redeemed by the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.
13.3 Gift vouchers can only be redeemed before the order process has been completed. Subsequent billing is not possible.
13.4 Only one gift voucher can be redeemed per order.
13.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of other gift vouchers.
13.6 If the value of the gift voucher is insufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
13.7 The balance of a gift voucher is neither paid out in cash nor is interest paid.
13.8 The gift voucher is transferable. The seller can, with discharging effect, make payments to the respective owner who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the legal incapacity or the lack of authorization of the respective owner.
14) Applicable Law
14.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
14.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to any member state of the European Union at the time the contract is concluded and whose sole residence and delivery address are outside the European Union at the time the contract is concluded.
15) place of jurisdiction
If the customer acts as a merchant, legal entity under public law or a special fund under public law with headquarters in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the business location of the seller. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is always entitled to call the court at the customer's registered office.
16) Alternative dispute resolution
16.1 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 the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
16.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.