General Terms and Conditions & Customer Information
I. General Terms and Conditions
§ 1 Basic provisions
(1) The following terms and conditions apply to contracts you enter into with us as provider (Eugen Leven) via the website www.sewa-os.com. Unless otherwise agreed, the inclusion of any of your own terms and conditions is objected to.
(2) A "consumer" within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. A "business" is any natural or legal person or partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or profession.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of digital content (data created and provided in digital form).
(2) By listing the respective digital content on our website, we already make you a binding offer to conclude a contract via the online shopping cart system, under the conditions stated in the item description.
(3) The contract is concluded via the online shopping cart system as follows: The digital content intended for purchase is placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time. After clicking the "Checkout" or "Proceed to order" button (or a similarly labelled button) and entering your personal details as well as the payment terms, the order data is finally displayed to you as an order summary.
Before submitting the order, you have the opportunity to check the details in the order summary again, to change them (including via the "back" function of the internet browser), or to cancel the order.
By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order subject to a fee", "pay" / "pay now" or a similarly labelled button), you legally bindingly declare acceptance of the offer, whereby the contract is concluded.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract takes place partly automated by email. You must therefore ensure that the email address provided to us is correct, that the receipt of emails is technically ensured, and in particular that it is not prevented by spam filters.
§ 3 Usage licence for digital content
(1) The digital content offered is protected by copyright. For each digital content item purchased from us, you receive a usage licence from the respective licensor. The nature and scope of the usage licence result from the licence terms stated in the respective offer.
§ 4 Contract duration / cancellation for subscription contracts
(1) The subscription contract concluded between you and us has the term stated in the respective offer, hereinafter referred to as the "basic term". A basic term of more than 2 years cannot be agreed.
(2) If the subscription contract is not cancelled by either party one month before the end of the basic term (unless a shorter notice period is specified in the respective offer), it is automatically extended for an indefinite period.
The extended contractual relationship may be cancelled at any time with one month's notice (unless a shorter notice period is specified in the respective offer).
(3) The right to extraordinary termination for good cause remains unaffected.
(4) Every cancellation must be declared and transmitted either in text form (e.g. email) or via the cancellation button integrated on our website ("cancel contracts here" or similarly labelled).
§ 5 Special agreements on offered payment methods
Payment via "Stripe"
If you select a payment method offered via "Stripe", payment processing is carried out by the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods via "Stripe" are shown to you under an appropriately labelled button on our website and during the online ordering process. "Stripe" may use further payment services for payment processing; insofar as special payment conditions apply to these, you will be notified of them separately. Further information on "Stripe" can be found at https://stripe.com/de.
§ 6 Right of retention
You may only exercise a right of retention if it concerns claims arising from the same contractual relationship.
§ 7 Warranty
(1) The statutory liability for defects applies.
(2) Where a feature of the digital content deviates from the objective requirements, the deviation is only considered agreed if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.
(3) If you are a business, the following applies in deviation from the above warranty provisions:
- a) Only our own statements and the manufacturer's product description are considered agreed as the condition of the digital content, but not other advertising, public statements and pronouncements of the manufacturer.
- b) In the event of defects, we will, at our discretion, provide warranty through rectification or replacement delivery. If the remedy of the defect fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The remedy of the defect is deemed to have failed after an unsuccessful second attempt, unless something else results in particular from the nature of the digital content or the defect or the other circumstances.
- c) The warranty period is one year from delivery of the digital content. The shortening of the period does not apply to: damages culpably caused by us arising from injury to life, body or health, and to other damages caused intentionally or through gross negligence; insofar as we fraudulently concealed the defect or assumed a guarantee for the condition of the digital content; for items that have been used for a building in accordance with their usual use and have caused its defectiveness; for statutory recourse claims that you have in connection with defect rights against us.
§ 8 Choice of law
(1) German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (favourability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) expressly do not apply.
II. Customer information
1. Identity of the seller
Eugen Leven
Kirchdamm 15
32278 Kirchlengern
Germany
Phone: +49 152 21661812
Email: info@sewa-os.com
We are not willing and not obliged to participate in dispute resolution proceedings before a consumer arbitration board.
2. Information on the conclusion of the contract
The technical steps for concluding the contract, the conclusion of the contract itself, and the correction options are carried out in accordance with the provisions "Conclusion of the contract" in our General Terms and Conditions (Part I).
3. Contract language, storage of the contract text
3.1. The contract language is German.
3.2. We do not store the complete contract text. Before submitting the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After we receive the order, the order data, the legally required information for distance contracts, and the General Terms and Conditions are sent to you again by email.
4. Essential characteristics of the goods or service
The essential characteristics of the goods and/or service can be found in the respective offer.
5. Prices and payment terms
5.1. The prices stated in the respective offers, as well as the shipping costs, represent total prices. They include all price components, including all applicable taxes.
5.2. No shipping costs are incurred.
5.3. If delivery takes place to countries outside the European Union, additional costs for which we are not responsible may be incurred, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees charged by credit institutions), which you must bear.
5.4. Any money transfer costs incurred (transfer or exchange rate fees charged by credit institutions) must be borne by you in cases where delivery is made to an EU member state, but payment was initiated from outside the European Union.
5.5. The payment methods available to you are shown under an appropriately labelled button on our website or in the respective offer.
5.6. Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due immediately.
6. Provision
6.1. The conditions for provision, the provision date, and any existing provision restrictions can be found under an appropriately labelled button on our website or in the respective offer.
7. Statutory liability for defects
Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).
8. Contract duration / cancellation
Information on the contract duration and the cancellation conditions can be found in the "Contract duration / cancellation for subscription contracts" provision in our General Terms and Conditions (Part I) as well as in the respective offer.
These Terms & Conditions and customer information (German original) were created by lawyers specialising in IT law at Händlerbund and are permanently checked for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of formal warnings. More information: haendlerbund.de/agb-service.