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General Terms and Conditions

General Terms and Conditions with Customer Information

Table of Contents

  1. Scope of Application
  2. Conclusion of Contract
  3. Right of Withdrawal
  4. Prices and Payment Conditions
  5. Provision of Content
  6. Granting of Usage Rights
  7. Liability for Defects
  8. Applicable Law
  9. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of ScheKo GmbH (hereinafter referred to as the "Entrepreneur") apply to all contracts for the provision of data created and provided in digital form (digital content) concluded by a consumer or entrepreneur (hereinafter referred to as the "Customer") with the Entrepreneur regarding the digital content described by the Entrepreneur in their online shop. The inclusion of the Customer's own terms is hereby objected to unless something else is agreed upon.

1.2 A consumer, for the purposes of these GTC, is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity.

1.3 An entrepreneur, for the purposes of these GTC, is a natural or legal person or a legal partnership capable of holding rights that, when entering into a legal transaction, acts in the exercise of its commercial or self-employed professional activity.

2) Conclusion of Contract

2.1 The content described in the Entrepreneur's online shop does not constitute binding offers on the part of the Entrepreneur but serve to submit a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Entrepreneur's online shop. Upon doing so, the Customer, after placing the selected content in the virtual shopping cart and completing the electronic ordering process, submits a legally binding contractual offer regarding the content contained in the shopping cart by clicking the button concluding the ordering process.

2.3 The Entrepreneur 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 email), in which case the receipt of the order confirmation by the Customer is decisive, or
  • providing the ordered content to the Customer, or
  • requesting payment from the Customer after the Customer has placed their order.

If multiple of the above alternatives occur, the contract is concluded at the point in time when one of the above alternatives occurs first. The deadline for accepting the offer begins on the day following the submission of the offer by the Customer and ends with the expiration of the fifth day following the submission of the offer. If the Entrepreneur does not accept the Customer's offer within the aforementioned period, this shall be deemed as rejecting the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 When selecting a payment method offered by PayPal, the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal User Agreement, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal selectable during the online ordering process, the seller hereby declares acceptance of the customer's offer at the time when the customer clicks the button that completes the ordering process.

2.5 When selecting a payment method offered by Kinguin, the payment processing is conducted through the payment service provider Kinguin Digital Limited, located at 8/F On Hing Building, On Hing Terrace, Central, Hong Kong, with company number 2535963 (hereinafter referred to as "Kinguin"), subject to the Kinguin Terms of Service, accessible at https://www.kinguin.net/integration/terms-and-conditions. If the customer chooses a payment method offered by Kinguin during the online ordering process, the seller hereby accepts the customer's offer at the moment the customer clicks the button that completes the ordering process.

2.6 When submitting an offer via the Entrepreneur's online order form, the text of the contract is saved by the Entrepreneur after the contract is concluded and is transmitted to the Customer in written form (e.g., email, fax, or letter) after the Customer has sent their order. The Entrepreneur does not make the contract text available beyond this.

2.7 Before bindingly submitting the order via the Entrepreneur's online order form, the Customer can recognize 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 zoom function of the browser, which enlarges the screen display. The Customer can correct their entries within the scope of the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.8 The German language is available for the conclusion of the contract.

2.9 Order processing and communication usually occur via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct, so that emails sent by the Entrepreneur can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Entrepreneur or by third parties commissioned by them with order processing can be delivered.

3) Right of Withdrawal

Consumers generally have a right of withdrawal. Further information on the right of withdrawal can be found in the Entrepreneur's cancellation policy.

4) Prices and Payment Conditions

4.1 The prices specified by the Entrepreneur are total prices and include statutory value-added tax.

4.2 The payment options are specified in the Entrepreneur's online shop.

5) Provision of Content

Digital content is provided to the Customer as follows:

- via direct access through the Entrepreneur's website

6) Granting of Usage Rights

6.1 Unless otherwise specified in the content description in the Entrepreneur's online shop, the Entrepreneur grants the Customer non-exclusive, spatially and temporally unrestricted rights to use the provided content for private as well as commercial purposes.

6.2 Passing on the content to third parties or creating copies for third parties outside the scope of these GTC is not permitted unless the Entrepreneur has agreed to a transfer of the contractual license to the third party.

6.3 If the contract relates to the one-time provision of digital content, the granting of rights becomes effective only when the Customer has fully paid the contractually owed remuneration. The Entrepreneur may also provisionally allow the use of the contractual content before this time. Such provisional permission does not entail a transfer of rights.

7) Liability for Defects

The statutory liability for defects shall apply.

8) Applicable Law

For all legal relationships between the parties, the law of the Federal Republic of Germany applies, excluding the laws governing the international purchase of movable goods. This choice of law applies only to consumers insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.

9) Alternative Dispute Resolution

9.1 The European Commission provides a platform for online dispute resolution (ODR), which can be found at: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for out-of-court resolution of disputes arising from online purchase or service contracts in which a consumer is involved.

9.2 The Entrepreneur is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

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