General Terms and Conditions for the Sale of Digital Content
The following terms and conditions are provided in English for convenience purposes only. Please be advised that the jurisdictional language governing these terms is German. In case of any discrepancy or dispute, the German version shall prevail.
General
(1) These terms and conditions apply to all contracts and other services provided by Danielly Marko Design (hereinafter referred to as the "Seller") to its customers regarding the sale of digital content via the online shop www.houseofmarko.com. Deviating regulations of the customers do not apply unless expressly confirmed in writing by the Seller.
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(2) The business relations between the Seller and the customers are subject to the law of the Federal Republic of Germany. For consumers, this choice of law applies only 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granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
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(3) The place of jurisdiction is Frankfurt am Main, Germany, provided that the customer is a merchant, a legal entity under public law, or a special fund under public law. The same applies if a customer does not have a general place of jurisdiction in Germany or if the domicile or habitual residence is not known at the time the action is filed.
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(4) In individual cases, agreements made with the customer (including side agreements, supplements, and amendments) take precedence over these terms and conditions.
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(5) The contract language is German.
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(6) In the online shop, the customer can access and print the order overview as well as the General Terms and Conditions. Otherwise, the contract text is not stored by the Seller after the conclusion of the contract in the online shop and is therefore not accessible.
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(7) Customers who are consumers have the option to use alternative dispute resolution. The following link of the EU Commission (also known as the ODR platform) contains information about online dispute resolution and serves as a central point of contact for out-of-court settlement of disputes arising from online purchase contracts: http://ec.europa.eu/consumers/odr.
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(8) Information obligation according to the Consumer Dispute Settlement Act (§36 VSBG): The Seller is neither willing nor obliged to participate in further dispute resolution proceedings before a consumer arbitration board.
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Contractual Contents and Conclusion of Contract
(1) The Seller offers customers digital content for purchase in its online shop www.houseofmarko.com (not on a physical data carrier, hereinafter "digital content").
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(2) A purchase contract is concluded when the Seller accepts the customer's order. Price indications in the online shop do not constitute a legally binding offer. Before placing his order by clicking the "order with obligation to pay" button, the customer can correct all entries continuously using the usual touchscreen, keyboard, and mouse functions. Before placing his order, the customer can specify whether the Seller should commence the execution of a contract for digital content before the expiry of the withdrawal period. In addition, all entries are displayed again in a confirmation window before the order is placed and can also be corrected there using the usual touchscreen, keyboard, and mouse functions. The receipt and acceptance of the order are confirmed to the customer by email.
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(3) With the notification of the conclusion of the contract, the customer receives the contract text and these General Terms and Conditions, as well as the cancellation policy.
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Registration
(1) However, to purchase digital content, the customer must register free of charge and open a customer account. During registration, the customer provides his first and last names, email address, and place of residence. Communication between the Seller and the customer takes place via the specified email address. After completing the purchase, the customer receives an activation link by email. The customer must click on this link to successfully download the product and confirm his details (double opt-in).
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(2) The data requested by the Seller during registration must be provided completely and correctly. Customers must keep their access data confidential. If the data changes subsequently, customers are obliged to correct the information immediately.
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Prices, Value Added Tax, and Payment
(1) All prices include statutory value added tax.
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(2) The provision of digital content generally takes place after the customer's advance payment. Unless individually agreed otherwise, payment of the purchase price is made immediately after order confirmation by bank transfer, credit card, or PayPal.
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(3) Payment is due no later than 1 week after the conclusion of the contract.
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(4) If a customer defaults on his payment obligations, the Seller may demand damages in accordance with the statutory provisions.
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(5) The Seller always issues an invoice to the customer, which is sent to him in text form.
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Provision of Digital Content
(1) Digital content is made available to the customer after receipt of payment. For this purpose, the customer receives a link by email under which the customer can view and/or download the digital content purchased by him. The Seller points out that an internet connection must be established for each retrieval of the digital content.
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(2) The digital content is available for download by the customer for approximately 30 days.
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(3) The Seller may restrict access to its services if the security of network operations, the maintenance of network integrity, especially the prevention of serious disruptions to the network, software, or stored data, require this. In the event of service failures due to disruptions beyond the Seller's responsibility, a reduction is excluded. The same applies to service failures due to necessary operational interruptions (maintenance work).
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Liability for Material and Legal Defects
The Seller is liable for material and legal defects in accordance with the statutory provisions. Defects must be reported by the customer to the Seller within a warranty period of two years. Furthermore, the Seller is liable for material and legal defects in accordance with the statutory provisions.
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Disclaimer of Liability
(1) The Seller is liable for damages and impairments caused by computer viruses and outside the liability for material and legal defects, insofar as the cause of the damage is based on intent or gross negligence. It also liable for the negligent breach of essential obligations (obligations whose violation endangers the purpose of the contract) and for the breach of cardinal obligations (obligations, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer regularly relies), but only for the foreseeable, contract-typical damage. The Seller is not liable for the slight negligence of obligations other than those mentioned above.
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(2) The limitations of liability in the preceding paragraph do not apply in the event of injury to life, body, and health, for a defect after assuming a guarantee for the quality of the product, and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
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(3) If the Seller's liability is excluded or limited, this also applies to the personal liability of its employees, representatives, and vicarious agents.
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Copyrights and Usage Regulations for Digital Content
(1) The Seller reserves all industrial property rights and copyrights to all digital content, logos, illustrations, and other documents. Copyright notices, digital signatures, trademarks, and other reservations of rights contained in digital content may not be edited or removed. Digital content may not be further processed, modified in terms of content or editorially, sold, passed on, published, made available for download, edited, or otherwise transferred by the customer. The customer is not permitted to use the digital content for commercial purposes. The transfer of access data to the account or the link with the provided digital content is also prohibited.
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(2) The customer does not acquire ownership of digital content. The customer merely receives the simple, temporally unrestricted, personal, and non-transferable right to use the digital content for personal use. The customer is entitled to use the digital content for personal purposes and, for example, print it out or copy or save it on another computer or mobile device. The partial or complete transfer of the digital content, a copy, or a printout to third parties is prohibited. The customer is strictly prohibited from publicly reproducing, uploading the digital product to the internet or a company network, lending it, reselling it, or using it in any other way for commercial purposes.
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(3) In the event of unauthorized, abusive use of the Seller's online offer or a violation of these terms and conditions (including usage regulations), the Seller has the right, in particular, to temporarily or permanently block the customer's access. The Seller reserves the right to take criminal action in any case.
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Data Protection
The Seller collects, processes, and uses personal data in accordance with the statutory provisions and its privacy policy.
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Severability Clause
If a provision of these general terms and conditions is or becomes invalid, the remaining provisions shall remain unaffected. The invalid provision shall be replaced by one that economically comes closest to the meaning and purpose of the invalid provision in a legally effective manner. The same applies to any regulatory gaps.
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Cancellation Policy:
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Consumers are entitled to a right of withdrawal in accordance with the following provisions, whereby consumers are any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity.
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Right of Withdrawal for Digital Content (e.g., Downloads)
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You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the date of conclusion of the contract.
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To exercise your right of withdrawal, you must inform us Danielly Marko Design, Leberecht-Migge-Anlage 47, 60438 Frankfurt am Main, email marko@houseofmarko.com - by means of a clear statement (e.g., a letter sent by post or email) of your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not mandatory, for this purpose.
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To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
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Consequences of Withdrawal
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If you withdraw from this contract, we shall reimburse you for all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
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Please note:
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The right of withdrawal expires in the case of a contract for the supply of digital content not stored on a physical data carrier if we have begun with the execution of the contract after you have expressly agreed that we begin with the execution of the contract before the expiry of the withdrawal period and you have confirmed your knowledge that by giving your consent you lose your right of withdrawal with the beginning of the execution of the contract.
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End of the withdrawal policy for digital content
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Model Withdrawal Form
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If you wish to withdraw from the contract, please fill out this form and send it back:
To
Fax number: ____________________ Email address: __________________
I/We () hereby revoke the contract concluded by me/us () for the purchase of the following goods ()/ the provision of the following service ():
Ordered on ()/ received on ():
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only for paper communication)
Date
(*) Delete as appropriate