General Business Terms and Conditions, with customer information
2. Conclusion of contract
3. Right of revocation
5. Transfer of content
6. Granting of rights of use
7. Liability for defects
8. Applicable law
9. Alternative dispute resolution
1.1 These General Business Terms and Conditions of INSTRKTIV GmbH (hereinafter, the “Licensor”) apply to all contracts that a consumer or entrepreneur (hereinafter, the “Licensee”) concludes with the Licensor with respect to the delivery of data not contained on a physical data storage medium that are created or provided in digital form (digital content) and are depicted in the Licensor’s online store. Unless agreed otherwise, the inclusion of the Licensee’s own terms and conditions is hereby rejected.
1.2 The subject of contract is the transfer of digital content offered by the Licensor to the Licensee in electronic form under granting of certain rights of use, which are dealt with in more detail in these General Business Terms and Conditions.
1.3 A consumer within the meaning of these General Business Terms and Conditions means every natural person who concludes a transaction for purposes that cannot be predominantly attributed to his or her commercial or independent professional activity. An entrepreneur within the meaning of these General Business Terms and Conditions means a natural or legal person or a partnership with legal capacity that, when concluding a transaction, is acting in exercise of its commercial or independent professional activity.
2) Conclusion of contract
2.1 The content published in the Licensor’s online store does not constitute a binding offer by the Licensor but rather serves to enable the Licensee to submit a binding offer.
2.2 The Licensee may submit the offer using the online order form integrated in the Licensor’s online store. Once it has placed the selected content in the virtual shopping cart and completed the electronic ordering process, the Licensee submits a legally binding offer of contract with respect to the content in the shopping cart by clicking the button at the end of the ordering process.
2.3 The Licensor may accept the Licensee’s offer within five days
- by sending the Licensee an order confirmation by letter, fax, or email, whereby receipt of the order confirmation by the Licensee is controlling, or
- by transferring the order content to the Licensee, whereby receipt by the Licensee is controlling, or
- by requesting payment from the Licensee after submission of its order.
If several of the aforementioned alternatives apply, the contract comes into effect when one of the aforementioned alternatives occurs first. If the Licensor does not accept the Licensee’s offer within the aforementioned period, same is considered to be a refusal of the offer, with the consequence that the Licensee is no longer bound by its declaration of will.
2.4 The period for accepting the offer starts to run on the day after the Licensee sends the offer and ends at the conclusion of the fifth day following the sending of the offer.
2.5 If an offer is submitted using the Licensor’s online order form, the contract text is stored by the Licensor and sent to the Licensee, together with these General Business Terms and Conditions, by letter, fax, or email after it sends its order.
2.6 Prior to the binding submission of the order using the online order form, the Licensee may continuously correct its entries using the customary keyboard and mouse functions. In addition, prior to the binding submission of the order, all entries are once again displayed in the confirmation window and may also be corrected there using the customary keyboard and mouse functions.
2.7 Only German is available for conclusion of contract.
2.8 Order processing and contacts are generally handled by email and automated order processing. The customer must ensure that the email address provided by it for order processing is accurate so that emails sent by the Licensor to that address can be received. In particular, if it uses spam filters, the customer must ensure that all emails sent by the Licensor or third parties engaged by it for order processing can be received.
3) Right of revocation
In general, consumers have a right of revocation. More information about the right of revocation may be found in the Licensor’s revocation statement.
4.1 In exchange for granting rights in and to the relevant content, the Licensor receives a flat-rate licence fee whose amount is specified in the relevant item description.
4.2 The prices listed by the Licensor are total prices that include statutory value-added tax.
4.3 With regard to payment in countries outside of the European Union, additional costs may be incurred in some cases. The Licensor is not responsible for them, and they are for the account of the Licensee. They include, e.g. costs for the transfer of money by credit institutions (e.g. bank transfer fees, exchange rate fees).
4.4 A variety of payment options are available to the Licensee, and they are listed in the Licensor’s online store.
4.5 If the payment method “PayPal” is chosen, the payment is processed by the payment services provider PayPal (Europe) S.à.r.l. et Cie, S. C. A., 22-24 Boulevard Royal, L-2449 Luxembourg subject to PayPal’s terms and conditions of use, which may be viewed at https://www.paypal.com/uk/webapps/mpp/ua/useragreement-full.
5) Transfer of content
Content is transferred solely in electronic form by email or by download from the Licensor’s website.
6) Granting of rights of use
6.1 Unless provided otherwise in the content description in the Licensor’s online store, the Licensor grants the Licensee a perpetual, non-exclusive right unlimited in territory to use the transferred content for private and commercial purposes.
6.2 Transfer of content to third parties and creation of copies for third parties outside of the framework of these General Business Terms and Conditions are not permitted, unless the Licensor has consented to the transfer to the third party of the licence forming the subject of the contract.
6.3 The grant of rights does not become effective until the Licensee has paid the contractually owed compensation in full. The Licensor also may temporarily permit use of the content forming the subject of the contract prior to such time. A transfer of rights does not take place through such temporary permission.
7) Liability for defects
The statutory liability for defects is applicable.
8) Applicable law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, under exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law is applicable only insofar as it does not deprive the protection granted by the mandatory provisions of the law of the state in which the consumer maintains his or her habitual residence.
9) Alternative dispute resolution
9.1 The EU Commission provides a platform on the internet for online dispute resolution, which is available at the following link: http://ec.europa.eu/consumers/odr
This platform serves as a first point of contact for the out-of-court resolution of disputes concerning online purchase or services contracts in which a consumer is involved.
9.2 The seller is neither obligated nor prepared to participate in a dispute-resolution procedure before a consumer conciliation body.