The following terms and conditions regulate the use and the claim for the shop offer under the domain shop.timohoenig.com (hereinafter referred to as "Shop"). The contractual partner and service provider (hereinafter referred to as "Seller") is:
Timo Hönig
Volksfeststraße 20/8
4020 Linz
AUSTRIA
VAT ID: ATU79241624
office@timohoenig.com
REPRESENTED BY
Timo Hönig
CONTACT INFORMATION
E-Mail: office@timohoenig.com
VAT number: ATU79241624
The seller provides his services on the basis of the terms and conditions in the version valid at the time of the conclusion of the contract. All offers of the shop can be changed without prior notice.
§1 GENERAL / DESCRIPTION OF THE SERVICE
The customer can purchase Presets and Editing Assets as a file as a file via the Shop (hereinafter referred to as "Products"). The Products can be selected by the Customer in the Shop, added to the shopping basket and subsequently purchased. The Products are available exclusively by download. The Seller does not assume any liability for compatibility. The following terms and conditions apply to the entire business relationship with the purchaser. The customer accepts them as binding for the present contract. The Purchaser agrees to receive electronic communication from us for contractual purposes, e.g. in the form of e-mails, and the Purchaser also agrees that the form of all consents and notices shall be preserved by the electronic communication, unless mandatory statutory provisions prescribe a different form. The customer waives the right to assert its own terms and conditions of purchase. These shall also not become part of the contract through our silence or through our delivery. All correspondence with us must be sent to the address given in the imprint of the homepage.
§ 2 CONCLUSION OF THE CONTRACT
The representations on our Internet pages are to be understood as an invitation to submit offers by way of order, i.e. the order is the offer to us to purchase the selected item(s) from us. A contract of sale is only concluded by our express acceptance of such an offer by the purchaser. Detailed information on the ordering process can be found under the menu item Order . By clicking the button "Pay Now" in the last step of the ordering process, the customer submits a binding offer to purchase the products in the shopping cart for download against payment. The Seller shall confirm receipt of the order to the Customer exclusively by e-mail to the address entered in the ordering process or stored in the Customer's account. The payment process can either be carried out by prepayment/bank transfer or via external online payment service providers (PayPal and GPay ). For the services of external payment service providers, the terms and conditions of the respective provider apply, which can be accessed on the homepage of the respective provider. The prerequisite for a successful purchase transaction is the correct entry of the data requested by the customer. The customer completes the payment by clicking on the "Pay now" button (or the equivalent) on the website of the payment service provider after having registered or entered his personal data. After successful payment, the customer is returned to the shop where the purchased products can be downloaded in the customer account. After successful payment, a confirmation e-mail will be sent to the customer's e-mail address and the download will be made available in the customer account. By making the ordered products available for download, the seller accepts the customer's offer and the purchase contract is concluded. The purchase contract shall be deemed fulfilled by the Seller as soon as the product has been successfully downloaded for the first time.
§ 3 PRICES, DUE DATE AND PAYMENT, DEFAULT
Our prices are in the customers local currency, the prices stated in the shop are final prices, the statutory value added tax is included in the price. The purchase price is due immediately. Purchase on account is not possible. Should the buyer be in default of payment, we shall be entitled to demand interest on arrears in the amount of 5% above the base interest rate per annum announced by the Deutsche Bundesbank. Should we have incurred higher damages due to default, we shall be entitled to assert such damages. If the buyer is in default of payment for a delivery, we may withhold further deliveries without being in default. An express assertion of our right of retention is not required. The date of receipt of the payment by us or the date on which the payment is credited to the paying agent specified by us shall be decisive for the timeliness of payment, not the date of dispatch.
§ 4 DISPATCH
The articles are exclusively distributed as downloads, no shipping costs are incurred.
§ 5 CANCELLATION
The buyer is legally entitled to a right of cancellation. With regard to the right of cancellation and its consequences, a separate cancellation instruction will be issued and sent in text form upon conclusion of the order.
Expiry of the right of cancellationIn the case of contracts for digital content/goods that are not delivered on a physical data carrier (such as downloads), the right of withdrawal shall expire as soon as the seller has begun to perform the contract after the buyer has expressly consented to the seller beginning to perform the contract before the expiry of the withdrawal period and the buyer has confirmed his knowledge that by consenting to this he loses his right of withdrawal as soon as performance of the contract begins. The Buyer's consent to the commencement and confirmation of the Buyer's knowledge is given at the end of the ordering process on the Summary page (query by checkbox, tick box) before the order is sent to the Seller.
§ 6 RIGHTS OF USE
By purchasing, the customer acquires the simple, non-transferable, spatially and temporally unrestricted right to store, copy and listen to or view the purchased products as often as desired for exclusively personal and private use, not for commercial purposes. Purchased products may be copied onto various local storage devices, burned onto data carriers and used exclusively for private purposes. Any further use beyond the rights granted is not permitted. Commercial use and distribution of the products is not permitted. The saving and placing of purchased products in data networks is prohibited. The products are copyrighted material. When using the purchased products, the customer shall comply with the statutory provisions and the provisions of the German Copyright Act in its respective version. All rights of the authors to the protected works contained on the website are reserved. The Seller reserves the right to add digital watermarks to the products offered. Digital watermarks consist of imperceptible information that can be inserted into audio data, for example.
§ 7 RETENTION OF TITLE
Delivered products remain our property until full payment has been received. Insurance claims and claims for damages which the buyer acquires due to loss or damage to the products are hereby assigned to us. If the buyer is in default, he shall grant us access to the products in his possession at our request, send us a detailed list of the products, hand over the products to us and delete and destroy them on his premises.
§ 8 LIABILITY
Insofar as the customer makes use of services of the shop by using access data, the customer is responsible for keeping these secure and protected from access by third parties and is liable for every action taken with his access data (including payment of remuneration). If the customer suspects that unauthorised third parties have gained knowledge thereof, the personal password must be changed immediately and the seller informed. The customer undertakes not to use a collective e-mail address used by several users. In the event of infringements of the rights of third parties for which the customer is responsible, the customer shall be directly liable to these third parties. In the event of justified claims by third parties, the customer is obliged to indemnify the seller, unless he can prove that he is not responsible for the breach of duty that caused the damage. In the event of intent or gross negligence, the Seller shall be liable without limitation for all damages attributable thereto. Insofar as the attributable breach of duty by the Seller is due to simple negligence and an essential contractual obligation is culpably breached, the liability of the Seller shall be limited to the typical, comparable damage occurring in comparable cases. For loss of data for which the shop is responsible or consequential harm caused by a defect, the seller is only liable for damage attributable to data lost up to the last time the customer backed up the data, or up to the previous point in time at which the data backup would have had to be carried out. Liability for all damage, in particular loss of data and hardware faults at the customer's which are caused by incompatibility of the hardware and software used by the customer with the seller's shop system and for system faults which are caused by pre-existing configuration faults or old, unusable, not completely removed drivers, data or data fragments is excluded.
§ 9 BLOCKING
The Seller reserves the right to block the customer account in the event of misuse, breach of contractual duties and obligations as well as default of payment and not to allow a new registration.
§ 10 RIGHT OF WITHDRAWAL
We may withdraw from the contract if it transpires after conclusion of the contract that we have quoted prices which are lower than our actual purchase prices and we are not responsible for this circumstance because incorrect information has led to this. We may also withdraw from the contract if it transpires after conclusion of the contract that we have quoted prices for which we are not responsible because software errors have led to this. Our rights of rescission due to error shall remain unaffected by the rights of rescission described above. In the event of the aforementioned circumstances, the customer shall be informed immediately and any purchase prices paid shall be refunded without delay.
§ 11 LIABILITY FOR DEFECTS
The purchaser shall be entitled to the statutory claims under the German Civil Code in respect of defects in the object of sale. If there is a defect in the object of sale, the purchaser may first demand subsequent performance = the delivery of a defect-free object of sale. The defective purchased item delivered first must be proven by the buyer and reported to the seller in writing (e.g. by e-mail). If the supplementary performance fails, the purchaser may either reduce the purchase price in accordance with the defect or withdraw from the contract altogether. If the delivered product has obvious material defects, the buyer must report these defects to us within fourteen days of receipt of the product at the latest, stating the defects and referring to the order number. The relevant time for compliance with this notification period is not the date of receipt by us, but the postmark or the date of dispatch of the notice of defect. A defect is always obvious if it is noticeable without special attention. Delayed notification of such obvious defects shall result in the loss of warranty rights with regard to such defects. For non-obvious defects, on the other hand, the statutory limitation periods shall apply. If the buyer is a merchant within the meaning of the German Commercial Code.
§ 12 RETENTION AND SET-OFF
The buyer may only assert a right of retention if it is based on the same contractual relationship. He is only entitled to a set-off if we do not dispute the counterclaim or if it has been legally established. If the buyer is a merchant within the meaning of the German Commercial Code, his rights of retention are excluded.
§ 13 FOREIGN BUSINESS
All agreements with us are subject to Austrian law. The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
§ 14 INTELLECTUAL PROPERTY
All Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Timo Hönig, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable German and International intellectual property and other relevant laws. You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Timo Hönig.
§ 15 LINKS TO OTHER WEB SITES
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Timo Hönig or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
§ 16 DISCLAIMERS
Timo Hönig makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
§ 17 AVAILABILITY OF THE WEB SITE
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Timo Hönig accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
§ 18 LIMITATION OF LIABILITY
To the maximum extent permitted by law, Timo Hönig accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk. Nothing in these terms and conditions excludes or restricts Timo Hönig's liability for death or personal injury resulting from any negligence or fraud on the part of Timo Hönig. Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
§ 19 NO WAIVER
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
§ 20 NOTICES
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to [office@timohoenig.com]. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
§ 21 EFFECTIVENESS
The invalidity of one or more clauses of these terms and conditions shall not affect the validity of the remainder of the contract. The invalid provision shall be replaced by the statutory provisions.
§ 22 PLACE OF PERFORMANCE, PLACE OF JURISDICTION
The place of performance for all rights and obligations arising from the business relationship shall be determined in accordance with the statutory provisions. The exclusive jurisdiction of the court at our registered office is agreed for all disputes arising from the contract. Our right to assert our claims in court at another place of jurisdiction shall remain unaffected. We may also assert our claims against a customer who is not a merchant before the court at our registered office if he has no general place of jurisdiction in Austria or if he moves his place of residence or habitual abode out of this area after conclusion of the contract or if his place of residence or habitual abode is not known at the time of assertion of the claim in court.
§ 23 DATA PROTECTION
Information on the type and scope, location and purpose of the collection, processing and use of the personal data required for the execution of orders by us can be found in the privacy policy .