General terms and conditions with cancellation policy and customer information
Table of Contents
Offers and description of services
Order process and conclusion of contract
Prices and shipping costs
Delivery, product availability
Retention of title
Material defect warranty and guarantee
Consumer revocation instruction
1.1 For the business relationship between Thiago Vibesp, email:email@example.com ("seller") and the customer ("customer"), the following general terms and conditions apply exclusively ( hereinafter referred to as “GTC”) in the version valid at the time of the order.
1.2 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that can predominantly neither be attributed to their commercial nor their independent professional activity.
1.3 Entrepreneur (also referred to as business customer) is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. Business customers are also freelancers or legal entities under public law (e.g. authorities). We reserve the right to check the entrepreneurial status of a customer, e.g. by submitting suitable documents (business registration, etc.).
1.4 Deviating conditions of the customer are not recognized unless the seller expressly agrees to their validity.
2 Offers and service descriptions
The presentation of the products in the online shop is not a legally binding offer, but an invitation to place an order. Service descriptions in catalogs and on the seller's websites do not have the character of an assurance or guarantee. Incidentally, errors remain reserved.
3 Order process and conclusion of contract
3.1 The customer can select non-binding products from the seller's range and collect them in a so-called shopping cart using the "Add to shopping cart" button. The product selection can be changed, e.g. deleted, within the shopping cart. Then or, alternatively, immediately, the customer can click the “Pay now” button to complete the order process. Via the “Buy now” button, the customer is immediately able to choose the payment method as part of a so-called “Express Checkout”. Furthermore, if available, voucher codes can be entered within the shopping cart.
3.2 By clicking on the "Checkout", "Proceed to payment method" and "Check order" buttons, the customer will be taken to the order completion page and will be asked to provide personal details, address and contact details as well as the payment method.
3.3 Also on the order completion page, the customer receives an overview of the products ordered, is asked to agree to the terms and conditions and is instructed about his right of withdrawal.
3.4 The customer submits a binding application to purchase the goods in the shopping cart via the “Order for a fee” button. Before submitting the order, the customer can change and view the data at any time and use the browser function "back" to return to the shopping cart or cancel the order process altogether. Necessary information is marked as such, or if all information is required in a form, the information that is not required is marked.
3.5 The customer is then directed to the payment process, depending on the selected payment method.
3.6 The seller then sends the customer an automatic confirmation of receipt by e-mail in which the customer's order is listed again and which the customer can print out using the "Print" function (order confirmation).
3.7 The automatic confirmation of receipt in the online shop as well as the receipt of the order via other means of remote communication only documents that the customer's order has been received by the seller and does not constitute acceptance of the application to conclude a contract. The purchase contract is only concluded when the seller has ordered it Has made the product available to the customer within 3 days, transmitted it or confirmed the conclusion of the contract to the customer within 3 days with a second e-mail, express order confirmation or sending the invoice. The contract is also concluded when the payment has been made.
3.8 If the seller enables payment in advance, the contract is also concluded when the bank details are provided and the request for payment is made. If, despite the due date, the payment has not been received by the seller within 10 calendar days after the order confirmation has been sent, even after a renewed request
4 Prices and Shipping Costs
All prices quoted on the seller's website include the applicable statutory sales tax.
5 Delivery, product availability
5.1 Delivery is made by providing an online download option for the purchased products or by sending the product directly (e.g. by email).
5.2 If advance payment has been agreed, the products will be transmitted or made available after receipt of the invoice amount.
5.3 If the ordered product is not available through no fault of the seller (e.g. because the software provider has changed the prerequisite software, if product-related, without prior notice), the seller can withdraw from the contract. In this case, the seller will inform the customer immediately and, if necessary, suggest the provision of a comparable product. If no comparable product is available or the customer does not want a comparable product to be delivered, the seller will immediately reimburse the customer for any consideration already paid.
6 payment methods
6.1 The customer can choose from the available payment methods within the framework of and before completing the order process. The payment methods available are credit card, PayPal.
6.2 If payment by invoice is possible, payment must be made within 14 days of receipt of the product and the invoice. For all other payment methods, payment must be made in advance without any deductions.
6.3 Are third-party providers commissioned to process payments, e.g. PayPal and Google or Klarna. their general terms and conditions apply.
6.4 If the due date of the payment is determined according to the calendar, the customer is already in default by missing the date. In this case the customer has to pay the statutory default interest.
6.5 The customer's obligation to pay default interest does not preclude the seller from asserting further damage caused by default.
6.6 The customer is only entitled to offset if his counterclaims have been legally established or recognized by the seller. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
7 Reservation of Title
7.1 The delivered products remain the property of the seller until full payment has been made.
8 Material defect warranty and guarantee
8.1 For customers who are entrepreneurs, the limitation period for claims for defects is one year from the transfer of risk; the statutory limitation obligations for the right to withdraw according to §478 BGB remain unaffected. If the delivered product is defective, the seller provides customers who are entrepreneurs, initially with a guarantee by removing the defect (repair) or by delivering a defect-free product (replacement delivery).
8.2 The warranty is otherwise determined in accordance with statutory provisions.
8.3 There is only a guarantee for the products delivered by the seller if this has been expressly given. Customers are informed of the warranty conditions before the order process is initiated.
9.1 The following exclusions and limitations of liability apply to the seller's liability for damages, irrespective of the other statutory entitlement requirements.
9.2 The seller has unlimited liability insofar as the cause of the damage is based on intent or gross negligence.
9.3 Furthermore, the seller is liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies. In this case, however, the seller is only liable for the foreseeable, contract-typical damage. The seller is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
9.4 The above limitations of liability do not apply in the case 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.
9.5 As far as the liability of the seller is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
10 cancellation policy for consumers
Instruction on the right of withdrawal for consumers about the delivery of digital content that is not delivered on a physical data carrier (e.g. e-book, software download).
Right of withdrawal
A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract is concluded. In order to exercise your right of withdrawal, you must inform us (Thiago Vibesp, e-mail: firstname.lastname@example.org) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail). Mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but this is not mandatory. In order to meet the cancellation deadline, it is sufficient for you to send your notification that you are exercising your right of cancellation before the cancellation period has expired.
When purchasing digital products (Lightroom presets, LUTs and other digital goods in the form of software or files), the buyer automatically waives the right of withdrawal, as digital goods / downloads become irrevocably the property of the buyer after the download. In this case, a revocation can only be made if the buyer has not yet downloaded the files.
Consequences of the withdrawal
If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
Model withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
- To Thiago Vibesp,
- 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 the consumer (s)
- Address of the consumer (s)
- Signature of the consumer (s) (only if this is communicated on paper)
(*) Delete where inapplicable.
Exclusion or premature expiry of the right of withdrawal
The right of revocation does not apply to contracts for the delivery of digital content that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.
The right of withdrawal expires prematurely if we have only started to execute the contract after you have given your express consent and at the same time confirmed that you are aware that you will lose your right of withdrawal when we begin to fulfill the contract. We point out that we can make the conclusion of the contract dependent on the aforementioned consent and confirmation.
11. Storage of the contract text
11.1 The customer can print out the contract text before submitting the order to the seller by using the print function of his browser in the last step of the order.
11.2 The seller also sends the customer an order confirmation with all order data to the email address provided by him. With the order confirmation, but no later than the delivery or provision of the product, the customer will also receive a copy of the terms and conditions together with the cancellation policy. In addition, the seller saves the text of the contract, but does not make it accessible on the Internet.
12. Final provisions
12.1 The contractual relationship with the seller is not transferable to other persons or companies.
12.2 In the case of entrepreneurs, the law of the Federal Republic of Germany applies, as long as there are no compelling statutory provisions to the contrary.
12.3 The place of performance for buyers who are entrepreneurs is the registered office of the seller. The place of jurisdiction is the registered office of the seller if the buyer is a merchant, legal entity under public law or a special fund under public law or if the buyer does not have a general place of jurisdiction. The right of the seller to choose another admissible place of jurisdiction is reserved.