General terms and conditions with customer information
Table of Contents
2. conclusion of contract
3. Application of the form "desired itinerary"
4. right of withdrawal
5. Prices and terms of payment
6. Provision of Content
7. Granting of Rights of Use
8. liability for defects
9. Applicable Law
10. Alternative Dispute Resolution
1.1 These general terms and conditions (hereinafter "GTC") of Lutz Kretzschmar (hereinafter "entrepreneur") apply to all contracts for the provision of data that are created and provided in digital form (digital content) that a consumer or entrepreneur (hereinafter " customer") with the entrepreneur with regard to the digital content described by the entrepreneur in his online shop. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.3 Entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Conclusion of contract
2.1 The content described in the entrepreneur's online shop does not constitute a binding offer on the part of the entrepreneur, but serves to enable the customer to submit a binding offer.
2.2 The customer can submit the offer via the online order form integrated in the entrepreneur's online shop. After placing the selected content in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the content contained in the shopping cart by clicking the button that concludes 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), whereby receipt of the order confirmation by the customer is decisive, or
by providing the customer with the ordered content, or
by asking the customer to pay after placing his order.
If there are several of the above alternatives, the contract is concluded at the point in time when one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer. If the entrepreneur does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.5 When submitting an offer via the entrepreneur's online order form, the text of the contract is saved by the entrepreneur after the conclusion of the contract and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. The entrepreneur does not make the contract text accessible beyond this. If the customer has set up a user account in the company's online shop before sending his order, the order data will be archived on the company's website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.
2.6 Before submitting a binding order via the entrepreneur's online order form, the customer can identify 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 enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 Order processing and contact are usually made via email and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by the entrepreneur can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the company or by third parties commissioned to process the order can be delivered.
3) Application of the form "desired itinerary" Desired travel route is a voluntary and free service from www.3dreiseroute.de. Animated itineraries are created according to customer requirements. Filling out and sending the form to create an animated itinerary (desired itinerary) does not result in a paid contract. The user of the form does not place an order with www.3dreiseroute.de by filling out and sending the desired itinerary form, but only uses this form to express a desire to create a route. You do not need to log in or register to use the desired itinerary service. You only enter your email address before submitting the form. No personal information is collected and stored. The user will receive a confirmed email with the entries in the form to the specified email. After completion, the user receives a message by e-mail, in which the user is informed that a finished animation is available in the online shop with its specifications, including the article number, for assessment and for a possible purchase by the user. Before making a purchase, the user can visually examine the finished animation extensively in the product preview. The user decides for himself whether he likes the product or not. Desired itineraries are created within 1 to 7 days (depending on the number of requests). www.3dreiseroute.de reserves the right to refuse or not to produce desired itineraries."
4) Right of Withdrawal In principle, consumers are entitled to a right of withdrawal. Further information on the right of withdrawal can be found in the entrepreneur's instructions on withdrawal.
5) Prices and terms of payment
5.1 The prices given by the entrepreneur are total prices. Sales tax is not shown because the entrepreneur is a small business within the meaning of Section 19 (1) UStG.
5.2 For payments in countries outside the European Union, additional costs may arise in individual cases for which the entrepreneur is not responsible and which are to be borne by the customer. These include, for example, costs for money transfers through credit institutions (e.g. transfer fees, exchange rate fees).
5.3 The payment options are specified in the entrepreneur's online shop.
5.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
6) Provision of Content Digital Content is provided to Customer as follows: by email via download by direct access via the entrepreneur's website
7) Granting of Rights of Use
7.1 Unless otherwise stated in the content description in the entrepreneur's online shop, the entrepreneur grants the customer the non-exclusive, local and temporally unrestricted right to use the content exclusively for private purposes.
7.2 Passing on the content to third parties or making 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.
7.3 Insofar as the contract relates to the one-off provision of digital content, the granting of rights only becomes effective when the customer has paid the contractually owed remuneration in full. The entrepreneur can provisionally allow the use of the contractual content even before this point in time. A transfer of rights does not take place through such a provisional permission.
8) Liability for Defects The statutory liability for defects applies.
9) Governing Law The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
10) Alternative Dispute Resolution
10.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform the