Terms and Conditions
Terms of Use
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General terms and conditions with customer information
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Table of contents
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1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Provision of content
6. Grant of rights of use
7. Liability for defects
8. Applicable law
9. Alternative dispute resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of 10von10.app, trading under "Y-Digital" (hereinafter "Entrepreneur"), apply to all contracts for the provision of data that is created and provided in digital form (digital content) that a consumer or entrepreneur (hereinafter "customer") concludes with the entrepreneur with regard to the digital content described by the entrepreneur in his online shop. The inclusion of the customer's own terms and conditions is hereby contradicted, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity.
1.3 An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.
2) Conclusion of contract
2.1 The contents described in the entrepreneur's online shop do not represent binding offers on the part of the entrepreneur, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated into the entrepreneur's online shop. After placing the selected contents in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contract offer with regard to the contents 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 e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
- by providing the customer with the ordered content, or
- by requesting payment from the customer after placing his order.
If several of the aforementioned alternatives apply, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry 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 consequence that the customer is no longer bound by his declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing will be carried out via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.
2.5 When submitting an offer via the entrepreneur's online order form, the contract text is saved by the entrepreneur after the contract has been concluded and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent. The entrepreneur will not make the contract text available beyond this.
2.6 Before submitting the binding order via the company'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 detection of input errors can be the browser's zoom function, which helps to enlarge the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes 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 carried out via email and automated order processing. The customer must ensure that the email address provided by him for order processing is correct so that emails sent by the entrepreneur can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the entrepreneur or by third parties commissioned by the entrepreneur to process the order can be delivered.
3) Right of withdrawal
4) Prices and payment terms
4.1 The prices stated by the entrepreneur are total prices and include statutory sales tax.
4.2 For payments in countries outside the European Union, additional costs may arise in individual cases for which the entrepreneur is not responsible and which must be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees).
4.3 The payment options are specified in the entrepreneur’s online shop.
4.4 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If you select a payment method offered via the “PayPal” payment service, payment will be processed via PayPal, although PayPal may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal for which he makes advance payments to the customer (e.g. purchase on account or payment in installments), he assigns his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal will carry out a credit check using the customer data transmitted. The seller reserves the right to refuse the customer the selected payment method if the test result is negative. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, he can only make payments to PayPal or the payment service provider commissioned by PayPal with a debt-discharging effect. However, even in the event of an assignment of claims, the seller remains responsible for general customer enquiries, e.g. B. regarding the goods, delivery time, shipping, returns, complaints, declarations of revocation and sending or credit notes.
4.6 If you select a payment method offered via the payment service "Shopify Payments", the payment will be processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the customer in the entrepreneur's online shop. To process payments, Stripe may use other payment services for which special payment terms may apply, to which the customer may be informed separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.
5) Provision of digital content will be made available to the customer as follows:
- by email
- via download
6) Granting of rights of use
6.1 Unless otherwise stated in the content description in the entrepreneur’s online shop, the entrepreneur grants the customer the non-exclusive, geographically and temporally unlimited right to use the content provided exclusively for private purposes.
6.2 The transfer of the contents to third parties or the creation of copies for third parties outside the scope of these General Terms and Conditions is not permitted unless the entrepreneur has agreed to a transfer of the contractual license to the third party.
6.3 If the contract relates to the one-time provision of digital content, the granting of rights only takes effect when the customer has paid the contractually owed remuneration in full. The entrepreneur can also provisionally permit the use of the contractual content before this point in time. A transfer of rights does not take place through such provisional permission.
7) Liability for defects
The statutory liability for defects applies.
8) Applicable law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international sale of movable goods. For consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his or her habitual residence.
9) Alternative dispute resolution
9.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.
9.2 The entrepreneur is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
General terms and conditions with customer information
–––––––––––––––––––––––––––––––––––––––––––––––––––––
Table of contents
––––––––––––––––––
1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Provision of content
6. Grant of rights of use
7. Liability for defects
8. Applicable law
9. Alternative dispute resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of 10von10.app, trading under "Y-Digital" (hereinafter "Entrepreneur"), apply to all contracts for the provision of data that is created and provided in digital form (digital content) that a consumer or entrepreneur (hereinafter "customer") concludes with the entrepreneur with regard to the digital content described by the entrepreneur in his online shop. The inclusion of the customer's own terms and conditions is hereby contradicted, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity.
1.3 An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.
2) Conclusion of contract
2.1 The contents described in the entrepreneur's online shop do not represent binding offers on the part of the entrepreneur, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer using the online order form integrated into the entrepreneur's online shop. After placing the selected contents in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contract offer with regard to the contents 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 e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
- by providing the customer with the ordered content, or
- by requesting payment from the customer after placing his order.
If several of the aforementioned alternatives apply, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry 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 consequence that the customer is no longer bound by his declaration of intent.
2.4 If a payment method offered by PayPal is selected, payment processing will be carried out via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.
2.5 When submitting an offer via the entrepreneur's online order form, the contract text is saved by the entrepreneur after the contract has been concluded and sent to the customer in text form (e.g. email, fax or letter) after the order has been sent. The entrepreneur will not make the contract text available beyond this.
2.6 Before submitting the binding order via the company'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 detection of input errors can be the browser's zoom function, which helps to enlarge the display on the screen. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes 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 carried out via email and automated order processing. The customer must ensure that the email address provided by him for order processing is correct so that emails sent by the entrepreneur can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the entrepreneur or by third parties commissioned by the entrepreneur to process the order can be delivered.
3) Right of withdrawal
The right of withdrawal expires immediately after the purchase of digital products. Since digital products are intangible goods that are usually immediately available and transmitted electronically, returns or refunds are excluded. By purchasing a digital product, you expressly agree that the right of withdrawal expires after purchase.
We therefore recommend that you carefully review all information about the digital product you want to purchase, including product descriptions, specifications, screenshots or demo versions, to make sure it meets your requirements before purchasing.
If you have any technical problems or questions about using the digital product you have purchased, our customer service team will be happy to help you. We strive to provide you with first-class support and resolve any difficulties you may encounter.
4) Prices and payment terms
4.1 The prices stated by the entrepreneur are total prices and include statutory sales tax.
4.2 For payments in countries outside the European Union, additional costs may arise in individual cases for which the entrepreneur is not responsible and which must be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees).
4.3 The payment options are specified in the entrepreneur’s online shop.
4.4 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If you select a payment method offered via the “PayPal” payment service, payment will be processed via PayPal, although PayPal may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal for which he makes advance payments to the customer (e.g. purchase on account or payment in installments), he assigns his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal will carry out a credit check using the customer data transmitted. The seller reserves the right to refuse the customer the selected payment method if the test result is negative. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, he can only make payments to PayPal or the payment service provider commissioned by PayPal with a debt-discharging effect. However, even in the event of an assignment of claims, the seller remains responsible for general customer enquiries, e.g. B. regarding the goods, delivery time, shipping, returns, complaints, declarations of revocation and sending or credit notes.
4.6 If you select a payment method offered via the payment service "Shopify Payments", the payment will be processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the customer in the entrepreneur's online shop. To process payments, Stripe may use other payment services for which special payment terms may apply, to which the customer may be informed separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.
5) Provision of digital content will be made available to the customer as follows:
- by email
- via download
6) Granting of rights of use
6.1 Unless otherwise stated in the content description in the entrepreneur’s online shop, the entrepreneur grants the customer the non-exclusive, geographically and temporally unlimited right to use the content provided exclusively for private purposes.
6.2 The transfer of the contents to third parties or the creation of copies for third parties outside the scope of these General Terms and Conditions is not permitted unless the entrepreneur has agreed to a transfer of the contractual license to the third party.
6.3 If the contract relates to the one-time provision of digital content, the granting of rights only takes effect when the customer has paid the contractually owed remuneration in full. The entrepreneur can also provisionally permit the use of the contractual content before this point in time. A transfer of rights does not take place through such provisional permission.
7) Liability for defects
The statutory liability for defects applies.
8) Applicable law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international sale of movable goods. For consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his or her habitual residence.
9) Alternative dispute resolution
9.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.
9.2 The entrepreneur is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.