General Terms and Conditions of Business
The following General Terms and Conditions (GTC) regulate the use and the claim for the store offer under the domain kcalculator.de (in the following called "store"). contractual partner and service provider (hereinafter referred to as "seller"):
Jannis Kuhrt nutritional advice
Hollow mill avenue 16
The Seller provides its services on the basis of the General Terms and Conditions of Business in the version valid at the time of conclusion of the contract. All offers of the store can be changed without prior notice. Consumers within the meaning of §13 BGB are accepted as customers in the store - i.e. any natural person who enters into a legal transaction for a purpose that is neither commercial nor their independent professional activity.
1 General / Description of the service
The customer can purchase digital files and any accompanying text and image material as files via the store (hereinafter referred to as "products"). The products can be selected by the customer in the store, added to the shopping cart and then purchased. The products are only available via download. The purchased products can be used on all common end devices; the seller does not guarantee compatibility. The following general terms and conditions apply to the entire business relationship with the customer. The customer accepts them as binding for the present contract. The customer agrees to receive electronic communication from us for contractual purposes, e.g. in the form of e-mails, and the customer also agrees that the electronic communication shall be deemed to be the form for all consents and communications, unless mandatory legal provisions require a different form. The customer waives the assertion of his own terms and conditions of purchase. These shall not become part of the contract even through our silence or through our delivery. All correspondence with us must be conducted via 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 placing an order, i.e. the order is the offer to us to buy the selected item(s) from us. A sales contract is only concluded through our express acceptance of such an offer by the customer. By clicking on the button "Order subject to payment" in the last step of the ordering process, the customer makes 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 made by prepayment/bank transfer or by external online payment service providers (PayPal or IMMEDIATELY bank transfer). For the services of external payment service providers the terms and conditions of the respective provider apply, which can be found on the homepage of the respective provider. The prerequisite for a successful purchase is the correct entry of the data requested by the customer. The customer completes the payment by clicking on the "Pay Now" (or equivalent) button on the payment service provider's website after registration or entering his personal data. After successful payment, the customer is returned to the store where the purchased products can be downloaded. With the payment method prepayment/bank transfer the activation is done manually after receipt of payment. After successful payment, the customer will immediately receive a confirmation by e-mail to the deposited 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 sales contract is concluded. The sales contract is considered 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 Euro (€/EUR), the prices mentioned in the store are final prices. According to § 19 UStG no sales tax is charged. The purchase price is due immediately. The payment options PayPal, credit card, direct debit, IMMEDIATELY bank transfer and prepayment/bank transfer are free of charge. Purchase on account is not possible. If the buyer is in default of payment, we are entitled to charge interest on arrears at a rate of 5% above the prime rate per annum announced by the European Central Bank. Should we have incurred a higher damage caused by delay, we are entitled to claim this. If the buyer is in arrears with the payment of a delivery, we may withhold further deliveries without being in default. An express assertion of our right of retention is not required. For the timeliness of the payment, not the dispatch, but the date of receipt of the payment by us or the date of crediting of the payment at the payment office indicated by us is decisive.
Section 4 Dispatch
The articles are sold exclusively as downloads, there are no shipping costs.
The buyer is legally entitled to a right of revocation according to § 312g BGB if he is a consumer, since the purchase of goods on the Internet as in the present case is a so-called distance selling contract.
Expiration of the right of withdrawal
In the case of contracts for digital content/goods that are not delivered on a physical data carrier (such as downloads), the right of revocation expires as soon as the Seller has started to execute the contract, after the Buyer has expressly agreed that the Seller will start executing the contract before the end of the revocation period, and the Buyer has confirmed that he is aware that he will lose his right of revocation as a result of his agreement when the execution of the contract starts. The agreement to the beginning and confirmation of the buyer's knowledge is given at the end of the order process on the summary page (query by checkbox, tick) before sending the order to the seller.
6 Rights of use
Through the purchase the customer acquires the simple, non-transferable, spatially and temporally unlimited right to use the purchased products for personal use. Acquired products may not be duplicated. Any further use that exceeds the rights granted is not permitted. Commercial distribution of the products is not permitted. Saving and posting of purchased products in data networks is prohibited. The products are copyright protected material. When using the purchased products, the customer must comply with the legal provisions and the regulations of the German Copyright Act (UrhG) in its current version. All rights of the originators of the protected works contained on the website are reserved. The download link and the deposited products may only be used by the customer himself and may not be passed on to third parties. The seller reserves the right to add digital watermarks to the products offered. Digital watermarks consist of imperceptible information that can be inserted.
7 Reservation of proprietary rights
Delivered products remain our property until full payment is received. Insurance and compensation claims which the buyer acquires due to loss or damage to the products are hereby assigned to us. If the buyer is in default, he must grant us access to the products in his possession at our request, send us a detailed list of the products, return the products to us and delete and destroy them on his premises.
Section 8 Liability
If the customer uses services of the store using access data, the customer is responsible to keep them safe and protected from access by third parties and is liable for every action (including payment of fees) carried out with his access data. If the customer suspects that unauthorized third parties have obtained knowledge of the access data, the personal password must be changed immediately and the seller must be informed. The customer undertakes not to use a collective e-mail address used by several users. The customer shall be liable for any violation of third party rights for which he is responsible, directly and personally. In the event of justified claims by third parties, the customer is obliged to indemnify the seller, unless the customer 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 Seller's liability shall be limited to the typical, comparable damage that occurs in comparable cases. For data loss for which the store is responsible or consequential harm caused by a defect, the seller is only liable for damages that can be traced back to data lost up to the customer's last data backup or up to the preceding point in time at which the data backup would have had to be carried out. The liability for all damages, especially data loss and hardware malfunctions at the customer's site caused by incompatibility of the hardware and software used by the customer with the seller's store system and for system malfunctions caused by previously existing configuration defects or old, unusable, not completely removed drivers, data or data fragments is excluded.
The seller reserves the right to block the customer account and not allow a new registration in case of misuse, violation of contractual obligations and duties as well as default of payment.
10 Rights of withdrawal
We can withdraw from the contract if it turns out after the conclusion of the contract that prices were quoted by us which are below our actual purchase prices and we are not responsible for this circumstance because false information led to this. We may also withdraw from the contract if it becomes apparent 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 remain unaffected by the rights of rescission described above. In the event of the aforementioned circumstances, the customer will be informed immediately and any purchase prices paid will be refunded immediately.
11 Liability for defects
The Buyer shall be entitled to the statutory claims under the German Civil Code with regard to defects in the purchased item. If there is a defect in the object of purchase, the Buyer may initially demand subsequent performance = the delivery of a defect-free object of purchase. The defective purchased item delivered first must be documented by the Buyer and the Seller must be notified in writing (e.g. by e-mail). If the subsequent performance fails, the Buyer may choose to either reduce the purchase price in accordance with the defect or withdraw from the contract completely. If the delivered product has obvious material defects, the buyer must report these defects to us within fourteen days after receipt of the product at the latest, stating the defects and referring to the order number. The relevant date for compliance with this notification period is not the date of receipt by us, but the postmark or the date of dispatch of the notification of defects. A defect is always obvious if it is noticed without special attention. Late notification of such obvious defects leads to the loss of warranty rights with regard to such defects. For non-obvious defects, however, the statutory limitation periods apply. If the buyer is a merchant within the meaning of the German Commercial Code (HGB), the special duty to give notice of defects in commercial transactions pursuant to §§ 377, 378 HGB remains unaffected.
12 Retention and set-off
The buyer can 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 German law. The provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
The invalidity of one or more clauses of these General Terms and Conditions of Business shall not affect the validity of the remaining contract. Instead of the ineffective provision, the legal regulations shall apply.
15 Place of performance, legal venue
The place of performance for all rights and obligations arising from the business relationship shall be determined in accordance with the statutory provisions. If the customer is a merchant within the meaning of the German Commercial Code (HGB), 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 at another place of jurisdiction remains unaffected in relation to merchants. 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 the Federal Republic of Germany 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 unknown at the time the claim is asserted in court.
16 Data protection
Information on the type and scope, location and purpose of the collection, processing and use of personal data required for the execution of orders by us can be found in the data protection declaration.
17 Information on Online Dispute Resolution (according to Art. 14 para. 1 ODR-VO)
The platform for online dispute resolution of the European Commission is available at https://ec.europa.eu/consumers/odr .
We are neither willing nor obliged to participate in arbitration proceedings before a consumer arbitration board.