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General Terms and Conditions

Details

Table of contents

1. Validity of the GTC

  1. The following General Terms and Conditions (hereinafter referred to as "GTC") shall apply exclusively to the business relationship between PsyFrame - Softwareentwicklung Steven Fenner, Scharnhorststraße 24, 10115 Berlin-Mitte (hereinafter referred to as "Vendor") and the purchaser, who is hereinafter referred to as "Customer", of the Vendor's products.
  2. Deviating terms and conditions of the Customer shall not be accepted, even if the Vendor fulfils his/her contractual obligations without objection, unless the Vendor expressly agrees to the validity of the Customer's deviating terms and conditions.
  3. All personal terms apply equally to both genders. For reasons of better readability, the simultaneous use of masculine and feminine forms of language has been dispensed with.
  4. A "Consumer" within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to his commercial nor to his independent professional activity.
  5. "Entrepreneur" within the meaning of the GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.
  6. "Product" within the terms and conditions refers to any goods, services, and other performances offered by the seller, including any accessories and accompanying documentation, which are subject to the contract between the seller and the customer according to the product description provided by the seller to the customer or other agreement.
  7. Regardless of the terminology used in the GTC, such as "Vendor", the legal classification of the contract and the applicable statutory regulations are always determined by the legal requirements of the respective types of contracts. These GTC do not limit the statutory definitions and regulations in any way.

2. General Information on Offers and Orders

  1. The presentation and promotion of products on the Vendor’s websites as well as in digital or printed informational materials does not constitute a binding offer to conclude a contract, but rather a non-binding invitation to the Customer to submit an offer for the purchase of the displayed goods.
  2. Customers are responsible for ensuring that the information they provide is accurate and for notifying the Vendor of any changes, where such changes are required for the fulfilment of the contract. In particular, Customers must ensure that the e-mail addresses, delivery addresses and shipping addresses provided are correct and that any obstacles to receipt for which the Customer is responsible are duly considered (e.g. by checking the spam folder of their e-mail software).
  3. Customers are requested to carefully read and observe the instructions during the ordering process and, if necessary, to use the available support functions of their software and hardware (e.g. magnification or read-aloud functions). Required information will be appropriately identified as such by the Seller for the Customers (e.g. by optical highlighting and/or asterisk signs). Until the order is submitted, the Customers can change and view the product selection and their entries at any time, as well as go back in the ordering process or cancel the ordering process altogether. For this purpose, the Customers can use the available and common functions of their software and/or end device (e.g. the forward and back buttons of the browser or keyboard, mouse and gesture functions on mobile devices). Furthermore, unwanted entries can be corrected by canceling the ordering process.

3. Delivery and Availability of Goods

  1. The ordered goods will be delivered to the specified delivery address, unless otherwise agreed.
  2. If a payment service provider is used with whom a delivery address is deposited and this delivery address is notified to the Vendor as being decisive for the ordered delivery through the use of the means of payment by the Customer, the goods shall be delivered to the deviating delivery address.
  3. Should the delivery of the goods fail through the fault of the Customer despite three attempts at delivery, the Vendor may withdraw from the contract. Any payments made will be refunded to the Customer without delay.
  4. If the ordered product is not available because the Vendor is not supplied with this product by its supplier through no fault of its own, in particular with regard to securing the supply and a possible as well as reasonable effort on its part, the Vendor may withdraw from the contract. If no comparable product is available or if the Customer does not wish a comparable product to be delivered, the Vendor shall immediately reimburse the Customer for any payments already made.

4. Digital Contents

  1. "Digital Contents" is content such as software, video as well as audio content, e-books or apps if it is provided digitally, e.g. as a download or stream (i.e. not delivered on data carriers such as CDs or Blu-Rays).
  2. The provisions of these GTC apply accordingly to the sale of Digital Content.
  3. The Vendor is entitled to subsequently adapt and change Digital Contents, provided that this is necessary for the Vendor (e.g. updates of a technical nature, corrections of a linguistic nature or compelling legal reasons which make an adaptation of contents necessary) and is reasonable for the Customer and the contractual use of the Products as well as the contractual equity are not impaired.
  4. The Customer will be informed expressly and with reasonable advance notice before the possibility of accessing the purchased Digital Content expires.
  5. For the use of the Digital Content, access to the Internet as well as common and usual display options that are reasonable for the Customer (e.g. a browser or PDF display software) are required. The Vendor assumes no responsibility for any impediments to accessing or retrieving Digital Content if such impediments are the responsibility of the Purchaser (this applies in particular to the Purchaser's access to the Internet).
  6. In the case of sales via app/play stores, we ask Customers to observe the contractual terms and customer information applicable in these stores.

5. Digital Services

  1. "Digital Service" means a service that allows the Customer, who is a Consumer, to create, process, store or access data in digital form; or a service that allows the sharing of or any other interaction with data in digital form uploaded or created by the Customer or other users of that service.
  2. The provisions of these GTC shall apply accordingly to Digital Services.

6. Subscriptions

  1. "Subscription" is understood to mean the regular purchase of products or other services by "Subscribers" (how Customers are referred to under Subscription Agreements) within the framework of an ongoing contractual relationship (also referred to as a "Subscription Agreement") for a defined period of time (also referred to as a "Subscription Period").
  2. A Subscription Agreement obliges the Vendor to deliver the services covered by the Subscription Agreement or to perform other services at the agreed times or intervals and within the agreed subscription period. The details of the individual Subscriptions are specified in each case with their respective offers.
  3. The termination only takes effect for the future. From the point at which the termination becomes effective and the contract ends, no further services or deliveries will be provided under the subscription.
  4. Subscriptions are billed in advance at the beginning of each Subscription Period.
  5. The Subscriber shall notify the Vendor immediately of any changes in the delivery or shipping address and shall otherwise be responsible for any impediment to delivery due to failure to notify the Vendor.
  6. The right to termination of the Subscription Agreement for good cause is reserved in accordance with the statutory provisions.
  7. Subscription contracts can only be cancelled electronically by e-mail or in the user account.
  8. Unless otherwise stipulated in the respective offer, the period of notice is one month.

7. Promotional vouchers

  1. "Promotion Vouchers" are vouchers which are issued free of charge by the Vendor within the scope of, for example, promotional campaigns (e.g. discount vouchers with percentage or fixed discounts). In contrast, vouchers that embody a certain monetary or material value and are purchased by the Customer as a product shall not be considered Promotion Vouchers.
  2. Promotion Vouchers can only be accepted on the terms and conditions communicated, subject to restrictions, e.g. validity for certain product groups, frequency of use and, in particular, only within the specified time limit.
  3. Unless otherwise stated, Promotional Vouchers cannot be combined with other Promotional Vouchers.
  4. Promotion vouchers issued by the Vendor may only be redeemed with the Vendor.
  5. Unless otherwise stated, Promotion Vouchers can only be redeemed prior to completion of the order process.
  6. If an amount remains to be paid after a Promotional Voucher has been redeemed, this can be settled using the payment options offered by the Vendor.
  7. If a Promotion Voucher exceeds a value of goods, it will only be taken into account up to the value of the goods without any payment of the remaining amount.

8. Customer Account

  1. The Vendor provides the Customer with a Customer account. Within the Customer account, the Customer is provided with information about the orders and their Customer data stored with the Vendor. The information stored in the Customer account is not public.
  2. To place an order, Customers must create a Customer account. Ordering as a Guest is not possible.
  3. Customers are obligated to provide truthful information in their Customer account and to adjust the information in case of changes in the actual circumstances, as far as this is necessary (e.g. the changed email address in case of a change or the changed postal address before an order). Customers are responsible for any disadvantages that may arise due to incorrect information.
  4. Customers are responsible for their customer accounts within their sphere of influence and to the extent that it is reasonable for them to assume responsibility. It is the customers' responsibility to use the access data for their customer account with the utmost care and to take any measures to ensure the confidential and secure handling of the data and to prevent disclosure to third parties. Customers are required to inform the Vendor immediately if there is reason to suspect that a third party has knowledge of access data and/or is misusing the customer account.
  5. The Customer account may only be used in accordance with the applicable legal provisions, in particular the regulations for the protection of third-party rights, and subject to the Vendor's GTC, using the access masks and other technical access options provided by the Vendor. Any other type of use, in particular by external software such as bots or crawlers, is prohibited.
  6. When customers store, share or otherwise publish content or information in their customer account, they are responsible for that content. Depending on technical capabilities, this content includes texts, images and personal details. The seller does not endorse the customers' content and does not identify with it. However, the seller reserves the right to take necessary actions in cases of legal issues or threats to third parties.These actions are based on carefully selected criteria with the aim of ensuring that each action is justified. It is assessed whether an action is necessary to resolve the problem or avert the danger. Furthermore, it is evaluated whether the action is proportionate to the seriousness of the problem or threat. Care is also taken to ensure that it is carried out with due diligence and after a thorough assessment of all relevant information and circumstances. Finally, the action must be based on an objective and unbiased assessment of the situation.Possible actions include deleting the relevant content, requests for statements or corrections, warnings, legal steps or even bans from premises. In deciding upon these measures, the seller takes into careful consideration the requirements of the situation and the rights and interests of all parties involved. In particular, customers' fundamental rights are taken into account in order to ensure a fair and equitable solution.
  7. Customers can cancel their customer account at any time. The Vendor can cancel the customer account at any time with reasonable notice, which is usually two weeks. The termination must be reasonable for the customer. The Vendor reserves the right to terminate for exceptional reasons.
  8. From the moment of termination, the Customer account and the information stored in the Customer account will no longer be available to the Customer. It is the Customer's responsibility to secure their data upon termination of the Customer account.

9. Prices and Shipping Costs

Unless otherwise stated, all prices are total prices including the applicable statutory value added tax (VAT).

10. Payment Methods and Terms

  1. Unless otherwise agreed, payments shall be made without discounts, reductions or other rebates.
  2. When using financial institutions and other payment service providers, the terms and conditions and data protection information of the payment service providers also apply with regard to payment. Customers are requested to observe these regulations and notes as well as information within the framework of the payment process. This is particularly because the provision of payment methods or the course of the payment procedure may also depend on the agreements between the Customer and financial institutions and payment service providers (e.g. agreed spending limits, location-restricted payment options, verification procedures, etc.).
  3. The Customer shall ensure that the Customer fulfills the conditions incumbent upon the Customer, which are necessary for successful payment by means of the selected payment method. This includes, in particular, sufficient coverage of bank and other payment accounts, registration, legitimation and authorization with payment services and confirmation of transactions.
  4. If a payment is not made or reversed due to insufficient funds in the Customer's account, the provision of incorrect bank details or an unjustified objection by the Customer, then the Customer shall bear the fees incurred as a result, provided that the Customer is responsible for the failed or reversed booking and, in the case of a SEPA credit transfer, was informed of the transfer in good time (so-called "pre-notification").

11. Purchase on account

If the Vendor performs in advance, the delivered products shall remain the property of the Vendor until payment has been made in full.

12. Copyright and Rights of Use

  1. The documents, instructions, informational materials, products and media – such as photographs, images, graphics, videos or audio recordings (hereinafter referred to as "Protected Content") – provided by the Vendor to the Customer may, unless expressly agreed otherwise, be used exclusively for the individual and contractual use by the Customer. In addition, they are protected by intellectual property rights, in particular copyright. The rights of use and exploitation of the Protected Content remain with the Vendor or the respective rights holders. The Customer undertakes to acknowledge and observe these usage restrictions as well as the intellectual property rights.
  2. The Customer is granted simple rights of use to utilise the acquired Protected Content for contractual purposes. Any further use or exploitation of the Protected Content is not permitted. In particular, Protected Content may not be reproduced, distributed, made publicly accessible on the internet or intranets, or otherwise made available to third parties.
  3. The Vendor expressly reserves the right to use the Protected Content for commercial text and data mining. Text and data mining is the automated analysis of individual or multiple digital or digitised works in order to obtain information from them, particularly regarding patterns, trends and correlations. In particular, the Protected Content may not be used for the development, training, programming, improvement and/or enrichment of AI systems (including but not limited to generative AI systems) that can directly or indirectly output content, regardless of whether such content is protected by copyright. Furthermore, the purchaser undertakes to take reasonable and necessary measures to ensure that the acquired Protected Content is not subjected to text and data mining. This includes, for example, incorporating corresponding notices into their own terms of use and ensuring that employees are appropriately instructed (especially in relation to digital content). The specific details depend on the type of Protected Content and the nature of its use.
  4. If the Protected Content is subject to a specific usage licence, Customers will be informed about the usage licence. In the event of any conflict between the usage licence and these Terms and Conditions, the provisions of the usage licence shall prevail.
  5. If the Vendor provides services in advance, the Customer shall receive a simple, non-transferable and revocable right to use the Protected Content until full payment of the remuneration owed has been made.

13. Instructions on Withdrawal

  1. The information regarding the right of withdrawal for consumers is set out in the withdrawal policy of the Vendor. Customers are informed about this in accordance with statutory requirements.
  2. The provisions of these GTC do not limit the statutory rights of withdrawal, cancellation, termination, warranty, and defects as well as other mandatory rights of the Customer and their related payment and other claims, and are subordinate to these rights.

14. Warranty and Liability

  1. The warranty (liability for defects) and liability for other poor performance are subject to statutory provisions, except as otherwise provided.
  2. The Vendor shall not be liable for the Customer's Internet connection or the software and hardware used by the Customer or any disruptions caused by them to the conclusion or performance of the contract between the Customer and the Vendor.
  3. The Vendor shall be liable for damages without limitation insofar as the cause of the damage is based on intent or gross negligence. Furthermore, the Vendor shall be liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, for the breach of obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on the compliance with which the customer regularly relies (cardinal obligations) or in the case of agreed guarantee commitments. In this case, however, the Vendor shall only be liable for the foreseeable, contract-typical and expectable damage. The Vendor shall not be liable for the slightly negligent breach of obligations other than those mentioned above. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the product liability law remains unaffected. Insofar as the Vendor's liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents. In all other respects, claims for damages by the Customer shall be excluded. The above liability provisions shall also apply to claims for damages by the Customer under the Vendor's statutory warranty.
  4. The limitations of warranty and liability obligations as well as shortening of deadlines in this respect shall not apply to claims for damages and reimbursement of expenses of the Customer, goods that have been used in accordance with their customary use for a building and have caused its defectiveness as well as to existing update obligations in the case of contracts for digital products.

15. Change of GTC

  1. The Vendor reserves the right to amend these GTC in the case of long-term debt relationships (i.e. contracts running over a longer period, within the framework of which services and/or counter-services are provided) at any time with effect for the future in the following cases: a) if the amendment serves to bring the GTC into line with applicable law, in particular if the applicable legal situation changes; b) if the amendment serves the Vendor in complying with mandatory court or official decisions; c) if entirely new services or service elements as well as technical or organizational processes require a description in the GTC; d) if the amendment is solely advantageous to the Customers.
  2. In the case of Customers who are Entrepreneurs, changes can also be made in addition to the cases mentioned, provided they are reasonable, appropriate, and objectively justified for the Customer.
  3. The Vendor will send the amended GTC to the Customer's email address registered with the Vendor at least two weeks before they come into effect. If a Customer does not object to the new GTC within two weeks of receiving the email, the amended GTC will be deemed accepted by the Customer. In the notification of the change, the Vendor will inform the Customers of the consequences of not contesting the new GTC. Customers can also agree to the amended GTC by express consent.

16. Data protection and confidentiality

  • The Service Provider processes personal data exclusively in accordance with the applicable data protection laws. Details regarding data processing as well as the rights of the data subjects are outlined in the Service Provider’s privacy policy.

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