1.1 These General Terms and Conditions (hereinafter "GTC") of Eskadenia GmbH, acting under "ESTARTA COMPUTER" (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer's own conditions is hereby contradicted, unless something else has been agreed.
1.2 "These General Terms and Conditions apply accordingly to contracts for the delivery of digital content, unless expressly stated otherwise."
1.3 These General Terms and Conditions (AGB) apply accordingly to contracts for the delivery of license keys, unless expressly stated otherwise. The seller is obliged to provide a license key for the use of the software or content described by him, as well as to grant the contractually agreed rights to use the respective software or content. The customer does not acquire any intellectual property rights to the software or the content. The quality of the software or content is determined by the respective product description in the seller's online shop.
1.4 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to either their commercial or independent professional activity. 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 their commercial or independent professional activity.
1.5 Digital content within the meaning of these GTC refers to all data that is not stored on a physical data carrier, which is produced in digital form and provided by the seller with the granting of certain usage rights that are regulated in more detail in these GTC.
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but are used to make a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. In doing so, the customer, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the customer can also submit the offer to the seller by phone, fax, email, or online contact form.
2.3 The seller can accept the customer's offer within five days,
If several of the aforementioned alternatives are present, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the seller 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 If you select the payment method "Amazon Payments", payment is processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https ://payments.amazon.de/help/201751590. If the customer selects “Amazon Payments” as the payment method as part of the online ordering process, he also issues a payment order to Amazon by clicking the button that completes the ordering process. In this case, the seller declares acceptance of the customer's offer at the time the customer initiates the payment process by clicking on the button that completes the ordering process.
2.6 When submitting an offer via the seller's online order form, the contract text is saved by the seller 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 seller will not make the contract text available beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by providing the relevant login details.
2.7 Before bindingly submitting the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better detecting input errors can be the browser's magnification function, which enlarges the display on the screen. As part of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that completes the ordering process.
2.8 Only the German language is available for concluding the contract.
2.9 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address he provided to process the order is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.
3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.
3.3 The right of withdrawal does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address is outside the European Union at the time the contract is concluded.
4.1 Unless otherwise stated in the seller's product description, the prices stated are total prices and include statutory sales tax. Any additional delivery and shipping costs that may arise will be stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for the transfer of money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may arise in relation to the money transfer even if the delivery does not take place to a country outside the European Union but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the seller's online shop.
4.4 If advance payment via bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 When paying using a payment method offered by PayPal, the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), in accordance with the PayPal User Agreement, 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 - in accordance with the terms for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
4.6 When selecting the payment method "SOFORT", the payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as "SOFORT"). In order to pay the invoice amount via "SOFORT", the customer must have an online banking account that is enabled for participation in "SOFORT" with a PIN/TAN procedure, must authenticate themselves during the payment process, and confirm the payment instruction to "SOFORT". The payment transaction will be executed immediately by "SOFORT" and the customer's bank account will be debited. The customer can find more information about the payment method "SOFORT" on the internet at https://www.klarna.com/sofort/.
4.7 When selecting a payment method offered through the payment service "Shopify Payments", the payment processing is carried out by the payment service provider Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter referred to as "Shopify"). The individual payment methods offered through Shopify will be communicated to the customer in the seller's online shop. To process payments, Shopify may use other payment services, for which special payment conditions may apply, of which the customer may be separately informed. Further information about "Shopify Payments" can be accessed online at https://www.shopify.de/payments.
4.8 When selecting the payment method "Invoice Purchase" via Rakuten Checkout, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid to Rakuten Deutschland GmbH, Geisfelder Str. 16, 96050 Bamberg (www.Rakuten.de/checkout) within 10 (ten) days from the invoice date without any deductions, to which the seller assigns their payment claim. The customer can only make payments with debt-releasing effect to Rakuten Deutschland GmbH in this case. The payment method "Invoice Purchase" requires a successful credit check by Rakuten Deutschland GmbH. The seller remains responsible for general customer inquiries regarding the goods, delivery time, shipping, returns, complaints, cancellation declarations, and refunds, even when the payment method "Invoice Purchase" via Rakuten Checkout is selected. Furthermore, the General Terms and Conditions of Rakuten Deutschland GmbH apply, which the customer can access during the ordering process. The seller reserves the right to offer the payment method "Invoice Purchase" only up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in their payment information in the online shop.
4.9 When selecting the payment method SEPA direct debit, the invoice amount is due after the issuance of a SEPA direct debit mandate, but not before the expiration of the advance information period for payment. The direct debit will be collected when the ordered goods leave the seller's warehouse, but not before the expiration of the advance information period. Advance information ("Pre-Notification") is any communication (e.g., invoice, policy, contract) from the seller to the customer that announces a charge via SEPA direct debit. If the direct debit is not honored due to insufficient account coverage or because of the provision of incorrect bank details, or if the customer disputes the debit despite not being entitled to do so, the customer shall bear the fees incurred by the respective credit institution due to the reversal, if he is responsible for this.
5.1 Goods will be delivered by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.
5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer will bear the costs for the unsuccessful shipping. This does not apply if the customer is not responsible for the circumstances that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller announced the service to him a reasonable time in advance had. Furthermore, this does not apply with regard to the shipping costs if the customer effectively exercises his right of cancellation. If the customer effectively exercises the right of cancellation, the return shipping costs will be subject to the provisions set out in the seller's cancellation policy.
5.3 Pickup is not possible for logistical reasons.
5.4 Digital content is provided to the customer exclusively in electronic form as follows:
5.5 License keys will be provided to the customer as follows:
6.1 Unless otherwise stated in the product description in the seller's online shop, the seller grants the customer a non-exclusive, geographically and temporally unlimited right to use the provided content for both private and business purposes.
6.2 "The transfer of the contents to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted, unless the seller has agreed to a transfer of the contractual license to the third party."
6.3 The granting of rights becomes effective only when the customer has fully paid the contractually owed remuneration. The seller may provisionally allow the use of the contractual contents even before this point in time. A transfer of rights does not occur through such provisional permission.
7.1 The provided license key entitles the customer to use the software or content visible in the respective product description to the extent described therein.
7.2 The granting of rights becomes effective only when the customer has fully paid the due compensation.
If the seller makes advance payments, he reserves ownership of the delivered goods until the purchase price owed has been paid in full.
9.1 If the purchased item is defective, the provisions of statutory liability for defects apply.
9.2 Deviating from this, the following applies to used goods: Claims for defects are excluded if the defect occurs after one year from the delivery of the goods. Defects that occur within one year from the delivery of the goods can be asserted within the statutory limitation period. However, the reduction of the liability period to one year does not apply.
9.3 The customer is requested to complain to the deliverer about goods that have obvious transport damage and to inform the seller of this. If the customer does not do this, this will have no effect on his legal or contractual claims for defects.
10.1 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 to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.
10.2 Furthermore, with regard to the statutory right of withdrawal, this choice of law does not apply to consumers who do not belong to a member state of the European Union at the time the contract is concluded and whose sole place of residence and delivery address is outside the European Union at the time the contract is concluded.
12.1 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 purchase or service contracts in which a consumer is involved.
12.2 The seller is neither obliged nor willing to take part in a dispute resolution procedure before a consumer arbitration board.
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