Terms and Conditions

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General terms and conditions with customer information

Table of contents
1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment conditions
5. Delivery and shipping conditions
6. Granting of rights of use for digital content
7. Granting of rights of use for license keys
8. Contract duration and termination of subscription contracts
9. Retention of title
10. Liability for defects (warranty)
11. Redemption of promotional vouchers
12. Redemption of gift vouchers
13. Applicable law
14. Alternative dispute resolution

1) Scope
1.1 These general terms and conditions (hereinafter "GTC") of the RoyalArt® agency, Sven Scholz, Edelsteinstr. 17, 23566 Lübeck (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby contradicted, unless otherwise agreed.
1.2 These General Terms and Conditions apply accordingly to contracts for the delivery of digital content, unless expressly agreed otherwise.
1.3 These General Terms and Conditions apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise.
1.4 These General Terms and Conditions apply accordingly to contracts for the delivery of license keys, unless expressly agreed otherwise. The Seller is obliged to provide a license key for the use of the software or content described by him and 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 content. The respective product description in the seller's online shop is decisive for the quality of the software or content.
1.5 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly not be attributed to their commercial or independent professional activity. An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
1.6 Digital content within the meaning of these terms and conditions is all data that is not on a physical data carrier and that is produced in digital form and provided by the seller with the granting of certain rights of use regulated in more detail in these terms and conditions.
1.7 The subject of the contract can - depending on the seller's product description - be both the purchase of goods by way of a one-off delivery and the purchase of goods by way of a permanent delivery (hereinafter "subscription contract"). In the case of a subscription contract, the seller undertakes to deliver the contractually owed goods to the customer for the duration of the agreed contract term at the contractually owed time intervals.


2) Conclusion of contract
2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, 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 seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contract offer in relation to the goods contained in the shopping cart by clicking the button that concludes the ordering process. The customer can also submit the offer to the seller by telephone, fax, email or online contact form.
2.3 The seller 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 the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after placing the 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 seller 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 When submitting an offer via the seller's online order form, the contract text is saved by the seller and sent to the customer after sending their order together with these general terms and conditions in text form (e.g. email, fax or letter). In addition, the contract text is archived on the seller's website and can be accessed free of charge by the customer via their password-protected customer account by entering the relevant login data, provided that the customer has created a customer account in the seller's online shop before sending their order.
2.5 Before submitting the binding 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 for better identifying 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 concludes the ordering process.
2.6 Only the German language is available for the conclusion of the contract.
2.7 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 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) Right of withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.
4) Prices and payment terms
4.1 Unless otherwise stated in the seller's product description, the prices stated are total prices that include statutory sales tax. Any additional delivery and shipping costs are 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 by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to the transfer of money if the delivery is not made 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 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 payment is made using a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 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 .
4.6 If the payment method "SOFORT transfer" is selected, payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via SOFORT transfer, the customer must have an online banking account with PIN/TAN procedure that is activated for participation in SOFORT transfer, identify themselves accordingly during the payment process and confirm the payment order to SOFORT. The payment transaction is carried out immediately afterwards by SOFORT and the customer's bank account is debited. The customer can find more information about the SOFORT transfer payment method on the Internet at https://www.sofort.com/ger-DE/kaeufer/su/so-funktioniert-sofort-ueberweisung/.
4.7 If the payment method SEPA direct debit is selected, the invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before the deadline for advance information has expired. The direct debit is collected when the ordered goods leave the seller's warehouse, but not before the expiry of the advance information period. Advance information ("pre-notification") is any communication (e.g. invoice, policy, contract) from the seller to the customer announcing a debit via SEPA direct debit. If the direct debit is not redeemed due to insufficient funds in the account or due to incorrect bank details being provided, or if the customer objects to the debit although he is not entitled to do so, the customer must bear the fees incurred by the respective credit institution for the chargeback if he is responsible for this.
4.8 ​​If the "PayPal direct debit" payment method is selected, PayPal will collect the invoice amount from the customer's bank account on behalf of the seller after issuing a SEPA direct debit mandate, but not before the expiry of the advance information period. Advance information ("pre-notification") is any communication (e.g. invoice, policy, contract) to the customer announcing a debit via SEPA direct debit. If the direct debit is not honored due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit although he is not entitled to do so, the customer must bear the fees incurred by the respective credit institution for the chargeback if he is responsible for this.

5) Delivery and shipping conditions
5.1 Goods are delivered by shipping to the delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address provided 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 bears the costs for the unsuccessful shipment. This does not apply if the customer effectively exercises his right of withdrawal, if he has not been informed of the circumstances that led to the impossibility of delivery.

6) Granting of rights of use for digital content
6.1 Unless the description of the content in the seller's online shop states otherwise, the seller grants the customer the non-exclusive, geographically and temporally unlimited right to use the content provided for private and business purposes.
6.2 Passing on the content to third parties or making copies for third parties outside the scope of these terms and conditions is not permitted unless the seller has agreed to transfer the license to the third party.
6.3 The granting of rights only takes effect when the customer has paid the contractually owed remuneration in full. The seller can also provisionally permit the use of the content provided for the contract before this point in time. Such provisional permission does not result in a transfer of rights.

7) Granting of rights of use for license keys
7.1 The license key provided entitles the customer to use the software or content shown in the respective product description to the extent described therein.
7.2 The granting of rights only takes effect when the customer has paid the remuneration owed in full.
8) Contract duration and termination of subscription contracts
8.1 Subscription contracts are concluded for a limited period, for the contract term shown in the respective product description in the seller's online shop, and end automatically after the contract term has expired.
8.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists if the terminating party cannot be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period, taking into account all the circumstances of the individual case and weighing up the interests of both parties.
8.3 Terminations must be made in writing or in text form (e.g. by email).
8.2 9) Retention of title
If the seller makes advance payments, he retains title to the goods delivered until the purchase price owed has been paid in full.

10) Liability for defects (warranty)
10.1 If the purchased item is defective, the provisions of statutory liability for defects apply.

10.2 The customer is asked to complain to the deliverer about goods delivered with obvious transport damage and to inform the seller of this. If the customer does not do so, this will have no effect on his statutory or contractual claims for defects.

11) Redemption of promotional vouchers
11.1 Vouchers that are issued free of charge by the seller as part of promotional campaigns with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only during the specified period.
11.2 Individual products may be excluded from the voucher campaign if a corresponding restriction arises from the content of the promotional voucher.
11.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
11.4 Multiple promotional vouchers can also be redeemed in one order.
11.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
11.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.
11.7 The balance of a promotional voucher will not be paid out in cash or bear interest.
11.8 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.
11.9 The promotional voucher is only intended for use by the person named on it. Transferring the promotional voucher to third parties is excluded.
The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

12) Redemption of gift vouchers
12.1 Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated in the voucher.
12.2 Gift vouchers and remaining credit on gift vouchers can be redeemed until the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer until the expiry date.
12.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
12.4 Multiple gift vouchers can also be redeemed in one order.
12.5 Gift vouchers can only be used to purchase goods and not to purchase additional gift vouchers.
12.6 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.
12.7 The balance of a gift voucher will not be paid out in cash or accrue interest.

12.8 The gift voucher is only intended for use by the person named on it. Transferring the gift voucher to third parties is not permitted. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.

13) Applicable law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale 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 state in which the consumer has his or her habitual residence.

14) Alternative dispute resolution
14.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://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 in which a consumer is involved.
14.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.