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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. Remuneration
5. Transfer of the contents
6. Granting of rights of use
7. Liability for defects
8. Applicable law
9. Code of Conduct
10. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter “Terms and Conditions”) of Lisecure.de (hereinafter “Licensor”), shall apply to all contracts for the supply of data not on a physical medium, which are produced and provided in digital form (digital content), which a consumer or entrepreneur (hereinafter “Licensee”) concludes with the Licensor with regard to the digital content presented by the Licensor in its online store. The inclusion of the Licensee’s own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 The subject matter of the agreement is the transfer of the digital content offered by the Licensor to the Licensee in electronic form, subject to the granting of certain rights of use regulated in more detail in these GTC.

1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur within the meaning of these 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 independent professional activity.

2) Conclusion of contract

2.1 The contents published in the online store of the Licensor do not represent binding offers on the part of the Licensor, but serve for the submission of a binding offer by the Licensee.

2.2 The Licensee may submit the offer via the online order form integrated into the Licensor’s online store. After placing the selected content in the virtual shopping cart and going through the electronic ordering process, the Licensee submits a legally binding offer to enter into a contract with respect to the content in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Licensee may also submit the offer to the Licensor by telephone or e-mail.

2.3The Licensor may accept the Licensee’s offer within five days,

• by sending the Licensee a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the Licensee shall be decisive, or
• by handing over the ordered contents to the Licensee, in which case access at the Licensee’s premises shall be decisive, or
• by requesting payment from the Licensee after submission of the Licensee’s order.

If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. If the Licensor does not accept the Licensee’s offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Licensee shall no longer be bound by its declaration of intent.

2.4 If the payment method “Amazon Payments” is selected, the payment shall be 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, available at https://payments.amazon.de/help/Privatkunden/Nutzungsvereinbarung-Richtlinien/Nutzungsvereinbarung. If the Licensee selects “Amazon Payments” as a payment method during the online ordering process, he also issues a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the Licensor declares, notwithstanding Section 2.3, acceptance of the Customer’s offer at the time the Licensee triggers the payment process by clicking the button that concludes the order process.

2.5 The period for acceptance of the offer begins on the day after the offer is sent by the Licensee and ends at the end of the fifth day following the sending of the offer.

2.6 When submitting an offer via the Licensor’s online order form, the text of the contract shall be stored by the Licensor after the conclusion of the contract and transmitted to the Licensee in text form (e.g. e-mail, fax or letter) after the Licensee’s order has been sent. The Licensor shall not make the text of the contract accessible beyond this. If the Licensee has set up a user account in the Licensor’s online store before sending his order, the order data will be archived on the Licensor’s website and can be accessed by the Licensee free of charge via his password-protected user account by providing the relevant login data.

2.7 Before the binding submission of the order via the online order form, the Licensee can continuously correct its entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.

2.8 Only the German language is available for the conclusion of the contract.

2.9 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the Licensor can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the Licensor or by third parties commissioned by the Licensor to process the order can be delivered.

3) Right of withdrawal

Consumers are generally entitled to a right of revocation. Further information on the right of revocation can be found in the licensor’s revocation policy.

3.1 Cancellation reasons

The right of withdrawal shall expire in the case of a contract for the supply of digital content not on a physical medium if the trader has begun performance of the contract after the consumer has

1. 1. has expressly consented to the Contractor commencing performance of the contract before the expiry of the withdrawal period, and
2. 2. has confirmed his knowledge that by his consent he loses his right of withdrawal at the beginning of the execution of the contract.

The consumer’s consent to the expiry of the right of withdrawal is provided in the form of a checkbox before the conclusion of the purchase. The Entrepreneur must provide the Consumer with the opportunity to find out about the current return conditions via this box. By clicking the checkbox and completing the ordering process, the consumer agrees to these conditions.

4) Remuneration

4.1 For the granting of rights to the respective content, the licensor receives a lump-sum license fee, the amount of which is specified in the respective item description.

4.2 The prices quoted by the licensor are total prices and include the statutory value added tax.

4.3 In the case of payments in countries outside the European Union, further costs may be incurred in individual cases for which the Licensor is not responsible and which must be borne by the Licensee. These include, for example, costs for the transfer of funds by credit institutions (e.g. transfer fees, exchange rate fees).

4.4 Various payment options are available to the Licensee, which are specified in the Licensor’s online store.

4.5 If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.6 If the payment method purchase on account is selected, the purchase price is due after the content has been made available and invoiced. In this case, the purchase price is payable within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The Licensor reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the Licensor will inform the Licensee of a corresponding payment restriction in his payment information in the online store. The Licensor further reserves the right to conduct a credit check when selecting the payment method purchase on account and to reject this payment method in the event of a negative credit check.

4.7If the payment method “PayPal” is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

5) Transfer of the contents

The content is provided exclusively in electronic form by e-mail or by download from the Licensor’s website.

6) Granting of rights of use

6.1 Unless otherwise stated in the content description in the Licensor’s online store, the Licensor grants the Licensee the non-exclusive right, unlimited in time and place, to use the provided content for private and business purposes.

6.2 A 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 Licensor has agreed to a transfer of the contractual license to the third party.

6.3The granting of rights shall not become effective until the Licensee has paid the contractually owed remuneration in full. The Licensor may provisionally permit the use of the contractual content even before this point in time. Such provisional permission shall not constitute a transfer of rights.

7) Liability for defects

The statutory liability for defects shall apply.

8) Applicable law

If the Licensee is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this Agreement shall be the Licensor’s place of business. If the Licensee has its registered office outside the territory of the Federal Republic of Germany, the Licensor’s registered office shall be the exclusive place of jurisdiction for all disputes arising from this Agreement if the Agreement or claims arising from the Agreement can be attributed to the Licensee’s professional or commercial activity. In the aforementioned cases, however, the Licensor shall in any case be entitled to invoke the court at the Licensee’s place of business.

9) Code of Conduct

The licensor has submitted to the following code of conduct:

• The Licensor has submitted to the guidelines for “Google Customer Reviews”, which can be viewed on the Internet at https://support.google.com/merchants/topic/7105962.

10) Alternative dispute resolution

10.1The 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 involving a consumer.

10.2 The Licensor is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.