I. General Terms and conditions for consumers
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts you make with us as a supplier (Markus Skroch, Kalthallen Ton- und Bildstudio) over the internet page www.kalthallen.de and its subpages shop.kalthallen.de, cabs.kalthallen.de. Unless otherwise agreed, the inclusion of own conditions, which might be used by you, is contradicted.
(2) consumer within the meaning of the following rules shall mean any natural person who enters into a transaction for purposes which can be attributed mainly neither commercial nor their independent vocational activity. Entrepreneur is any natural or legal person or a legal partnership, in concluding a legal transaction in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of contract
(1) The object of the contract is the sale of downloadable products.
(2) With the setting of an individual download product on our site, we will submit a binding offer to conclude a purchase contract on the terms specified in the item description.
(3) The purchase comes about as follows:
The purchase intended Download articles are stored in the “cart”. On the appropriate button in the navigation bar, you can look at the cart and then make changes at any time. After calling the page “Checkout” and enter your personal details and payment terms all order data will be displayed on the order summary page finally again.
Before submitting the order you have the option here to check all the details again to change (also using the “back” of the Internet browser) or cancel the purchase.
By submitting the order to the button “order” you agree legally binding acceptance of the offer, which the purchase contract is concluded.
(4) The processing of the order and submission of all information required in connection with the contract shall be partially automated by e-mail. They therefore have to ensure that your e-mail address is correct, and the receipt of the e-mails is technically assured and especially not prevented by SPAM filters.
§ 3 user license for downloaded goods
(1) The offered downloadable products are protected by copyright. You are granted to use every product bought by you on one or more of your personal computers, unless otherwise indicated on the product description.
(2) The use license includes permission to download up to 5 copys of the product for your personal and commercial use on your personal computers or other electronic devices.
It is explicitly forbidden to modify a file or parts of it, or edit or resell and provide in any way to third parties privately or commercially.
§ 4 Liability
(1) We are liable for damages from injury to life, body or health, in all cases of intent and gross negligence, fraudulent concealment of a defect in the transfer of guarantee for the quality of the purchase object in damages under the product liability law and in all other cases established by law.
(2) If significant contractual obligations are concerned, our liability for slight negligence on the contract-typical, foreseeable damage. Material contractual obligations are essential obligations arising from the nature of the contract and the breach of which would endanger the purpose of the contract and obligations imposed by the contract by its content for purpose of the contract, make the due and proper execution of the contract possible in the first and whose compliance you may rely.
(3) Liability is excluded for slight negligence case of breach of minor contractual obligations.
(4) Data communication over the Internet can not be guaranteed error free and / or available at any time after the current level of technology. We are not liable for the continuous uninterrupted availability of the website and the services offered there.
§ 5 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law applies. For consumers only, this choice of law insofar as this does the protection afforded by the mandatory provisions of the laws of the State of habitual residence of the consumer is not withdrawn (favourability).
(2) The place of performance for all obligations of the business and the legal venue existing with us is our domicile as far as you are not a consumer, but a merchant, legal entity under public law or public law special fund. The same applies if you have no general jurisdiction in Germany or the EU or the domicile or habitual residence at the time the action is not known. The authority to call the court in another legal jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention does not apply.
II. Customers information
1 Identity of the seller
Am Hardtkopf 5
2 Information about the conclusion of the contract
The technical steps to conclude a contract, the agreement itself and the possibilities of correction, is made in accordance with § 2 of our General Terms and Conditions (Part I.).
Third contract language, the contract text storage
3.1. The contract language is English.
3.2. The full text of the contract is not stored by us. Before submitting the order, the contract data can be printed using the print function of the browser or saved electronically.
4 Key characteristics of the good or service
The essential characteristics of the goods and / or services found in the item description and additional information are available online.
5 Prices and payment
5.1. The product prices and shipping costs are total prices. They include all price components. The invoiced amount is exempt from value-added tax
according to Art. 19(1) of the German VAT code (UStG).
5.2. Since the goods are delivered via download, there are no shipping costs.
5.3. The payment methods available to you are shown under an appropriately labeled button on our website or in the respective product description.
6.1. The delivery date is usually within the same day after payment. (Digital delivery)
As of: August 1st 2014