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General Terms and Conditions of DJAMACAT GmbH
DJAMACAT GmbH, Tilly-Schanzen-Straße 17, 17033 Neubrandenburg, Deutschland, hereinafter referred to in short as “DJAMACAT”, is an e-commerce company based in Germany.
1. Definitions
The following terms have the following meanings in these General Terms and Conditions (“AGB”):
a) “Entrepreneur” means every Client who concludes a legal transaction during the course of his trade, business operations or occupational activity.
b) “Consumer” means a Client who is a natural person and who concludes a legal transaction for a purpose, which can predominantly be attributed neither his commercial, business, nor his occupational activity.
c) “Client” means a natural or legal person or partnership with legal capacity, who submits an order for Products and Services on the DJAMACAT website. The term “Client” means, insofar not determined otherwise, Consumer as well as Entrepreneur.
d) “Product” means (physical) goods, software and a decryption or authorisation code, a serial or authorisation number, a download link or similar code or a mechanism, which gives the Client access, the initial or continued use of a Software or of a Service.
e) “Service” means all services of DJAMACAT and/or the provider, which were sold to the Client by DJAMACAT via the DJAMACAT website or other distribution channels.
f) “Software” means all computer programmes of DJAMACAT and/or the provider, which are marketed by DJAMACAT in any form and via any medium via the DJAMACAT website or other distribution channels and/or are subject of a product or service.
g) “Abonnement” means Products or Services with recurring payment obligations (“Abonnements”). The payments are due within the agreed period(s).
h) “Period for the payment of the Abonnement” means the agreed periods during which the payments of the Abonnements are due.
i) “Provider” means every natural or legal person, to which DJAMACAT provides, renders, produces or supplies Products and Services for the purpose of resale to the Client.
2. Object and scope of the conditions
These General Terms and Conditions, apply to all offers, acceptances, supplies, provisions and deliveries by DJAMACAT or to the Client in connection with the sale of the Products and Services defined under Cl. 1 via a DJAMACAT website or other distribution channels. Deviating terms of the Client or of third parties only become part of this contract after written agreement by DJAMACAT. These General Terms and Conditions also apply if DJAMACAT performs the Services while being aware of the Client’s deviating terms and conditions. If the sale of Products and Services includes the provision of Services or other performances by third parties, the special licencing terms and other conditions of the third party apply in addition to these General Terms and Conditions.
3. Conclusion of contract (offer, confirmation and acceptance)
a) An order submitted by a Client constitutes an offer to DJAMACAT for the purchase of Products and Services in accordance to these General Terms and Conditions. These orders require a subsequent acceptance by DJAMACAT. The order of the Client is accepted by the express confirmation or, at the latest, by the delivery of the Product and Service ordered.
b) DJAMACAT is at liberty to use its discretion and provide its performance also via third parties.
4. Assurances by the Client
The Client assures that all details provided by him with the submission of the order (including, but not limited to, the personal data and payment details) are up-to-date and correct in all essential aspects. All costs that are incurred due to the provision of incorrect data by the Client or by a change of the data by the Client after the order has been submitted, shall be borne by the Client. Insofar as the Client has a client account with DJAMACAT, he is responsible for the maintenance and immediate updating of his account details, to ensure that these remain accurate and complete. The Client must not disclose the password for access to the client account to third parties.
5. Authorisations, export, customs duties
a) Insofar as the authorisation or licence from the government or other authorities is required for the purchase, transport or use of the Products and Services, it is the Client’s responsibility to obtain such authorisation or licence at his own expense and to submit it to DJAMACAT upon request. The fact that the Client has not yet received the authorisation or licence, does not entitle the Client to withhold or delay payment. All costs and disbursements incurred by DJAMACAT due to such failure to obtain or incorrect obtaining of authorisations and licences shall be borne by the Client. This does not apply to Consumers with regard to an authorisation or other permission for the transport.
b) The Products and Services sold to the Client electronically or physically can give access to the Client to technologies and Software, which are subject to the export control regulations of the Federal Republic of Germany or those countries to which the Products and Services are sold or in which they are used. The Client undertakes to observe such export control regulations. DJAMACAT has the right to rescind the contract, insofar as the Client breaches the export control regulations.
6. Prices, payment terms and conditions and default of payment
a) The payment of the purchase price is due immediately at the conclusion of the contract and must be made as specified on the DJAMACAT website or other distribution channels. Payments must be made prior to delivery, except where the purchase is made on account. If the Client has acquired an Abonnement, the Client must pay the price for the Abonnement at every payment interval or make the respective purchase price available by means of the payment option agreed between the Client and DJAMACAT.
b) For Entrepreneurs, the following conditions apply:
If a Client is an Entrepreneur, he must identify himself as a business client when submitting the order. If no other details were provided, DJAMACAT shall assume that the address provided is the registered office of the Client. If the VAT ID no. of the Entrepreneur is registered in another country, DJAMACAT is permitted to use these details for tax purposes. DJAMACAT shall calculate the taxes as stipulated by law. DJAMACAT has the right to claim and levy the tax after payment for the Products and Services has been made by the Entrepreneur in accordance with Cl. 6.1. The Entrepreneur has a duty to pay the remaining tax amount to DJAMACAT retrospectively. In addition, the company may have an obligation as recipient of the Products and Services, to transfer value added tax, sales tax or similar excise duties (“reverse-charge taxation”). If the Entrepreneur has a duty to pay or retain taxes on payments to DJAMACAT, DJAMACAT shall continue to have a right to the entire amount due without deductions, in accordance with Cl. 6.1. The purchase price will be increased by the amount of the tax that has been paid or retained by the Entrepreneur. The Entrepreneur shall provide written confirmation to DJAMACAT that all taxes payable will be will be paid to the appropriate tax authority within 30 days after the date of the payment of the purchase price. For the purposes of this clause, taxes are all value added tax, use tax, gross profit tax, trade tax, retailers’ occupation tax as well as other taxes (except tax on the income of DJAMACAT) and similar duties raised by the state or by authorities, except VAT raised by members of the European Union.
c) Individual payment options:
The bank or the credit card issuer of the Client can raise an additional fee for international credit card payments (fees for foreign transactions), depending on whether the Client makes the payment in a foreign currency or to a dealer who has his registered office in another country (e.g. DJAMACAT is a dealer registered in Germany).
Fees for foreign transactions are agreed between the bank/the credit card provider and the Client. DJAMACAT does not have any insight into these agreements and can therefore not provide any information on fees for foreign transactions and similar fees. FOR THIS REASON, THE CONTRACTING PARTIES AGREE THAT ANY LIABILITY OF DJAMACAT FOR FEES RAISED FOR FOREIGN TRANSACTIONS IS EXCLUDED AND THAT THE RESPONSIBILITY FOR PAYMENT OF THESE FEES FOR FOREIGN TRANSACTIONS RESTS EXCLUSIVELY WITH THE CLIENT.
d) If the Client chooses the SEPA direct debit procedure as payment method, the Client shall be notified by means of a prior notification immediately after sending an order (“Prior Notification”). The account of the Client shall be charged one day after the Prior Notification. Should the payment be declined or paid back, for example due to incorrect account details or insufficient funds on the Client’s account, DJAMACAT shall have a right to issue an invoice for the amount of 10.00 EUR for compensation for expenses and cover for the transfer costs. Such fee shall not be raised, if the Client can prove that no losses, or only losses significantly below the fee of 10.00 EURO have been incurred. DJAMACAT shall have the right to demand reimbursement of actual higher costs, if these can be proven.
e) In the event of possible advance deliveries (purchase on account or purchase upon issue of a debit or direct debit authorisation), payments have to be made in full, irrespective of potential complaints for short deliveries or product defects. DJAMACAT reserves the right to cancel the order if payment has not been made within 14 days.
f) Default of payment
Where, in the event of purchase on account, the invoice contains a payment period, the Client shall be in default of payment, if the full payment of the purchase price has not been credited to the account of DJAMACAT or received by DJAMACAT within this period. This also applies if the chosen method of payment is not sufficient to settle the full amount within this period. If DJAMACAT and the Client have agreed the direct debit procedure as payment method, the above-mentioned only applies, if DJAMACAT has made sufficient attempts to debit the sum from the bank account.
g) Default interest
If a Consumer is in default of payment, he must pay interest on arrears in the amount of five percentage points (5 %) above the base interest rate effective at the time of the default. If an Entrepreneur is in default of payment, the default interest is nine percentage points (9 %) above this base interest rate. “Base interest rate” means the rate of interest in accordance with Section 288 German Civil Code (BGB).
h) In the case of default, DJAMACAT reserves the right to cancel the order and/or bring a claim for compensation.
7. Price adjustment for Abonnement Products and Abonnement Services
a) The price for the Products and Services consist of DJAMACAT’s sales margin, DJAMACAT’s procurement costs for the Products and Services and the relevant taxes. The sales margin covers DJAMACAT’s costs for the IT infrastructure, personnel and business processing. During the term of an Abonnement, the scope of the price calculation may alter from one payment interval to the next. For this reason, the contracting parties agree in this Cl. 7 the conditions and procedures for the adjustment of Abonnement prices.
b) All additional taxes and customs duties, which are raised during the sale of Products and Services, shall be borne by the Client. This shall apply accordingly to changes of taxes in and customs duties already charged to the Client. DJAMACAT shall also have the duty to pass on increases and reduction of taxes and customs duties.
c) On the basis of this contract, DJAMACAT shall, at its reasonable discretion, adjust the prices for Products and Services to the adjustment of the costs incurred by DJAMACAT or to the prices, which DJAMACAT has to pay for Products and Services. The price can be increased and shall be reduced if, for example, the procurement costs for Products or Services increase or decrease, or other economic or legal changes lead to a change in the costs (e.g. increased costs for the IT infrastructure or business processing). If costs of a type, e.g. procurement costs increase, DJAMACAT may raise the price only to the degree that there are no decreasing costs of another kind. If costs of a type, e.g. the procurement costs fall, DJAMACAT shall reduce the price to the degree, that it is not offset by increasing costs of another kind. DJAMACAT shall, at its reasonable discretion, determine the time of the price adjustment in such a way, that the cost reductions have the same effects on the price adjustment than the cost increases. If costs of a type, e.g. the procurement costs fall, DJAMACAT shall reduce the price to the degree, that it is not offset by increasing costs of another kind. DJAMACAT shall, at its reasonable discretion, determine the time of the price adjustment in such a way, that the cost reductions have the same effects on the price adjustment than the cost increases.
d) DJAMACAT shall notify the Client of all price adjustments in good time, so that the Client has the opportunity to cancel the Abonnement prior to the invoicing of the amended price.
8. Delivery, delivery period
a) The ordered goods shall be delivered in accordance with the respective delivery information on the respective DJAMACAT website or other distribution channels.
b) The agreed delivery period begins when DJAMACAT receives payment in full and after all data required for the processing of the order by DJMACAT or for the payment service chosen by the Client have been provided.
c) Delivery delays, which are caused by legal or official orders (e.g. restrictions on import or export) and for which DJAMACAT is not responsible, extend the delivery period corresponding to the duration of such impediments. In important cases, DJAMACAT shall immediately notify the Client of their beginning and end, insofar as DJAMACAT is aware of them.
d) Physical Products and Services
Insofar as the Client has neglected to accept the delivered Products, or declines acceptance, the risk for damages or loss of the Product shall pass to the Client, irrespective of DJAMACAT’s all other rights. DJAMACAT shall have the right to attempt to bring about the delivery of the Product, at the expense and risk of the Client, or to store the Product at the expense and risk of the Client, by using ways and means that appear to be suitable and reasonable to DJAMACAT.
DJAMACAT shall have the right to make partial deliveries to a reasonable extent. In the event the DJAMACAT makes partial deliveries to an Entrepreneur, each partial delivery must represent a separate contract, and in the event of defects in one or more partial deliveries, the Entrepreneur does not have the right to cancel subsequent partial deliveries.
The risk of unintentional destruction or an unintentional depreciation shall pass to the Entrepreneur as soon as the Product is received by the person who transports the product, this shall, however, not be later than the delivery to the possession of the Client.
9. Retention of Title
DJAMACAT reserves the right to ownership of the Product until the full payment of all receivables arising from the contract including relating costs and charges (e.g. costs of bills of exchange, financing costs, interest etc.).
10. Rights of use, licence
If the Products and Services supplied by DJAMACAT consist of software described in Clause 1, they are supplied only in accordance with the following licence agreement. The licence agreement becomes effective upon confirmation of these General Terms and Conditions or at the time of purchase or installation of the Products and Services.
a) In such a case, the Products and Services must be installed in a terminal device. Solely DJAMACAT and, if appropriate, their licensors, are entitled to the copyright in the Products and Services. DJAMACAT grants the simple licences for the private use of the Products and Services in a terminal device to the client. Furthermore, the Products and Services may not be reproduced or made publicly accessible on the internet or via a network, or stored on data carriers, nor may they be used or exploited commercially. In addition, processing, decompilation, disassembly and reverse engineering are not permitted. It is further not permitted to exploit bugs and/or errors in programming for own purposes.
b) These rights can be revoked by DJAMACAT at any time without providing any reasons. In this case, the client has an obligation to delete the Products and Services on his terminal device. The authorisation to use the rights that have been granted lapses no later than at the expiry of the licence agreement.
c) In addition to the licence agreement, the terms of use of the respective sales channel (e.g. Apple, Appstore, Google Playstore, Steam) and the granting of rights regulated therein also apply.
d) If, in connection with the Products and Services or in forums operated by DJAMACAT, the client gives access to information via texts, photographs, graphs, videos, links, music etc., the client therefore gratuitously grants DJAMACAT the simple, in terms of territory unrestricted, right of reproduction and making information publicly available in connection with the Products and Services and in the forums. The responsibility for this information lies directly with the client. DJAMACAT does not have any control over this and does not take ownership of such contents. DJAMACAT will not check the contents. If any illegal contents or contents in breach of the terms of use come to light, these will be removed immediately.
e) The client releases DJAMACAT of any claims including claims for compensation made against DJAMACAT by other clients or other third parties for infringement of their rights due to the client’s conduct or due to the contents or data presented by the client. The client reimburses DJAMACAT for all costs incurred due to such claims, in particular costs arising for the legal defence that may potentially be required. All further rights as well as compensation claims by DJAMACAT shall remain unaffected.
f) The client is not entitled to the maintenance of the Products and Services in the version existing at the formation of the contract. DJAMACAT reserves the right to discontinue the operation of one of the Products and Services at any time without stating any reasons.
11. Data protection
The Client’s data are subject to electronic data processing. If necessary, DJAMACAT shall, in compliance with appropriate security measures and taking into consideration the legal requirements, disclose personal data to the provider of the Products and Services purchased by the Client, Service partner or associated companies, which may include some that are outside the European Economic Area, including the USA. DJAMACAT’s full privacy policy can be found under “Data protection”.
12. Defectiveness, claims for defects and exclusion of liability
a) DJAMACAT assumes legal liability exclusively for the proper condition of the Products and Services listed in Cl. 1.
b) All information on DJAMACAT Products and Services are merely descriptions and do not constitute any guarantees.
c) Defectiveness of Products and Services
A product is defective, if it does not have the agreed quality, is not suitable for the agreed purpose, or not suitable for the usual purpose, and does not show the quality that is customary for Products of the same kind, and which the purchaser can expect in consideration of the nature of the product. A product is also defective to the extent that it infringes industrial property rights, copyrights or other rights of third parties. The technical and legal regulations applicable in Germany are decisive, unless otherwise expressly agreed.
Services or the provision of Services is defective, to the extent that they do not correspond to the contractual agreements.
d) PreAlpha, Alpha, Beta phase technical references
If Products and Services are offered within the scope of a PreAlpha, Alpha, Beta test, they constitute unfinished Products and Services.
The Client is aware that Products and Services in PreAlpha, Alpha, Beta version may be defective and that they may have, in particular, errors in the Software design and programming as well as security gaps. The user is also aware that the Products and Services may alter in the future. DJAMACAT has, in particular, the right to limit the range of functions of Services and performances that are provided free of charge, or to offer such functions subject to fees in the future. The user shall be notified in advance of any changes. The user is also aware that the encryption method used may become unsafe in the future.
e) Duty to examine and duty to notify
Entrepreneurs have a duty to examine the Products to the customary extent immediately after receipt and to ascertain that they are in good order and condition, correspond to the product description and that they are complete. Rights by virtue of the defectiveness of a Product or a short delivery can only be exercised insofar as the Client reports the defectiveness or the short delivery to DJAMACAT in writing or via e-mail immediately and no later than within five days after the receipt of the Products, or in the case of a hidden defect immediately after the discovery of the hidden defect. Section 377 of the German Commercial Code (HGB) applies additionally.
f) Claims for defects
For Consumers, the legal limitation period of two years from the transfer of the goods applies.
If the Client is an Entrepreneur, claims for defects become time-barred within 12 months from the transfer of products and services. This does not apply to claims due to injury to life, body or health, as a result of a negligent breach of duty by DJAMACAT or a wilful or negligent breach of duty of a legal representative or vicarious agent of DJAMACAT.
Any assignment of claims for defects is excluded, unless the Client is a Consumer.
g) Exclusion of liability
Compensation claims by the Client are excluded.
This does not apply to claims for compensation by the Client as a result of injury to life, body or health as well as liability for other damages which are based on a wilful or grossly negligent breach of duty by DJAMACAT, its legal representative or vicarious agent. Further, the liability for breach of duties, the fulfilment of which is a prerequisite for the proper implementation of the contract and on which the customer may regularly rely, remains unaffected. In case of a slightly negligent breach of these contractual duties, DJAMACAT shall only be liable for contractually typical foreseeable damage, unless the Client’s claims for compensation arise from an injury to life, body or health.
This also applies in favour of DJAMACAT’s legal representatives and vicarious agents, if claims are asserted directly against them.
The provisions of the product liability laws well as the Federal Data Protection Act remain unaffected.
13. Consumer’s right of revocation
The regulations established in this section 13, apply exclusively to Consumers, who are submitting their order from a member state of the European Union:
a) Withdrawal
Consumers have the right to withdraw from this contract within fourteen (14) days without stating any reasons.
In the case of a contract for Services or a contract for the supply of digital or individually acquired or recurring contents, which are not supplied on a physical data carrier, the cancellation period is fourteen days from the day of the conclusion of the contract.
In the case of a contract of purchase regarding the delivery of goods (e.g. backup CDs), the cancellation period is fourteen days from the day the Consumer or a third party appointed by the Consumer, who is not the carrier, has taken possession of the goods.
The right of revocation does not arise and exist in accordance with Section 312 (g) (2) BGB (German Civil Code)
in case of contracts for the delivery of goods, which are not prefabricated and for the production of which an individual choice or determination by the Consumer is decisive, or which are clearly tailored to the personal requirements of the Consumer (Section 312 (g) (2)(1) BGB), and
contracts for the delivery of audio and video recordings or computer Software in a sealed package, if the seal was removed after delivery (Section 312 (g) (2)(6) BGB).
b) WAIVER OF THE ENFORCEMENT OF THE RIGHT TO REVOCATION
THE REGULATIONS ESTABLISHED IN THIS CL. APPLY EXCLUSIVELY TO CONSUMERS, WHO ARE ENTERING INTO A CONTRACT FOR THE DELIVERY OF DIGITAL CONTENTS, WHICH ARE NOT SUPPLIED ON A PHYSICAL DATA CARRIER.
IN ACCORDANCE WITH SECTION 356 (5) BGB, THE CONSUMER EXPRESSLY AGREES THAT DJAMACAT SHALL BEGIN WITH THE IMPLEMENTATION OF THIS CONTRACT PRIOR TO THE EXPIRY OF THE RIGHT TO REVOCATION AND IS AWARE THAT THE CONSUMER SHALL LOSE HIS RIGHT TO REVOCATION WITH THE START OF THE IMPLEMENTATION OF THIS CONTRACT.
c) To assert the right to revocation, the Client must notify DJAMACAT (DJAMACAT GmbH,
Tilly-Schanzen-Straße 17, 17033 Neubrandenburg, Deutschland, Telephone: +49 (0)395 37948800, Fax: +49 (0) 395 37948801,e-mail: contact@djamacat.com) by means of a clear declaration (e.g. letter, fax or e-mail) of his decision to revoke the contract. Upon these instructions of cancellation, the Consumer may use the following sample withdrawal form, which, however, is not required.
To comply with the cancellation period, it is sufficient if the Consumer sends the notification prior to the expiry of the revocation period, advising that the right of cancellation is exercised.
d) Legal consequences of the cancellation
If the Consumer revokes this contract, DJAMACAT is obliged to return all payments DJAMACAT received from you, including delivery costs (except the additional costs incurred by the Customer’s selection of a way of delivery, which differs from the most economical standard delivery offered by DJAMACAT). Such return payment must be made immediately and no later than within fourteen days from the day on which DJAMACAT received your notification that you are cancelling the contract. For this return payment, DJAMACAT shall use the same means of payment used by the Consumer for the original transaction, unless otherwise expressly agreed with the Consumer. In no event will the Consumer be charged a fee due to this return payment.
For a contract for Services, the following applies: If the Consumer has requested that the Services shall begin during the revocation period, the Consumer shall pay a reasonable amount to DJAMACAT, which corresponds to the Services already rendered, in comparison to the overall Services envisaged in the contract, up to the point in time, when the Consumer notifies DJAMACAT that he wishes to exercise the right to revocation regarding this contract.
DJAMACAT may refuse return payment until DJAMACAT has received the returned goods or until the Consumer has provided evidence that he has returned the goods, whichever is earlier. The consumer shall return the goods or hand them back to DJAMACAT immediately and in any event no later than within fourteen days from the day the Consumer has notified DJAMACAT of the cancellation of this contract. The deadline is met if the Consumer sends the goods before the expiry of the fourteen-day deadline. The consumer bears the direct costs of returning the goods. If the order value of the returned goods exceeds 40 EUR, DJAMACAT will bear the cost of the return.
The Consumer only has to pay for any loss in value of the goods if this loss of value is due to handling that is not necessary for the examination of the condition, capacity and functioning of the goods.
End of cancellation policy
Specimen revocation form
(If you wish to cancel the contract, please complete this form and return it.)
To DJAMACAT GmbH, Tilly-Schanzen-Straße 17, 17033 Neubrandenburg, Deutschland, Telephone: +49 (0)395 37948800, Fax: +49 (0) 395 37948801, e-mail: contact@djamacat.com
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following Services (*)
Ordered on (*)/ received on (*)
Name of the Consumer(s)
Address of the Consumer(s)
Signature of the Consumer(s) (only in case of notification on paper)
Date
(*) delete as appropriate.
14. Cancellation of Abonnements
a) Clients may cancel Abonnements for Products and Services as specified on the DJAMACAT website or other distribution channels. The cancellation only becomes effective on the day of the end of the current Abonnement.
b) DJAMACAT has the right to cancel a user account or a specific Abonnement/specific Abonnements in the following cases: (a) DJAMACAT shall generally discontinue the provision of Abonnements for subscribers in a similar situation, or (b) the Client breaches conditions of the present agreement (including possible conditions for Abonnements or user guidelines/playing rules). In the event that a user account or a specific Abonnement is terminated or cancelled due to a breach of the present agreement or due to conduct that is against the rules or unlawful, the Client does not have any entitlement to the reimbursement of payments, in particular the Client does not have any entitlement to the reimbursement of fees for Abonnements or for unused credits.
c) The use of the Products and Services sold by DJAMACAT may be dependent on the online platforms maintained by the provider, the data processed by the provider and on the ability of the provider to provide the Services. If the provider completely or partially discontinues the provision of the corresponding online platform, discontinues the data processing or the provision of the corresponding services (“Closure”), DJAMACAT shall have the right to cancel the Abonnement with effect of the date of the Closure. DJAMACAT shall reimburse the Client - pro rata temporis - the price of the period of the Abonnement remaining after the Closure.
15. Place of performance
For contracts with Entrepreneurs, the agreed place of performance for delivery and payment is the registered office of DJAMACAT, which is Neubrandenburg, Germany.
16. Dispute resolution, place of Jurisdiction and applicable law
a) For the settlement of all disputes and claims, the Client can contact DJAMACAT at any time at the email address contact@DJAMACAT.com. Consumer, who submit their orders from a European Union member state, can find general information on the obligations and mechanisms in connection with online dispute resolution here (http://ec.europa.eu/consumers/odr/). DJAMACAT does not participate in dispute settlement proceedings before consumer conciliation boards.
b) Place of Jurisdiction and applicable law for Entrepreneurs
Exclusive place of jurisdiction for disputes arising from or in connection with this contract shall be Neubrandenburg, Germany.
This contract is subject to German law. The provision of the UN Vienna Convention of 11 April 1980 for contracts on international sale of goods (UN Sales Law) do not apply.
c) Place of Jurisdiction and applicable law for Consumers
For contracts with Consumers, the general place of jurisdiction is determined in accordance with the provisions of German law.
This contract is subject to German law. For orders by Consumers whose habitual residence is outside the Federal Republic of Germany, mandatory provisions and the mandatory protection of the respective country of residence developed by case law remain in place and are applied accordingly. The provision of the UN Vienna Convention of 11 April 1980 for contracts on international sale of goods (UN Sales Law) do not apply.
17. Entire agreement
These General Terms and Conditions contain all agreements between the parties on the depicted processes and replaces all prior or simultaneous agreements, communications and arrangements between the parties (whether written or oral) regarding the matter regulated here. Amendments and supplements to these General Terms and Conditions must be made in writing. The written form requirement can only be waived in writing.
18. Amendments of the General Terms and Conditions
a) DJAMACAT has the right to amend the General Terms and Conditions with future effect. DJAMACAT shall only make such amendments for valid reasons, in particular due to new technical developments, expansion of the Products and Services, changes in the law or case law, or for other equally valid reasons. If the amendment would have a considerable detrimental effect on the contractual balance between DJAMACAT and the client, the amendment shall not be made. Apart from that, any amendments require the consent of the client. The client agrees to be notified of amendments of the General Terms and Conditions via email to the email address most recently provided by the client. They are deemed as accepted, if the client does not object in writing or in text form (e.g. via email or fax) within 8 weeks of receiving such amendments (“Objection period”). DJAMACAT shall advise of this separately in the notification of change. For evidence reasons, it is recommended to the client to address the objection in writing or via email to DJAMACAT. In the latter case, it is advisable to indicate the name of the Product or Service as well as the name in the subject heading.
b) If the client does not object to the amended General Terms and Conditions within the Objection period or still continues to use the Products and Services despite receiving the notification of change, the amended or supplemental General Terms and Conditions shall become effective.
c) If the client raises an objection in time, both DJAMACAT and the client have the right to ordinarily terminate the contractual relationship. Any prices paid in advance for a period beyond the termination date shall be refunded to the client pro rata or credited to other Products and Services. In the notification of change, DJAMACAT shall make specific reference to the option to object and to terminate, the termination period and the legal consequences, in particular regarding failure to object.
19. Severability clause
Should a provision in these General Terms and Conditions or a provision within the scope of other agreements be or become invalid, this shall not affect the validity of all other agreements or provisions. The legal regulations shall apply instead of the invalid provisions.
DJAMACAT GmbH
DJAMACAT GmbH, Tilly-Schanzen-Straße 17, 17033 Neubrandenburg, Deutschland, hereinafter referred to in short as “DJAMACAT”, is an e-commerce company based in Germany.
1. Definitions
The following terms have the following meanings in these General Terms and Conditions (“AGB”):
a) “Entrepreneur” means every Client who concludes a legal transaction during the course of his trade, business operations or occupational activity.
b) “Consumer” means a Client who is a natural person and who concludes a legal transaction for a purpose, which can predominantly be attributed neither his commercial, business, nor his occupational activity.
c) “Client” means a natural or legal person or partnership with legal capacity, who submits an order for Products and Services on the DJAMACAT website. The term “Client” means, insofar not determined otherwise, Consumer as well as Entrepreneur.
d) “Product” means (physical) goods, software and a decryption or authorisation code, a serial or authorisation number, a download link or similar code or a mechanism, which gives the Client access, the initial or continued use of a Software or of a Service.
e) “Service” means all services of DJAMACAT and/or the provider, which were sold to the Client by DJAMACAT via the DJAMACAT website or other distribution channels.
f) “Software” means all computer programmes of DJAMACAT and/or the provider, which are marketed by DJAMACAT in any form and via any medium via the DJAMACAT website or other distribution channels and/or are subject of a product or service.
g) “Abonnement” means Products or Services with recurring payment obligations (“Abonnements”). The payments are due within the agreed period(s).
h) “Period for the payment of the Abonnement” means the agreed periods during which the payments of the Abonnements are due.
i) “Provider” means every natural or legal person, to which DJAMACAT provides, renders, produces or supplies Products and Services for the purpose of resale to the Client.
2. Object and scope of the conditions
These General Terms and Conditions, apply to all offers, acceptances, supplies, provisions and deliveries by DJAMACAT or to the Client in connection with the sale of the Products and Services defined under Cl. 1 via a DJAMACAT website or other distribution channels. Deviating terms of the Client or of third parties only become part of this contract after written agreement by DJAMACAT. These General Terms and Conditions also apply if DJAMACAT performs the Services while being aware of the Client’s deviating terms and conditions. If the sale of Products and Services includes the provision of Services or other performances by third parties, the special licencing terms and other conditions of the third party apply in addition to these General Terms and Conditions.
3. Conclusion of contract (offer, confirmation and acceptance)
a) An order submitted by a Client constitutes an offer to DJAMACAT for the purchase of Products and Services in accordance to these General Terms and Conditions. These orders require a subsequent acceptance by DJAMACAT. The order of the Client is accepted by the express confirmation or, at the latest, by the delivery of the Product and Service ordered.
b) DJAMACAT is at liberty to use its discretion and provide its performance also via third parties.
4. Assurances by the Client
The Client assures that all details provided by him with the submission of the order (including, but not limited to, the personal data and payment details) are up-to-date and correct in all essential aspects. All costs that are incurred due to the provision of incorrect data by the Client or by a change of the data by the Client after the order has been submitted, shall be borne by the Client. Insofar as the Client has a client account with DJAMACAT, he is responsible for the maintenance and immediate updating of his account details, to ensure that these remain accurate and complete. The Client must not disclose the password for access to the client account to third parties.
5. Authorisations, export, customs duties
a) Insofar as the authorisation or licence from the government or other authorities is required for the purchase, transport or use of the Products and Services, it is the Client’s responsibility to obtain such authorisation or licence at his own expense and to submit it to DJAMACAT upon request. The fact that the Client has not yet received the authorisation or licence, does not entitle the Client to withhold or delay payment. All costs and disbursements incurred by DJAMACAT due to such failure to obtain or incorrect obtaining of authorisations and licences shall be borne by the Client. This does not apply to Consumers with regard to an authorisation or other permission for the transport.
b) The Products and Services sold to the Client electronically or physically can give access to the Client to technologies and Software, which are subject to the export control regulations of the Federal Republic of Germany or those countries to which the Products and Services are sold or in which they are used. The Client undertakes to observe such export control regulations. DJAMACAT has the right to rescind the contract, insofar as the Client breaches the export control regulations.
6. Prices, payment terms and conditions and default of payment
a) The payment of the purchase price is due immediately at the conclusion of the contract and must be made as specified on the DJAMACAT website or other distribution channels. Payments must be made prior to delivery, except where the purchase is made on account. If the Client has acquired an Abonnement, the Client must pay the price for the Abonnement at every payment interval or make the respective purchase price available by means of the payment option agreed between the Client and DJAMACAT.
b) For Entrepreneurs, the following conditions apply:
If a Client is an Entrepreneur, he must identify himself as a business client when submitting the order. If no other details were provided, DJAMACAT shall assume that the address provided is the registered office of the Client. If the VAT ID no. of the Entrepreneur is registered in another country, DJAMACAT is permitted to use these details for tax purposes. DJAMACAT shall calculate the taxes as stipulated by law. DJAMACAT has the right to claim and levy the tax after payment for the Products and Services has been made by the Entrepreneur in accordance with Cl. 6.1. The Entrepreneur has a duty to pay the remaining tax amount to DJAMACAT retrospectively. In addition, the company may have an obligation as recipient of the Products and Services, to transfer value added tax, sales tax or similar excise duties (“reverse-charge taxation”). If the Entrepreneur has a duty to pay or retain taxes on payments to DJAMACAT, DJAMACAT shall continue to have a right to the entire amount due without deductions, in accordance with Cl. 6.1. The purchase price will be increased by the amount of the tax that has been paid or retained by the Entrepreneur. The Entrepreneur shall provide written confirmation to DJAMACAT that all taxes payable will be will be paid to the appropriate tax authority within 30 days after the date of the payment of the purchase price. For the purposes of this clause, taxes are all value added tax, use tax, gross profit tax, trade tax, retailers’ occupation tax as well as other taxes (except tax on the income of DJAMACAT) and similar duties raised by the state or by authorities, except VAT raised by members of the European Union.
c) Individual payment options:
The bank or the credit card issuer of the Client can raise an additional fee for international credit card payments (fees for foreign transactions), depending on whether the Client makes the payment in a foreign currency or to a dealer who has his registered office in another country (e.g. DJAMACAT is a dealer registered in Germany).
Fees for foreign transactions are agreed between the bank/the credit card provider and the Client. DJAMACAT does not have any insight into these agreements and can therefore not provide any information on fees for foreign transactions and similar fees. FOR THIS REASON, THE CONTRACTING PARTIES AGREE THAT ANY LIABILITY OF DJAMACAT FOR FEES RAISED FOR FOREIGN TRANSACTIONS IS EXCLUDED AND THAT THE RESPONSIBILITY FOR PAYMENT OF THESE FEES FOR FOREIGN TRANSACTIONS RESTS EXCLUSIVELY WITH THE CLIENT.
d) If the Client chooses the SEPA direct debit procedure as payment method, the Client shall be notified by means of a prior notification immediately after sending an order (“Prior Notification”). The account of the Client shall be charged one day after the Prior Notification. Should the payment be declined or paid back, for example due to incorrect account details or insufficient funds on the Client’s account, DJAMACAT shall have a right to issue an invoice for the amount of 10.00 EUR for compensation for expenses and cover for the transfer costs. Such fee shall not be raised, if the Client can prove that no losses, or only losses significantly below the fee of 10.00 EURO have been incurred. DJAMACAT shall have the right to demand reimbursement of actual higher costs, if these can be proven.
e) In the event of possible advance deliveries (purchase on account or purchase upon issue of a debit or direct debit authorisation), payments have to be made in full, irrespective of potential complaints for short deliveries or product defects. DJAMACAT reserves the right to cancel the order if payment has not been made within 14 days.
f) Default of payment
Where, in the event of purchase on account, the invoice contains a payment period, the Client shall be in default of payment, if the full payment of the purchase price has not been credited to the account of DJAMACAT or received by DJAMACAT within this period. This also applies if the chosen method of payment is not sufficient to settle the full amount within this period. If DJAMACAT and the Client have agreed the direct debit procedure as payment method, the above-mentioned only applies, if DJAMACAT has made sufficient attempts to debit the sum from the bank account.
g) Default interest
If a Consumer is in default of payment, he must pay interest on arrears in the amount of five percentage points (5 %) above the base interest rate effective at the time of the default. If an Entrepreneur is in default of payment, the default interest is nine percentage points (9 %) above this base interest rate. “Base interest rate” means the rate of interest in accordance with Section 288 German Civil Code (BGB).
h) In the case of default, DJAMACAT reserves the right to cancel the order and/or bring a claim for compensation.
7. Price adjustment for Abonnement Products and Abonnement Services
a) The price for the Products and Services consist of DJAMACAT’s sales margin, DJAMACAT’s procurement costs for the Products and Services and the relevant taxes. The sales margin covers DJAMACAT’s costs for the IT infrastructure, personnel and business processing. During the term of an Abonnement, the scope of the price calculation may alter from one payment interval to the next. For this reason, the contracting parties agree in this Cl. 7 the conditions and procedures for the adjustment of Abonnement prices.
b) All additional taxes and customs duties, which are raised during the sale of Products and Services, shall be borne by the Client. This shall apply accordingly to changes of taxes in and customs duties already charged to the Client. DJAMACAT shall also have the duty to pass on increases and reduction of taxes and customs duties.
c) On the basis of this contract, DJAMACAT shall, at its reasonable discretion, adjust the prices for Products and Services to the adjustment of the costs incurred by DJAMACAT or to the prices, which DJAMACAT has to pay for Products and Services. The price can be increased and shall be reduced if, for example, the procurement costs for Products or Services increase or decrease, or other economic or legal changes lead to a change in the costs (e.g. increased costs for the IT infrastructure or business processing). If costs of a type, e.g. procurement costs increase, DJAMACAT may raise the price only to the degree that there are no decreasing costs of another kind. If costs of a type, e.g. the procurement costs fall, DJAMACAT shall reduce the price to the degree, that it is not offset by increasing costs of another kind. DJAMACAT shall, at its reasonable discretion, determine the time of the price adjustment in such a way, that the cost reductions have the same effects on the price adjustment than the cost increases. If costs of a type, e.g. the procurement costs fall, DJAMACAT shall reduce the price to the degree, that it is not offset by increasing costs of another kind. DJAMACAT shall, at its reasonable discretion, determine the time of the price adjustment in such a way, that the cost reductions have the same effects on the price adjustment than the cost increases.
d) DJAMACAT shall notify the Client of all price adjustments in good time, so that the Client has the opportunity to cancel the Abonnement prior to the invoicing of the amended price.
8. Delivery, delivery period
a) The ordered goods shall be delivered in accordance with the respective delivery information on the respective DJAMACAT website or other distribution channels.
b) The agreed delivery period begins when DJAMACAT receives payment in full and after all data required for the processing of the order by DJMACAT or for the payment service chosen by the Client have been provided.
c) Delivery delays, which are caused by legal or official orders (e.g. restrictions on import or export) and for which DJAMACAT is not responsible, extend the delivery period corresponding to the duration of such impediments. In important cases, DJAMACAT shall immediately notify the Client of their beginning and end, insofar as DJAMACAT is aware of them.
d) Physical Products and Services
Insofar as the Client has neglected to accept the delivered Products, or declines acceptance, the risk for damages or loss of the Product shall pass to the Client, irrespective of DJAMACAT’s all other rights. DJAMACAT shall have the right to attempt to bring about the delivery of the Product, at the expense and risk of the Client, or to store the Product at the expense and risk of the Client, by using ways and means that appear to be suitable and reasonable to DJAMACAT.
DJAMACAT shall have the right to make partial deliveries to a reasonable extent. In the event the DJAMACAT makes partial deliveries to an Entrepreneur, each partial delivery must represent a separate contract, and in the event of defects in one or more partial deliveries, the Entrepreneur does not have the right to cancel subsequent partial deliveries.
The risk of unintentional destruction or an unintentional depreciation shall pass to the Entrepreneur as soon as the Product is received by the person who transports the product, this shall, however, not be later than the delivery to the possession of the Client.
9. Retention of Title
DJAMACAT reserves the right to ownership of the Product until the full payment of all receivables arising from the contract including relating costs and charges (e.g. costs of bills of exchange, financing costs, interest etc.).
10. Rights of use, licence
If the Products and Services supplied by DJAMACAT consist of software described in Clause 1, they are supplied only in accordance with the following licence agreement. The licence agreement becomes effective upon confirmation of these General Terms and Conditions or at the time of purchase or installation of the Products and Services.
a) In such a case, the Products and Services must be installed in a terminal device. Solely DJAMACAT and, if appropriate, their licensors, are entitled to the copyright in the Products and Services. DJAMACAT grants the simple licences for the private use of the Products and Services in a terminal device to the client. Furthermore, the Products and Services may not be reproduced or made publicly accessible on the internet or via a network, or stored on data carriers, nor may they be used or exploited commercially. In addition, processing, decompilation, disassembly and reverse engineering are not permitted. It is further not permitted to exploit bugs and/or errors in programming for own purposes.
b) These rights can be revoked by DJAMACAT at any time without providing any reasons. In this case, the client has an obligation to delete the Products and Services on his terminal device. The authorisation to use the rights that have been granted lapses no later than at the expiry of the licence agreement.
c) In addition to the licence agreement, the terms of use of the respective sales channel (e.g. Apple, Appstore, Google Playstore, Steam) and the granting of rights regulated therein also apply.
d) If, in connection with the Products and Services or in forums operated by DJAMACAT, the client gives access to information via texts, photographs, graphs, videos, links, music etc., the client therefore gratuitously grants DJAMACAT the simple, in terms of territory unrestricted, right of reproduction and making information publicly available in connection with the Products and Services and in the forums. The responsibility for this information lies directly with the client. DJAMACAT does not have any control over this and does not take ownership of such contents. DJAMACAT will not check the contents. If any illegal contents or contents in breach of the terms of use come to light, these will be removed immediately.
e) The client releases DJAMACAT of any claims including claims for compensation made against DJAMACAT by other clients or other third parties for infringement of their rights due to the client’s conduct or due to the contents or data presented by the client. The client reimburses DJAMACAT for all costs incurred due to such claims, in particular costs arising for the legal defence that may potentially be required. All further rights as well as compensation claims by DJAMACAT shall remain unaffected.
f) The client is not entitled to the maintenance of the Products and Services in the version existing at the formation of the contract. DJAMACAT reserves the right to discontinue the operation of one of the Products and Services at any time without stating any reasons.
11. Data protection
The Client’s data are subject to electronic data processing. If necessary, DJAMACAT shall, in compliance with appropriate security measures and taking into consideration the legal requirements, disclose personal data to the provider of the Products and Services purchased by the Client, Service partner or associated companies, which may include some that are outside the European Economic Area, including the USA. DJAMACAT’s full privacy policy can be found under “Data protection”.
12. Defectiveness, claims for defects and exclusion of liability
a) DJAMACAT assumes legal liability exclusively for the proper condition of the Products and Services listed in Cl. 1.
b) All information on DJAMACAT Products and Services are merely descriptions and do not constitute any guarantees.
c) Defectiveness of Products and Services
A product is defective, if it does not have the agreed quality, is not suitable for the agreed purpose, or not suitable for the usual purpose, and does not show the quality that is customary for Products of the same kind, and which the purchaser can expect in consideration of the nature of the product. A product is also defective to the extent that it infringes industrial property rights, copyrights or other rights of third parties. The technical and legal regulations applicable in Germany are decisive, unless otherwise expressly agreed.
Services or the provision of Services is defective, to the extent that they do not correspond to the contractual agreements.
d) PreAlpha, Alpha, Beta phase technical references
If Products and Services are offered within the scope of a PreAlpha, Alpha, Beta test, they constitute unfinished Products and Services.
The Client is aware that Products and Services in PreAlpha, Alpha, Beta version may be defective and that they may have, in particular, errors in the Software design and programming as well as security gaps. The user is also aware that the Products and Services may alter in the future. DJAMACAT has, in particular, the right to limit the range of functions of Services and performances that are provided free of charge, or to offer such functions subject to fees in the future. The user shall be notified in advance of any changes. The user is also aware that the encryption method used may become unsafe in the future.
e) Duty to examine and duty to notify
Entrepreneurs have a duty to examine the Products to the customary extent immediately after receipt and to ascertain that they are in good order and condition, correspond to the product description and that they are complete. Rights by virtue of the defectiveness of a Product or a short delivery can only be exercised insofar as the Client reports the defectiveness or the short delivery to DJAMACAT in writing or via e-mail immediately and no later than within five days after the receipt of the Products, or in the case of a hidden defect immediately after the discovery of the hidden defect. Section 377 of the German Commercial Code (HGB) applies additionally.
f) Claims for defects
For Consumers, the legal limitation period of two years from the transfer of the goods applies.
If the Client is an Entrepreneur, claims for defects become time-barred within 12 months from the transfer of products and services. This does not apply to claims due to injury to life, body or health, as a result of a negligent breach of duty by DJAMACAT or a wilful or negligent breach of duty of a legal representative or vicarious agent of DJAMACAT.
Any assignment of claims for defects is excluded, unless the Client is a Consumer.
g) Exclusion of liability
Compensation claims by the Client are excluded.
This does not apply to claims for compensation by the Client as a result of injury to life, body or health as well as liability for other damages which are based on a wilful or grossly negligent breach of duty by DJAMACAT, its legal representative or vicarious agent. Further, the liability for breach of duties, the fulfilment of which is a prerequisite for the proper implementation of the contract and on which the customer may regularly rely, remains unaffected. In case of a slightly negligent breach of these contractual duties, DJAMACAT shall only be liable for contractually typical foreseeable damage, unless the Client’s claims for compensation arise from an injury to life, body or health.
This also applies in favour of DJAMACAT’s legal representatives and vicarious agents, if claims are asserted directly against them.
The provisions of the product liability laws well as the Federal Data Protection Act remain unaffected.
13. Consumer’s right of revocation
The regulations established in this section 13, apply exclusively to Consumers, who are submitting their order from a member state of the European Union:
a) Withdrawal
Consumers have the right to withdraw from this contract within fourteen (14) days without stating any reasons.
In the case of a contract for Services or a contract for the supply of digital or individually acquired or recurring contents, which are not supplied on a physical data carrier, the cancellation period is fourteen days from the day of the conclusion of the contract.
In the case of a contract of purchase regarding the delivery of goods (e.g. backup CDs), the cancellation period is fourteen days from the day the Consumer or a third party appointed by the Consumer, who is not the carrier, has taken possession of the goods.
The right of revocation does not arise and exist in accordance with Section 312 (g) (2) BGB (German Civil Code)
in case of contracts for the delivery of goods, which are not prefabricated and for the production of which an individual choice or determination by the Consumer is decisive, or which are clearly tailored to the personal requirements of the Consumer (Section 312 (g) (2)(1) BGB), and
contracts for the delivery of audio and video recordings or computer Software in a sealed package, if the seal was removed after delivery (Section 312 (g) (2)(6) BGB).
b) WAIVER OF THE ENFORCEMENT OF THE RIGHT TO REVOCATION
THE REGULATIONS ESTABLISHED IN THIS CL. APPLY EXCLUSIVELY TO CONSUMERS, WHO ARE ENTERING INTO A CONTRACT FOR THE DELIVERY OF DIGITAL CONTENTS, WHICH ARE NOT SUPPLIED ON A PHYSICAL DATA CARRIER.
IN ACCORDANCE WITH SECTION 356 (5) BGB, THE CONSUMER EXPRESSLY AGREES THAT DJAMACAT SHALL BEGIN WITH THE IMPLEMENTATION OF THIS CONTRACT PRIOR TO THE EXPIRY OF THE RIGHT TO REVOCATION AND IS AWARE THAT THE CONSUMER SHALL LOSE HIS RIGHT TO REVOCATION WITH THE START OF THE IMPLEMENTATION OF THIS CONTRACT.
c) To assert the right to revocation, the Client must notify DJAMACAT (DJAMACAT GmbH,
Tilly-Schanzen-Straße 17, 17033 Neubrandenburg, Deutschland, Telephone: +49 (0)395 37948800, Fax: +49 (0) 395 37948801,e-mail: contact@djamacat.com) by means of a clear declaration (e.g. letter, fax or e-mail) of his decision to revoke the contract. Upon these instructions of cancellation, the Consumer may use the following sample withdrawal form, which, however, is not required.
To comply with the cancellation period, it is sufficient if the Consumer sends the notification prior to the expiry of the revocation period, advising that the right of cancellation is exercised.
d) Legal consequences of the cancellation
If the Consumer revokes this contract, DJAMACAT is obliged to return all payments DJAMACAT received from you, including delivery costs (except the additional costs incurred by the Customer’s selection of a way of delivery, which differs from the most economical standard delivery offered by DJAMACAT). Such return payment must be made immediately and no later than within fourteen days from the day on which DJAMACAT received your notification that you are cancelling the contract. For this return payment, DJAMACAT shall use the same means of payment used by the Consumer for the original transaction, unless otherwise expressly agreed with the Consumer. In no event will the Consumer be charged a fee due to this return payment.
For a contract for Services, the following applies: If the Consumer has requested that the Services shall begin during the revocation period, the Consumer shall pay a reasonable amount to DJAMACAT, which corresponds to the Services already rendered, in comparison to the overall Services envisaged in the contract, up to the point in time, when the Consumer notifies DJAMACAT that he wishes to exercise the right to revocation regarding this contract.
DJAMACAT may refuse return payment until DJAMACAT has received the returned goods or until the Consumer has provided evidence that he has returned the goods, whichever is earlier. The consumer shall return the goods or hand them back to DJAMACAT immediately and in any event no later than within fourteen days from the day the Consumer has notified DJAMACAT of the cancellation of this contract. The deadline is met if the Consumer sends the goods before the expiry of the fourteen-day deadline. The consumer bears the direct costs of returning the goods. If the order value of the returned goods exceeds 40 EUR, DJAMACAT will bear the cost of the return.
The Consumer only has to pay for any loss in value of the goods if this loss of value is due to handling that is not necessary for the examination of the condition, capacity and functioning of the goods.
End of cancellation policy
Specimen revocation form
(If you wish to cancel the contract, please complete this form and return it.)
To DJAMACAT GmbH, Tilly-Schanzen-Straße 17, 17033 Neubrandenburg, Deutschland, Telephone: +49 (0)395 37948800, Fax: +49 (0) 395 37948801, e-mail: contact@djamacat.com
I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following Services (*)
Ordered on (*)/ received on (*)
Name of the Consumer(s)
Address of the Consumer(s)
Signature of the Consumer(s) (only in case of notification on paper)
Date
(*) delete as appropriate.
14. Cancellation of Abonnements
a) Clients may cancel Abonnements for Products and Services as specified on the DJAMACAT website or other distribution channels. The cancellation only becomes effective on the day of the end of the current Abonnement.
b) DJAMACAT has the right to cancel a user account or a specific Abonnement/specific Abonnements in the following cases: (a) DJAMACAT shall generally discontinue the provision of Abonnements for subscribers in a similar situation, or (b) the Client breaches conditions of the present agreement (including possible conditions for Abonnements or user guidelines/playing rules). In the event that a user account or a specific Abonnement is terminated or cancelled due to a breach of the present agreement or due to conduct that is against the rules or unlawful, the Client does not have any entitlement to the reimbursement of payments, in particular the Client does not have any entitlement to the reimbursement of fees for Abonnements or for unused credits.
c) The use of the Products and Services sold by DJAMACAT may be dependent on the online platforms maintained by the provider, the data processed by the provider and on the ability of the provider to provide the Services. If the provider completely or partially discontinues the provision of the corresponding online platform, discontinues the data processing or the provision of the corresponding services (“Closure”), DJAMACAT shall have the right to cancel the Abonnement with effect of the date of the Closure. DJAMACAT shall reimburse the Client - pro rata temporis - the price of the period of the Abonnement remaining after the Closure.
15. Place of performance
For contracts with Entrepreneurs, the agreed place of performance for delivery and payment is the registered office of DJAMACAT, which is Neubrandenburg, Germany.
16. Dispute resolution, place of Jurisdiction and applicable law
a) For the settlement of all disputes and claims, the Client can contact DJAMACAT at any time at the email address contact@DJAMACAT.com. Consumer, who submit their orders from a European Union member state, can find general information on the obligations and mechanisms in connection with online dispute resolution here (http://ec.europa.eu/consumers/odr/). DJAMACAT does not participate in dispute settlement proceedings before consumer conciliation boards.
b) Place of Jurisdiction and applicable law for Entrepreneurs
Exclusive place of jurisdiction for disputes arising from or in connection with this contract shall be Neubrandenburg, Germany.
This contract is subject to German law. The provision of the UN Vienna Convention of 11 April 1980 for contracts on international sale of goods (UN Sales Law) do not apply.
c) Place of Jurisdiction and applicable law for Consumers
For contracts with Consumers, the general place of jurisdiction is determined in accordance with the provisions of German law.
This contract is subject to German law. For orders by Consumers whose habitual residence is outside the Federal Republic of Germany, mandatory provisions and the mandatory protection of the respective country of residence developed by case law remain in place and are applied accordingly. The provision of the UN Vienna Convention of 11 April 1980 for contracts on international sale of goods (UN Sales Law) do not apply.
17. Entire agreement
These General Terms and Conditions contain all agreements between the parties on the depicted processes and replaces all prior or simultaneous agreements, communications and arrangements between the parties (whether written or oral) regarding the matter regulated here. Amendments and supplements to these General Terms and Conditions must be made in writing. The written form requirement can only be waived in writing.
18. Amendments of the General Terms and Conditions
a) DJAMACAT has the right to amend the General Terms and Conditions with future effect. DJAMACAT shall only make such amendments for valid reasons, in particular due to new technical developments, expansion of the Products and Services, changes in the law or case law, or for other equally valid reasons. If the amendment would have a considerable detrimental effect on the contractual balance between DJAMACAT and the client, the amendment shall not be made. Apart from that, any amendments require the consent of the client. The client agrees to be notified of amendments of the General Terms and Conditions via email to the email address most recently provided by the client. They are deemed as accepted, if the client does not object in writing or in text form (e.g. via email or fax) within 8 weeks of receiving such amendments (“Objection period”). DJAMACAT shall advise of this separately in the notification of change. For evidence reasons, it is recommended to the client to address the objection in writing or via email to DJAMACAT. In the latter case, it is advisable to indicate the name of the Product or Service as well as the name in the subject heading.
b) If the client does not object to the amended General Terms and Conditions within the Objection period or still continues to use the Products and Services despite receiving the notification of change, the amended or supplemental General Terms and Conditions shall become effective.
c) If the client raises an objection in time, both DJAMACAT and the client have the right to ordinarily terminate the contractual relationship. Any prices paid in advance for a period beyond the termination date shall be refunded to the client pro rata or credited to other Products and Services. In the notification of change, DJAMACAT shall make specific reference to the option to object and to terminate, the termination period and the legal consequences, in particular regarding failure to object.
19. Severability clause
Should a provision in these General Terms and Conditions or a provision within the scope of other agreements be or become invalid, this shall not affect the validity of all other agreements or provisions. The legal regulations shall apply instead of the invalid provisions.
DJAMACAT GmbH