General Terms and Conditions

§ 1 Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Offworld Consulting GmbH (hereinafter "Seller") apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller with respect to the goods presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the delivery of goods with digital elements, unless otherwise stipulated. In such cases, the Seller owes, in addition to the delivery of the goods, the provision of digital content or digital services (hereinafter "digital products") that are contained in or connected with the goods in such a way that the goods cannot fulfil their functions without them.

1.3 These GTC apply accordingly to contracts for the delivery of physical data carriers that serve exclusively as carriers of digital content, unless otherwise stipulated. Digital content within the meaning of these GTC is data that is created and provided in digital form.

1.4 These GTC apply accordingly to contracts for the provision of digital content, unless otherwise stipulated. Digital content within the meaning of these GTC is data that is created and provided in digital form.

1.5 These GTC apply accordingly to contracts for the provision of licence keys, unless otherwise stipulated. In such cases, the Seller owes the provision of a licence key for the use of the digital content or digital services described by the Seller (hereinafter "digital products") as well as the granting of the contractually agreed rights to use the respective digital products. The Customer does not acquire any intellectual property in the digital product. The Seller's respective product description is authoritative for the nature of the digital product.

1.6 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.

1.7 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

1.8 The subject matter of the contract may be — depending on the Seller's product description — both the purchase of goods by way of a one-off delivery and the purchase of goods by way of a recurring 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.

1.9 The subject matter of the contract may be — depending on the Seller's content description — both the one-off provision of digital content and the regular provision of digital content (hereinafter "subscription contract"). In the case of a subscription contract, the Seller undertakes to provide the contractually owed digital content to the Customer for the duration of the agreed contract term at the contractually agreed time intervals.

1.10 Components of the Seller's displayed product range may — depending on the Seller's product description — be linked to the conclusion of a contract for the provision of telecommunications services (hereinafter "telecommunications contract") with a third-party provider (hereinafter "service provider"). In this case, the continued existence of the contract with the Seller depends on the conclusion of a telecommunications contract with the service provider and on the Customer not withdrawing from the telecommunications contract. The relevant statutory provisions and, where applicable, any deviating contractual terms of the respective service provider apply to the telecommunications contract. The Seller acts merely as an intermediary for such contracts.

§ 2 Contract Formation

2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping basket and completing the electronic ordering process, the Customer submits a legally binding contractual offer with respect to the goods contained in the shopping basket by clicking the button that concludes the ordering process. The Customer may also submit the offer by email, online contact form, or by telephone.

2.3 The Seller may 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 receipt of the order confirmation by the Customer is decisive; or by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer is decisive; or by requesting the Customer to pay after submission of the order. Where several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends at 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 constitutes a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

2.4 When selecting a payment method offered by PayPal, the payment is processed via the payment service provider PayPal (Europe) S.a r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available 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, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the point in time at which the Customer clicks the button that concludes the ordering process.

2.5 When selecting the payment method "Amazon Payments", payment is processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), subject to the Amazon Payments Europe User Agreement, available at https://pay.amazon.de/help/201751590. If the Customer selects "Amazon Payments" as the payment method during the online ordering process, they simultaneously issue a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the Seller hereby declares acceptance of the Customer's offer at the point in time at which the Customer triggers the payment process by clicking the button that concludes the ordering process.

2.6 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after the contract is concluded and transmitted to the Customer in text form (e.g. email, fax, or letter) after the Customer has sent their order. The Seller does not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending their order, the order data is archived on the Seller's website and can be accessed free of charge by the Customer via their password-protected user account by entering the corresponding login details.

2.7 Before the binding submission of the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors may be the browser's zoom function, with the help of which the display on the screen is enlarged. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.8 Various languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.9 Order processing and contact generally take place via email and automated order processing. The Customer must ensure that the email address provided 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 for order processing can be delivered.

§ 3 Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.

3.3 The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, do not belong to a Member State of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union.

§ 4 Prices and Payment Terms

4.1 Unless otherwise stated in the Seller's product description, the prices indicated are total prices that include statutory value added 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 are to be borne by the Customer. These include, for example, costs for the transfer of funds 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 funds 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 available payment method(s) are communicated to the Customer in the Seller's online shop.

4.4 If advance payment by bank transfer has been agreed, the payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.5 When selecting the payment method purchase on account, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller 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 Seller will inform the Customer of a corresponding payment restriction in its payment information in the online shop. The Seller further reserves the right to carry out a credit check when the payment method purchase on account is selected and to reject this payment method in the event of a negative credit check.

4.6 When selecting the payment method purchase on account via Billie, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid within the payment period stated on the invoice without deduction to Billie GmbH, Charlottenstrasse 4, 10969 Berlin. Purchase on account via Billie is available exclusively to entrepreneurs and requires a successful credit check by Billie GmbH. If the Customer is permitted to purchase on account after the credit check, payment is processed in cooperation with Billie GmbH, to which the Seller assigns its payment claim. In this case, the Customer can only pay to Billie GmbH with discharging effect. The Seller remains responsible for general customer enquiries, e.g. regarding goods, delivery time, shipping, returns, complaints, or credits, even when the payment method purchase on account via Billie is selected. In all other respects, the General Terms and Conditions of Billie GmbH (https://www.billie.io/agb) apply. The Seller reserves the right to offer the payment method purchase on account only from and up to a certain order volume and to reject this payment method if the specified order volume is not reached or exceeded. In this case, the Seller will inform the Customer of a corresponding payment restriction in its payment information in the online shop.

4.7 When selecting the payment method "PayPal Direct Debit", PayPal collects the invoice amount from the Customer's bank account on behalf of the Seller after a SEPA direct debit mandate has been issued, but not before the expiry of the period for prior notification. Prior notification ("Pre-Notification") means any communication (e.g. invoice, policy, contract) to the Customer announcing a charge by SEPA direct debit. If the direct debit is not honoured due to insufficient funds or due to the provision of incorrect bank details, or if the Customer objects to the debit without being entitled to do so, the Customer shall bear the fees incurred by the respective credit institution as a result of the reversal, insofar as they are responsible for this.

§ 5 Delivery and Shipping Terms

5.1 If the Seller offers to ship the goods, delivery is made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the processing of the transaction. Deviating from this, if the payment method PayPal is selected, the delivery address stored by the Customer with PayPal at the time of payment is decisive.

5.2 For goods delivered by freight carrier, delivery is made "free kerbside", i.e. to the nearest public kerb to the delivery address, unless the Seller's shipping information in the online shop indicates otherwise and unless otherwise agreed.

5.3 If the delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs of the initial shipment if the Customer effectively exercises their right of withdrawal. The provisions made in the Seller's withdrawal policy apply to the return shipping costs in the event of the Customer's effective exercise of the right of withdrawal.

5.4 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the goods sold passes to the Customer as soon as the Seller has delivered the goods to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the goods sold does not pass until the goods are handed over to the Customer or an authorised recipient. Deviating from this, the risk of accidental loss and accidental deterioration of the goods sold also passes to the Customer who is a consumer as soon as the Seller has delivered the goods to the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the carrier, the freight forwarder, or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies if the non-delivery is not attributable to the Seller and the Seller has concluded a specific covering transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed without delay and the consideration will be refunded without delay.

5.6 If the Seller offers the goods for collection, the Customer may collect the ordered goods during the Seller's business hours at the address specified by the Seller. In this case, no shipping costs are charged.

5.7 Digital content is made available to the Customer as follows: via direct access through the Seller's website; via download; via email.

5.8 Licence keys are made available to the Customer as follows: via download; via email.

§ 6 Granting of Usage Rights for Digital Content

6.1 Unless otherwise stated in the content description in the Seller's online shop, the Seller grants the Customer the non-exclusive, geographically and temporally unlimited right to use the provided content for private and commercial purposes.

6.2 The transfer of content to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted, unless the Seller has consented to the transfer of the licence to the third party.

6.3 Insofar as the contract relates to the one-off provision of digital content, the granting of rights only becomes effective when the Customer has made the owed remuneration in full. The Seller may provisionally permit use of the contractual content even before this point in time. Such provisional permission does not constitute a transfer of rights.

§ 7 Granting of Usage Rights for Licence Keys

7.1 The provided licence key entitles the Customer to use the digital product as described in the Seller's respective product description, to the extent described therein.

7.2 Insofar as the licence key relates to the one-off provision of digital content, the granting of rights only becomes effective when the Customer has made the owed remuneration in full.

§ 8 Contract Duration and Termination of Subscription Contracts

8.1 Subscription contracts are concluded for an indefinite period, but at least for the minimum term as indicated in the respective product description in the Seller's online shop. The subscription contract may be terminated during the minimum term with one month's notice to the end of the minimum term, and after expiry of the minimum term at any time with one month's notice.

8.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists if the terminating party, taking into account all circumstances of the individual case and weighing the interests of both parties, cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.

8.3 Terminations must be made in writing or in text form (e.g. by email).

8.4 Fixed-term subscription contracts are concluded for the contract term as indicated in the respective product description in the Seller's online shop and end automatically upon expiry of the contract term.

8.5 The right to extraordinary termination for good cause remains unaffected. Good cause exists if the terminating party, taking into account all circumstances of the individual case and weighing the interests of both parties, cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.

8.6 Terminations must be made in writing or in text form (e.g. by email).

§ 9 Retention of Title

If the Seller makes advance performance, the Seller retains ownership of the delivered goods until the purchase price owed has been paid in full.

§ 10 Defects Liability (Warranty)

Unless otherwise provided in the following provisions, the statutory provisions on liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:

10.1 If the Customer acts as an entrepreneur: the Seller has the choice of the type of subsequent performance; for new goods, the limitation period for defect claims is one year from delivery of the goods; for used goods, defect claims are excluded; the limitation period does not recommence if a replacement delivery is made within the scope of liability for defects.

10.2 If the Customer acts as a consumer, the following applies to contracts for the delivery of used goods, subject to the restriction in the following clause: the limitation period for defect claims is one year from delivery of the goods, provided this has been expressly and separately agreed between the parties in the contract and the Customer was specifically informed of the shortening of the limitation period before submitting their contractual declaration.

10.3 The above limitations of liability and shortening of periods do not apply to claims for damages and reimbursement of expenses by the Customer; to cases where the Seller has fraudulently concealed the defect; to goods that have been used in accordance with their customary use for a building and have caused its defectiveness; to any existing obligation of the Seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

10.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

10.5 If the Customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), the commercial duty to inspect and give notice of defects pursuant to § 377 HGB applies. If the Customer fails to comply with the notification obligations set out therein, the goods are deemed approved.

10.6 If the Customer acts as a consumer, they are requested to report delivered goods with obvious transport damage to the delivery agent and to notify the Seller accordingly. If the Customer fails to comply with this, it has no effect whatsoever on their statutory or contractual defect claims.

10.7 The Seller is not liable for defects in the performance of the telecommunications contract for which the respective service provider is solely responsible. The relevant statutory provisions and, where applicable, any deviating contractual terms of the respective service provider apply.

§ 11 Liability

The Seller is liable to the Customer for all contractual, quasi-contractual, and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

11.1 The Seller is liable without limitation on any legal grounds in cases of intent or gross negligence; in cases of intentional or negligent injury to life, body, or health; on the basis of a guarantee promise, unless otherwise stipulated in this regard; on the basis of mandatory liability, such as under the Product Liability Act.

11.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical of the contract, unless unlimited liability applies pursuant to the preceding clause. Material contractual obligations are obligations that the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the Customer may regularly rely.

11.3 In all other respects, the Seller's liability is excluded.

11.4 The above liability provisions also apply with regard to the Seller's liability for its vicarious agents and legal representatives.

§ 12 Special Conditions for Assembly/Installation Services

Where the Seller owes, according to the content of the contract, not only the delivery of goods but also the assembly or installation of the goods at the Customer's premises and, where applicable, corresponding preparatory measures (e.g. measurements), the following applies:

12.1 The Seller provides its services, at its discretion, either personally or through qualified personnel selected by the Seller. The Seller may also make use of the services of third parties (subcontractors) acting on its behalf. Unless otherwise stated in the Seller's service description, the Customer has no right to select a specific person to carry out the desired service.

12.2 The Customer shall provide the Seller with the information required for the provision of the owed service in full and truthfully, insofar as the procurement of such information does not fall within the Seller's sphere of obligations according to the content of the contract.

12.3 The Seller will contact the Customer after the conclusion of the contract to arrange an appointment for the owed service. The Customer shall ensure that the Seller or the personnel commissioned by the Seller has access to the relevant Customer facilities at the agreed appointment.

12.4 The risk of accidental loss and accidental deterioration of the goods sold does not pass to the Customer until the assembly work has been completed and the goods have been handed over to the Customer.

§ 13 Special Conditions for Repair Services

Where the Seller owes, according to the content of the contract, the repair of an item belonging to the Customer, the following applies:

13.1 Repair services are provided at the Seller's place of business.

13.2 The Seller provides its services, at its discretion, either personally or through qualified personnel selected by the Seller. The Seller may also make use of the services of third parties (subcontractors) acting on its behalf. Unless otherwise stated in the Seller's service description, the Customer has no right to select a specific person to carry out the desired service.

13.3 The Customer shall provide the Seller with all information required for the repair of the item, insofar as the procurement of such information does not fall within the Seller's sphere of obligations according to the content of the contract. In particular, the Customer shall provide the Seller with a comprehensive description of the fault and inform the Seller of all circumstances that may have caused the identified fault.

13.4 Unless otherwise agreed, the Customer shall ship the item to be repaired to the Seller's place of business at the Customer's own cost and risk. The Seller recommends that the Customer take out transport insurance for this purpose. The Seller further recommends that the Customer ship the item in suitable transport packaging to reduce the risk of transport damage and to conceal the contents of the package. The Seller will inform the Customer without delay of any obvious transport damage so that the Customer can assert any rights they may have against the carrier.

13.5 The return shipment of the item is at the Customer's expense. The risk of accidental loss and accidental deterioration of the item passes to the Customer upon handover of the item to a suitable transport person at the Seller's place of business. At the Customer's request, the Seller will take out transport insurance for the item.

13.6 The Customer may also personally deliver the item to be repaired to the Seller's place of business and collect it again from there, if this is indicated in the Seller's service description or if the parties have reached a corresponding agreement. In this case, the above provisions on costs and risk for shipping and return shipping apply accordingly.

13.7 The foregoing provisions do not restrict the Customer's statutory defect rights in the case of the purchase of goods from the Seller.

13.8 The Seller is liable for defects in the repair service provided in accordance with the statutory provisions on liability for defects.

§ 14 Redemption of Promotional Vouchers

14.1 Vouchers that are issued by the Seller free of charge as part of promotional campaigns with a specific validity period and that cannot be purchased by the Customer (hereinafter "promotional vouchers") may only be redeemed in the Seller's online shop and only during the specified period.

14.2 Individual products may be excluded from the voucher campaign if a corresponding restriction is indicated in the content of the promotional voucher.

14.3 Promotional vouchers may only be redeemed before the ordering process is completed. Subsequent offsetting is not possible.

14.4 Only one promotional voucher may be redeemed per order.

14.5 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.

14.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the Seller may be chosen to settle the difference.

14.7 The balance of a promotional voucher is neither paid out in cash nor does it bear interest.

14.8 The promotional voucher is not 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.

14.9 The promotional voucher is transferable. The Seller may make payment with discharging effect to the respective holder who redeems the promotional voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent lack of knowledge of the non-entitlement, incapacity to contract, or lack of authority to represent of the respective holder.

§ 15 Applicable Law

15.1 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 applies only insofar as the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

15.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who, at the time of conclusion of the contract, do not belong to a Member State of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union.

§ 16 Jurisdiction

If the Customer is a merchant, a legal entity under public law, or a special fund under public law domiciled in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Seller's place of business. If the Customer is domiciled outside the territory of the Federal Republic of Germany, the Seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. In the above cases, however, the Seller is in any event entitled to bring proceedings before the court at the Customer's place of domicile.

§ 17 Alternative Dispute Resolution

The European Commission provides a platform for online dispute resolution (OS): https://ec.europa.eu/consumers/odr/

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