Terms & Conditions

Please read this carefully!
By purchasing digital products from this website you confirm that you have read, understood and agreed to the terms and conditions described below.

§ 1 Scope

These Terms and Conditions apply to all purchases made on ThemeZee.com regardless of whether the purchaser is a consumer or business.

A consumer is any natural person which concludes a legal transaction for a purpose that cannot be ascribed to a commercial or self-employed professional occupation. A business is every natural person, legal entity or judicable partnership, when concluding a legal transaction, is acting in the exercise of its commercial or self-employed professional occupation.

§ 2 Contract Partner

The purchase contract is concluded with:

Thomas Weichselbaumer
Oberer Siedlungsweg 1
86568 Hollenbach
DE – GERMANY

§ 3 Conclusion of Contract

By placing products in our online shop we submit a binding offer upon the conclusion of a purchase agreement on these articles. You can put the products without obligation into the shopping cart and change or remove your items before submitting your binding order by using the cart functions during the checkout process. By clicking the “payment” button on the PayPal website you accept the offer concerning the items in your shopping cart and enter a binding contract. Immediately after sending your order you will receive a confirmation by email including the provision of download links for your purchased products.

The languages available for the contract conclusion are German and English.

§ 4 Payment

Our online shop offers PayPal as payment service provider. You have to be registered on PayPal or register a new account, authorise with your login credentials and accept the payment order to us. You will receive additional information during the checkout process.

The prices mentioned in our online shop contain the legal value added tax.

§ 5 Delivery

Unless otherwise agreed upon, the delivery of products takes place by the provision of a download link. This link can be clicked by you and starts the download to a storage media of your choice. The customer has the responsibility to keep appropriate software ready which enables an adequate opening, editing and using of the files and content.

§ 6 Right of Withdrawal

You have the right to cancel your declaration of contract within thirty days without stating reasons (Right of Withdrawal). The period of withdrawal is 30 days and begins with the day of the purchase agreement.

In order to exercise your right of withdrawal you have to notify us by a clear statement (preferably by Email) about your decision to revoke the purchase contract. To keep the right of withdrawal it is sufficient to send the cancellation of your purchase before expiry of the withdrawal period.

Consequences of Withdrawal: In case of withdrawal we have to reimburse any payments we have received from you without delay and at the latest within fourteen days from the day we have received your notification about the cancellation of contract. We will use the same payment method for the refund as you have used for the original transaction, unless we have explicitly agreed otherwise; in no case we will charge you with any fees for the reimbursement.

§ 7 Warranty, Guarantee

Unless explicitly agreed otherwise below, the statutory warranty rights are applied. If the delivered object is faulty and the contract partner is a business entity we can initially choose whether we shall provide subsequent performance by remedying the defect (subsequent improvement) or by delivery of a faultless object (substitute delivery).

Our WordPress themes and plugins are tested with the current version of WordPress and the most established browsers (Firefox, Chrome, Safari, Opera, Edge, Internet Explorer). We do not give any guarantee for the proper functionality of our products in combination with older browsers or WordPress versions. There is also no guarantee that our products are fully compatible and working with themes, plugins and scripts from third-party developers. In case you want to use our products in combination with third-party products, please contact us before your purchase and ask for their compatibility.

We do not give any warranty for the proper functionality of our products in case they are modificated directly or with help of other plugins or child themes. Under no circumstances we shall be liable for damages arising out of or in connection with the usage of our products.

The above limitations shall not apply to claims pursuant to damages committed by us, our legal representatives or agents

  • by harm to life, body or health (personal injury)
  • in the case of intentional or grossly negligent violation of obligations as well as deceitfulness
  • in the case of a breach of fundamental contractual duties whose fulfilment is a prerequisite for enabling the proper fulfilment of the contract in the first place and in which the customer may normally trust, also known as its cardinal obligations
  • in the case our liability is mandatory based on the provisions of product liability law

$ 8 Support

By purchasing on themezee.com you will receive a license which entitles you to receive technical support for your purchased products within the first 12 months after the date of purchase. Within the scope of our support we will help you to install and setup the product as well as configure all product settings. We do not offer support for WordPress itself or other products from third party developers which are used in combination with our products. We also do not provide any help with the customization of our products with child themes or own code modifications.

Technical support is only provided via Email. We do not offer any support via blog comments, twitter, facebook, phone or other communication channels.

$ 9 Product License

All our themes and plugins are distributed under the GNU general public license (http://www.gnu.org/licenses/gpl.html). The GPL license allows you to use our products on unlimited domains for private and commercial purposes.

$10 Update and Support License

Our paid upgrades (Pro Versions, Extensions) are distributed under an Updates & Support License. The license is valid for one year from the date of purchase. A valid license key is needed to receive updates and support. Licenses can be extended for another 12 months at a 50% discount after their expiry.

$ 11 Liability

We shall be liable without limitation for claims pursuant to damages committed by us, our legal representatives or agents

  • by harm to life, body or health (personal injury)
  • in the case of intentional or grossly negligent violation of obligations
  • in the case our liability is mandatory based on the provisions of product liability law

In the case of a breach of fundamental contractual duties, whose fulfilment is a prerequisite for enabling the proper fulfilment of the contract in the first place and in which the customer may normally trust (cardinal obligations), caused by slight negligence committed by us, our legal representatives or agents, the liability for damage is limited to the amount of loss that can be typically foreseen on conclusion of the contract.

All other claims for damages are excluded.

$ 12 Final Clauses

In the case you are a business entity German law is applied, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

In the case you are a merchandiser in the sense of the German “Handelsgesetzbuch” (English: “Code of Commercial Law”), a corporate body under public law or under public fund assets, the exclusive place of jurisdiction for all litigation resulting from this contractual relationship is our business location.

 

These terms and conditions were created with the help of the Trusted Shops Rechtstexter in cooperation with Wilde Beuger Solmecke Rechtsanwälte.