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.
Hier klicken für deutsche Fassung der AGB (Terms & Conditions in German).
Table of Contents
- Contract Partner
- Contract Object
- Conclusion of Contract
- Right of Withdrawal
- Delivery of the Software
- Granting of usage rights
- Cooperation obligations of the licensee
- Liability for defects
- Applicable law
- Place of jurisdiction
- Alternative dispute resolution
1.1) These Terms and Conditions (hereinafter “Terms”) of ThemeZee, acting as “Thomas Weichselbaumer” (hereinafter “Licensor”), apply to all contracts that a consumer or business (hereinafter “Licensee”) concludes with the Licensor with regard to the software products (hereinafter “Software”) presented by the Licensor in its online shop. The inclusion of the Licensee’s own terms and conditions is hereby objected to, unless otherwise agreed.
1.2) A consumer in the sense of these Terms and Conditions is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity.
1.3) A business in the sense of these Terms and Conditions is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
2) Contract Partner
The purchase contract is concluded with:
Oberer Siedlungsweg 1
3) Contract Object
3.1) The subject matter of the contract is the transfer of the software offered by the licensor to the licensee in electronic form with the granting of certain rights of use regulated more precisely in these Terms and Conditions.
3.2) The licensee does not acquire any intellectual property rights to the software. The source code of the software is part of the licensed software.
3.3) The respective product description in the Licensor’s online shop is decisive for the quality of the software provided by the Licensor. The licenser does not owe any further quality of the software.
3.4) The installation is not part of the contract. In this respect, the Licensor refers to the installation instructions. This applies in particular to the hardware and software environment in which the software is used.
3.5) Unless otherwise stated in Licensor’s product description, Licensee shall not receive any additional support services such as updates to the purchased software version (Updates) or individual application support from Licensor.
4) Conclusion of Contract
4.1) The software products described in the Licensor’s online shop do not represent binding offers on the part of the Licensor, but serve for the submission of a binding offer by the Licensee.
4.2) The Licensee may submit the offer via the online order form integrated into the Licensor’s online shop. After placing the selected software in the virtual shopping cart and completing the electronic ordering process, the Licensee submits a legally binding contractual offer with regard to the software contained in the shopping cart by clicking the button completing the ordering process.
4.3) Licensor may accept Licensee’s quotation within five days
- by sending Licensee a written order confirmation or an order confirmation in text form (fax or e-mail), in which case Licensee’s receipt of the order confirmation shall be decisive, or
- by providing Licensee with the ordered Software, in which case Licensee’s receipt shall be decisive, or
- by requesting Licensee to pay after submission of Licensee’s order.
If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. If the licensor does not accept the licensee’s offer within the aforementioned period, this shall be deemed as a rejection of the offer with the consequence that the licensee is no longer bound by his declaration of intent.
4.4) The period for acceptance of the offer shall begin on the day following the day on which the licensee sends the offer and shall end on the fifth day following the day on which the offer is sent.
4.5) When submitting an offer via the Licensor’s online order form, the text of the contract shall be stored by the Licensor after the conclusion of the contract and transmitted to the Licensee in text form (e.g. e-mail, fax or letter) after sending the Licensee’s order. The Licensor shall not make the contract text accessible beyond this. If the Licensee has set up a user account in the Licensor’s online shop before sending his order, the order data shall be archived on the Licensor’s website and can be retrieved by the Licensee free of charge via his password-protected user account by providing the corresponding login data.
4.6) Prior to binding submission of the order via the Licensor’s online order form, the Licensee may detect possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors may be the browser’s zoom function, which enlarges the display on the screen. The licensee can correct his entries within the framework of the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button completing the ordering process.
4.7) For the conclusion of the contract only the English language is available.
4.8) The order processing and establishment of contact usually take place by e-mail and automated order processing. The Licensee must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the Licensor can be received at this address. In particular, when using SPAM filters, the Licensee must ensure that all e-mails sent by the Licensor can be delivered.
5) Right of Withdrawal
5.1) You have the right to revoke this contract within 30 days without giving reasons.
5.2) The revocation period is 30 days from the date of conclusion of the contract.
5.3) In order to exercise your right of withdrawal, you must inform us (ThemeZee.com, Thomas Weichselbaumer, Oberer Siedlungsweg 1, 86568 Hollenbach, Germany, e-mail: firstname.lastname@example.org) of your decision to withdraw from this contract by means of a clear declaration (e.g. contact form, e-mail).
5.4) In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
5.5) If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund.
5.6) The right of revocation shall expire prematurely if we have begun to execute the contract after you have expressly agreed that we shall begin to execute the contract before the expiry of the revocation period and you have confirmed to us that you have lost your right of revocation through your agreement with the beginning of the execution of the contract.
6.1) The Licensor shall receive a licence fee for the provision of the software, granting the necessary rights of use, the amount of which shall be determined in the respective product description.
6.2) The prices indicated by the licenser in the shopping cart are total prices and include the legal value added tax.
6.3) For payments in countries outside the European Union, additional costs may be incurred in individual cases for which the Licensor is not responsible and which are to be borne by the Licensee. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees).
6.4) The licensee has various payment options at his disposal, which are specified in the online shop of the licensor.
7) Delivery of the Software
7.1) The Licensor shall effect delivery by providing the Licensee with a digital copy of the Software for downloading via the Internet. For this purpose, Licensor provides Licensee with an e-mail link via which Licensee can initiate the download of the digital copy and store the copy in a storage location of Licensee’s choice.
7.2) The time at which the software is made available for retrieval on the network and the Licensee is notified thereof shall be decisive for compliance with any delivery dates.
8) Granting of usage rights
8.1) The licenser grants the licensee a simple, unlimited, transferable right to use the software in the agreed hardware and software environment for private and/or business purposes.
8.2) All WordPress products are licensed under the GNU General Public License (GPL). The GPL grants the right to copy, edit and distribute the software in an unchanged or modified version. For further information see the license agreement at http://www.gnu.org/licenses/gpl.html.
8.3) The licenser grants the licensee a temporary access right to download the software as well as updates of the software. The duration for the access rights to updates can be found in the respective product description.
8.4) The Licensee undertakes to take appropriate technical and organisational measures to ensure that the intended use of the Software is ensured.
8.5) If the licensee exercises his right to transfer the rights of use to a third party, he must impose his contractual obligations on the third party. With the transfer, the Licensee’s access rights to updates and support expire.
8.6) Pursuant to § 158 para. 1 BGB, the granting of rights shall not become effective until the Licensee has paid the remuneration owed in full.
8.7) If the Licensee seriously violates the agreed rights of use, the Licensor may extraordinarily terminate the granting of access rights for updates and support. This presupposes an unsuccessful warning with a reasonable deadline set by the Licensor.
8.9) The other statutory and contractual provisions shall remain unaffected.
9) Cooperation obligations of the licensee
9.1) The licensee must inform himself about the essential functional features of the software and bears the risk of whether these correspond to his wishes and needs. The Licensee is solely responsible for setting up a functional hardware and software environment for the Software that is sufficiently dimensioned to take into account the additional load caused by the Software.
9.2) The licensee must observe the instructions given by the licensor for the installation and operation of the software.
9.3) Licensor recommends Licensee to take reasonable precautions in the event that the Software does not operate properly in whole or in part (e.g. by daily data backup, fault diagnosis, regular checking of data processing results) and to perform a suitable backup of its data prior to installation of the Software.
10) Liability for defects
If the software is defective, the provisions of statutory liability for defects shall apply.
11) Applicable law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws governing the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
12) Place of jurisdiction
If the customer acts as a merchant, legal entity under public law or special fund under public law with registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the seller. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller’s place of business shall be 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 aforementioned cases, however, the Seller shall in any case be entitled to appeal to the court at the Customer’s place of business.
13) Alternative dispute resolution
13.1) The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
13.2) The licensor is neither obliged nor willing to participate in a dispute settlement procedure before a consumer mediation body.