General terms and conditions of business (Legal Notice)
§ 1. General
1. A customer can purchase eBooks/eComics and other virtual products (eg, audio or video files), which are only available by download when using the provided shopsystem (domain: bosart.eu / shop: http://shop.bosart.eu). The products can be selected by the customer in the store, then added to a virtual shopping cart and then bought.
2. If during the ordering process the customer will decide to buy a downloadable product, a legal contract between the customer and bosArt.eu, Siebensterngasse 30, A-1070 Vienna, Austria, EU (hereinafter referred to as bosArt.eu) as Seller will come into effect.
3. Only the following terms and conditions are in force for the business relationship between the customer and bosArt.eu Deviating conditions are not accepted by bosArt.eu unless bosArt.eu has previously agreed to their validity.
§ 2 Contract
1. The contract, including these terms and conditions between the customer and bosArt.eu arises from the fact that the customer has entered his order in the online entry form on the web site with a mouse click or by pressing the 'Enter' key on "Buy" as a binding offer to conclude a contract to send bosArt.eu. bosArt.eu accepts this contract by providing the purchased product within a reasonable time. For products that are delivered by data download, the acceptance of the offer is carried out by providing the eBooks/eComics or the audio or video file for downloading in the customer's personal account.
2. bosArt.eu accepts of the offer under the condition, that it was not given on the base of writing, printing or calculation errors on the website.
3. Available languages for the contract are German and English. The text of the contract (Conditions with individual ordering the customer's data) is not stored by bosArt.eu after acceptance and therefore not accessible for the customer.
§ 3 Providing Downloads
1. eBooks/eComics and other virtual products are available for downloading in the customer's personal account after acquiring the right for personal usage of the data included in the downloadable files.
2. The ability to re-download eBooks/eComics and other virtual products constitutes a voluntary service of bosArt.eu which can end at any time. bosArt.eu therefore reserves the right to desable the opportunity to re-Data Download eBooks/eComics and other virtual products at any time, temporarily or permanently modify or delete individual eBooks/eComics or other virtual products from the the customer account. This is especially true when there is a legal cause for the removal of eBooks/eComics or another virtual product from the customer's account, especially in the case of disputes concerning any infringements by the content of the eBooks/eComics or another virtual product. To clarify: The possibility of cancellation does not apply to eBooks/eComics and other virtual products, which are already on a private location of the customer, such as his PC, laptop, etc., after the customer has downloaded it. The warranty claims of the customer (s. § 6) remain unaffected by this.
§ 4 Prices, Payment, Ownership
1. All displayed prices in the shop include all statutory taxes and fees.
2. The customer has the choice of payment methods offered in the ordering process.
3. The provided downloads (files and contents) remain in posession of bosArt.eu until full payment has been received. License to use the provided data is granted under the condition that all claims against the customer resolving from the purchase have been fullfilled.
4. Set-off by the customer is only permissible if his claim is undisputed or legally binding.
§ 5 Requirements for Useage of eBooks/eComics and other virtual products
1. bosArt.eu does not provide ownership of eBooks/eComics and other virtual products to the customer. The customer acquires a simple, non-transferable right for personal usage of the sold product which is only revocable before receiving full payment of the license fee.
2. The content of eBooks/eComics and other virtual products may not be modified by the customer unless otherwise mandatory legal rules.
3. The customer may copy eBooks/eComics and other virtual products only for own personal usage or for this purpose, let it copy from a third party if the third party creates a copy free of charge. (Or similar, including friends, relatives, acquaintances) A transfer of eBooks/eComics and other virtual products to third parties is only permitted temporarily for the purpose of preparing such a copy. Public disclosure or forwarding to the Internet (peer to peer) or other network media for free, resale or using the product for any other type of commercial purposes is strictly prohibited.
§ 6 Withdrawal from data downloads
1. In contracts for the supply of data downloads (not located on a tangible medium of digital content), the customer has the following right of withdrawal:
You have the right to withdraw within fourteen days without giving a reason this contract. The withdrawal period shall be fourteen days from the date of contract. To exercise your right, you must contact us (bosArt.eu, Siebensterngasse 30/20, A-1070 Vienna, Austria, EU, email: firstname.lastname@example.org) by means of a clear statement (eg a by mail written letter sent or e-mail) about your decision to withdraw from this contract. You can sure use the sample withdrawal form, but this is not compulsory. To safeguard the withdrawal period it is sufficient that you send your message before the expiration of the withdrawal period.
Effects of withdrawal
If you withdraw from this contract, we will reimburse all payments we receive from you, including the costs of supply, and repay immediately latest within fourteen days from the date on which the notification has been received through your cancellation of this contract with us. For this redemption, we use the same method of payment that you used in the original transaction, unless you expressly agreed otherwise; in any case you will be charged fees because of this repayment.
2. Special notes
The right of withdrawal expires at a contract for the supply of not located on a tangible medium digital content even when we started with the execution of the contract, after the consumer
1. has expressly agreed that the contractor for the execution of the contract to begin before the end of the withdrawal period, and
2. has confirmed his knowledge that he loses his right of withdrawal by its agreement with the beginning of the execution of the agreement.
Please note that we only start with the execution of the contract before expiry of the withdrawal period, if you have grant such approval.
3. model withdrawal form
(If you want to withdraw from the contract, please fill out this form and send it back.)
- At bosArt.eu, Siebensterngasse 30, A-1070 Vienna, Austria, EU, email: email@example.com:
- Hereby revoke (s) I / We (*) withdraw from my / our (*) contract entered into for the purchase of the following goods (*) / provision of the following service (*)
- Ordered on (*) / received on (*)
- Name / customer
- Address of the / customer
- Signature of / customer (only for message on paper)
(*) Delete where inapplicable.
§ 7 Guarantee and liability
1. The customer is entitled to statutory warranty claims subject to the following paragraphs 2 to 4. FIG.
2. Customer claims for compensation are excluded. This excludes claims for damages of the customer arising from injury to life, limb, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages or on an intentional or grossly negligent breach of duty by bosArt.eu, his legal representatives agents. Material contractual obligations are those whose performance to achieve the objective of the Treaty is necessary.
3. In case of breach of material contractual obligations bosArt.eu shall be liable only to contractually typical, foreseeable damage if this was simply caused through negligence, unless there are claims for damages of the customer arising from injury to life, limb or health.
4. The restrictions in paragraphs 2 and 3 shall also apply to the legal representatives and agents of bosArt.eu if claims are asserted directly against them.
5. shall not affect the provisions of the Product Liability Act, as well as any claims arising from a. Through bosArt.eu or a third assumed warranty for the condition of the item, or that the matter for a certain time retain a particular composition
§ 8 Data Protection
1. bosArt.eu uses the personal data of customers to respond to inquiries, to process orders and for technical administration. These data will never be disclosed to third parties. If a customer withdraws his consent to data storage, all personal data and the customer account will be deleted.
2. bosArt.eu always strives to secure the personal data of customers through SSL encryption of the web shop so that they are inaccessible to third parties.
§ 9 Miscellaneous
Primarily valid for this shop are Austrian law and EU law. This english version of the german AGB (= legal notice) is a mere translation. I did this translation myself with the help of some common translating software, which might not be 100% accurat for "lawspeech". There is the possibility of translation errors as well as unintentional usage of inaccurate or misleading wording. In case of differences between the german and the english version, which are of course always unintentional, the german version AGB is the valid one. In case of any kind of uncertainty please send your questions to firstname.lastname@example.org