General terms and conditions with customer information
misfit b. shopping
------------------------------------------------------- Table of contents ------------------
5) Delivery and shipping conditions 5.1 The delivery of goods is carried out by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive. 5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs for the return if the customer effectively exercises his right of withdrawal. In the event of effective exercise of the right of revocation by the customer, the provision made in this regard in the seller's revocation instructions shall apply to the return costs. 5.3 Self-collection is not possible for logistical reasons. 5.4 Digital content shall be provided to the customer exclusively in electronic form as follows: - via download 5.5 Vouchers shall be provided to the Customer as follows: - by download - by e-mail 6) Granting of rights of use for digital content 6.1 Unless otherwise stated in the DeepL description in the Seller's online store, the Seller grants the Customer the non-exclusive right, unlimited in time and place, to use the ceded content exclusively for private purposes. 6.2 The transfer of the contents to third parties or the creation of copies for third parties outside the scope of these GTC shall not be permitted unless the Seller has agreed to a transfer of the contractual license to the third party. 6.3 The granting of rights shall only become effective when the Customer has paid the contractually owed remuneration in full. The Seller may provisionally permit the use of the contractual content even before this point in time. Such provisional permission shall not constitute a transfer of rights. 7) Duration and Termination of Subscription Contracts 7.1 Subscription contracts shall be concluded for a limited period of time, for the contract term indicated in the respective product description in the Seller's online store, and shall end automatically upon expiry of the contract term. 7.2 The right to extraordinary termination for good cause remains unaffected. Good cause shall be deemed to exist 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. 7.3 Notice of termination shall be given in writing or in text form (e.g. by e-mail). 8) Retention of title If the Seller makes advance performance, he shall retain title to the delivered goods until the purchase price owed has been paid in full. 9) Liability for defects (warranty) 9.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply. 9.2 If the customer is acting as a consumer, he is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller of this. If the customer does not comply with this, this shall have no effect on his statutory or contractual claims for defects. 10) Special conditions for the processing of goods according to certain specifications of the customer 10.1 If, according to the content of the contract, the Seller, in addition to the delivery of the goods, also owes the processing of the goods according to certain specifications of the Customer, the Customer shall provide the Seller with all content required for the processing, such as texts, images or graphics in the file formats, formatting, image and file sizes specified by the Seller and shall grant the Seller the rights of use required for this purpose. The customer alone is responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility that he has the right to use the content provided to the seller. In particular, he shall ensure that no rights of third parties are infringed thereby, in particular copyrights, trademark rights and personal rights. 10.2 The Customer shall indemnify the Seller against claims of third parties which the latter may assert against the Seller in connection with an infringement of their rights by the contractual use of the Customer's content by the Seller. In this context, the Customer shall also bear the reasonable costs of the necessary legal defense, including all court and attorney's fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer shall be obliged to provide the seller immediately, truthfully and completely with all information required for the examination of the claims and a defense. 10.3 The Seller reserves the right to refuse processing orders if the content provided by the Customer for this purpose violates legal or official prohibitions or offends common decency. This shall apply in particular in the event of the provision of anti-constitutional, racist, xenophobic, discriminatory, offensive, youth-endangering and/or violence-glorifying content. 11) Redemption of promotional vouchers 11.1 Vouchers which are issued free of charge by the Seller as part of promotions with a specific period of validity and which cannot be purchased by the Customer (hereinafter "Promotion Vouchers") can only be redeemed in the Seller's online store and only during the specified period. 11.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher. 11.3 Promotion vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible. 11.4 Only one promotional voucher can be redeemed per order. 11.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller. 11.6 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. 11.7 The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest. 11.8 The promotional voucher shall not be refunded if the Customer returns the goods paid for in full or in part with the promotional voucher within the scope of its statutory right of revocation. 11.9 The promotional voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the promotional voucher in the Seller's online store. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder. 12) Redemption of gift vouchers 12.1 Gift certificates that can be purchased through the Seller's online store (hereinafter "Gift Certificates") can only be redeemed in the Seller's online store, unless otherwise stated in the gift certificate. 12.2 Gift Vouchers and remaining balances of Gift Vouchers are redeemable until the end of the third year after the year of the purchase of the Gift Voucher. Remaining credits will be credited to the customer until the expiration date. 12.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible. 12.4 Only one gift voucher can be redeemed per order. 12.5 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers. 12.6 If the value of the Gift 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. 12.7 The balance of a gift voucher is neither paid out in cash nor does it earn interest. 12.8 The gift voucher is transferable. The Seller may make payment with discharging effect to the respective holder redeeming the Gift Voucher in the Seller's online store. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity or lack of representative authority of the respective holder. 13) Applicable Law All legal relations between the parties shall be governed by the laws of the Republic of Austria to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. 14) Place of jurisdiction If the customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Republic of Austria, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer is domiciled outside the territory of the Republic of Austria, the place of business of the seller 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 above cases, however, the Seller shall in any case be entitled to apply to the court at the Customer's place of business. 15) Alternative Dispute Resolution 15.1 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 the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer. 15.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.