Terms & Conditions.
General Terms and Conditions for the online shop at the URL digitalassetlab.ai
operated by
Max Roth
TopReels – Foto & Videoproduktion
Milbertshofener Straße 18
80807 München
E-mail: rothmax91@gmail.com
Phone: 015255911613
– hereinafter: “Provider” –
1. Scope
These General Terms and Conditions (GTC), once incorporated, apply to all contracts concluded for the purchase of goods, services, or other items (hereinafter “Goods”) in the online shop at the above URL, in the version valid at the time the contract is concluded. These GTC apply exclusively. Any differing terms and conditions of the customer shall not become part of the contract unless the Provider expressly agrees to them.
2. Conclusion of contract
2.1 The offers in the online shop constitute a non-binding invitation to online shop visitors to submit an offer to purchase the goods offered in the shop.
2.2 The goods are ordered via the Provider's online order form. After selecting the desired goods, entering all requested mandatory information, and completing all other mandatory steps in the order process, the selected goods can be ordered by clicking the order button at the end of the checkout page (order). By placing the order, the customer submits a binding contractual offer to purchase the selected goods. The contract is concluded when the Provider accepts the customer's offer. Acceptance occurs when the Provider confirms the conclusion of the contract in written or text form (e.g., by email) (order confirmation) and this order confirmation reaches the customer, or when the Provider delivers the ordered goods and these goods reach the customer, or when the Provider requests the customer to pay (e.g., invoice or credit card payment during the order process) and this payment request reaches the customer; the decisive point in time for the conclusion of the contract is the moment at which one of the alternatives mentioned in the first half-sentence first occurs.
2.3 Before bindingly submitting the order via the Provider's online order form, the customer can review their entries and correct them at any time using the usual keyboard, mouse, touch, or other available input functions. In addition, all entries are displayed once more in a confirmation window before the order is bindingly submitted and can also be corrected there using the usual keyboard, mouse, touch, or other available input functions.
2.4 The Provider will store the contract text after the conclusion of the contract and transmit it to the customer in text form (e.g., by email). The Provider will not make the contract text accessible beyond this.
2.5 The following languages are available for the conclusion of the contract: English.
3. Right of withdrawal for consumers
Consumers are generally entitled to a right of withdrawal for contracts concluded outside business premises and for distance contracts. A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their self-employed professional activity. Details can be found in the withdrawal policy, which is made available to every consumer at the latest immediately before the conclusion of the contract.
4. Payment, default
4.1 The prices listed in the online shop at the time of the order apply. All prices include statutory VAT plus any shipping costs that may be listed. The customer is informed about the available payment options in the Provider's online shop.
5. Retention of title
The purchased goods remain the property of the Provider until the purchase price has been paid in full.
6. Delivery and reservation of self-supply
6.1 Subject to any differing agreements, delivery is made within the delivery time specified in the online shop to the delivery address specified by the customer. The applicable delivery times can be found in the online shop.
6.2 Self-collection of the purchased goods is excluded.
6.3 If the Provider is unable to deliver the ordered goods because the Provider itself was not supplied through no fault of its own, despite having concluded a congruent covering transaction with a reliable supplier in good time, the Provider shall be released from its obligation to perform and may withdraw from the contract. The Provider is obliged to inform the customer immediately of the impossibility of performance. Any consideration already provided by the contractual partner shall be reimbursed immediately. Mandatory consumer law remains unaffected by this paragraph.
7. Warranty
The provisions of the statutory warranty for defects apply.
8. Liability and indemnification
8.1 The Provider is liable without limitation:
- for damages arising from injury to life, body, or health resulting from an intentional or negligent breach of duty by the Provider, or from an intentional or negligent breach of duty by a legal representative or vicarious agent of the Provider;
- for damages resulting from an intentional or grossly negligent breach of duty by the Provider, or from an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the Provider;
- on the basis of a guarantee promise, insofar as no other provision has been made in this respect;
- on the basis of mandatory liability (e.g., under the German Product Liability Act).
8.2 If the Provider negligently breaches a material contractual obligation, its liability is limited to the foreseeable damage typical for the contract, unless liability is unlimited under the preceding paragraph. Material contractual obligations are obligations that the contract imposes on the Provider according to its content in order to achieve the purpose of the contract, the fulfillment 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.
8.3 In all other respects, liability on the part of the Provider as well as the liability of its vicarious agents and legal representatives is excluded.
8.4 The customer shall indemnify the Provider against any third-party claims – including the costs of legal defense in their statutory amount – asserted against the Provider due to unlawful or contract-breaching actions of the customer.
9. Data protection
The Provider treats the personal data of its customers confidentially and in accordance with the statutory data protection regulations. For further details, please refer to the Provider's privacy policy.
10. Final provisions
10.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods, insofar as this choice of law does not result in a consumer with habitual residence in the EU being deprived of mandatory statutory provisions of the law of their country of residence.
10.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the court at the Provider's registered office shall have jurisdiction, unless an exclusive place of jurisdiction is established for the dispute. This also applies if the customer has no domicile within the European Union. The registered office of our company can be found in the heading of these GTC.
10.3 If any provision of this contract is or becomes invalid or unenforceable, the remaining provisions of this contract shall remain unaffected.
11. Information on online dispute resolution / consumer arbitration
The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Our email address can be found in the heading of these GTC.
Right of Withdrawal.
Right of withdrawal for consumers
A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their self-employed professional activity.
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the day of the conclusion of the contract.
To exercise your right of withdrawal, you must inform us (Max Roth, Milbertshofener Straße 18, 80807 München, phone: 015255911613, e-mail: rothmax91@gmail.com) of your decision to withdraw from this contract by means of a clear declaration (e.g., a letter sent by post or an e-mail). You may use the attached model withdrawal form for this purpose, although it is not mandatory. You can also exercise your right of withdrawal online at [link to withdrawal button]. If you use this online function, we will promptly send you a confirmation of receipt of such a withdrawal on a durable medium (e.g., by e-mail), including information on the content of the withdrawal declaration as well as the date and time of its receipt.
To meet the withdrawal deadline, it is sufficient that you send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and no later than 14 days from the day on which we receive notification of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees as a result of this reimbursement.
Model withdrawal form
If you want to withdraw from the contract, please fill out this form and send it back.
To
Max Roth
Milbertshofener Straße 18
80807 München
E-mail: rothmax91@gmail.com
I/we hereby withdraw from the contract concluded by me/us for the provision of access to the following digital content (description, order number if applicable, and price):
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Ordered on (date):
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Received on (date):
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Name and address of the consumer:
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Date:
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Signature of customer (only for withdrawal on paper):
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