General terms and conditions (online shop for downloads)
§ 1 Scope and provider
(1) These General Terms and Conditions apply to all orders placed with the online shop of the
Authorized managing Director: Heinz G. Joeken
Mobile phone (Germany): 0049 1747388999
(2) The goods offered in our online shop are exclusively for buyers who have reached the age of 18.
(3) Our deliveries, services and offers are made exclusively on the basis of these General Terms and Conditions. The General Terms and Conditions of Business are therefore valid for all future business relations, even if they are not expressly agreed again. The inclusion of a customer’s general terms of business, which contradict our general terms and conditions, has already been contradicted.
(4) The contract language is exclusively English.
(5) You can check the current valid terms and conditions on the website http://for-ever-young.net and retrieve and print.
§ 2 Conclusion of contract
(1) The product presentation in the online shop does not constitute a binding application for the conclusion of a purchase contract. Rather, it is a non-committal invitation to order goods in the online shop.
(2) By clicking the “Buy Now” button, you make a binding purchase offer (§ 145 BGB).
(3) The contract shall be concluded only after the content has been released or provided.
§ 3 Prices
The prices stated on the product pages contain the legal VAT and other price components and are subject to the respective shipping costs.
§ 4 Payment terms; delay
(1) The payment is made by Paypal.
(2) If you are in arrears with a payment, you are obliged to pay the statutory interest on arrears in the amount of 5 percentage points above the basic interest rate. A reminder fee of EUR 2.50 will be charged to you for each reminder sent to you after the delay has occurred, unless a lower or higher loss is proved in the individual case.
§ 5 Offsetting / Right of Retention
(1) You are entitled to a right of set-off only if your counterclaim has been legally established, is not denied or acknowledged by us or is in a strict synallagmatic relationship with our claim.
(2) You may exercise a right of retention only if your claim is based on the same contractual relationship.
§ 6 Delivery
(1) Unless agreed otherwise, the delivery of the goods is made by the provision of a link. This can be activated by you and starts the download to the selected storage medium.
(2) It is in the customer’s area of responsibility to maintain appropriate software that allows the files, content, and content to be properly opened, edited, and printed.
§ 7 Revocation instruction
In the event that you are a consumer within the meaning of § 13 BGB (German Civil Code), ie you make the purchase for purposes which are predominantly not attributable to your commercial or independent professional activities, you have a right of revocation under the following provisions.
You have the right to revoke this agreement within a period of fourteen days without giving reasons.
The period of revocation shall be fourteen days from the date on which you or a third party you designate, which is not the carrier, has or has taken possession of the goods.
To exercise your right of revocation, you must contact us
For Ever Young
Turmstraße 1, 47533 Kleve
by means of a clear statement (eg a letter, fax or e-mail sent by mail) about your decision to revoke this contract. You can use the enclosed sample revocation form, but this is not required.
In order to keep the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of revocation
If you revoke this agreement, we will pay you all the payments we have received from you, including the delivery costs (except for the additional costs resulting from the fact that you have chosen a different type of delivery than the most favorable standard delivery offered by us ) within a period of fourteen days from the date on which the notice of revocation of this contract has been received by us. For such repayment, we use the same payment method as you used in the original transaction, unless otherwise expressly agreed with you; in no case will you be charged for these repayment fees.
We may refuse repayment until we have returned the goods or until you have demonstrated that you have returned the goods, whichever is earlier.
You have to return the goods to us or at the latest and within fourteen days from the date on which you inform us of the revocation of this contract. The deadline is respected if you send the goods before the end of the period of 14 days.
They bear the immediate cost of returning the goods.
They shall only be liable for any loss in value of the goods if this loss of value is attributable to the handling of the goods which is not necessary to check the quality, characteristics and functioning of the goods.
Model withdrawal form
If you want to revoke the contract, please fill out this form and return it.
For Ever Young
Turmstraße 1, 47533 Kleve
- I / we (*) hereby revoke the contract for the purchase of the following goods (*) concluded by me / us (*):
- Ordered on (*) / received on (*)
- Name of consumer (s):
- Address of the consumer (s):
- Signature of the consumer (s) (only in the case of a communication on paper)
(*) Delete as appropriate.
§ 8 End of revocation
(1) The right of withdrawal does not exist upon delivery of goods, which are not prefabricated and an individual choice or determination by the consumers is decisive for their manufacture or which tailored to the personal needs of the consumer are or was for delivery of audio or video recordings or computer software in a sealed pack, removing the seal after the delivery.
(2) Please avoid damage and contamination. Return goods in original packaging with all accessories and all packaging components to us please if possible. If necessary, use a protective packaging. If you no longer have the original packaging, you provide please with a suitable packing for adequate protection against damage during transportation to avoid damages due to damage resulting from inadequate packaging.
(3) Please call before returning under the Mobile phone (Germany): 0049 1747388999 with us, to announce the return. In this way, you allow us a fast mapping of products.
(4) Please note that the arrangements referred to in the preceding paragraphs 2 and 3 are not essential for the effective exercise of the right of withdrawal.
(5) A right of withdrawal expires in accordance with article 356 para 5 BGB a contract for the supply of not on a physical disk digital content, if the contractor has started the execution of the contract, after the consumer expressly has agreed that the entrepreneur begins with the execution of the contract before the expiry of the withdrawal period and his knowledge of them has confirmed that he loses his right of withdrawal by its approval at the beginning of the execution of the contract.
§ 9 Warranty
(1) Unless expressly otherwise agreed, your warranty claims are based on the statutory provisions of the CISG (§§ 433 ff.) BGB).
(2) If you are a consumer within the meaning of § 13 BGB, the limitation period for warranty claims with used things is by way of derogation from the statutory provisions – a year. This restriction does not apply for claims due to damages from injury to life, body or health or from the breach of an essential contractual obligation, the fulfilment of which makes the proper execution of the agreement and on whose compliance the contractual partner regularly rely (cardinal obligation) as well as for claims due to other damages, which are based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.
(3) In addition, the statutory provisions apply to the warranty.
(4) If you are entrepreneur in the sense of § 14 BGB, the statutory provisions with the following modification apply:
- For the quality of the goods are only our own data and the product description of the manufacturer’s mandatory, but not public promotions and statements and other advertising of the manufacturer.
- You are obliged to examine the goods without delay and with due care on quality and quantity deviations and to display obvious defects within 7 days of receipt of the goods to us. To meet the deadline, timely dispatch is enough. This also applies to hidden deficiencies from discovery in later. Breach of the duty to inspect and give notice of defects, the assertion of warranty claims is excluded.
- In case of defects we guarantee at our discretion by repair or replacement delivery (subsequent performance). In the case of rectification, we must take not the increased costs arising from the shipment of the goods to a location other than the place of performance, unless the shipment is not the intended use of the goods.
- The supplementary performance fails twice, you can demand reduction or withdraw from the contract according to your choice.
- The warranty period is one year after delivery of the goods.
§ 10 Liability
(1) Unlimited liability: we accept liability unlimited liability for intent and gross negligence, as well as in accordance with the product liability Act. For slight negligence, we shall be liable for damages resulting from the injury of life, body and health of people.
(2) The following limited warranty applies: negligence, we shall be liable only in case of violation of an essential contractual obligation, the fulfilment of which only enables the proper performance of the contract and on which you may regularly trust (cardinal obligation). Liability for slight negligence is the amount limited to the foreseeable contract damages which must typically be expected. This limitation of liability applies also for the benefit of our vicarious agents.
§ 11 Copyright and rights of use
(1) All digital content provided by the seller are protected by copyright.
(2) The customer acquires a perpetual, simple, non-transferable right of use for non-commercial use only. The customer will be granted no rights. In particular, he should spread the acquired title – either digitally or in print, completely or in part – not (§ 17 UrhG), publicly make (§ 19a UrhG) or disclose to third parties in any other form. The reproduction right (§ 16 UrhG) is limited to acts of reproduction, which serve exclusively its own use.
(3) The granting of rights of use by the seller is subject to the suspensive condition of full payment of the purchase price.
(4) The user is not allowed to remove the copyright notices, trademarks or other reservations of rights of the goods.
(5) The seller shall be entitled to download individually to personalize digital content provided with visible and invisible markings to the investigation and legal persecution of the original purchaser in the event of an abusive Use to enable.
(6) In the event of unauthorized use of digital content, by the buyer or a third party, the buyer is obliged to pay a contractual penalty in the amount of 10,000 euros per Act of infringement.
§ 12 Final provisions
(1) Should one or more provisions of these terms and conditions be or become invalid, the validity of the other provisions shall not affect the rest.
(2) On contracts between us and you, the only German law is applicable under exclusion of the provisions of the United Nations Convention on contracts for the international sale of goods (CISG, “United Nations Sales Convention”).
(3) Are merchant, legal person of under public law or special public funds, is place of jurisdiction for all disputes arising out of or in connection with contracts between us and you.
Alternative Dispute Resolution in accordance with Art. 14 (1) ODR-VO and § 36 VSBG:
The european commission provides a platform for online dispute resolution (OS) which is accessible at http://ec.europa.eu/consumers/odr/. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.