§ 1 VALIDITY, DEFINITION OF TERMS
(1) AI2 UG (limited liability), Am Rothenrain 11, Germany (hereinafter: “we” or “ai2-poker.com”) operates an online shop for digital goods at the website: ai2-poker.com. The following terms and conditions apply to all services between us and our customers (hereinafter: “customer” or “you”) in their version valid at the time of the order, unless otherwise expressly agreed.
(2) For the purposes of these terms and conditions, “consumer” means any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity. “Entrepreneur” means a natural or legal person or partnership able to conduct a legal transaction in pursuit of its commercial or independent professional activity, whereby a legal partnership is a partnership with the capacity to acquire rights and liabilities.
§ 2 CONCLUSION OF CONTRACTS, STORAGE OF THE CONTRACT TEXT
(1) The following provisions regarding the conclusion of the contract apply to orders via our online shop: ai2-poker.com
(2) Our product presentations on the Internet are not binding and no binding offer to conclude a contract.
(3) The following rules apply to the receipt of an order in our online shop: The customer makes a binding contract offer by successfully passing through the order procedure provided for in our online shop. The order is made in the following steps:
- Selection of digital goods,
- Adding the products by clicking on the corresponding button (for example, “Add to cart”, “To shopping bag” or similar),
- Checking the details in the shopping cart,
- Calling up the order overview by clicking on the corresponding button (eg “Continue to checkout”, “Continue to pay”, “To order overview” or similar),
- Entry / verification of the address and contact details, selection of the payment method, confirmation of the terms and conditions
- Completion of the order by pressing the button “Buy Now”. This represents your binding order.
- After the order, we send an automated order confirmation with which the contract is not yet concluded. The contract is concluded if we expressly accept your order within 5 working days by separate e-mail.
(4) In the case of concluding the contract, it comes into existence with AI2 UG (limited liability), Am Rothenrain 11, Germany.
(5) Before ordering, the contract data can be printed or electronically saved via the browser’s print function. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the GTC and the cancellation policy, takes place via e-mail after the order has been triggered by you, partly automated. We do not save the contract after conclusion of such.
(6) Input errors can be corrected using standard keyboard, mouse, and browser functions (such as the browser’s back button). You can also correct this by canceling the order process early, closing the browser window, and repeating the process.
(7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is carried out by e-mail partly automated. You therefore have to ensure that the e-mail address you provide us with is correct, that the receipt of the e-mails is technically ensured and, in particular, that no SPAM filters prevent this.
§ 3 SUBJECT OF THE CONTRACT AND ESSENTIAL CHARACTERISTICS OF THE PRODUCTS
(1) In our online shop the subject of the contract is:
- The sale of digital goods, e.g. Software or media downloads. The concrete offered digital goods can be found on our article pages.
(2) The essential features of digital goods can be found in the item description.
(3) The sale of digital products is subject to the restrictions that are apparent from the product description or otherwise resulting from the circumstances, in particular to hardware and / or software requirements for the target environment. Unless expressly agreed otherwise, the subject of the contract is only the private and commercial use of the products without the right to resell or sublicense.
§ 4 PRICES, SHIPPING AND DELIVERY
(1) The prices quoted in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
(2) The respective purchase price must be paid before the delivery of the product (advance payment), unless we explicitly offer the purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise stated in the individual payment methods, the payment entitlements are due for immediate payment.
(3) In addition to the prices quoted, shipping costs may apply for the delivery of products, unless the respective item is shown as free of charge. The shipping costs will be clearly communicated to you on the offers, if applicable in the shopping cart system and on the order summary.
(4) All products offered are, unless clearly stated otherwise in the product description, ready to ship (delivery time: Immediately after receipt of payment).
§ 5 RIGHT OF RETENTION
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
§ 6 RIGHT OF REVOCATION
(1) As a consumer, you have a right of withdrawal. This is based on our cancellation policy.
(2) Note the special rights of revocation for digital goods:
In the case of distance selling contracts (contracts in which the trader or a person acting on his / her behalf or behalf and the consumer uses only means of distance communication for contract negotiations and the conclusion of a contract), consumers are generally entitled to a statutory right of withdrawal of fourteen days. Consumer within the meaning of § 13 BGB is any natural person who concludes a legal transaction for purposes that can be attributed predominantly neither their commercial nor their independent professional activity.
In addition to the revocation rights already explained, the following legal provisions apply to digital content:
In order to use digital content before the expiry of the revocation period, the buyer must agree to the “waiver of the right of revocation”. This is possible via a checkbox in the download area. If the buyer does not want to waive the right of revocation, the use of our digital goods is possible only after expiry of the revocation period.
The right of revocation expires in case of a contract for the delivery of digital content not contained on a physical data medium (in accordance with § 356 Abs. 5 BGB) even if the entrepreneur has started to execute the contract after the consumer
- expressly agrees that the entrepreneur will commence execution of the contract before the expiry of the withdrawal period and
- has acknowledged his knowledge that he loses his right of withdrawal by agreeing to do so when the contract begins.
§ 7 LIABILITY
(1) Subject to the following exceptions, our liability for contractual breaches of duty and tort is limited to intent or gross negligence.
(2) We are not liable for slight negligence in the event of injury to life, limb, health or breach of a contractual obligation without limitation. If we are in default due to slight negligence, if the performance has become impossible, or if we have violated a contractual obligation, the liability for damage to property and pecuniary loss attributable thereto is limited to the contractually foreseeable damage. An essential contractual obligation is one whose fulfillment enables the proper execution of the contract in the first place, the breach of which endangers the achievement of the purpose of the contract and the compliance with which you may regularly rely. In particular, this includes our obligation to act and the fulfillment of the contractually owed performance, which is described in § 3.
§ 8 WARRANTY
(1) The warranty is governed by the statutory provisions.
(2) For entrepreneurs, the warranty period for delivered goods is 12 months.
(3) As a consumer, you are asked to check the item / digital goods or the service provided immediately upon fulfillment of the contract for completeness, obvious defects and damage in transit and to notify us and the freight forwarder of complaints as soon as possible. If you do not comply with this, this of course has no effect on your statutory warranty claims.
§ 9 FINAL PROVISIONS
(1) German law applies. For consumers, this choice of law applies only insofar as it does not remove the protection afforded by mandatory provisions of the law of the state of the consumer’s habitual residence (favorable principle).
(2) The provisions of the UN Sales Convention explicitly do not apply.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the domicile of the provider.