Terms and Conditions (General Terms and Conditions with Customer Infor

Scope
Conclusion of contract
Right of withdrawal
Prices and payment terms
Provision of content
Granting of rights of use
Liability for defects
Special conditions for the processing of digital content according to specific customer specifications
Applicable law
Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of PaperlessLife GmbH (hereinafter "Entrepreneur") apply to all contracts for the provision of data created and provided in digital form (digital content) that a consumer or entrepreneur (hereinafter "Customer") concludes with the Entrepreneur regarding the digital content described by the Entrepreneur in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.

1.3 An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.

2) Conclusion of contract

2.1 The contents described in the entrepreneur's online shop do not constitute binding offers on the part of the entrepreneur, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the entrepreneur's online shop. After placing the selected items in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the items contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the customer can also submit the offer to the entrepreneur via email.

2.3 The entrepreneur can accept the customer’s offer within five days,

by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
by providing the customer with the ordered content, or
by requesting payment from the customer after placing his order.

If several of the aforementioned alternatives exist, the contract is concluded at the time one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the dispatch of the offer. If the entrepreneur does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.

2.4 If you select a payment method offered by PayPal, payment will be processed via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at https://www.paypal.com /de /webapps /mpp /ua /privacywax-full If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.

2.5 When submitting an offer via the Entrepreneur's online order form, the contract text will be saved by the Entrepreneur after the contract has been concluded and sent to the customer in text form (e.g., by email, fax, or letter) after the order has been sent. The Entrepreneur will not make the contract text available beyond this time.

2.6 Before submitting a binding order via the entrepreneur's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the order process.

2.7 The German language is available for the conclusion of the contract.

2.8 Order processing and contact are generally carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the entrepreneur can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the entrepreneur or third parties commissioned by the entrepreneur to process the order can be delivered.

3) Right of withdrawal

Consumers generally have a right of withdrawal. Further information on the right of withdrawal can be found in the entrepreneur's cancellation policy.

4) Prices and payment terms

4.1 The prices quoted by the entrepreneur are total prices and include statutory VAT.

4.2 For payments to countries outside the European Union, additional costs may arise in individual cases for which the Entrepreneur is not responsible and which must be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees).

4.3 The payment options are specified in the entrepreneur’s online shop.

4.4 If a payment method offered via the “PayPal” payment service is selected, payment will be processed via PayPal, although PayPal may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal for which he makes advance payments to the customer (e.g. purchase on account or payment by installments), he assigns his payment claim to PayPal or to the payment service provider commissioned by PayPal and specifically named to the customer. Before accepting the seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal will carry out a credit check using the customer data transmitted. The seller reserves the right to refuse the selected payment method to the customer if the check result is negative. If the selected payment method is accepted, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, he can only pay PayPal or the payment service provider commissioned by PayPal with debt-discharging effect. However, even in the event of an assignment of claims, the seller remains responsible for general customer inquiries, e.g. B. about the goods, delivery time, shipping, returns, complaints, declarations of revocation and sending or credit notes.

4.5 If you select a payment method offered via the "Shopify Payments" payment service, payment processing will be carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the customer in the entrepreneur's online shop. Stripe may use other payment services to process payments, for which special payment terms may apply, to which the customer may be separately informed. Further information on "Shopify Payments" can be found online at https://www.shopify.com/legal/terms-payments-de available.

4.6 If you select the payment method via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment is processed via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to conduct a credit check and reject this payment method if the credit check is negative.

5) Provision of content

Digital content is provided to the customer as follows:

- via download

6) Granting of rights of use

6.1 Unless otherwise stated in the description of the content in the Entrepreneur’s online shop, the Entrepreneur grants the Customer the non-exclusive, geographically and temporally unlimited right to use the content provided 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 General Terms and Conditions is not permitted unless the Entrepreneur has agreed to the transfer of the contractual license to the third party.

6.3 To the extent the contract relates to the one-time provision of digital content, the granting of rights only becomes effective once the customer has paid the contractually agreed remuneration in full. The entrepreneur may also provisionally permit the use of the contractual content prior to this point in time. Such provisional permission does not constitute a transfer of rights.

7) Liability for defects

The statutory liability for defects applies.

8) Special conditions for the processing of digital content according to specific customer specifications

8.1 If, according to the content of the contract, the Entrepreneur is obliged not only to provide digital content but also to process it according to specific customer specifications, the customer must provide the Entrepreneur with all content required for processing, such as text, images, or graphics, in the file formats, formatting, image sizes, and file sizes specified by the Entrepreneur, and grant the Entrepreneur the necessary rights of use. The customer is solely responsible for the procurement and acquisition of rights to this content. The customer declares and assumes responsibility for ensuring that they have the right to use the content provided to the Entrepreneur. They shall ensure, in particular, that no third-party rights are violated, in particular copyrights, trademark rights, and personal rights.

8.2 The customer indemnifies the entrepreneur against any claims made by third parties in connection with a violation of their rights through the entrepreneur's contractual use of the customer's content. The customer also assumes the necessary costs of legal defense, including all court and attorney fees at the statutory rate. This does not apply if the customer is not responsible for the violation. In the event of a claim by third parties, the customer is obligated to promptly, truthfully, and completely provide the entrepreneur with all information necessary for the examination of the claims and for a defense.

8.3 The company reserves the right to refuse processing orders if the content provided by the customer violates legal or regulatory prohibitions or violates common decency. This applies in particular to the provision of content that is anti-constitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.

9) Applicable law

9.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

9.2 If the Licensee acts as a merchant, a legal entity under public law, or a special fund under public law with its registered office in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this Agreement shall be the registered office of the Licensor. If the Licensee is based outside the Federal Republic of Germany, the registered office of the Licensor shall be the exclusive place of jurisdiction for all disputes arising from this Agreement if the Agreement or claims arising from the Agreement can be attributed to the Licensee's professional or commercial activity. In the above cases, however, the Licensor is entitled in any case to bring proceedings before the court at the Licensee's registered office.

10) Alternative dispute resolution

10.1 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 sales or service contracts involving a consumer.

10.2 The entrepreneur is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Terms and Conditions (General Terms and Conditions with Customer Information)

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