General terms and conditions for the usage of www.twitch-overlay.com
§ 1 SCOPE
The following general terms and conditions are becoming valid after completing the purchase on www.twitch-overlay.com (named twitch-overlay.com in the following) and are basis for the usage of the online offer on www.twitch-overlay.com
The business terms and conditions are considered as accepted unless the customer contradicts via post or e-mail instantly.
Only the current version of the general terms and conditions that have been valid during the time of the purchase apply.
A customer’s deviant general terms and conditions will be rejected.
§ 2 CONCLUSION OF CONTRACT
§ 2.1. CONTRACTING PARTNER
The contract is made with:
Bremen, Bremen GbR
Stolberger Str. 105
Email: [email protected]
§ 2.2. CONCLUSION OF THE CONTRACT
The contract is becoming effective as soon as the customer has completed the purchasing process by confirming the “Order now” button. By sending the order, the customer makes a binding offer which is referring to the conclusion of a sale contract about the items which are included in the shopping cart. twitch-overlay.com confirms the incoming of the order by sending out a confirmation e-mail.
§ 2.3. BILLING
After receiving the order on twitch-overlay.com, the customer will receive a bill via e-mail.
§ 3 LICENCES
§ 3.1. LICENCE AGREEMENT AND USUFRUCT
The delivered product remains property of twitch-overlay.com until the payment has been fully completed. All templates are copyrighted. By purchasing a logo, the user has the right to use it for personal or business purposes. The usufruct of § 3.2 and § 3.3 has to be followed at any time. It is allowed to adapt the logo or parts of it. The customer is not allowed to use the logo or parts of it for other projects, other logos or own logo templates. Furthermore, the logo or parts of it are not allowed to be made available for download or distributed in any other way (resale).
§ 3.2. USUSFRUCT: SINGLE PRICE (NOT EXCLUSIVE)
The customer purchases a logo which is not going to be removed from our shop system after the purchase has been made. When purchasing a logo, the customer receives the right of usage for the purchased logo for an indefinite amount of time. The customer does not receive exclusive rights for the logo.
§ 3.3. TRANSFERABILITY
The customer is not allowed to licence the licence by himself or transfer it or sign it over to another person without twitch-overlay.com‘s consent which has to be provided in writing.
§ 4 PAYMENT
§ 4.1. STELLEMENT DATE
The payment of the purchasing price (single or exclusive price) is due at the time of reaching agreement.
§ 4.2. PRICES
All prices that are given on www.twitch-overlay.com are gross prices and do not include VAT because the Bremen, Bremen GbR is VAT exempt according to UStG §19. Effective prices are the prices which have been given at the time of the online purchase on www.twitch-overlay.com.
§ 4.3. PAYMENT OPTIONS
The payment of the items can be made only via PayPal (domestic and international) at this point.
§ 4.4. ANNULMENT
As long as the amount due has not been received within 7 working days, twitch-overlay.com is entitled to declare the contract as invalid without giving any further reasons.
§ 5 DELIVERY
After the payment has been received, the customer receives an e-mail from twitch-overlay.com which includes the purchased product as .zip file. The lead time is one day in general after receiving the payment. These details are not binding as long as no other kind of agreement has been made.
§ 6 REFUND
Since twitch-overlay.com offers intangible and irrevocable goods, twitch-overlay.com is not granting a refund after providing the goods. The customer has to be clear about that before purchasing the product. twitch-overlay.com is only granting exceptions of this rule if the product does not match its description. A refund is depending on the case and can only be conducted if both parties agree. The time for refund claims is two weeks after the date of delivery.
§ 7 PRIVACY STATEMENT
During initiation, conclusion, process and reversed transaction of a sale contract, data will be collected, saved and processed within the bounds of enactment.
When visiting our online offer, currently the IP-address that is used by the PC, date and time, browser type and the PC’s operating system as well as the sites that have been visited by the customer are protocolled. It is not possible for us to conclude personal data and it is also not intended. Personal data that the customer delivers for example during a purchasing process or via e-mail (e.g. name or contact data) will only processed for the purpose of contacting you and for the purposes that you made available for us. We are only transferring the data to the company that has been given the task of delivery as long as this is necessary in order for the goods to be provided. For processing the payment, we are transferring the data to the financial institution. We assure that we are not transferring the data to a third party unless we are committed by law or the customer stated his consent.
As far as we are drawing the service of a third party for the purpose of the execution and the processing of execution processes, the regulations of the Federal Data Protection Act will be kept.
§8 GUARANTEE AND LIABILITY
twitch-overlay.com is granting warranty that the product is free of defects at the time of the purchased object’s delivery.
All offered templates are created carefully and were tested in several browsers. There can be a difference of the templates’ depiction in different browsers and operating systems. In case that customers experience a defect or flaw, the customer is obliged to report those to twitch-overlay.com.
In case that the delivered products include flaws or defects, twitch-overlay.com is obliged to fix those or deliver a replacement. The warranty is invalid if the customer is making changes to the logo or template by either himself or athird party if they were made improperly or on a nonprofessional level and which are therefore contradicting the original condition of the template so that a repair is impossible.
§ 9 FINAL PROVISION
twitch-overlay.com subjects the alteration of the general terms and conditions.
German law applies exclusively. This choice of law is only applying to the consumer if no mandatory legal provisions of the state that the consumer is situated or has a habitual residence in are imposed.
As far as the customer is not a consumer, the legal venue of Aachen is agreed on.