Terms of Trade
1. scope of application
2. conclusion of contract
3. right of revocation
4. prices and terms of payment
5. delivery and shipping costs
6. retention of title
7. liability for defects
8. indemnification in case of violation of third party rights
9. redemption of gift vouchers
10. redemption of campaign vouchers
11. applicable law
12. place of jurisdiction
13. information on online dispute resolution
1. scope of application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of “Story Roads Publishing, Owner Marc Krautwedel” (hereinafter referred to as “Seller”), apply to all contracts that a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Seller for the goods offered by the Seller in his online store. The inclusion of the Customer’s own terms and conditions is objected to unless otherwise agreed.
1.2 These GTC shall apply accordingly to contracts for the delivery of digital content if and to the extent that nothing to the contrary has been expressly agreed.
1.3 For the purposes of these GTC, digital content shall be understood to mean all data not located on a physical data carrier which has been produced in digital form and which is provided by the Seller in accordance with these GTC.
1.4 These GTC shall apply mutatis mutandis to the purchase of vouchers if and to the extent that nothing to the contrary is expressly provided for.
1.5 A consumer is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity.
1.6 An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
1.7 These General Terms and Conditions shall apply mutatis mutandis to contracts for the supply of license keys unless and to the extent that anything to the contrary has been expressly agreed.
Within the scope of such a contract, the Seller shall owe the provision of one or more license keys for the use of the software or content described by the Seller as belonging to it. The Seller also owes the granting of the contractually agreed rights to use the respective software or content.
However, no intellectual property rights to the software or content are transferred to the customer.
2. Conclusion of Contract
2.1 First, the customer places the selected goods in the shopping cart. In the following step, the ordering process begins, in which all necessary data for order processing are recorded.
At the end of the ordering process, a summary of the order and contract data appears.
Only after confirming this order and contract data by clicking on the button that concludes the order process, the customer makes a binding offer to purchase the goods contained in the shopping cart.
2.2 The presentation of the goods, in particular in the online store, does not constitute a binding offer by the seller.
2.3 If the customer selects the payment method “PayPal” or “PayPal Express” for the payment of his purchase, he submits his offer by clicking the button that concludes the ordering process. If the customer also issues the payment order to PayPal at the same time by clicking this button, the seller declares the acceptance of the customer’s offer at the time of issuing the payment order, in deviation from the above regulations.
2.4 The text of the contract concluded between the Seller and the Customer shall be stored by the Seller. The text of the contract is stored on the Seller’s internal systems. The customer can view the general terms and conditions at any time on this page. The order data, the cancellation policy and the terms and conditions will be sent to the customer by email. After completion of the order, the text of the contract is accessible to the customer free of charge via his customer login, provided that he has opened a customer account.
2.5 All entries made are displayed before clicking the order button and can be viewed by the customer before submitting the order and corrected by pressing the back button of the browser or the usual mouse and keyboard functions. In addition, buttons for correction are available to the customer, if available, and are labeled accordingly.
2.6 The contractual language is German.
2.7 It is the responsibility of the customer to provide a correct email address for contacting and processing the order, as well as to set the filter functions so that emails relating to this order can be delivered.
3. right of withdrawal
3.1 If the customer is a consumer, he is generally entitled to a right of withdrawal.
3.2 The right of withdrawal is governed by the seller’s cancellation policy.
3.3 Consumers who do not belong to a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of the conclusion of the contract do not have a right of withdrawal.
4 Prices and terms of payment
4.1 If the delivery is made to a non-EU country, additional customs duties, taxes or fees may have to be paid by the customer to the customs or tax authorities responsible there or to credit institutions.
The Customer is advised to inquire about the details with the respective institutions or authorities before placing the order.
4.2 The prices shown are final prices including the statutory value added tax, unless otherwise agreed.
If additional shipping costs are incurred, this can be found in the product description.
4.3 The customer can select the payment methods available in the online store.
4.4 In the case of advance payment by bank transfer, the payment is due immediately after conclusion of the contract, unless otherwise agreed.
4.5 In the case of payment by “PayPal”, payment shall be processed via PayPal (Europe) S.Ă r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. For this purpose, the terms of use of PayPal apply. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
5. delivery and shipping costs
5.1 The delivery of goods by shipping is made to the delivery address specified by the customer. Deviating from this, in the case of payment via PayPal, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive.
5.2 If the seller incurs additional costs due to the specification of an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these are to be reimbursed by the customer, unless he is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller has given him reasonable prior notice of the service. Excluded from this provision are the costs of the Hinsendung, if the customer has effectively exercised his right of withdrawal. Here it remains with the legal or the regulation made by the seller.
5.3 The self-collection is not offered.
5.4 Vouchers are provided to the customer in the following form:
-by e-mail
-by download
-postal
6. reservation of proprietary rights
If the seller makes an advance payment, the goods remain the property of the seller until full payment of the purchase price.
7. liability for defects
7.1 With regard to the warranty, the provisions of the statutory liability for defects shall apply, unless otherwise agreed.
7.2 The customer is requested to complain about delivered goods with obvious transport damages to the delivery person and to inform the seller about this. Failure to do so shall have no effect on the Customer’s statutory or contractual claims for defects.
8. indemnification in case of violation of third party rights
If, in addition to the delivery of goods, the Seller owes the Customer under the contract the processing of the goods in accordance with certain specifications of the Customer, the Customer shall ensure that the content provided to the Seller by the Customer for this purpose does not infringe the rights of third parties. The contracting parties agree that the Customer shall indemnify the Seller against claims of third parties in this context, unless the Customer is not responsible for the infringement. The indemnification shall also include the assumption of the reasonable costs of the necessary legal defense, including all court and attorney fees in the statutory amount. In the event of a claim by a third party, the customer is obligated to provide the seller immediately, completely and truthfully with all information necessary for the examination of the claims and a defense.
9. redemption of gift vouchers
9.1 Gift certificates that have been purchased via the Seller’s online store (“Gift Certificates”) can also only be redeemed in the Seller’s online store.
9.2 Gift Vouchers and remaining balances of Gift Vouchers can be redeemed until the end of the third year after the year of the purchase of the Gift Voucher. Any remaining balances will be credited to the customer’s gift certificate account until the expiration date.
9.3 Gift vouchers can only be redeemed before the order process is completed. A subsequent redemption does not take place.
9.4 Several gift vouchers can be redeemed within one order.
9.5 Gift vouchers can only be redeemed for the purchase of goods.
The purchase of additional gift vouchers can not be paid by voucher.
9.6 If the value of a Gift Voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.
9.7 Credit balances on gift vouchers are not paid out and do not bear interest.
9.8 Gift vouchers are transferable in principle.
The Seller may make payment with discharging effect to the Customer redeeming the respective Gift Voucher. This does not apply if the seller has knowledge or grossly negligent ignorance of the possible ineligibility, legal incapacity or lack of representative authority of the respective holder.
10 Redemption of promotional vouchers
10.1 Vouchers which the Seller issues free of charge as part of (promotional) campaigns with a specific period of validity and which the Customer cannot purchase (“Promotional Vouchers”) may only be redeemed in the Seller’s online store and only during the period specified by the Seller.
10.2 Promotion Vouchers can only be redeemed by consumers.
10.3 Individual products may be excluded from the voucher promotion.
The specific restrictions, if any, can be found on the promotional voucher.
10.4 Promotion vouchers can only be redeemed before the order process is completed. There will be no subsequent offsetting.
10.5 Only one promotional voucher can be redeemed per order. The redemption of several promotional vouchers in one order is not possible.
10.6 The value of goods of the respective order must be at least the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.
10.7 If the value of a promotional voucher is not sufficient to pay for the respective order, one of the other offered payment methods can be used to settle the difference.
10.8 The credit balance of a promotional voucher shall neither be paid out nor shall interest be paid on it.
10.9 The promotional voucher will also not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of withdrawal.
10.10. Promotion vouchers are transferable in principle.
The Seller may make payment with discharging effect to the Customer redeeming the respective gift voucher. This does not apply if the seller has knowledge or grossly negligent ignorance of the possible ineligibility, legal incapacity or lack of representative authority of the respective holder.
11 Applicable Law
11.1 The law of the Federal Republic of Germany shall apply to the exclusion of the laws on the international purchase of movable goods.
The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.
11.2 This choice of law shall not apply with regard to the statutory right of withdrawal for consumers if they do not belong to a Member State of the European Union at the time of conclusion of the contract and their sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
12. place of jurisdiction
If the customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller.
If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller’s registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if this contract or claims arising from this contract can be attributed to the customer’s professional or commercial activity.
Nevertheless, in the aforementioned cases, the Seller shall also be entitled to invoke the court at the Customer’s place of business.
13. information on online dispute resolution
The platform for online dispute resolution of the EU Commission can be accessed on the Internet at the following link: https://ec.europa.eu/odr.
We are not obligated to participate in a dispute resolution procedure before a consumer arbitration board, but are generally prepared to do so.