Terms of Trade
1. Scope of application
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping costs
6. Retention of title
7. Liability for defects
8. Applicable law
9. Place of jurisdiction
10. 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” in the case of purchased items or “Licensor” in the case of limited transfer of use and rental transactions) apply to all contracts concluded by a consumer or entrepreneur (hereinafter referred to as “Customer”) with the Seller/Licensor for the goods or services or transfers of use offered by the Seller/Licensor in its online shops at https://www.story-roads. com and https://www.dragomar.net. The inclusion of the Customer’s own terms and conditions is rejected, unless otherwise agreed.
1.2. These GTC apply accordingly to contracts for the delivery or provision of digital content, unless expressly agreed otherwise.
1.3. Digital content within the meaning of these General Terms and Conditions refers to all data that is not stored on a physical data carrier, has been produced in digital form, and is provided by the Seller in accordance with these General Terms and Conditions.
1.4. These General Terms and Conditions apply accordingly to the purchase of vouchers, unless expressly stated otherwise.
1.5. A consumer is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor their independent professional activity.
1.6. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.7. In the event of a restricted transfer of use, the customer is not granted the right to pass on the content to third parties or to reproduce it. No intellectual property rights to the content are transferred to the customer.
Within the scope of such a contract, the licensor owes the transfer of one or more permissions to use the content described by him as belonging to it. The licensor also owes the granting of the contractually agreed rights to use the respective software or content.
2. Conclusion of contract
2.1. First, the customer places the selected goods in the shopping cart or, in the case of memberships, selects the desired service by clicking on it. In the next step, the ordering process begins, in which all data required for order processing is collected.
At the end of the order process, a summary of the order and contract data appears. In the case of memberships, the summary is a real-time display because only a service that does not involve any additional costs can be purchased.
Only after confirming this order and contract data by clicking on the button that completes the order process does the customer submit a binding offer to purchase the goods in the shopping cart or the selected, clearly identified service.
2.2. The presentation of the goods, particularly in the online shop, 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 their purchase, they submit their offer by clicking on the button that completes the order process. If the customer also issues the payment order to PayPal by clicking on this button at the same time, the seller declares, in deviation from the above provisions, that they accept the customer’s offer at the time the payment order is issued.
2.3. If the customer selects the payment method “Stripe” for the payment of their purchase, they submit their offer by clicking on the button that completes the order process. If the customer also issues the payment order to Stripe by clicking on this button at the same time, the seller declares, in deviation from the above provisions, that they accept the customer’s offer at the time the payment order is issued.
2.4. The text of the contract concluded between the seller and the customer is 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 details are sent to the customer by email. After completion of the order, the contract text is available to the customer free of charge via their customer login, provided that they have opened a customer account. The services from a membership contract are immediately available to customers after conclusion of the contract, provided that the customer logs in to the provider’s website with a freely chosen password. By using the services and provisions offered exclusively to members, the customer waives their right of objection and right of withdrawal.
2.5. All entries made are displayed before the order button is clicked and can be viewed by the customer before the order is sent and corrected by clicking the back button of the browser or using the usual mouse and keyboard functions. In addition, the customer has access to correction buttons, where available, which are labeled accordingly. Alternatively, the input fields can be changed or emptied using the usual keyboard and mouse functions.
2.6. The contract language is German.
2.6.1. In the event of disputes arising from unclear information in translations, the German version shall serve as the basis for dispute resolution. In the case of memberships, the basis is a temporary transfer of use for personal consumption. Any transfer of rights or permission to reproduce is excluded.
It is the customer’s responsibility to provide a correct email address for contact and order processing and to set the filter functions so that emails relating to this order can be delivered.
For contracts for temporary transfer of use, the provision of a name and email address is a condition for the conclusion of the contract and its permanent fulfillment.
Transfers of use are exclusively for private, personal use during the specified period of use.
The minimum usage volume, i.e. the amount of usable content covered by the usage contract or subscription, corresponds to the content offered at the time of conclusion of the contract and listed on the website as available for use on a daily basis.
Internet access is required to use the content provided on the entertainment platform. This also applies to content such as e-books and applications such as games that are downloaded from the platform. This content requires a permanent or temporary connection to your own online account to confirm your right to use it.
The licensor provides demonstration and sample applications and content free of charge and without registration to ensure that the customer can verify the technical usability of the content before concluding a contract.
The licensor ensures that the platform and thus the licensed content is technically accessible for at least ninety-seven (97) percent of the contract term.
3. Right of withdrawal
If the customer is a consumer, they are generally entitled to a right of withdrawal.
When using digital data, use is limited within the withdrawal period. By using the services and provisions offered exclusively to members, the consumer waives their right of withdrawal and right of rescission.
Exclusion of the right of withdrawal for physical books:
The right of withdrawal expires prematurely if the book has been obviously used or read or removed from its original packaging.
The return must be in an undamaged and new condition.
3.4. The seller’s cancellation policy applies to the right of withdrawal.
3.5. Consumers who are not citizens of a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract are not entitled to a right of withdrawal.
4. Prices and terms of payment
4.1. If delivery is made to a non-EU country, additional customs duties, taxes, or fees may be payable by the customer to the customs or tax authorities or credit institutions responsible there.
The customer is advised to check the details with the relevant institutions or authorities before placing the order.
4.2. The prices displayed are final prices including statutory sales tax, unless otherwise agreed.
If additional shipping costs are incurred, this will be indicated in the product description.
4.3. The customer can select the payment methods available in the online shop.
4.4. In the case of advance payment by bank transfer, payment is due immediately after conclusion of the contract, unless otherwise agreed.
When paying via “PayPal,” payment is processed by PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. The PayPal terms of use apply. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
When paying via “Stripe,” payment processing is handled by Stripe Payments Europe, Limited (SPEL), based in Ireland. Processing is subject to Stripe’s terms of use, which can be viewed at Stripe Service Agreement.
When paying via other payment methods, payment processing is handled by the respective provider selected by the customer.
The customer shall not incur any transaction costs for payment processing. Connection costs for possible identification or separate authorization, for example by SMS, are not transaction costs and are subject to the legal relationship between the customer and their financial institution.
5. Delivery and shipping costs
5.1. Goods shall be delivered by mail to the delivery address specified by the customer. Notwithstanding this, in the case of payment via PayPal, the delivery address provided by the customer at the time of payment via PayPal shall be decisive.
5.2. If the seller incurs additional costs due to the provision of an incorrect delivery address or an incorrect addressee or other circumstances that make delivery impossible, these shall be reimbursed by the customer, unless the customer is not responsible for the incorrect information or the impossibility of delivery. The same applies if the customer was temporarily prevented from accepting the service, unless the seller has given him reasonable advance notice of the service. Excluded from this provision are the costs of the return shipment if the customer has effectively exercised his right of withdrawal. In this case, the statutory provisions or the provisions agreed by the seller shall apply.
6. Retention of title
All content provided on the provider’s website for private, personal use only may not be reproduced in whole or in part or made available to others for use in any form, unless the persons concerned are clearly named and included in the purchased membership or subscription.
If the seller makes advance delivery, the goods remain the property of the seller until the purchase price has been paid in full.
7. Liability for defects
7.1. Unless otherwise agreed, the provisions of statutory liability for defects apply with regard to the warranty.
7.2. The customer is requested to report any goods delivered with obvious transport damage to the delivery agent and to inform the seller thereof. Failure to do so shall not affect the customer’s statutory or contractual claims for defects.
8. Applicable law
8.1. The law of the Federal Republic of Germany shall apply, excluding the laws on the international sale of movable goods.
The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular those of the country in which the customer has his habitual residence as a consumer, remain unaffected.
8.2. The choice of law made here does 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.
9. 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 is the registered office of the seller.
If the customer is based outside the territory of the Federal Republic of Germany, the place of business of the seller 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 professional or commercial activity of the customer.
Nevertheless, in the aforementioned cases, the seller is also entitled to appeal to the court at the customer’s place of business.
10. Information on online dispute resolution
The EU Commission’s online dispute resolution platform can be accessed on the Internet at the following link: https://ec.europa.eu/odr
We are not obliged to participate in dispute resolution proceedings before a consumer arbitration board, but we are generally willing to do so.