We will inform the buyer in a timely and appropriate manner when such product-specific terms of use are to apply and give the buyer an appropriate opportunity to become aware of them. However, the contract for the purchase of the product or service (including applicable product-specific terms of use) is always concluded with us.
3. CONTRACT CONCLUSION
The listing of the respective product in the online shop does not yet constitute a binding offer for the conclusion of a purchase contract by Digistore24 to the buyer. To purchase products in Digistore24's online shop, the buyer can add the selected product to the shopping cart and then enter the order details in the provided order form. After selecting the shipping method and the desired payment method, and accepting these terms and conditions, the buyer submits their binding offer by clicking the "Buy Now" button. After this ordering process, the buyer will receive an email with the order confirmation. However, this order confirmation does not yet constitute acceptance of the offer sent by the buyer to Digistore24.
Digistore24 stores the contract text of the order, and the buyer can print this before submitting their order to us by clicking on "Print" in the final step of the order. We will also send the buyer an order confirmation and an order acknowledgment with all order details to the email address provided.
Further information on data protection can be accessed by the buyer at https://www.digistore24.com/page/privacy.
Acceptance by Digistore24 occurs through an express acceptance declaration sent to the buyer by email no later than the third working day following the day of the offer, or by sending the product in question.
Digistore24 reserves the right to refuse contract offers without providing reasons.
If the buyer is an entrepreneur, offers from Digistore24 are non-binding and subject to change.
The contract language is exclusively German.
4. SOFTWARE
If a delivered product consists of software or contains software, this software will be delivered in accordance with the respective licensing terms.
This software may only be copied, adapted, translated, made available, distributed, altered, disassembled, decompiled, reverse-engineered, or combined with other software to the extent that such actions are explicitly permitted by the licensing terms or applicable laws, especially sections § 69 d Abs. 2 and 3 and § 69 e Copyright Act.
The buyer shall indemnify Digistore24 from liability and any claims and costs arising from the violation of third-party intellectual property rights by the buyer.
5. PRICES
The prices at the time of the order apply. All prices are quoted in EUR and include VAT.
Shipping costs are not included in this price and will be displayed separately during the order process.
In the case of purchase contracts between Digistore24 and the customer, the total amount to be paid, including shipping costs, is due immediately.
The price to be paid by the buyer will be clearly and understandably displayed on the order form, whether they are the same or different.
If the buyer is an entrepreneur, prices are exclusive of packaging, freight, postage, shipping costs, and insurance. If our purchase prices, transportation costs, business-related taxes, or other costs that affect the individual price change unexpectedly between the conclusion of the contract and the agreed delivery date—only for non-commercial transactions if this period exceeds four months—we can request a corresponding price adjustment.
6. PAYMENT TERMS
Digistore24 offers the buyer various payment methods. These include PayPal, credit card payments with MasterCard or Visa, electronic direct debit, instant transfer, or bank transfer.
If the buyer purchases a product related to a subscription ("subscription product") or a product or service involving installment payments via the Digistore24 order form, this constitutes a direct debit authorization granted to us by the buyer. The amount to be paid depends on the purchased product. The prices and agreed payment periods are always clearly stated on our order form. This direct debit authorization applies to the respective payment method used.
In the case of a withdrawal from the contract by the consumer according to § 7 or a contract cancellation for other reasons, we will refund the already paid purchase price. For this refund, we use the same payment method that was used for the original transaction. In the case of granting a SEPA mandate, simultaneous reversal by the buyer is not necessary. If the buyer fails to return the unduly received amount after a reversal by us within a reasonable period, we are entitled to enforce our claims through legal means and request information from the buyer’s bank about the personal data of the account holder. In this case, we also reserve the right to file a criminal complaint. We are entitled to demand the submission of copies of official documents for identity and plausibility checks.
7. RIGHT OF WITHDRAWAL FOR CONSUMERS
Withdrawal instructions for the delivery of goods
If the buyer is a consumer, they have the following right of withdrawal:
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the goods. In the case of a contract for multiple goods that you ordered in one order and that are delivered separately, the period begins on the day on which you or a third party named by you, who is not the carrier, took possession of the last good.
To exercise your right of withdrawal, you must inform us (Digistore24 GmbH, St.-Godehard-Straße 32, 31139 Hildesheim, Germany, Phone: +49 (5121) 9288860, Email: support@Digistore24.com) by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
If you withdraw from this contract, we will refund all payments we have received from you, including the cost of delivery (except for the additional costs arising from your choice of a delivery method other than the cheapest standard delivery offered by us), without undue delay and in any event within fourteen days from the day we receive notification of your withdrawal from this contract. For this refund, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged fees for this refund.
We may refuse the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier. We will bear the costs of returning the goods. You will only be liable for any loss in value of the goods if the loss is due to handling the goods in a way that is not necessary to ascertain the nature, characteristics, and functioning of the goods.
The right of withdrawal does not apply to distance contracts for the delivery of goods that are not pre-manufactured and are made according to the consumer’s specifications or are clearly personalized, to distance contracts for the delivery of newspapers, periodicals, or magazines, with the exception of subscription contracts, to distance contracts for the delivery of sealed goods that are not suitable for return due to health or hygiene reasons if their seal was removed after delivery; to distance contracts for the delivery of goods that, by their nature, are inseparably mixed with other goods after delivery; to distance contracts for the delivery of sound or video recordings or computer software in sealed packaging if the seal was removed after delivery.
Withdrawal instructions for the delivery of digital content
If the buyer is a consumer, they have the following right of withdrawal:
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us (Digistore24 GmbH, St.-Godehard-Straße 32, 31139 Hildesheim, Germany, Phone: +49 (5121) 9288860, Email: support@Digistore24.com) by means of a clear statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we will refund all payments we have received from you, including the delivery costs (except for the additional costs that arise from your choice of a delivery method other than the cheapest standard delivery offered by us), without undue delay and in any event within fourteen days from the day on which we received your notification of withdrawal from this contract. For this refund, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you incur any fees for this refund.
Withdrawal Instructions for the Provision of Services
If the buyer is a consumer, they have the following right of withdrawal:
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us (Digistore24 GmbH, St.-Godehard-Straße 32, 31139 Hildesheim, Germany, Phone: +49 (5121) 9288860, Email: support@Digistore24.com) via a clear statement (e.g., a letter sent by post, fax, or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the withdrawal period expires.
Consequences of Withdrawal
If you withdraw from this contract, we will refund all payments we have received from you, including the delivery costs (except for the additional costs that arise from your choice of a delivery method other than the cheapest standard delivery offered by us), without undue delay and in any event within fourteen days from the day on which we received your notification of withdrawal from this contract. For this refund, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you incur any fees for this refund.
If you requested that the service should begin during the withdrawal period, you must pay us an appropriate amount corresponding to the proportion of the services already provided up to the time you informed us of your exercise of the right of withdrawal with respect to this contract, compared to the total scope of the services provided for in the contract.
End of Withdrawal Instructions
MODEL WITHDRAWAL FORM
(If you want to withdraw from the contract, please fill out this form and send it back.)
- To Digistore24 GmbH (Digistore24 GmbH, St.-Godehard-Straße 32, 31139 Hildesheim, Germany, Phone: +49 (5121) 9288860, Email: support@Digistore24.com)
- Hereby, I/we (*) withdraw from the contract concluded by me/us (*) regarding the purchase of the following goods (*) / the provision of the following service (*)
- Ordered on (*) / received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if sent on paper)
- Date
(*) Please delete where inapplicable.
8. DELIVERY AND DELIVERY TIME
The shipment will be made within 10 days after receipt of payment to our account.
Partial deliveries are permissible and can be billed separately, provided this is reasonable for the buyer and they have an objective interest in the partial delivery.
If Digistore24 is delayed, the buyer, if an entrepreneur, may only withdraw from the contract after an unsuccessful expiry of a reasonable deadline, which must be at least fourteen days, if the product has not been marked as ready for shipment by that time. In the case of partial delays or partial impossibility, the buyer can only withdraw from the entire contract or claim damages for non-fulfillment of the entire obligation if partial fulfillment of the contract holds no interest for them.
9. RISK TRANSFER
If the buyer is a consumer, the statutory regulations for the transfer of risk of the purchased item apply.
If the buyer is an entrepreneur, the risk passes to them as soon as the shipment is handed over to the carefully selected carrier by Digistore24 or leaves the warehouse or that of a sub-supplier for dispatch. If the shipment is delayed at the buyer's request, the risk passes to them when the readiness for shipment is reported. The same applies when asserting retention rights.
10. RETENTION OF TITLE
The goods remain the property of Digistore24 until the full purchase price has been paid.
Prior to the transfer of ownership, pledging, security transfer, processing, or modification without the consent of Digistore24 is not permitted.
If the buyer is an entrepreneur, they are entitled to resell the goods subject to retention of title in the normal course of business. However, they are only authorized to sell the goods to end consumers. Reselling to resellers is explicitly not permitted. All claims arising from the resale or any other legal reason (insurance, tort) concerning the goods subject to retention of title, including all balance claims from current accounts, are hereby assigned by the buyer as collateral to us in full. We irrevocably authorize the buyer to collect the assigned claims in our name. The collection authorization can only be revoked if the buyer is in payment default. The buyer is then obliged to provide us with the names, addresses, and amounts of all persons to whom the goods subject to retention of title were sold by them. Pledging or security transfer is not permitted.
As long as the buyer is not in payment default, we will not disclose the assignment. In the event of third-party claims on the goods subject to retention of title, particularly seizures, the buyer must point out our ownership and notify us immediately so that we can enforce our ownership rights. If the third party is unable to reimburse us for the resulting court or out-of-court costs, the buyer is liable for these costs.
In the event of a breach of contract by the buyer – particularly payment default, suspension of payments, filing for insolvency – we are entitled to take back the goods subject to retention of title or, if necessary, to demand the assignment of the buyer's claims for delivery from third parties. The return or seizure of the goods by us does not constitute a withdrawal from the contract if the buyer is an entrepreneur.
11. WARRANTY
The statutory warranty rights apply to all contracts between Digistore24 and the buyer.
If the purchase contract was concluded for a used item, the warranty rights for defects expire within one year, starting from the day of delivery of the goods.
The shortening of the warranty period to one year does not apply if the obligation to replace is based on bodily injury or health damage due to a defect for which we are responsible or due to willful misconduct or gross negligence by Digistore24 or our vicarious agents. Notwithstanding this, we are liable according to the Product Liability Act.
If the buyer is an entrepreneur, the following additional provisions apply: The buyer must report all visible defects after receiving the goods, but no later than 5 working days. Hidden defects, which could not be found even after immediate inspection, may only be asserted against Digistore24 if the defect complaint reaches us within 6 months after the goods have left the place of delivery. In the case of justified complaints, Digistore24 GmbH is obliged to either repair or replace the goods at its discretion. If the buyer does not give us the opportunity to verify the defect, particularly if they do not immediately provide the complained goods or samples upon request, all warranty claims will be void. Complaints regarding partial deliveries do not entitle the buyer to refuse the remaining delivery. These conditions also apply if goods other than those agreed upon are delivered. Warranty claims for entrepreneurs are excluded in the case of deliveries of used goods.
12. LIMITATION OF LIABILITY
Digistore24 strives to ensure that the website is available without interruption and that transmissions are error-free. However, this cannot be guaranteed at all times. Access to the online platform may occasionally be interrupted or limited to allow for repairs, maintenance, or the introduction of new features. Digistore24 strives to limit the duration and frequency of these temporary interruptions.
Digistore24 is liable for intent and gross negligence as well as for damages resulting from the violation of life, body, or health without limitation.
In cases of slight negligence, Digistore24 is liable only for the breach of a significant contractual obligation. A significant contractual obligation in the sense of this clause is an obligation whose fulfillment is essential for the execution of the contract and on whose fulfillment the contracting party can regularly rely.
The limitations of liability also apply in favor of Digistore24's employees, agents, and vicarious agents.
13. ONLINE DISPUTE RESOLUTION
The European Commission provides a platform for online dispute resolution (ODR). The platform can be accessed by the buyer at: http://ec.europa.eu/consumers/odr/
14. PLACE OF PERFORMANCE, JURISDICTION, APPLICABLE LAW
The place of performance for all claims arising from the contractual relationship is Hildesheim if the buyer is an entrepreneur.
The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Hildesheim, provided the buyer is a merchant or has no general jurisdiction in Germany or another EU member state, has moved their permanent residence abroad after the effectiveness of these terms and conditions, or their residence or habitual place of stay is unknown at the time of filing the lawsuit.
German law applies, excluding the UN Sales Convention. This choice of law applies to consumers only insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence.
The buyer may only offset or assert a right of retention against Digistore24’s claims if their counterclaim is undisputed, has a legally binding title, or the counterclaim is in a reciprocal relationship to the claim concerned.
The buyer is not entitled to assign claims arising from the contractual relationship to third parties without our consent.