soccerpicks.AI
Terms and Conditions
GENERAL TERMS AND CONDITIONS FOR BUYERS
When using the offer on CleverTipps.com, a paid contract is concluded with one of our payment service providers. This is either Digistore24 GmbH or Copecart GmbH. You can find all details in the order confirmation email, which is sent immediately after purchase. eLead Ltd is only responsible for the content of the offer.

GENERAL TERMS AND CONDITIONS OF COPECART.COM

1. Conclusion of Contract
The presentation of products in our online shop does not constitute a legally binding offer, but rather an informal catalog of the products and services ("goods") we offer. When you place an order, you are submitting an offer to us for the conclusion of the corresponding contract. You are bound by your offer for two business days at our location. Within this time frame, we can accept your offer.
Our offer is subject to availability. If the ordered goods are unavailable for reasons that were unforeseeable at the time of contract conclusion, and we are not supplied by a supplier without our fault, we have the right to cancel the contract. In such a case, we will inform you promptly that delivery is not possible and refund any payment made. This right applies only to consumers as defined in § 13 BGB if we have entered into a specific coverage transaction for the execution of the contract and are unexpectedly not supplied by the supplier without our fault.
General terms and conditions of the customer will not become part of the contract unless their application is explicitly agreed to.

2. Deliveries Abroad
We only deliver physical products to addresses in Germany, Austria, and Switzerland. For customers in other countries, we offer pickup in Berlin.

3. Contract Language, Storage of Contract Text, and Correction of Entered Data
The language of the contract is German.
With our order confirmation or, at our discretion, with the delivery of the goods, we will send you the contract text on a permanent data carrier (email or paper printout).
Entered data can be corrected before submitting the order via the back button of the browser. Furthermore, there is a correction option when this is indicated on the respective page of our shop.

4. SaaS Products
SaaS products are products that grant the temporary right to use software via the internet or through an app.
For SaaS products, you do not acquire direct usage rights from CopeCart; instead, CopeCart only transfers the right for you to request the transfer of the corresponding usage rights from the specified manufacturer without separate payment. The provision of the SaaS product is carried out by the manufacturer.
CopeCart is not a contracting party regarding the specific use of the SaaS product. Any claims related to the SaaS product must be directed to the manufacturer, who will become your contractual partner in this respect.

5. Partial Deliveries
We are entitled to make partial deliveries if a contract for the delivery of multiple items is concluded and it is possible and reasonable for you, based on the circumstances at the time of contract conclusion, to use the items individually for their intended purpose. Additional shipping costs will not be charged in this case.

6. Fees, Installment Payments
The due date for fees is determined by the statutory provisions. If the customer has been granted installment payments, our claim against the end customer arising from the respective contract becomes immediately due if the end customer is more than 30 days overdue in making a payment.

7. Risk Transfer for Delivery to Entrepreneurs
If you are an entrepreneur according to § 14 BGB, the risk of accidental loss or deterioration of the purchased goods passes to you upon delivery of the goods to the carrier, freight forwarder, or any other person or institution designated to carry out the delivery.

8. Warranty
You are entitled to the statutory claims if you are a consumer as defined in § 13 BGB.
If you are an entrepreneur as defined in § 14 BGB, the choice of supplementary performance, within the legal limits, is up to us. The warranty period for warranty claims is one year. This period does not apply to liability for damages due to defects; the liability rules apply in such cases. For claims for damages based on a refusal of supplementary performance, the statutory limitation periods apply only if supplementary performance was requested within the shortened one-year period for defect claims.

9. Liability
Liability for intent and gross negligence is unlimited.
In the case of simple negligence, liability for essential contractual obligations is limited to foreseeable and contract-typical damages. Essential contractual obligations are those whose fulfillment enables the proper execution of the contract and on whose compliance the injured party can regularly rely. The limitation period for claims under this paragraph is one year if the other party is not a consumer as defined in § 13 BGB.
Paragraph 2 does not apply to claims arising from the violation of bodily injury, health, or life, fraudulent actions, assumption of a guarantee, liability for initial impossibility, or claims under the Product Liability Act.
Otherwise, liability is excluded — regardless of the legal grounds.

10. Retention of Title
The delivered goods remain our property until the invoice is fully and completely paid.

11. Right of Withdrawal for the Purchase of Digital Content

Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without providing any reason. The withdrawal period is fourteen days from the day of contract conclusion.
To exercise your right of withdrawal, you must inform us (CopeCart GmbH, Ufnaustraße 10, 10553 Berlin, Phone: 04103-7003001, Email: info@copecart.com) by means of a clear statement (e.g., a letter sent by post or an email) about your decision to withdraw from this contract. You can use the attached model withdrawal form, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send the communication regarding the exercise of the withdrawal right before the withdrawal period expires.

Consequences of Withdrawal
If you withdraw from this contract, we will reimburse all payments received from you, including the cost of delivery (except for additional costs arising from your choice of a delivery method other than the least expensive standard delivery we offer), without undue delay and no later than fourteen days from the day we receive the notification of your withdrawal from this contract. We will use the same payment method for the reimbursement that you used for the original transaction unless otherwise agreed with you. In any case, no fees will be charged for the reimbursement.

Expiration of the Right of Withdrawal
The right of withdrawal expires for contracts regarding the delivery of digital content not stored on a physical medium if we have begun the execution of the contract after you explicitly agreed that we could begin execution before the withdrawal period expires, and you were informed that by agreeing to the execution of the contract, you lose your right of withdrawal.

12. Right of Withdrawal for the Purchase of Goods to Be Delivered
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without providing any reason. The withdrawal period is fourteen days from the day of contract conclusion.
To exercise your right of withdrawal, you must inform us (CopeCart GmbH, Ufnaustraße 10, 10553 Berlin, Phone: 04103-7003001, Email: info@copecart.com) by means of a clear statement (e.g., a letter sent by post or an email) about your decision to withdraw from this contract. You can use the attached model withdrawal form, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send the communication regarding the exercise of the withdrawal right before the withdrawal period expires.

Consequences of Withdrawal
If you withdraw from this contract, we will reimburse all payments received from you, including the cost of delivery (except for additional costs arising from your choice of a delivery method other than the least expensive standard delivery we offer), without undue delay and no later than fourteen days from the day we receive the notification of your withdrawal from this contract. We will use the same payment method for the reimbursement that you used for the original transaction unless otherwise agreed with you. In any case, no fees will be charged for the reimbursement.

13. Right of Withdrawal for Services
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without providing any reason. The withdrawal period is fourteen days from the day of contract conclusion.
To exercise your right of withdrawal, you must inform us (CopeCart GmbH, Ufnaustraße 10, 10553 Berlin, Phone: 04103-7003001, Email: info@copecart.com) by means of a clear statement (e.g., a letter sent by post or an email) about your decision to withdraw from this contract. You can use the attached model withdrawal form, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send the communication regarding the exercise of the withdrawal right before the withdrawal period expires.

Consequences of Withdrawal
If you withdraw from this contract, we will reimburse all payments received from you, including the cost of delivery (except for additional costs arising from your choice of a delivery method other than the least expensive standard delivery we offer), without undue delay and no later than fourteen days from the day we receive the notification of your withdrawal from this contract. We will use the same payment method for the reimbursement that you used for the original transaction unless otherwise agreed with you. In any case, no fees will be charged for the reimbursement.

If you requested that the services begin during the withdrawal period, you must pay us a reasonable amount that corresponds to the portion of the services already provided by the time you notify us of the exercise of the withdrawal right in relation to the total scope of services stipulated in the contract.

14. Right of Withdrawal for Contracts with Free Installment Payments
Right of Withdrawal
If you, as a consumer (borrower), have entered into a free installment payment agreement with us, you are entitled to the following right of withdrawal: The borrower can withdraw from their contract within 14 days without providing any reason. The period begins after the conclusion of the contract, but only after the borrower has received this withdrawal instruction on a permanent data carrier. To meet the withdrawal deadline, it is sufficient for the withdrawal to be sent in a timely manner, provided the statement is made on a permanent data carrier (e.g., letter or email). The withdrawal is to be addressed to: CopeCart GmbH, Ufnaustraße 10, 10553 Berlin, Phone: 04103-7003001, Email: info@copecart.com

Special Provisions for Other Contracts
If the borrower withdraws from this loan agreement, they are no longer bound by the contract for the purchase of digital content or the contract for the purchase of services (hereinafter referred to as the "connected contract"). If the borrower is entitled to a right of withdrawal for the connected contract, they are also no longer bound by the loan agreement with the effective withdrawal of the connected contract. The legal consequences of the withdrawal are determined by the provisions in the connected contract and the withdrawal instruction provided there.

Consequences of Withdrawal
If you withdraw from this contract, we will reimburse all payments received from you, including the cost of delivery (except for additional costs arising from your choice of a delivery method other than the least expensive standard delivery we offer), without undue delay and no later than fourteen days from the day we receive the notification of your withdrawal from this contract. We will use the same payment method for the reimbursement that you used for the original transaction unless otherwise agreed with you. In any case, no fees will be charged for the reimbursement. You must return or hand over the goods to us without undue delay and in any case no later than fourteen days from the day you notify us of the withdrawal from this contract. The deadline is met if you send the goods before the 14-day period expires.
You bear the direct costs of returning the goods.
You must pay for any loss of value of the goods only if the loss in value is due to unnecessary handling of the goods to examine their condition, properties, and functioning.

Expiration of the Right of Withdrawal
The right of withdrawal expires for contracts regarding the delivery of digital content not stored on a physical medium if we have begun the execution of the contract after you explicitly agreed that we could begin execution before the withdrawal period expires, and you were informed that by agreeing to the execution of the contract, you lose your right of withdrawal.

15. No Right of Withdrawal for Admission Tickets
For the purchase of admission tickets, there is no statutory right of withdrawal according to § 312 g Abs. 2 S. 1 Nr. 9 BGB.

16. Model Withdrawal Form
(If you want to withdraw from the contract, please fill out this form and send it back.)
To: CopeCart GmbH
Ufnaustraße 10, 10553 Berlin
Phone: +49 30 88789294
Email: info@copecart.com

1. I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following service (*)
2. Ordered on (*)/received on (*)
3. Name of the consumer(s)
4. Address of the consumer(s)
5. Signature of the consumer(s) (only for notification on paper)
6. Date (*)
Please strike out the inapplicable.

17. Out-of-Court Dispute Resolution
The EU Commission has provided an online platform for out-of-court dispute resolution at https://ec.europa.eu/consumers/odr/.
We are neither obligated nor willing to participate in a dispute resolution process before a consumer arbitration board.

18. Applicable Law and Jurisdiction
For consumers as defined in § 13 BGB: The contract is governed exclusively by the law of the Federal Republic of Germany. Mandatory statutory provisions applicable in the consumer's country of residence remain unaffected. If the user does not have a general jurisdiction in Germany or in another EU member state, the exclusive jurisdiction for any disputes arising from this contract shall be at our location.
For entrepreneurs as defined in § 14 BGB: The contract is governed exclusively by the law of the Federal Republic of Germany. International private law does not apply where it can be waived. The exclusive jurisdiction for all disputes in connection with this agreement is our location. We are entitled to sue our contracting partner at their statutory jurisdiction as well.

19. Severability Clause
Should any provision of these general terms and conditions be or become invalid, either in whole or in part, the remaining provisions shall remain unaffected, unless the removal of individual clauses would unreasonably disadvantage one party to the contract such that it could no longer be expected to adhere to the contract.

GENERAL TERMS AND CONDITIONS OF DIGISTORE24.COM

1. SCOPE
These General Terms and Conditions (hereinafter referred to as "GTC") apply to the free use of the online platform www.Digistore24.com (hereinafter referred to as "Online Platform") as well as for all contracts concluded through this platform between Digistore24 GmbH, St.-Godehard-Straße 32, 31139 Hildesheim, Germany (hereinafter referred to as "we" or "Digistore24") and you as our customer (hereinafter referred to as "customer" or "buyer").

Our offers are addressed to both entrepreneurs according to § 14 BGB (hereinafter referred to as "entrepreneurs") and consumers according to § 13 BGB (hereinafter referred to as "consumers") for all future business relationships, even if they are not explicitly agreed upon again.

A consumer as defined in § 13 BGB is any natural person who enters into a legal transaction for purposes which are predominantly outside their trade, business, or professional activity.

An entrepreneur as defined in § 14 BGB is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their trade, business, or professional activity.

2. SUBJECT OF PERFORMANCE
Digistore24 provides all the services described below exclusively on the basis of these General Terms and Conditions. Deviating terms and conditions of the buyer will not become part of the contract, even if Digistore24 does not explicitly object to their validity.

The buyer has the option to purchase different products through the Online Platform. These can be new or used goods, with this characteristic clearly marked on the respective product page. Digistore24 also offers subscription agreements, which may relate to the purchase of products or the provision of services. We sell products and services from merchants and service providers (hereinafter referred to as "contract partners") in our own name and for our own account, who have committed to directly delivering the product or service to the buyer if the customer makes a purchase through Digistore24. The delivery of the product or provision of the service is carried out by our contract partners (whose logo appears in the ordering process), who are our agents. This also applies to all types of services or memberships.

Our contract partners are entitled to provide supplementary product-specific terms of use on our behalf, which also become part of the contract.

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.