General Terms and Conditions
§ 1 Validity, definitions of terms
(1) Nikola Sarić, Ihmepassage 2, 30049 Hannover, Germany (hereinafter: “we” or “Nikola Sarić”) operates an online shop for goods, digital goods and services at the website https://www.nikolasaric.de. The following general terms and conditions apply to all services between us and our customers (hereinafter: “customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.
(2) “Consumer” within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his independent professional activity. ‘Entrepreneur’ means 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, where a partnership with legal capacity is a partnership endowed with the ability to acquire rights and enter into liabilities.
§ 2 Conclusion of the contracts, storage of the contract text
(1) The following regulations on the conclusion of the contract apply to orders via our online shop at https://www.nikolasaric.de.
(2) Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.
(3) Upon receipt of an order in our online shop, the following regulations apply: The customer submits a binding contract offer by successfully completing the order procedure provided for in our online shop. The order is made in the following steps:
- Selection of the desired goods, the digital goods, the selected service(s),
- Adding the products by clicking on the corresponding button (f.e. “Add to cart”, “To shopping bag” or similar),
- Checking the information in the shopping cart,
- Calling up the order overview by clicking on the corresponding button (e.g. “Continue to checkout”, “Continue to payment”, “To order overview” or similar),
- Entering/checking the address and contact data, selecting the payment method, confirming the terms and conditions and the cancellation policy,
- If the agreed quality of the goods deviates from their usual quality and conditions of use, confirmation of a negative quality agreement,
- Completion of the order by pressing the “Buy Now” button. This constitutes your binding order.
- The contract is concluded when you receive an order confirmation from us within three working days to the specified e-mail address.
(4) In the event of the conclusion of the contract, the contract is concluded with Nikola Sarić, Ihmepassage 2, 30449 Hannover, Germany.
(5) Before ordering, the contract data can be printed out or electronically saved via the print function of the browser. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the GTC and the cancellation policy, takes place by e-mail after the order has been released by you, partly automated. We do not store the text of the contract after conclusion of the contract.
(6) Input errors can be corrected by means of the usual keyboard, mouse and browser functions (e.g. the “back button” of the browser). They can also be corrected by canceling the order process prematurely, closing the browser window and repeating the process.
(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of the e-mails is technically ensured and, in particular, that spam filters do not prevent it.
§ 3 Subject matter of the contract and essential characteristics of the products
(1) In our online shop, the subject matter of the contract is:
- The sale of goods. The specifically offered goods can be found on our article pages.
- Der Verkauf von digitalen Gütern, z.B. Software oder Mediendownloads. The specific digital goods offered can be found on our article pages.
- The provision of services. The specific services offered can be found on our article pages.
(2) If a contract for goods with digital elements or for digital products (digital content and services) is concluded with a consumer and the legal obligation to update is not effectively excluded contractually, the function-preserving updates and necessary security updates are also the subject matter of the contract.
(3) The essential characteristics of the goods, digital goods and services can be found in the article description. If the agreed quality of the goods deviates from their usual quality and conditions of use, this will be expressly pointed out in the article description (negative quality agreement). Insofar as the customer has given his express consent to the negative deviation from the quality, this defines the subject matter of the contract.
(4) For the sale of digital products, the restrictions apparent from the product description or otherwise resulting from the circumstances apply, in particular to hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject matter of the contract is only the private and commercial use of the products without the right to resale or sublicense.
(5) The works remain the intellectual property of the creator within the meaning of copyright.
§ 4 Prices, shipping costs and delivery
(1) The prices stated in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
(2) The respective purchase price is to be paid before the delivery of the product (advance payment), unless we expressly offer the purchase on account. The payment methods available to you are indicated under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due for payment immediately.
(3) In addition to the stated prices, shipping costs may be incurred for the delivery of products, provided that the respective article is not shown as free shipping. The shipping costs will be clearly communicated to you again on the offers, if necessary in the shopping cart system and on the order overview.
(4) Unless clearly stated otherwise in the product description, all products offered are ready for dispatch immediately (domestic delivery time: approx. 3-4 working days after receipt of payment).
(5) Delivery takes place worldwide.
§ 5 Updates, obligations of the consumer to cooperate
(1) If a contract for goods with digital elements or for digital products (digital content and services) is concluded with a consumer and the statutory obligation to update is not contractually effectively excluded, the customer will be provided with regular updates that ensure functionality and (IT) security of the purchased item (e.g. security updates against new security threats, etc.).
(2) We are authorized to use a third party (e.g. the manufacturer or its supplier) to provide the updates.
(3) The period in which updates are provided depends on the type of item purchased and is explained in the item description.
(4) Consumers will be informed (by e-mail) about the provision of updates and about the proper installation of these.
(5) The customer is obliged to install provided updates properly according to the installation instructions.
§ 6 Right of retention, retention of title
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
(2) The goods remain our property until full payment of the purchase price.
§ 7 Right of Withdrawal
As a consumer, you have a right of withdrawal. This is based on our cancellation policy.
§ 8 Liability
(1) Subject to the following exceptions, our liability for contractual breaches of duty as well as for tort is limited to intent or gross negligence.
(2) We shall be liable without limitation in the event of slight negligence in the event of injury to life, limb, health or breach of an essential contractual obligation. If we are in default with the performance due to slight negligence, if the performance has become impossible or if we have violated an essential contractual obligation, the liability for property and financial damage resulting from this is limited to the contractually foreseeable damage. An essential contractual obligation is one whose fulfilment makes the proper execution of the contract possible in the first place, the violation of which endangers the achievement of the purpose of the contract and on the observance of which you may regularly rely. This includes, in particular, our obligation to act and to fulfil the contractually owed service, which is described in § 3.
(3) If the customer, when purchasing a good with digital elements or when purchasing digital products (digital content and services), fails to install within a reasonable time an update that has been provided to him and of the availability of which he has been informed, we shall not be liable for a material defect that is solely due to the lack of this update.
§ 9 Contract language
Only German is available as the contract language. Translations are only offered as a customer service and are non-binding.
§ 10 Warranty
(1) The warranty is based on the statutory provisions.
(2) With regard to entrepreneurs, the warranty period for delivered goods is 12 months.
(3) As a consumer, you are requested to check the item/digital goods or the service provided immediately upon fulfilment of the contract for completeness, obvious defects and transport damage and to inform us and the freight forwarder of any complaints as soon as possible. If you do not comply with this, this will of course have no effect on your statutory warranty claims.
§ 11 Final Provisions/Dispute Resolution
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as this does not deprive the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence (principle of favourability).
(2) The provisions of the UN Sales Law expressly do not apply.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
(4) Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr findest. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.