General Terms and Conditions with Customer Information Table of Contents
- Scope
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Granting of rights of use
- Term and termination of subscription contracts
- Liability for defects
- Applicable law
- Alternative dispute resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter “GTC”) of Kalleitner Vertriebs GmbH (hereinafter “Entrepreneur”), apply to all contracts for the provision of data created and provided in digital form (digital content), which a consumer or entrepreneur (hereinafter “Customer”) concludes with the Entrepreneur with regard to the digital content described by the Entrepreneur in its online store. The inclusion of the customer’s own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.3 An entrepreneur within the meaning of these GTC 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.
1.4 The subject matter of the Agreement may be – depending on the Contractor’s DeepL description – both the one-time provision of digital content and the regular provision of digital content (hereinafter “Subscription Agreement”). In the case of a subscription contract, the entrepreneur undertakes to provide the customer with the contractually owed digital content for the duration of the agreed contract term at the contractually agreed time intervals.
2) Conclusion of contract
2.1 The contents described in the online store of the Entrepreneur do not represent binding offers on the part of the Entrepreneur, but serve for the submission of a binding offer by the Customer.
2.2 The Customer may submit the Offer via the online order form integrated into the Entrepreneur’s online store. After placing the selected content in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the content contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Entrepreneur may accept the Customer’s offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer shall be decisive, or
- by providing the customer with the ordered content, or
- by requesting payment from the customer after the customer’s order has been placed.
If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Entrepreneur does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
2.4 When submitting an offer via the Entrepreneur’s online order form, the text of the contract shall be stored by the Entrepreneur after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer’s order has been sent. The entrepreneur shall not make the text of the contract accessible beyond this.
2.5 Before bindingly placing the order via the Entrepreneur’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.6 Only the German language is available for the conclusion of the contract.
2.7 Order processing and contacting usually take place via e-mail and automated order processing. The customer has to ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the entrepreneur can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Entrepreneur or by third parties commissioned by the Entrepreneur to process the order can be delivered.
3) Right of withdrawal
Consumers are generally entitled to a right of withdrawal. More detailed information on the right of revocation can be found in the entrepreneur’s revocation instructions.
4) Prices and terms of payment
4.1 The prices quoted by the Entrepreneur are total prices and include the statutory value added tax.
4.2 The payment options are indicated in the online store of the Entrepreneur.
4.3 If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. The payment is processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: “Stripe”). Stripe reserves the right to perform a credit check and to reject this payment method in case of a negative credit check.
5) Granting of rights of use
5.1 Unless otherwise stated in the description of DeepL in the online store of the Entrepreneur, the Entrepreneur grants the Customer the non-exclusive right, unlimited in time and place, to use the contents for private and commercial purposes.
5.2 A transfer of the contents to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted, unless the Entrepreneur has agreed to a transfer of the contractual license to the third party.
5.3 Insofar as the contract relates to the one-time provision of digital content, the granting of rights shall only become effective once the Customer has paid the contractually owed remuneration in full. The Contractor may provisionally permit the use of the contractual content even before this point in time. A transfer of rights does not take place as a result of such provisional permission.
6) Term and termination of subscription contracts
6.1 The right to extraordinary termination for good cause shall remain unaffected. Good cause shall be deemed to exist if the terminating party, taking into account all circumstances of the individual case and weighing the interests of both parties, cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.
6.2 Cancellations shall be made in writing or in text form (e.g. by e-mail).
7) Liability for defects
The statutory liability for defects shall apply.
8) Applicable law
8.1 All legal relations between the parties shall be governed by the laws of the Republic of Austria to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
8.2 If the Licensee acts as 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 Agreement shall be the Licensor’s place of business. If the Licensee has its registered office outside the territory of the Federal Republic of Germany, the Licensor’s registered office shall be the exclusive place of jurisdiction for all disputes arising from this Agreement if the Agreement or claims arising from the Agreement can be attributed to the Licensee’s professional or commercial activity. In the above cases, however, the Licensor shall in any case be entitled to bring the matter before the court at the Licensee’s place of business.
9) Alternative dispute resolution
9.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
9.2 The Entrepreneur is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
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