The following general terms and conditions regulate the use and claim for the
shop offer under the domain aero-career.com (hereinafter referred to as "shop").
Contractual partner and service provider (hereinafter referred to as "seller") is:
PUREPURPLE - FZCO
Building A2 IFZA Business Park
Silicon Oasis [please send letters by e-mail only]
[email protected]
The seller provides his services on the basis of the general terms and conditions in
the version valid at the time of the conclusion of the contract. All offers in the
shop can be changed without prior notice. Consumers in the sense of §13 BGB are
accepted as customers in the shop - ie any natural person who concludes a legal
transaction for a purpose that is neither part of their commercial nor their
independent professional activity.
§1 General / Description of the service
The customer can purchase digital audio recordings and any accompanying text
and image material as a file via the shop (hereinafter referred to as "products").
The products can be selected by the customer in the shop, added to the shopping
cart and then purchased. The products are only available by download. The
purchased products can be played on all common MP3-compatible devices; the
seller does not accept any liability for compatibility. The following general terms
and conditions apply to the entire business relationship with the customer. The
customer recognizes them for the present contract as binding for him. The
customer agrees to use electronic communication for contractual purposes, e.g.
B. in the form of e-mails to be received from us and the customer also agrees,that
electronic communication ensures that the form for all consents and notifications
is preserved, unless mandatory statutory provisions stipulate a different form. The
customer waives the right to assert his own terms and conditions of purchase.
These do not become part of the contract through our silence or our delivery. All
correspondence with us must be processed via the address given in the legal
notice on the homepage.All correspondence with us must be processed via the
address given in the legal notice on the homepage.All correspondence with us
must be handled via the address given in the legal notice on the homepage.
§ 2 Conclusion of the contract
The representations on our website are to be understood as an invitation to
submit offers by ordering, ie the order is an offer to us to buy the selected item (s)
from us. A purchase contract is only concluded through our express acceptance
of such an offer by the customer. Detailed information on the ordering process
can be found under the menu item Order. By clicking the button "Order with
obligation to pay" in the last step of the ordering process, the customer makes a
binding offer to purchase the products in the shopping cart for downloading
against payment. The seller confirms receipt of the order to the customer
exclusively by e-mail to the address entered in the order process or stored in the
customer account.The payment process can either be made by prepayment /
transfer or via external online payment service providers (PayPal or SOFORT
transfer). For the services of external payment service providers, the terms and
conditions of the respective provider apply, which can be called up on the
homepage of the respective provider. The prerequisite for a successful purchase is
the correct entry of the data requested by the customer. The customer completes
the payment by clicking on the "Pay now" button (or the same) on the payment
service provider's website after logging in or entering his personal data. After
successful payment, the customer is redirected to the shop, where the purchased
products can be downloaded from the customer account under "My account /
digital goods".In the case of payment in advance / bank transfer, the activation
takes place manually after receipt of payment. After successful payment, the
customer is immediately sent a confirmation by email to the email address
provided and the download is made available in the customer account. By
making the ordered products available for download, the seller accepts the
customer's offer and the purchase contract is concluded. The sales contract is
considered fulfilled by the seller as soon as the product has been successfully
downloaded for the first time.By making the ordered products available for
download, the seller accepts the customer's offer and the purchase contract is
concluded. The sales contract is considered fulfilled by the seller as soon as the
product has been successfully downloaded for the first time.By making the
ordered products available for download, the seller accepts the customer's offer
and the purchase contract is concluded. The sales contract is considered fulfilled
by the seller as soon as the product has been successfully downloaded for the first
time.
§ 3 Prices, Due Date and Payment, Default
Our prices are in euros (€ / EUR), the prices quoted in the shop are final prices, the
price includes VAT. The purchase price is due immediately. The payment options
PayPal, credit card, direct debit, SOFORT transfer and prepayment / transfer are
free of charge and free of charge. Purchase on account is not possible. If the buyer
is in default of payment, we are entitled to demand default interest of 5% above
the base rate announced by the European Central Bank per annum. If we have
suffered higher damage caused by delay, we are entitled to assert this. If the
buyer is in default with the payment of a delivery, we can withhold further
deliveries without being in default.An express assertion of our right of retention is
not required. For the timeliness of the payment, it is not the dispatch, but the date
of receipt of the payment by us or the crediting of the payment at the paying
agent specified by us that is decisive.
§ 4 shipping
The articles are only sold as a download, there are no shipping costs.
§ 5 revocation
The buyer is legally entitled to a right of withdrawal in accordance with Section
312g of the German Civil Code (BGB) if he is a consumer, since the purchase of
goods on the Internet is a so-called distance contract as is the case here. With
regard to the right of cancellation and its consequences, a separate cancellation
policy will be given and transmitted in text form when the order is placed.
Expiry of the right of cancellation In the case of contracts for digital content /
goods that are not delivered on a physical data carrier (such as downloads), the
right of cancellation expires as soon as the seller has started to execute the
contract, after the buyer has expressly agreed that the seller begins to execute the
contract before the expiry of the withdrawal period, and the buyer has confirmed
that he is aware that he will lose his right of withdrawal by giving his consent at
the beginning of the execution of the contract. The buyer agrees to start and
confirms that he has taken note of it at the end of the ordering process on the
summary page (check box, check mark) before sending the order to the seller.
§ 6 rights of use
With the purchase, the customer acquires the simple, non-transferable, spatially
and temporally unrestricted right to save, copy, listen to or view the purchased
products as often as required for exclusively personal and private use, noncommercial purposes. Purchased products may be copied to various local storage
devices, burned to data carriers and only played and used privately. Any further
use that goes beyond the rights granted is not permitted. Commercial use and
distribution of the products is not permitted. Saving and placing purchased
products in data networks is prohibited. The products are copyrighted
material.When using the purchased products, the customer must comply with
the statutory provisions and the provisions of the German Copyright Act (UrhG) in
its respective version. All rights of the authors to the protected works contained
on the website are reserved. The download link and the products stored in the
customer account on the "My Account" -> "Digital Goods" page may only be used
by the customer himself and may not be passed on to third parties. The seller
reserves the right to add digital watermarks to the products on offer. Digital
watermarks consist of imperceptible information, e.g. B. can be inserted into
audio data.All rights of the authors to the protected works contained on the
website are reserved. The download link and the products stored in the customer
account on the "My Account" -> "Digital Goods" page may only be used by the
customer himself and may not be passed on to third parties. The seller reserves
the right to add digital watermarks to the products on offer. Digital watermarks
consist of imperceptible information, e.g. B. can be inserted into audio data.All
rights of the authors to the protected works contained on the website are
reserved. The download link and the products stored in the customer account on
the "My Account" -> "Digital Goods" page may only be used by the customer
himself and may not be passed on to third parties. The seller reserves the right to
add digital watermarks to the products on offer. Digital watermarks consist of
imperceptible information, e.g. B. can be inserted into audio data.The seller
reserves the right to add digital watermarks to the products on offer. Digital
watermarks consist of imperceptible information, e.g. B. can be inserted into
audio data.The seller reserves the right to add digital watermarks to the products
on offer. Digital watermarks consist of imperceptible information, e.g. B. can be
inserted into audio data.
§ 7 retention of title
Delivered products remain our property until they have been paid for in full.
Insurance and compensation claims that the buyer acquires due to loss or
damage to the products are hereby assigned to us. If the buyer is in default, he
has to grant us access to the products in his possession at our request, to send us
a detailed list of the products, to return the products to us and to delete and
destroy them.
§ 8 liability
Insofar as the customer makes use of the shop's services using access data, the
customer is responsible for keeping them safe and safe from third-party access
and is liable for any action taken with their access data (including payments). If
the customer suspects that unauthorized third parties have gained knowledge of
this, the personal password must be changed immediately and the seller
informed. The customer undertakes not to use a collective email address used by
multiple users. The customer is liable to third parties himself and directly in the
event of violations of third party rights for which he is responsible. In the case of
justified third party claims, the customer is obliged to indemnify the seller, unless
he can prove that he is not responsible for the breach of duty that caused the
damage.In the event of willful intent or gross negligence, the seller is fully liable
for all damage resulting therefrom. If the attributable breach of duty on the part
of the seller can be traced back to simple negligence and an essential contractual
obligation has been culpably breached, the seller's liability is limited to typical,
comparable damage that occurs in comparable cases. For loss of data for which
the shop is responsible or consequential damage caused by a defect, the seller is
only liable for damage that can be traced back to data lost up to the last data
backup by the customer or up to the previous point in time at which the data
backup should have been performed. Liability for all damage, in particular loss of
data and hardware malfunctions at the customer's,which are caused by
incompatibility of the hardware and software used by the customer with the shop
system of the seller and for system malfunctions caused by previously existing
configuration deficiencies or old, unusable, not completely removed drivers, data
or data fragments are excluded.
§ 9 blocking
The seller reserves the right to block the customer account in the event of misuse,
breach of contractual obligations and obligations as well as default in payment
and not to allow new registrations.
§ 10 Right of Withdrawal
We can withdraw from the contract if it turns out after the conclusion of the
contract that we have stated prices that are below our actual purchase prices and
that we are not responsible for this fact because incorrect information has led to
this. We can also withdraw from the contract if it turns out after the conclusion of
the contract that we have specified prices for which we are not responsible
because software errors have led to this. Our rights of avoidance due to errors
remain unaffected by the rights of withdrawal described above. In the event of
the aforementioned circumstances, the customer will be informed immediately
and the purchase price paid will be reimbursed immediately.
§ 11 Liability for Defects
With regard to defects in the purchased item, the buyer is entitled to the statutory
claims from the German Civil Code. If there is a defect in the purchased item, the
customer can initially request supplementary performance = delivery of a defectfree purchased item. The defective purchase item delivered first must be
documented by the buyer and reported to the seller in writing (e.g. by email). If
the supplementary performance fails, the customer can either reduce the
purchase price according to the defect or withdraw from the contract entirely. If
the delivered product has obvious material defects, the buyer must report these
defects to us at the latest within fourteen days after receipt of the product,
specifying the defects and referring to the order number.The relevant point in
time for compliance with this notification period is not receipt by us, but the
postmark or the date on which the notification of defects was sent. A deficiency is
always evident when it is noticed without special attention. The belated
notification of such obvious defects leads to the loss of warranty rights with
regard to such defects. For defects that are not obvious, however, the statutory
limitation periods apply. If the buyer is a merchant i. S. d. HGB, the special
obligation to notify in commercial transactions according to §§ 377, 378 HGB
remains unaffected.The belated notification of such obvious defects leads to the
loss of warranty rights with regard to such defects. For defects that are not
obvious, however, the statutory limitation periods apply. If the buyer is a merchant
i. S. d. HGB, the special obligation to notify in commercial transactions according
to §§ 377, 378 HGB remains unaffected.The belated notification of such obvious
defects leads to the loss of warranty rights with regard to such defects. For defects
that are not obvious, however, the statutory limitation periods apply. If the buyer is
a merchant i. S. d. HGB, the special obligation to notify in commercial transactions
according to §§ 377, 378 HGB remains unaffected.
§ 12 Retention and Offsetting
The buyer can only assert a right of retention if it is based on the same contractual
relationship. He is only entitled to offset if we do not dispute the counterclaim or if
it has been legally established. If the buyer is a merchant i. S. d. HGB, his rights of
retention are excluded.
§ 13 Foreign Business
All agreements with us are subject to German law. The provisions of the United
Nations Convention on International Sales Contracts do not apply.
§ 14 Effectiveness
The ineffectiveness of one or more clauses of these general terms and conditions
does not affect the effectiveness of the rest of the contract. The statutory
regulations take the place of the ineffective regulation.
§ 15 Place of fulfillment, place of jurisdiction
The place of performance for all rights and obligations arising from the business
relationship is determined by the statutory provisions. If the customer is a
merchant i. S. d. HGB, the exclusive jurisdiction of the court at our headquarters is
agreed for all disputes arising from the contract. Our right to assert our claims at
another place of jurisdiction remains unaffected in relation to merchants. We can
also assert our claims against a customer who is not a merchant before the court
at our headquarters,if he does not have a general place of jurisdiction in the
Federal Republic of Germany or if he relocates his place of residence or usual
place of residence from this area after conclusion of the contract or if his place of
residence or usual place of residence is not known at the time of the judicial
assertion of the claim.
§ 16 data protection
Information on the type and scope, place and purpose of the collection,
processing and use of the personal data required by us for the execution of orders
can be found in the data protection declaration.
§17 Information on online dispute resolution (according to Art. 14 Para. 1 ODR-VO)
The platform for online dispute resolution by the European Commission can be
reached at: https://ec.europa.eu/consumers/odr
(https://translate.google.com/website?
sl=de&tl=en&ajax=1&u=https://ec.europa.eu/consumers/odr). We are neither willing
nor obliged to participate in an arbitration procedure before a consumer
arbitration board.
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