(1) These Terms and Conditions apply to all contracts and other services between Structurae c/o Nicolas Janberg, Dresdener Str. 110, 10179 Berlin, Germany (hereinafter: “Seller”) and Customers regarding the sale of digital content via the online store integrated in the Structurae website, accessible at https://structurae.net. The Seller shall not be liable for any damages resulting from the use of the online store. Deviating regulations of the Customers do not apply, unless the Seller has confirmed this explicitly and in writing.
(2) The business relations between the Seller and the Customers shall be governed by the laws of the Federal Republic of Germany and relevant provisions of the laws of the European Union. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence. The validity of the UN Convention on Contracts for the International Sale of Goods is excluded.
(3) The place of jurisdiction is Berlin, Germany, insofar as the Customer is a merchant, a legal entity under public law or a special fund under public law. The same shall apply if a Customer does not have a general place of jurisdiction in Germany or if the Customer’s place of residence or habitual abode are not known at the time the action is brought.
(4) Agreements made with the Customer in individual cases (including collateral agreements, supplements and amendments) shall in any case take precedence over these General Conditions.
(5) The language of the contract shall be German. If copies of the contract or parts thereof are additionally drawn up in another language, the German-language version shall apply in the event of ambiguities or discrepancies. The language of negotiation shall be German, English, or French.
(6) In the online store, the Customer can call up and print out the order overview and the General Conditions and Conditions. Otherwise, the text of the contract is not stored by the Seller after the conclusion of the contract in the online store and is therefore not accessible.
(7) Customers who are consumers have the option to use an alternative dispute resolution. The following link of the EU Commission (also called OS platform) contains information about online dispute resolution and serves as a central contact point for the out-of-court settlement of disputes arising from online purchase contracts: http://ec.europa.eu/consumers/odr.
(8) Duty to inform according to the German Consumer Dispute Settlement Act (§36 VSBG): The Seller is neither willing nor obliged to participate in further dispute settlement proceedings before a consumer arbitration board.
2. Contents of the Contract and Conclusion of the Contract
(1) The Seller offers for sale to the Customers in its online store professional literature, photographs and other images, as well as data sets (not on a physical data carrier, hereinafter “digital content”).
(2) When purchasing in the online store, a purchase contract is concluded through the acceptance of the Customer’s order by the Seller. Price markings in the online store do not constitute an offer in the legal sense. Before bindingly submitting his order by clicking the button “order subject to payment”, the Customer can continuously correct all entries via the usual touch screen, keyboard and mouse functions. Before submitting his order, the Customer can specify whether the Seller should begin executing a contract for digital content before the cancellation period expires. In addition, all entries before binding submission of the order and selection of the payment method are displayed again in a confirmation window and can also be corrected there using the usual touch screen, keyboard and mouse functions. The receipt and acceptance of the order will be confirmed to the Customer by e-mail.
(3) With the notification of the conclusion of the contract, the Customer receives the text of the contract and these General Terms and Conditions, as well as the cancellation policy.
(1) To purchase digital content, however, the Customer must register free of charge and open a Customer account. When registering, the Customer provides his first and last name, e-mail address and a password. The e-mail address serves as username with which the Customer can log in. The specified e-mail address is used for communication between the Seller and the Customer. After completing the registration process, the Customer receives an activation link by e-mail. The Customer must click on this link to successfully open the account and confirm his details (double opt-in). A registration that a user does not confirm within one week by clicking on the activation link can be deleted by the Seller.
(2) The data requested by the Seller during registration must be provided completely and correctly. Customers must keep their access data secret. If the data changes subsequently, the Customers are obliged to correct the information themselves immediately.
4. Prices, Value Added Taxes and Payment
(1) All prices include the statutory value added taxes.
(2) The provision of the digital content shall generally be made after advance payment by the Customer. Unless otherwise agreed individually, payment of the purchase price shall be made immediately after order confirmation by PayPal or credit card, and within Germany also by SEPA direct debit. The payment processing also takes place for credit card payments and direct debits via PayPal.
(3) Payment is due upon conclusion of the contract.
(4) If a Customer defaults on its payment obligations, the Seller may claim damages in accordance with the statutory provisions.
(5) The Seller shall always issue an invoice to the Customer, which shall be sent to the Customer in text form.
5. Provision of Digital Content
(1) Digital content will be made available to the Customer after receipt of payment. For this purpose, the Customer will be sent a link by e-mail under which the Customer can view and/or download the digital content purchased by him. The Customer must log in to his account beforehand to be able to view and download the purchased digital content. The Seller points out that a connection to the Internet must be established for each retrieval of the digital content.
(2) The Digital Content is permanently available in the Customer’s account if Structurae is the author or rights holder. Content whose rights are held by third parties is available in the Customer’s account for at least 30 days or for the entire period in which Structurae is responsible for the distribution of this content. If the availability of the content changes, Customers will be informed by e-mail at least 30 days before the end of the availability.
(3) The Seller may restrict access to its own services if the security of network operation, the maintenance of network integrity, in particular the avoidance of serious disruptions of the network, the software or stored data so require. In the event of failure of services due to a malfunction outside the Seller’s sphere of responsibility, the reduction shall be excluded. The same applies to the failure of services due to necessary operational interruptions (maintenance work).
6. Special Provisions for Subscriptions
For subscriptions, the General Conditions for Subscriptions to Structurae shall additionally apply.
7. Liability for Defects of Quality and Title
The Seller is liable for material defects and defects of title in accordance with the statutory provisions. Defects shall be notified by the Customer to the Seller within a warranty period of two years. In all other respects, the Seller shall be liable for material defects and defects of title in accordance with the statutory provisions.
(1) The Seller shall be liable without limitation for damages and impairments caused by computer viruses and outside the liability for material defects and defects of title, insofar as the cause of damage is based on intent or gross negligence. He shall also be liable for the slightly negligent breach of essential obligations (obligations whose breach endangers the achievement of the purpose of the contract) as well as for the breach of cardinal obligations (obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the Customer regularly relies), but in each case only for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than the aforementioned.
(2) The limitations of liability of the preceding paragraph shall not apply in case of injury to life, body, and health, for a defect after assumption of a guarantee for the quality of the product and in case of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
(3) If the liability of the Seller is excluded or limited, this shall also apply to the personal liability of its employees, representatives, and vicarious agents.
(1) The Seller reserves the industrial property rights and copyrights to all digital content, logos, images and other documents. The copyright notices, digital signatures, trademarks, and other legal reservations contained in digital content may not be edited or removed. Digital content may not be further processed, changed in terms of content or editing, sold, passed on, published, made available as a download, edited or transferred in any other way by the Customer.
(2) The Customer does not acquire ownership of digital content. The Customer only receives the simple, temporally unrestricted, personal and nontransferable right to use the digital content for personal use. The Customer is entitled to use the digital content for personal purposes and for this purpose, for example, to print it out or copy or store it on up to five devices. The partial or complete transfer of the digital content, a copy, or a printout to third parties is prohibited. The Customer is strictly prohibited from publicly reproducing, placing the digital product on the Internet or in a company network, lending, reselling and any other type of use for commercial purposes. Passing on the access data to the account or the link with the digital content provided is also prohibited.
10. Data Protection
11. Severability Clause
If any provision of these General Conditions is invalid, the remaining provisions shall remain unaffected. The invalid provision shall be deemed to be replaced by a provision that comes as close as possible in economic terms to the meaning and purpose of the invalid provision in a legally effective manner. The same shall apply to any loopholes.
Currently valid version dated 25 October 2022