By purchasing a digital product from this website you confirm that you have read, understood and agreed to the terms and conditions described below.
(1) These General Terms and Conditions (hereinafter: GTC) apply to all of Seller’s online store contracts between:Code-Artists Software
and the Customer/Consumer
These GTC apply regardless of whether the Purchaser is a consumer, business entity or merchant.
(2) All agreements between the Purchaser and the Seller in connection with the contract result in particular from these terms and conditions, Seller’s order confirmation in writing and Seller’s acceptance of the purchase. By purchasing a digital product, the Purchaser is entitled to the use for residential and commercial purposes (i.e. the Purchaser’s or Purchaser’s clients’ projects) as often as the Purchaser or the Purchaser’s clients may require. The included support is strictly limited to products that have been purchased on this website and to the person (Purchaser) that purchased the product or products.
(3) Decisive is the valid version of the GTC at the date of contractual agreement. The Seller is entitled to change the content of these General Terms and Conditions, with the consent of the Purchaser, if the change, with regard of Seller’s interest, is acceptable for the Purchaser. The authorization to the contractual amendments shall be deemed granted if the Purchaser does not object of the change in writing within four (4) weeks of receipt of the notified change. The Seller pledges to provide the Purchaser with the amendment notice and to point out the consequences resulting of the Purchaser’s non-objection to this alteration.
The Seller is entitled to transfer rights and obligations under this Agreement to any third party or parties (transfer of contract). In the event of the transfer of contract the Purchaser shall have the right to terminate the contract for serious reasons without previous notice.
(4) The Seller does not accept different conditions of the Purchaser. This statement is valid even if the Seller does not explicitly contradict its inclusion.
(1) The presentation and promotion of products in the Seller’s online shop does not represent a binding offer to conclude a purchase agreement.
(2) Placing an order via the online store by clicking the “Buy Now” button the Purchaser is placing a legally binding order. The Purchaser is bound to the order for a period of two (2) weeks after the order is placed; the Purchaser’s existing right under § 3 to cancel his order remains unaffected.
(3) The Seller will confirm receipt of the Purchaser’s online order, placed via the Seller’s online store, immediately by e-mail. Receipt such an e-mail is not a binding acceptance of the order, unless, in addition to the confirmation of receipt of the order, the acceptance of the order is included at the same time.
(4) A contract is only binding when the Seller accepts the Purchaser’s order by sending a letter of acceptance or by delivery of the goods ordered.
(5) If delivery of the ordered goods is not possible, the Seller refrains from a declaration of acceptance. In this case a contract does not materialize. The Seller will inform the Purchaser without delay and refund immediately payments already effected.
(1) If the Purchaser is a consumer (i.e. a natural person placing the order for a purpose which can neither be attributed to the Purchaser’s commercial nor independent professional activity), the Purchaser is granted the right of withdrawal as laid down by law.
(2) If the consumer applies his Right of Withdrawal as outlined under paragraph (1), he shall have to bear the regular costs of the return of the delivered and ordered goods subject to the condition that the delivered and ordered goods are the same and the price of the goods does not exceed a value of € 40.00 or at a higher price at the time of revocation no payment or contractually agreed partial payment was made.
(3) In addition to the Purchaser’s Right of Withdrawal rules apply, which are set out in detail by the following Conditions
The Purchaser can withdraw from or cancel his contract within 14 days without giving reasons in writing (e.g. by letter, fax or email) or – if the goods have already been delivered before the deadline – by returning the goods. The period of withdrawal begins upon receipt of this notification in writing, but not before receipt of the goods by the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not prior to fulfill the Seller’s duty to inform the Purchaser under Article 246 § 2 in connection with § 1, paragraph (1) and (2) EGBGB (Introductory Act to the German Civil Code) and the Seller’s obligations according to § 312g paragraph (1) clause 1 BGB in conjunction with Article 246 § 3 EBGB. In order to apply the revocation period it is sufficient to send the revocation or the goods within the withdrawal period. The revocation must be sent to:
Am Scheeßberg 14
D – 53343 Wachtberg/ GERMANY
In case of an effective withdrawal, the mutually received
deliverables and any benefits (e.g. interest) have to be refunded.
If the Purchaser cannot reimburse received benefits or can only
partially refund goods in a deteriorated condition, the Purchaser
will be obliged to pay compensation. Purchaser has to pay
compensation for obtaining “enhanced” benefits as a
result of using the goods which exceeds the usual trial of
properties and functionality of the goods. By “testing the
properties and functioning” refers to the testing and
evaluation of the respective goods, as it is common practice in any
retail shop. Transportable items are to be returned at Seller’s
risk. The Purchaser has to bear the cost of return if the delivered
and ordered goods are the same and if the price for returned goods
does not exceed a value of € 40.00, or at a higher price at the
time of revocation no payment or contractually agreed partial
payment was made. Otherwise the return of goods is free of charge
for the Purchaser. Goods which cannot be returned by parcel will be
collected by the Seller. Obligations to reimburse payments must be
fulfilled within 30 days. The period begins for the Purchaser either
when he sends his cancellation or the Seller receiving the returned
- End of Admonition to Right of Withdrawal -
(4) The Right of Withdrawal does not apply to online contracts
(a) for the supply of goods that are produced according to Purchaser’s specifications or are clearly tailored to personal needs or which by their nature are not suitable for return or spoil quickly or whose expiration date has passed,
(b) for the supply of audio or video recordings or software in case the seal of the delivered data carriers has been broken.
(5) The Right of Withdrawal does not therefore apply to online
contracts for the delivery of digital goods that are not
A revocation is only possible as long as the contract is not completely fulfilled by both sides. The contract is fulfilled, once the Purchaser has made the payment, and the e-mail with the product download was received. From this point in time no withdrawal is possible. A refund of the purchase price by exercising the right of withdrawal is no longer possible.
(1) The Seller is liable for material defects or defects of title in goods supplied to the applicable statutory provisions, particularly according to §§ 434 et seqq. BGB (German Civil Code). The statute of limitations for statutory warranty claims is two years and begins with the delivery of the goods.
(2) Any guarantees for certain items granted by the Seller or by the manufacturers of certain goods, which have been granted manufacturers’ warranties, are in addition to the claims for material defects or defects of title according to paragraph (1). Details of the extent of such warranties are arising from the warranty enclosed with Purchaser’s goods, when provided.
(3) Once tdigital files have been modified, or third-party plugins are used, the Seller can no longer guarantee for the proper function, nor is he responsible for possible problems and errors. The Seller does not give free support for adaptation and customization.
(1) The liability of the seller in connection with any product purchased through the shop website is strictly limited to the purchase price of the relevant product and the replacement cost of the relevant product;
(2) The seller will not under any circumstances be liable for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data or waste of management or office time, or loss of goodwill or reputational damage; and
(3) will not be liable for any losses arising out of a force majeure event.
(1) The law of the Federal Republic of Germany is applicable, excluding the CISG (UN Convention of Contracts for the International Sale of Goods). If the Purchaser has submitted the order as a consumer, and at the time of his order usually resides in another country, the application of mandatory rules of this country remains unaffected by the provisions of the choice of law as contained in clause 1.
(2) If the Purchaser is a businessman located in Germany at the time of the order, the exclusive jurisdiction of the location of the Seller, Bruchkoebel Local Court Hanau, is applicable. Otherwise, the local and the international jurisdiction will apply the law applicable.