General terms and conditions with customer information

Table of contents

1. Scope
2. Conclusion of the contract
3. Right of withdrawal
4. Prices and terms of payment
5. Delivery and shipping conditions
6. Granting usage rights for digital content
7. Granting usage rights for license keys
8. Contract duration and termination of the contract for subscription contracts
9. Retention of title
10. Liability for defects (warranty)
11. Liability
12. Removal of action vouchers
13. Removal of gift vouchers
14. Applicable law
15. Place of jurisdiction
16. Alternative dispute resolution

1) scope

1.1These general terms and conditions (hereinafter "AGB") of Moleqlar GmbH (hereinafter "seller") apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "customer") concludes with the seller with regard to the goods shown by the seller in his online shop. This contradicts the inclusion of the customer's own conditions, unless something else has been agreed.

1.2These terms and conditions apply accordingly for contracts for the delivery of vouchers, provided that there is not somewhat deviating.

1.3These terms and conditions apply accordingly for contracts for providing digital content, provided that there is not somewhat deviating. Digital content within the meaning of these terms and conditions is data that are created and provided in digital form.

1.4These terms and conditions apply accordingly to contracts for the provision of license keys, provided that there is no deviation. The seller owes the provision of a license key to use the digital content or digital services described by him (hereinafter "digital products") and the granting of the contractually agreed rights to use the respective digital products. The customer does not acquire intellectual ownership of the digital product. The respective product description of the seller is decisive for the nature of the digital product.

1.5Consumers within the meaning of this terms and conditions is every natural person who concludes a legal transaction for purposes that can mostly be attributed to their commercial nor their independent professional activity.

1.6Entrepreneurs within the meaning of these terms and conditions are a natural or legal person or a legal partnership that acts in the exercise of their commercial or independent professional activity when the legal transaction is concluded.

1.7Depending on the product description of the seller, the subject of the contract can be both the purchase of goods by means of a mallel delivery and the purchase of goods by means of a permanent delivery (hereinafter "subscription contract"). In the subscription contract, the seller undertakes to deliver the contractually owed goods to the customer for the duration of the agreed contract term in the contractually owed time intervals.

1.8Depending on the content description of the seller, the subject of the contract can be both the one -time provision of digital content as well as the regular provision of digital content (hereinafter referred to as "subscription contract"). In the case of a subscription contract, the seller undertakes to provide the customer the contractually owed digital content for the duration of the agreed contract term in the contractually agreed time intervals.

2) Contract conclusion

2.1The product descriptions contained in the online shop of the seller do not represent a binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2The customer can submit the offer via the online order form integrated in the seller's online shop. After putting the selected goods in the virtual shopping cart and undergoing the electronic ordering process, the customer gives a legally binding contract offer in relation to the goods contained in the shopping cart.

2.3The seller can 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 email), whereby the receipt of the order confirmation is decisive in the customer, or
• by providing the customer to the customer, with the access of the goods to the customer, or
• by asking the customer to pay after submitting them.

If there are several of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The deadline for accepting the offer begins to run on the day after the customer is sent and ends with the end of the fifth day, which follows the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this applies as a rejection of the offer with the result that the customer is no longer tied to his declaration of intent.

2.4When selecting a payment method offered by PayPal, the payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et cie, s.c.a., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under the validity of the PayPal terms of use https://www.paypal.com/de/WebApps/mpp/UA/Useragreem full Or-if the customer does not have a PayPal account-with the validity of the conditions for payments without a PayPal account, https://www.paypal.com/de/WebApps/mpp/UA/Privacywax-Full. If the customer pays by means of a payment method offered by PayPal in the online order process, the seller already explains the acceptance of the customer's offer at the time when the customer clicks on the button that completes the ordering process.

2.5When submitting an offer via the seller's online order form, the contract text is saved by the seller after the conclusion of the contract and sent the customer in text form (e.g. email, fax or letter) after sending his order. The seller's access to the contract is not accessible. If the customer has set up a user account in the seller's online shop before sending his order, the order data on the seller's website is archived and can be called up free of charge by the customer via his password-protected user account, stating the corresponding login data.

2.6Before placing the order using the seller's online order form, the customer can recognize possible input errors by carefully reading the information shown on the screen. An effective technical means of better detection of input errors can be the enlargement function of the browser, with the help of which the display is enlarged on the screen. The customer can correct its entries as part of the electronic ordering process via the usual keyboard and mouse functions until he clicks on the button, which completes the ordering process.

2.7Different languages ​​are available for the conclusion of the contract. The specific language selection is displayed in the online shop.

2.8Order processing and contacting usually take place by email and automated order processing. The customer must ensure that the e-mail address provided for order processing is correct so that the emails sent by the seller can be received at this address. In particular, when using spam filters, the customer must ensure that all third parties sent by the seller or the third party sent with the order processing can be sent.

3) Right of withdrawal

3.1Consumers are generally entitled to a right of withdrawal.

3.2More information on the right of cancellation arises from the cancellation policy of the seller.

3.3The right of withdrawal does not apply to consumers who are not a member state of the European Union at the time of the conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of the contract.

4) Prices and terms of payment

4.1Unless otherwise arisen from the seller's product description, the prices given are total prices that contain the statutory sales tax. If necessary, additional delivery and shipping costs are specified separately in the respective product description.

4.2In the case of deliveries to countries outside the European Union, there may be additional costs that the seller is not responsible and which are to be borne by the customer. This includes, for example, costs for the transmission of money by credit institutions (e.g. transfer fees, exchange rate fees) or import tax taxes or taxes (e.g. tariffs). Such costs can also be incurred in terms of transmission of money if the delivery does not take place to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

4.3The payment options are/will be communicated to the customer in the seller's online shop.

4.4If the prepayment has been agreed by bank transfer, the payment is due immediately after the contract has been concluded if the parties have not agreed on a laterity date.

4.5When selecting a payment method offered by the "Shopify Payments" payment service, the payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are informed of the customer in the seller's online shop. To handle payments, Stripe can use other payment services, for which special payment terms may apply, which the customer may be referred to separately. Further information on "Shopify Payments" is on the Internet at https://www.shopify.com/legal/Terms playments-de available.

5) Delivery and shipping conditions

5.1If the seller offers the shipping of the goods, the delivery takes place within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the order processing of the seller is decisive.

5.2If the delivery of the goods fails for reasons for which the customer is responsible, the customer bears the appropriate costs for the seller. This does not apply in view of the costs for the return if the customer effectively exercises his right of withdrawal. For the return costs, the regulation made in the cancellation policy of the seller applies if the recovery right is effective.

5.3If the customer acts as an entrepreneur, the risk of random doom and the random deterioration of the sold goods passes to the customer as soon as the seller has delivered the matter to the freight forwarder, the carrier or the person or institution otherwise designed to carry out the dispatch. If the customer acts as a consumer, the risk of random doom and the random deterioration of the sold goods is generally only transferred to the customer or a person entitled to receive the goods. Deviating from this, the risk of random doom and the random deterioration of the sold goods is already transferred to the customer to the customer, as soon as the seller has delivered the item to the freight forwarder, the carrier or the person or institution otherwise intended to carry out the shipment, if the customer has the freight leader, the carrier or the otherwise specific person or institution. Customers have not named this person or institution beforehand.

5.4The seller reserves the right to withdraw from the contract in the event of no correct or non -proper self -delivery. This only applies in the event that the non -delivery is not to be represented by the seller and that he has completed a specific cover business with the supplier with the care required. The seller will make all reasonable efforts to obtain the goods. In the event of non -availability or the only partial availability of the goods, the customer will be informed immediately and the consideration will be reimbursed immediately.

5.5Pick -up is not possible for logistical reasons.

5.6Vouchers are provided to the customer as follows:

• by download
• by email

5.7Digital content is provided to the customer as follows:

• via direct access via the entrepreneur's website
• by download
• by email

5.8Licenses are provided to the customer as follows:

• By display on the screen
• by download
• by email

6) granting usage rights for digital content

6.1Unless otherwise arisen from the content description in the seller's online shop, the seller gives the customer the non-exclusive, locally and unlimited right to use the content for private and commercial purposes.

6.2It is not permitted to pass on the content to third parties or the creation of copies for third parties outside the framework of these terms and conditions, unless the seller has agreed to transfer the contractual license to the third party.

6.3Insofar as the contract relates to the one -time provision of a digital content, the right of the right only becomes effective if the customer has completely done the remuneration owed. The seller can temporarily allow use of the contractual content before this time. Such a preliminary permit does not take a transition from the rights.

7) granting usage rights for license keys

7.1The license key provided entitles the customer to use the digital product, which is apparent from the respective product description of the seller, to the extent described there.

7.2Insofar as the license key refers to the one -time provision of a digital content, the right of the right only becomes effective if the customer has completely done the remuneration owed.

8) Contract duration and termination of the contract for subscription contracts

8.1The right to extraordinary termination for an important reason remains unaffected. An important reason exists if the terminating part can not be expected to continue the contractual relationship to the agreed termination or until the expiry of a notice period.

8.2Terminations can be made in writing, in text form (e.g. by email) or in electronic form via the termination device (termination button) provided by the seller on his website.

8.3Subscription contracts are concluded indefinitely and can be terminated by the customer at any time without compliance with a notice period.

8.4The right to extraordinary termination for an important reason remains unaffected. An important reason exists if the terminating part can not be expected to continue the contractual relationship to the agreed termination or until the expiry of a notice period.

8.5Terminations can be made in writing, in text form (e.g. by email) or in electronic form via the termination device (termination button) provided by the seller on his website.

9) Reference to retention of title

If the seller arrives in advance, he reserves the property of the delivered goods until the purchase price owed is fully paid.

10) Liability for defects (warranty)

Unless otherwise arisen from the following regulations, the provisions of the legal liability for defects apply. Different from this applies to contracts for the delivery of goods:

10.1If the customer acts as an entrepreneur,

• the seller has the choice of the type of supplementary performance;
• In the event of new goods, the limitation period for defects is one year from delivery of the goods;
• the rights and claims for defects are excluded from used goods;
• the limitation period does not begin again if there is a replacement delivery as part of the liability for defects.

10.2The liability restrictions and deadline reductions, which are regulated above, do not apply

• For claims for damages and expenses of the customer,
• In the event that the seller has fraudulently concealed the defect,
• For goods that have been used for a building according to their usual uses and whose deficiency have caused,
• for a possibly existing obligation of the seller to provide updates for digital products, for contracts for the delivery of goods with digital elements.

10.3In addition, it applies to entrepreneurs that the statutory limitation periods remain unaffected for a legal right of recourse that may exist.

10.4If the customer acts as a merchant i.S.D. § 1 HGB, the commercial examination and complaint is required in accordance with § 377 HGB. If the customer fails to do the notification obligations there, the goods are considered approved.

10.5If the customer acts as a consumer, he is asked to claim the delivered goods with obvious transport damage to the deliverer and to inform the seller. If the customer does not meet this, this has no effect on his legal or contractual claims for defects.

11) Liability

The seller is liable to the customer from all contractual, contractual and legal, also tortious claims for damage and expenses replacement as follows:

11.1The seller is fully liable from every legal reason

• in the event of intent or gross negligence,
• In the event of intentional or negligent violation of life, body or health,
• Due to a promise of guarantee, unless otherwise regulated in this regard,
• based on mandatory liability such as the Product Liability Act.

11.2If the seller negligently violates an essential contractual obligation, liability is limited to the typical, predictable damage, unless it is indefinitely accurately accurate in accordance with the above. Essential contractual obligations are obligations, which the contract imposes to the seller to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and that the customer can regularly trust.

11.3Incidentally, the seller's liability is excluded.

11.4The above liability regulations also apply to the liability of the seller for his vicarious agents and legal representatives.

12) Refraining from promotional vouchers

12.1Vouchers that the seller issued free of charge as part of advertising campaigns with a certain duration of validity and which cannot be purchased by the customer (hereinafter referred to as "action vouchers") can only be redeemed in the online shop of the seller and only in the specified period.

12.2Individual products can be excluded from the voucher campaign if there is a corresponding restriction from the content of the action voucher.

12.3Action vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

12.4Only one action voucher can be redeemed per order.

12.5The value of the goods must at least correspond to the amount of the action voucher. Any remaining credit is not reimbursed by the seller.

12.6If the value of the action voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.

12.7The credit of an action voucher is neither paid out in cash nor interest.

12.8The promotional voucher will not be reimbursed if the customer returns the goods paid with the action voucher in whole or in part as part of its statutory right of withdrawal.

12.9The action voucher is transferable. The seller can provide the respective owner who redeems the promotion voucher in the seller's online shop with a liberating effect. This does not apply if the seller has knowledge or grossly negligent ignorance of non -authorization, incapacity for business or the lack of authorization to represent the respective owner.

13) Removal of gift vouchers

13.1Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers" ") can only be redeemed in the seller's online shop, unless otherwise emerging from the voucher.

13.2Gift vouchers and residual credit of gift vouchers can be redeemed by the end of the third year after the year of voucher shopping. Remaining credit will be credited to the customer until the expiry date.

13.3Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

13.4With an order, several gift vouchers can also be redeemed.

13.5Gift vouchers can only be used for the purchase of goods and not to buy other gift vouchers.

13.6If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.

13.7The credit of a gift voucher is neither paid out in cash nor interest.

13.8The gift voucher is transferable. The seller can provide the respective owner who redeems the gift voucher in the seller's online shop with a liberating effect. This does not apply if the seller has knowledge or grossly negligent ignorance of non -authorization, incapacity for business or the lack of authorization to represent the respective owner.

14) Applicable law

14.1For all legal relationships between the parties, the law of the Federal Republic of Germany applies to the exclusion of the laws on the international purchase of mobile goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has its habitual residence is withdrawn.

14.2Furthermore, this choice of law does not apply to consumers with regard to the statutory right of withdrawal who are not a member state of the European Union at the time the contract is concluded and their sole place of residence and delivery address are outside the European Union at the time of the contract.

15) place of jurisdiction

If the customer acts as a merchant, legal entity under public law or a special fund based on public law based in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes from this contract is the seller's headquarters. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of place of jurisdiction for all disputes from this contract is if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is entitled to call the court at the customer's seat.

16) Alternative dispute resolution

16.1The 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 extrajudicial resolution of disputes from online purchase or service contracts in which a consumer is involved.

16.2The seller is neither obliged nor ready to participate in a dispute settlement procedure in front of a consumer arbitration board.