General Terms and Conditions of Bitter Digital Solutions GmbH towards Consumers
§ 1 General, contract language
(1) These terms and conditions (GTC) apply to the contracts concluded between you and us, Bitter Digital Solutions GmbH ( limited liability) - Kaulardstraße 57, 50354 Hürth, Germany, VAT ID number: DE343708410 via this online shop.
(2) The language available for the conclusion of the contract is exclusively German. Translations of these terms and conditions into other languages are for your information only. In the event of any differences between the language versions, the German text shall take precedence.
§ 2 Applicable law, mandatory consumer protection regulations
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods if
(a) you have your habitual residence in Germany, or
(b) your habitual residence is in a state which is not a member of the European Union.
In the event that you have your habitual residence in a member state of the European Union, the applicability of German law shall also apply, whereby mandatory provisions of the state in which you have your habitual residence shall remain unaffected.
§ 3 Conclusion of the contract
(1) The presentation of the digital products in our online shop does not constitute a legally binding offer, but an invitation to order (invitatio ad offerendum).
(2) By clicking the "Liable order" button in the last step of the ordering process, you submit a binding offer to purchase the digital products displayed in the order overview. Immediately after sending the order, you will receive an order confirmation, which, however, does not constitute an acceptance of your contractual offer.
A contract between you and us will be concluded as soon as we accept your order by means of a separate e-mail. Please check the SPAM folder of your e-mail box regularly.
(3) We expressly point out to the customer that with the order of our digital products the "concrete5 Commercial Add-On License" of the American company Portland Labs Inc. applies and becomes part of the contract.
§ 4 Technical steps up to the conclusion of the contract and correction of input errors
As part of the ordering process, you first place the desired digital products in the shopping basket. There you can change the desired number of items at any time or remove selected digital products completely.
If you have placed digital products in the shopping basket, clicking on the "Continue" buttons will take you to a page where you can enter your data and then select the shipping and payment method. Finally, an overview page opens where you can check your details. You can correct your input errors (e.g. regarding the payment method, dates or the desired number of items) by clicking on "Edit" in the respective field.
If you wish to cancel the ordering process completely, you can simply close your browser window. Otherwise, after clicking the confirmation button "Order with obligation to pay", your declaration becomes binding in the sense of § 3 paragraph 2 of these GTCs.
§ 5 Storage of the contract text
The contractual provisions with details of the digital products ordered, including these General Terms and Conditions and the cancellation policy, will be sent to you by e-mail upon acceptance of the contractual offer or upon notification thereof. We do not store the contractual provisions.
§ 6 Registration in our online shop; processing of your personal data, data protection
(1) You can order digital products in our online shop as a guest or as a registered user. As a registered user, you do not have to provide your personal data each time, but you can simply log in to your customer account with your e-mail address and the password freely chosen by you during registration before or during an order. Registration alone does not constitute any obligation to purchase any of the digital products offered by us. When you register, you choose a personal user name and password.
When handling personal data, the contracting parties shall comply with the relevant provisions, in particular those of the General Data Protection Regulation (DSGVO). The contracting parties will not process personal data without authorisation in connection with the establishment, implementation and termination of this contract (data secrecy). They shall impose a corresponding obligation on persons they employ in connection with the establishment, implementation and termination of this contract. The data secrecy shall continue to exist after the termination of their activities.
(2) For information on the processing of your data, please read our data protection declaration, which you can access under the following link https://www.bitter.de/legal/privacy-policy.
§ 7 Terms of payment, offsetting prohibition
(1) The current prices stated by us on our website shall apply. All prices are in euros and are to be understood as total prices. Shipping/delivery costs do not apply to our digital products.
Unless otherwise stated, the prices - errors and misprints or typing errors excepted - refer to the respective products shown by us according to the corresponding description.
For the payment of the digital products we accept the following payment methods.
- SOFORT bank transfer:
In this case, the payment is processed via the payment service provider SOFORT GmbH. In order to be able to pay the invoice amount via this payment service provider, you must have an online banking account activated by the payment service provider, identify yourself accordingly during the payment process and confirm the payment instruction to the payment service provider. The payment transaction is then carried out immediately afterwards by the payment service provider and your bank account is debited with the invoice amount. More information on the payment method of the payment service provider can be found at https://www.klarna.com/sofort/.
(2) Certain payment methods may be excluded by us in individual cases.
(3) If you fall into arrears with the payment of a due claim, you shall pay interest on arrears at a rate of 5 percentage points above the base interest rate. We expressly reserve the right to claim further damages.
§ 8 Copyright, granting of rights
(1) We are the owner of the copyrights and other industrial property rights to the digital products offered by us and reserve all rights insofar as these have not been expressly granted to the customer in these General Terms and Conditions.
We grant the customer the simple right to use the purchased digital products according to our specifications for the term of the contract.
In particular, the customer is prohibited from reproducing the digital products in whole or in part or otherwise transforming them or granting sub-licences to third parties.
The right of use (licence) is not transferable.
(2) Pursuant to Section 158 (1) of the German Civil Code (BGB), the granting of rights shall only become effective when the customer has fully paid the remuneration or price owed pursuant to Section 7 of these General Terms and Conditions. We may provisionally permit use of the subject matter of the contract even before this point in time. Such provisional permission shall not result in a transfer of the rights under this paragraph.
§ 9 Right of withdrawal for consumers
As a consumer, you are entitled to a right of withdrawal in accordance with the following instructions. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
Cancellation policy (digital content) Right of cancellation
You have the right to withdraw from this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day of the conclusion of the contract. In order to exercise your right of revocation, you must send us
Bitter Digital Solutions UG (haftungsbeschränkt),
Tel.: +49 (0) 2233 - 619 912 6
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory.
To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
The right of withdrawal shall also expire in the case of a contract for the supply of digital content not on a tangible medium if the trader has begun performance of the contract after the consumer:
- expressly consented to the trader starting the performance of the contract before the end of the withdrawal period, and
- confirmed his knowledge that by giving his consent he would lose his right of withdrawal upon commencement of the performance of the contract.