General Terms and Conditions (AGB)
§ 1 Scope of application, definitions of terms
1.1 These General Terms and Conditions (GTC) apply to all orders placed by consumers and entrepreneurs (hereinafter “Customers”) via the online store of Florian Rocktäschel – UPFLINX, operated by Florian Rocktäschel, Marienbongard 24, 52062 Aachen, Germany (hereinafter “UPFLINX Webshop”).
1.2 The contractual language is German. The English version of the website serves only as additional information and is not legally binding.
1.3 “Consumer” within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity. “Entrepreneur” is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
§ 2 Conclusion of the contracts, storage of the contract text
2.1 The following provisions on the conclusion of contracts apply to orders placed via our online store at https://www.upflinx.com.
2.2 Our product presentations on the Internet are non-binding and do not constitute a binding offer to conclude a contract.
2.3 Upon receipt of an order in our online store, the following provisions apply: The customer submits a binding contractual offer by successfully completing the order procedure provided in our online store. The order is placed in the following steps:
- Selection of the digital goods or the selected service(s),
- Add the products by clicking on the corresponding button (e.g. “Add to shopping cart”, “Add to shopping bag” or similar),
- Check the details in the shopping cart,
- Call up the order overview by clicking on the corresponding button (e.g. “Continue to checkout”, “Continue to payment”, “To order overview” or similar),
- Entry/verification of address and contact details, selection of payment method, confirmation of GTC and revocation policy,
- Complete the order by clicking the “Buy now” button. This constitutes your binding order.
- The contract is concluded when you receive an order confirmation from us within three working days to the e-mail address provided.
2.4 If the contract is concluded, the contract is concluded with UPFLINX, Florian Rocktäschel, Marienbongard 24, 52062 Aachen, Germany.
2.5 Before placing an order, the contract data can be printed out or saved electronically using the browser’s print function. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the general terms and conditions and the revocation policy, is carried out by e-mail after you have placed the order, in some cases automatically. We do not store the contract text after the contract has been concluded.
2.6 Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser’s “back button”). They can also be corrected by canceling the order process prematurely, closing the browser window and repeating the process.
2.7 The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, partly automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
§ 3 Subject matter of the contract and essential characteristics of the products
3.1 The subject matter of the contract is our online store:
The sale of digital goods, e.g. software or media downloads. The specific digital goods on offer can be found on our product pages.
The provision of services. The specific services offered can be found on our article pages.
3.2 The main features of the digital goods and services can be found in the item description. If the agreed quality of the goods deviates from their usual quality and conditions of use, this shall be expressly indicated in the item description (negative quality agreement). Insofar as the customer has given his express consent to the negative quality deviation, this defines the subject matter of the contract.
3.3 The sale of digital products is subject to the restrictions set out in the product description or otherwise resulting from the circumstances, in particular with regard to hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject matter of the contract is only the private and commercial use of the products without the right to resell or sublicense.
§ 4 Prices, shipping costs and delivery
4.1 The prices quoted in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
4.2 The respective purchase price must be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly labeled button in the online store or in the respective offer. Unless otherwise stated in the individual payment methods, payment claims are due for payment immediately.
4.3 In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective item is shown as free of shipping costs. The shipping costs will be clearly communicated to you again on the offers, in the shopping cart system and on the order overview.
4.4 Unless clearly stated otherwise in the product description, all products offered are ready for immediate dispatch.
4.5 The following delivery area restrictions apply: Delivery is made to the following countries: Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Germany, Denmark, Estonia, Spain, Finland, France, Greece, Croatia, Hungary, Ireland, Italy, Lithuania, Luxembourg, Latvia, Malta, Netherlands, Poland, Portugal, Romania, Sweden, Slovenia, Slovakia.
§ 5 Right of retention
5.1 You may only exercise a right of retention insofar as it relates to claims arising from the same contractual relationship.
§ Section 6 Cancellation policy for the purchase of digital content for consumers
6.1 You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract.
6.2 To exercise your right of withdrawal, you must send us
Florian Rocktäschel – UPFLINX
Marienbongard 24
52062 Aachen
+49 (0) 241 89 43 89 17
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail).
6.3 In order 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 revocation
6.4 If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw 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; under no circumstances will you be charged any fees for this repayment.
Expiry of the right of withdrawal
6.5 The right of withdrawal expires in the case of a contract for the supply of digital content not on a tangible medium if we have started to perform the contract after you have expressly consented to us starting to perform the contract before the expiry of the withdrawal period and have confirmed your knowledge that you lose your right of withdrawal by consenting to the start of performance of the contract.
§ 7 Contract language
7.1 The contract language is exclusively German.
§ 8 Liability
8.1 Liability for intent and gross negligence is unlimited.
8.2 In the event of a slightly negligent breach of material contractual obligations, liability shall be limited to foreseeable and contractually typical damages. Material contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the breached party may regularly rely. The limitation period for claims under this paragraph is one year if the other party is not a consumer within the meaning of Section 13 BGB.
8.3 Paragraph 2 shall not apply to claims arising from injury to body, health or life, in the event of fraudulent action, the assumption of a guarantee, liability for initial incapacity or impossibility for which we are responsible or for claims under the Product Liability Act.
8.4 Otherwise, liability – regardless of the legal grounds – is excluded.
8.5 If, when purchasing goods with digital elements or when purchasing digital products (digital content and services), the customer fails to install an update that has been provided to him and of whose availability he has been informed within a reasonable period of time, we shall not be liable for a material defect that is solely due to the lack of this update.
§ 9 Warranty
9.1 The warranty shall be governed by the statutory provisions.
9.2 The warranty period for goods delivered to entrepreneurs is 12 months.
9.3 As a consumer, you are requested to check the item/digital goods or the service provided immediately upon fulfillment of the contract for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this has no effect on your statutory warranty claims.
§ 10 Final provisions/dispute resolution
10.1 German law shall apply. 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 of the consumer’s habitual residence is not thereby withdrawn (principle of favorability).
10.2 The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
10.3 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.
10.4 The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.