Table of contents
Conclusion of contract
Right of withdrawal
Surrender of the contents
Granting of rights of use
Liability for defects
Alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "Terms and Conditions") of Tom Rider, trading under the name of "Fine Art Photography" (hereinafter referred to as "Licensor"), apply to all contracts for the supply of data not contained on a physical data carrier, which are produced and made available in digital form (digital content), which a consumer or entrepreneur (hereinafter referred to as "Licensee") concludes with the Licensor with regard to the digital content displayed by the Licensor on his website www.tom-rider.com. The inclusion of the Licensee's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 Subject matter of the agreement is the transfer of the digital contents offered by the Licensor to the Licensee in electronic form, granting certain rights of use that are more precisely regulated in these General Terms and Conditions.
1.3 Consumer in the sense of these GTC is every natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor his self-employed professional activity. Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
2) Conclusion of contract
2.1 The contents published on the website of the licenser do not represent binding offers on the part of the licenser, but serve to make a binding offer by the licensee.
2.2 The Licensee may submit the offer via the online order form integrated on the Licensor's website. After placing the selected content in the virtual shopping cart and going through the electronic ordering process, the Licensee submits a legally binding contractual offer with respect to the content contained in the shopping cart by clicking the button concluding the ordering process. Furthermore, the Licensee may also submit the offer to the Licensor by e-mail.
2.3 The licensor can accept the licensee's offer within five days,
- by sending the Licensee a written order confirmation or an order confirmation in text form (e-mail), whereby the receipt of the order confirmation by the Licensee is decisive, or
- by providing the licensee with the ordered contents, whereby the access to the licensee is decisive, or
- by requesting the licensee to pay after the order has been placed.
If there are several of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned alternatives occurs first. If the Licensor does not accept the Licensee's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Licensee is no longer bound by his declaration of intent.
2.4 The period for acceptance of the offer shall commence on the day after the offer has been sent by Licensee and shall end at the end of the fifth day following the sending of the offer.
2.5 When submitting an offer via the Licensor's online order form, the text of the contract will be saved by the Licensor and sent to the Licensee by e-mail in text form after the order has been placed, together with these General Terms and Conditions. In addition, the text of the contract is archived on the Licensor's website and can be accessed there by the Licensee.
2.6 Prior to the binding submission of the order via the online order form, the Licensee can continuously correct his entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
2.7 Only the German language is available for the conclusion of the contract.
2.8 The order processing and contact are usually carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that e-mails sent by the licensor can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the licenser or third parties commissioned by the licenser with order processing can be delivered.
3) Right of revocation
Consumers are generally entitled to a right of withdrawal. More detailed information on the right of revocation can be found in the revocation instruction of the licensor.
4.1 For the granting of rights to the respective contents, the Licensor shall receive a lump-sum license fee, the amount of which is specified in the respective item description.
4.2 The prices stated by the Licensor are total prices and include the statutory value added tax.
4.3 The licensee has various payment options at his disposal, which are indicated in the online shop of the licensor.
4.4 If prepayment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless the parties have agreed upon a later due date.
4.5 If the payment method delivery on invoice is selected, the purchase price is payable within 14 (fourteen) days after receipt of the invoice without deduction, unless otherwise agreed.
4.6 If the payment method Delivery on Invoice is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is payable within 14 (fourteen) days of receipt of the invoice without deduction to Tom Rider, Aumühlstr. 9c, 86343 Königsbrunn. The seller remains responsible for general customer enquiries, e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of revocation and shipments or credit notes, if all payment methods are selected.
In all other respects, the General Terms and Conditions of micropayment GmbH (available at: https://www.micropayment.de/about/tob/?_r=gst&_src=rwr) shall apply in this respect, which the Customer may call up and must confirm during the ordering process.
5) Transfer of the contents
The transfer of the contents is exclusively in electronic form by e-mail or by download from the website of the licensor.
6) Granting of rights of use
6.1 Unless otherwise stated in the DeepL description in the online shop of the licenser, the licenser grants the licensee the exclusive, locally and temporally unrestricted right to use the provided content for private purposes.
6.2 Passing on the contents to third parties or making copies for third parties outside the scope of these GTC is not permitted.
6.3 The granting of rights only becomes effective when the Licensee has paid the contractually owed remuneration in full. The licensor may also provisionally permit the use of the contractual contents before this time. Such provisional permission shall not result in a transfer of rights.
7) Liability for defects
The statutory liability for defects applies.
8) Applicable law
All legal relations between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international purchase of movable 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 his habitual residence is not withdrawn.
9) Alternative dispute resolution
9.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
9.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.