table of contents
conclusion of contract
right of withdrawal
Provision 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 the "GTC") of Tom Rider, trading as "Fine Art Photography" (hereinafter referred to as the "Licensor"), apply to all contracts for the supply of data not on a physical data carrier which is produced and made available in digital form (digital content) and which a consumer or entrepreneur (hereinafter referred to as the "Licensee") concludes with the Licensor in respect of the digital content presented by the Licensor on its website www.tom-rider.com The Licensor shall be entitled to terminate the contract with the Licensor if the Licensor is unable to provide the digital content on a physical data carrier (hereinafter referred to as the "Licensor"). The inclusion of the Licensee's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 The subject matter of the contract is the transfer of the digital content offered by the Licensor to the Licensee in electronic form with the granting of certain rights of use regulated more precisely in these General Terms and Conditions.
1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity, which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.
2) Conclusion of contract
2.1 The content published on the Licensor's website does not constitute a binding offer on the part of the Licensor, but serves for the submission of 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 contents in the virtual shopping cart and completing the electronic ordering process, the Licensee submits a legally binding contractual offer with regard to the contents contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Licensee may also submit the offer to the Licensor by e-mail.
2.3 The Licensor may 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 ordered content to the licensee, whereby the access to the licensee is decisive, or
- by requesting payment from the licensee after placing his order.
If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which 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 as 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 following the date on which the Licensee sends the Offer and shall end on the fifth day following the date on which the Offer is sent.
2.5 When submitting an offer via the Licensor's online order form, the text of the contract shall be stored by the Licensor and sent to the Licensee in text form by e-mail together with the present General Terms and Conditions after the order has been sent. In addition, the contract text is archived on the Licensor's website and can be retrieved by the Licensee there.
2.6 Prior to binding submission of the order via the online order form, the Licensee may continuously correct his entries via 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 establishment of contact take place as a rule 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 Licensor or by third parties commissioned by the Licensor to process the order can be delivered.
3) Right of revocation
Consumers are generally entitled to a right of withdrawal. Further information on the right of revocation can be found in the Licensor's revocation instructions.
4.1 For the granting of rights to the respective contents, the Licensor shall receive a flat-rate licence fee, the amount of which shall be determined in the respective article description.
4.2 The prices quoted by the Licensor are total prices and include 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, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If the payment method Delivery on account is selected, the purchase price shall be paid without deduction within 14 (fourteen) days of receipt of the invoice, unless otherwise agreed.
4.6 If the method of payment delivery on account is selected, the purchase price shall become due after the goods have been delivered and invoiced. In this case, the purchase price shall be paid without deduction to Tom Rider, Aumühlstr. 9c, 86343 Königsbrunn within 14 (fourteen) days of receipt of the invoice. The seller remains responsible for general customer enquiries regarding the goods, delivery time, dispatch, returns, complaints, declarations of revocation and revocation or credit notes when selecting all methods of payment.
The General Terms and Conditions of micropayment GmbH (available at: https://www.micropayment.de/about/tob/?_r=gst&_src=rwr_r=gst&_src=rwr), which the customer can call up and confirm during the ordering process, shall also apply.
5) Provision of contents
The contents are provided exclusively in electronic form by e-mail or by download from the licensor's website.
6) Granting of rights of use
6.1 Unless otherwise stated in the DeepL description in the Licensor's online shop, the Licensor grants the Licensee the exclusive right, unlimited in time and place, to use the content provided for private purposes.
6.2 A passing on of the contents to third parties or the making of copies for third parties outside the scope of these General Terms and Conditions is not permitted.
6.3 The granting of rights shall only become effective when the Licensee has paid the contractually owed remuneration in full. The Licensor may also provisionally permit the use of the contractual contents prior to this point in time. A transfer of the rights does not take place by such a provisional permission.
7) Liability for defects
The statutory liability for defects applies.
8) Applicable law
All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws governing the international sale of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
9) Alternative dispute resolution
9.1 The 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 out-of-court settlement of disputes arising from online sales 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.