**AGB
GENERAL TERMS AND CONDITIONS WITH CUSTOMER INFORMATION**
**Table of Contents**
Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Conditions
Retention of Title
Liability for Defects (Warranty)
Applicable Law
Alternative Dispute Resolution
1) **Scope of Application**
1.1 These General Terms and Conditions (hereinafter "GTC") of Elevateboosters, operating under this name (hereinafter "Seller"), apply to all contracts for the delivery of digital products that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the digital products displayed by the Seller in its online shop. The inclusion of the Customer's own conditions is hereby rejected unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or independent professional activity.
1.3 An entrepreneur within the meaning of these GTC is understood to be a natural or legal person or a partnership with legal capacity who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.
2) **Conclusion of Contract**
2.1 The product descriptions contained in the Seller's online shop do not constitute a binding offer from the Seller but serve as a request for the Customer to submit a binding offer.
2.2 The Customer can submit the offer through the online order form integrated into the Seller's online shop. After the Customer has placed the selected digital products in the virtual shopping cart and gone through the electronic ordering process, they submit a legally binding contractual offer regarding the digital products contained in the shopping cart by clicking the button that completes the ordering process.
2.3 The 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 by the Customer is decisive, or
- by making the ordered digital products available to the Customer, whereby the receipt of the products by the Customer is decisive, or
- by requesting the Customer to make payment after the order has been placed.
If multiple of the above alternatives occur, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day following the submission of the offer by the Customer and ends with the expiration of the fifth day following the submission of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this is deemed a rejection of the offer, resulting in the Customer no longer being bound by their declaration of intent.
2.4 If a payment method offered by PayPal is selected, the payment processing is carried out through the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), in accordance with the PayPal Terms of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - in accordance with the terms for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a payment method offered by PayPal during the online ordering process, the Seller hereby declares acceptance of the Customer's offer at the time when the Customer clicks the button that completes the ordering process.
2.5 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g., email, fax, or letter) after the order has been submitted. There is no further provision for the Seller to make the contract text accessible. If the Customer has set up a user account in the Seller's online shop before submitting their order, the order data will be archived on the Seller's website and can be retrieved by the Customer via their password-protected user account using the corresponding login details free of charge.
2.6 Before bindingly placing the order via the Seller's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the zoom function of the browser, which allows for enlarging the display on the screen. The Customer can correct their entries within the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.
2.7 The German and English languages are available for the conclusion of the contract.
2.8 The order processing and communication usually take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that the emails sent by the Seller can be received at this address. In particular, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered, especially when using SPAM filters.
3) **Right of Withdrawal**
3.1 Consumers generally have a right of withdrawal, which, however, expires for digital products as soon as the Customer has started the execution of the contract after expressly agreeing that the Seller should begin the execution of the contract before the withdrawal period expires.
3.2 Detailed information on the right of withdrawal can be found in the Seller's withdrawal instruction.
4) **Prices and Payment Terms**
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include the statutory value-added tax. Any additional delivery and shipping costs that may arise are specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases that the Seller is not responsible for and that are to be borne by the Customer. This includes, for example, costs for the money transfer by credit institutions (e.g., transfer fees, exchange rate fees) or customs duties or taxes (e.g., tariffs). Such costs may also arise in relation to money transfers even if the delivery does not take place in a country outside the European Union but the Customer makes the payment from a country outside the European Union.
4.3 The payment options will be communicated to the Customer in the Seller's online shop.
4.4 If the payment method "SOFORT" is selected, the payment processing is carried out through the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To pay the invoice amount via "SOFORT," the Customer must have an online banking account activated for participation in "SOFORT," authenticate themselves during the payment process, and confirm the payment instruction to "SOFORT." The payment transaction is conducted immediately by "SOFORT," and the Customer's bank account is charged. Further information about the payment method "SOFORT" can be found at https://www.klarna.com/sofort/.
4.5 If a payment method offered via the "Shopify Payments" payment service is selected, the payment processing is carried out through 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 will be communicated to the Customer in the Seller's online shop. For payment processing, Stripe may use other payment services for which specific payment terms may apply, which the Customer will be informed about separately. More information about "Shopify Payments" can be found at https://www.shopify.com/legal/terms-payments-de.
4.6 If a payment method offered via the "Klarna" payment service is selected, the payment processing is carried out through Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter "Klarna"). Further information as well as the terms from Klarna can be found in the Seller's payment information, which can be viewed at the following internet address: https://Kreisliga.fieber.de.
5) **Delivery and Shipping Conditions**
5.1 Since these are digital products, delivery is usually made by providing the products in the Seller's online shop or by sending them to the email address provided by the Customer.
5.2 If the delivery of digital products fails for reasons for which the Customer is responsible, the Customer bears the reasonable costs incurred by the Seller as a result. This does not apply to the costs of return shipment if the Customer effectively exercises their right of withdrawal. For return shipping costs, the regulation made in the Seller's withdrawal instruction applies in the case of an effective exercise of the right of withdrawal by the Customer.
5.3 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the non-delivery is not attributable to the Seller and the Seller has concluded a specific coverage transaction with the supplier with the required diligence. The Seller will make all reasonable efforts to procure the digital goods. In the event of non-availability or only partial availability of the digital goods, the Customer will be informed promptly, and the consideration will be refunded immediately.
5.4 Self-pickup is not possible for logistical reasons.
6) **Retention of Title**
The Seller retains title to the delivered digital products until full payment of the purchase price owed is made.
7) **Liability for Defects (Warranty)**
7.1 Unless otherwise provided in the following provisions, the statutory provisions on liability for defects apply.
7.2 If the Customer acts as an entrepreneur,
- the Seller has the choice of the type of subsequent performance;
- for new digital products, the limitation period for defects is one year from the provision of the products;
- for used digital products, the rights and claims due to defects are excluded;
- the limitation period does not restart if a replacement delivery is made in the context of liability for defects.
7.3 The aforementioned limitations and reductions of liability do not apply
- to claims for damages and reimbursement of expenses by the Customer,
- in the event that the Seller has fraudulently concealed the defect.
7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory recourse claims remain unaffected.
7.5 If the Customer acts as a merchant within the meaning of § 1 HGB, they are subject to the commercial inspection and notification obligations according to § 377 HGB. If the Customer fails to comply with the notification obligations regulated there, the digital goods are deemed approved.
7.6 If the Customer acts as a consumer, they are requested to complain about delivered digital products with obvious defects to the Seller. If the Customer fails to do so, this has no effect on their statutory or contractual claims for defects.
8) **Applicable Law**
For all legal relationships of the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
9) **Alternative Dispute Resolution**
9.1 The EU Commission provides an online platform for dispute resolution at the following link: https://ec.europa.eu/consumers/odr.
This platform serves as a point of contact for the out-of-court resolution 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.
