I. Standard business terms
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Hagen Schwaß) via the https://detect-master.de website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of digital content (data created and provided in digital form).
(2) Your requests for quotations are not binding for you. For this purpose, we submit a binding offer to you in text form (e.g. by email), which you can accept within 5 days (unless a different period is stated in the respective offer).
(3) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 License of use in case of digital content
(1) The digital content offered is protected by copyright. For each digital content purchased from us, you will receive a license of use from the respective Licensor. The type and scope of the license of use result from the license terms stated in the respective offer.
(2)
Unless otherwise stated in the respective offer, you receive a simple license of use. This includes a non-exclusive right of use limited in time to the period of use specified in the offer, in particular the permission to save and/or print out a copy of the digital content for your personal use on your computer or other electronic device.
You are not entitled to rent out the digital content that is subject of the contract or parts thereof, or to sublicense it either for a fee or free of charge, to reproduce it publicly or make it accessible in any other way, or to make it available to third parties in any other way.
§ 4 Contract duration / Cancellation in case of subscription contracts
(1) The subscription contract concluded between you and us has the term specified in the respective offer, hereinafter referred to as the "basic term". A basic term of more than 2 years cannot be agreed.
(2) If the subscription contract is not terminated by one of the parties 1 month before the end of the basic term (unless a shorter period is stipulated in the respective offer), it is tacitly extended for an indefinite period.
The extended contractual relationship can be terminated at any time with a notice period of 1 month (unless a shorter period is stipulated in the respective offer).
(3) The right to terminate the contract without notice for important reasons remains unaffected.
(4) Any notice of termination must be declared and transmitted either in text form (e.g. e-mail) or via the cancellation button integrated on our Internet presence ("Cancel contracts here" or similar designation).
§ 5 Special agreements related to the offered payment methods
(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", the payment will be processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" will be displayed to you under a correspondingly designated button on our Internet presence as well as in the online ordering process. "PayPal" may use other payment services for payment processing; if special payment conditions apply, you will be informed of these separately. You can find more information on "PayPal" at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
§ 6 Right of retention
You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
§ 7 Warranty
(1) The statutory rights of liability for defects apply.
(2) Insofar as a feature of the digital content deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contractual parties.
§ 8 Choice of law
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
II. Customer information
1. Identity of the seller
Hagen Schwaß
Simon-Dach-Str 39
10245 Berlin
Germany
Telephone: +4915121788983
E-Mail: shop@detect-master.de
We are willing, but not obliged, to participate in dispute resolution proceedings before consumer arbitration boards.
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
4. Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
5. Prices and payment arrangements
5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.
5.2 Since the product is downloaded, no shipping costs accrue.
5.3 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
5.4 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
6. Provision
6.1 The conditions for provision, the provision date and any existing provision restrictions can be found under a correspondingly designated button on our website or in the respective offer.
7. Statutory warranty right
Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I).
8. Contract duration / cancellation
Information on the contract term and the terms and conditions of termination can be found in the section “Contract term / Termination of subscription contracts” in our General Terms and Conditions of Business (Part I), and in the individual quotation.
These SBTs and customer details were created by the lawyers specialising in IT law who work for the Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings are issued. More detailed information can be found on the following website: https://www.haendlerbund.de/
last update: 22.10.2024
Payment and dispatch
The following terms and conditions apply:
Provision of digital content:
Die Bereitstellung der Software erfolgt weltweit über den download link.
Digital content (data created and delivered in digital form) is not subject to shipping charges.
Digital content is provided to you in your customer account.
The provision takes place within 24 hours after conclusion of the contract (in case of agreed prepayment after the time of your payment instruction).
You will also be informed about the provision by e-mail.
Accepted Payment options
via PayPal Checkout:
- Payment via PayPal
In case of questions, please contact us at the contact details mentioned in the Legal Notice.
Revocation right for consumers
(A ‘consumer’ is any natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities.)
Instructions for revocation
Revocation right
You have the right to revoke this contract within fourteen days without specifying any reasons.
The revocation period is fourteen days with effect from the day of the conclusion of the contract.
To exercise your right of withdrawal, you must inform us (Hagen Schwaß, Simon-Dach-Str 39, 10245 Berlin, telephone number: +4915121788983, e-mail address: hagen.schwass@detect-master.de) by means of a clear declaration (e.g. a letter sent by post, or an e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.
In order to safeguard the revocation period, it is sufficient that you send the notification about the exercise of the revocation right before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall repay all the payments, which we received from you, including the delivery costs (with the exception of additional costs, which arise from that fact that you selected a form of delivery other than the most reasonable standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notification about the revocation of this contract from you. We use the same means of payment, which you had originally used during the original transaction, for this repayment unless expressly agreed otherwise with you; you will not be charged any fees owing to this repayment.
Criteria for expiry
The right of withdrawal shall expire in the case of a contract for the supply of digital content, not on a tangible medium that obliges the consumer to pay a price if the consumer:
1. has expressly consented to the entrepreneur commencing performance of the contract before the end of the withdrawal period; and
2. has confirmed that he is aware that his right of withdrawal expires upon the commencement of the performance of the contract, and
3. the entrepreneur has provided the consumer with a confirmation of the contract on a durable medium within a reasonable period of time after the conclusion of the contract, but no later than when the digital content not on a tangible medium is made available:
- which reproduces the content of the contract; and
- stating that the consumer, prior to the performance of the contract, has expressly consented to the entrepreneur commencing performance of the contract before the expiry of the withdrawal period and has confirmed his knowledge that, by consenting, he loses his right of withdrawal upon commencement of performance of the contract.
Specimen - revocation form
(If you wish to revoke the contract, please fill up this form and send it back to us.)
- To Hagen Schwaß, Simon-Dach-Str 39, 10245 Berlin, e-mail address: hagen.schwass@detect-master.de
the provision of the following service (*)
- Ordered on (*)/ received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of a notification on paper)
- Date
(*) Cross out the incorrect option.