General Terms and Conditions

§ 1 Validity, Definitions

(1) GW Center, Manuel Mayer, Hummelstr. 17a, 92421 Schwandorf, Germany (hereinafter: "we" or "GW Center") operates an online shop for digital goods on the website https://www.gw-center.eu. The following general terms and conditions apply to all services between us and our customers (hereinafter: "customer" or "you") in their version valid at the time of the order, unless otherwise expressly agreed.

(2) A "consumer" in the sense of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An "entrepreneur" is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity, whereby a partnership with legal capacity is a partnership that has the ability to acquire rights and incur liabilities.

§ 2 Conclusion of Contracts, Storage of the Contract Text

(1) The following regulations regarding the conclusion of contracts apply to orders placed via our online shop at https://www.gw-center.eu.

(2) Our product presentations on the internet are non-binding and do not constitute a binding offer to conclude a contract.

(3) Upon receipt of an order in our online shop, the following regulations apply: The customer submits a binding contractual offer by successfully completing the ordering procedure provided in our online shop. The order is placed in the following steps:

1. Selection of digital goods,
2. Adding the products by clicking the corresponding button (e.g., "Add to cart", "Add to shopping bag" or similar),
3. Review of the information in the shopping cart,
4. Accessing the order overview by clicking the corresponding button (e.g., "Proceed to checkout", "Proceed to payment", "To order overview" or similar),
5. Entering/checking address and contact details, selecting the payment method, confirming the general terms and conditions and the right of withdrawal,
6. Completing the order by pressing the "Buy now" button. This constitutes your binding order.
7. The contract is concluded when we send you an order confirmation to the email address provided within three working days.

(4) In the event of the conclusion of a contract, the contract is concluded with GW Center, Manuel Mayer, Hummelstr. 17a, 92421 Schwandorf, Germany.

(5) Before ordering, the contract data can be printed out using the browser's print function or saved electronically. The processing of the order and the transmission of all information necessary in connection with the conclusion of the contract, in particular the order data, the general terms and conditions and the right of withdrawal, takes place by e-mail after you have placed the order, in part automatically. We do not store the contract text after the conclusion of the contract.

(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 prematurely canceling the ordering process, closing the browser window and repeating the process.

(7) The processing of the order and the transmission of all information necessary in connection with the conclusion of the contract takes place by e-mail, in part automatically. You must therefore ensure that the email address you have provided to us is correct, that the reception of emails is technically ensured and, in particular, is not prevented by SPAM filters.

§ 3 Subject of the Contract and Essential Characteristics of the Products

(1) The subject of the contract in our online shop is:

1. The sale of digital goods, e.g. software or media downloads. The specific digital goods offered can be found on our item pages.

(2) The essential characteristics of the digital goods can be found in the item description.

(3) The sale of digital products is subject to the restrictions evident from the product description or otherwise arising from the circumstances, in particular regarding hardware and/or software requirements for the target environment. Unless otherwise expressly agreed, the subject of the contract is only the private and commercial use of the products without the right to resell or sublicense them.

§ 4 Prices, Shipping Costs and Delivery

(1) The prices stated in the respective offers and the shipping costs are total prices and include all price components including all applicable taxes.

(2) The respective purchase price must be paid before delivery of the product (advance payment), unless we explicitly offer purchase on account. The payment methods available to you are indicated under a correspondingly labeled button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due for payment immediately.

(3) In addition to the stated prices, shipping costs may apply for the delivery of products, provided that the respective item is not shown as shipping-free. The shipping costs will be clearly communicated to you again on the offers, possibly in the shopping cart system and on the order overview.

(4) All offered products are, unless clearly stated otherwise in the product description, ready for immediate dispatch (delivery time: immediately, by e-mail after receipt of payment).

(5) The following delivery area restrictions apply: Delivery is made to the following countries: Germany.

§ 5 Right of Retention

(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

§ 6 Right of Withdrawal

As a consumer, you have a right of withdrawal. This is governed by our cancellation policy.

§ 7 Liability

(1) Subject to the following exceptions, our liability for breaches of contractual obligations and for tortious acts is limited to intent or gross negligence.

(2) We are liable without limitation for slight negligence in the event of injury to life, body, health or in the event of a breach of an essential contractual obligation. If we have been in default with performance due to slight negligence, if performance has become impossible or if we have breached an essential contractual obligation, liability for property damage and financial loss attributable thereto is limited to the contractually foreseeable damage . An essential contractual obligation is one whose fulfillment makes the proper execution of the contract possible in the first place, whose breach jeopardizes the achievement of the purpose of the contract and on whose observance you can regularly rely. This includes, in particular, our obligation to act and fulfill the contractually owed service described in § 3.

§ 8 Contract Language

The contract language is exclusively German.

§ 9 Warranty

(1) The warranty is governed by the statutory provisions.

(2) For entrepreneurs, the warranty period for delivered goods is 12 months.

(3) As a consumer, you are asked to check the goods/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. Failure to do so will, of course, not affect your statutory warranty claims.

§ 10 Final Provisions/Dispute Resolution

(1) German law applies. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.

(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 provider's registered office.

(4) We are not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.

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