General Terms and Conditions (GTC)

Table of Contents

1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Shipping and Delivery Terms
6. Granting of Usage Rights for License Keys
7. Granting of Usage Rights for Digital Content
8. Retention of Title
9. Warranty
10. Redemption of Promotional Vouchers
11. Redemption of Gift Vouchers
12. Applicable Law
13. Jurisdiction
14. Code of Conduct
15. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Adobelino GmbH (hereinafter "Seller") apply to all contracts that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods and/or services presented by the Seller in its online shop. The inclusion of the Customer's own conditions is hereby contradicted, unless otherwise agreed.

1.2 For contracts concerning the delivery of physical data carriers that serve solely as carriers of digital content, these GTC apply accordingly, unless otherwise regulated. Digital content in the sense of these GTC are data that are created and provided in digital form.

1.3 For the delivery of digital content, these GTC apply accordingly, unless expressly regulated otherwise. Digital content in the sense of these GTC are data that are created and provided in digital form.

1.4 For the acquisition of vouchers, these GTC apply accordingly, unless expressly regulated otherwise.

1.5 For contracts concerning the delivery of vouchers, these GTC apply accordingly, unless expressly regulated otherwise.

1.6 For contracts concerning the provision of license keys, these GTC apply accordingly, unless otherwise agreed. The Seller is obliged to provide a license key for the use of the digital content or digital services described by him (hereinafter "digital products") as well as to grant the contractually agreed usage rights to the respective digital products. The Customer does not acquire any intellectual property rights to the digital product. The quality of the digital product is determined by the respective product description of the Seller.

1.7 A consumer in the sense of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.

1.8 An entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity that acts in the exercise of its 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 binding offers from the Seller, but serve to submit a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online shop. In doing so, the Customer, after placing the selected goods and/or services in the virtual shopping cart and going through the ordering process, submits a legally binding contractual offer regarding the goods and/or services contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the Customer can also submit the offer by fax, email, or by post to the Seller.

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 delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
- by requesting the Customer to make payment after the Customer has placed their order.

If several of the aforementioned alternatives are present, the contract is concluded at the time when one of the aforementioned alternatives first occurs. If the Seller does not accept the Customer's offer within the aforementioned period, this is considered a rejection of the offer, resulting in the Customer no longer being bound by their declaration of intent.

2.4 When selecting a payment method offered by PayPal, the payment processing is carried out via the payment service provider PayPal (Europe) S.à rl et Cie, S.CA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), the PayPal Terms of Use apply, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full?locale.x=en_DE or, if the Customer does not have a PayPal account, the terms for payments without a PayPal account apply, which can be viewed at https://www.paypal.com/uk/webapps/mpp/ua/privacywax-full If the Customer pays using a payment method selectable in the online ordering process from PayPal, the Seller hereby declares acceptance of the Customer's offer at the time the Customer clicks the button that completes the ordering process.

2.5 If the Customer chooses the payment method "Amazon Payments", the payment processing is carried out via the payment service provider Amazon Payments Europe S.CA, 38 Avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as "Amazon").

If the Customer selects "Amazon Payments" as the payment method during the online ordering process, they simultaneously issue a payment order to Amazon by initiating the payment transaction by clicking the button that completes the ordering process. In this case, the Seller declares acceptance of the Customer's offer at the time the Customer triggers the payment transaction by clicking the button that completes the ordering process.

2.6 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 transmitted to the Customer in text form (e.g., email, fax, or letter) after the Customer has sent their order. No further accessibility of the contract text by the Seller will occur. If the Customer has set up a user account in the Seller's online shop before sending 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 data free of charge.

2.7 Before the binding submission of the order via the Seller's online order form, the Customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the zoom function of the browser, which enlarges the display on the screen. The Customer can correct their entries in the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.
The Customer can correct their entries in the electronic ordering process at any time using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.8 Only the German and English languages are available for the conclusion of the contract.

2.9 The order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct so that 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 when using SPAM filters.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal instructions.

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 shipping costs will be specified separately in the respective product description.

4.2 Payment can be made using one of the payment methods specified in the Seller's online shop.

4.3 If advance payment by bank transfer is agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.

4.4 When selecting the payment method invoice purchase, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method invoice purchase only up to a certain order value and to refuse this payment method if the specified order value is exceeded. In this case, the Seller will inform the Customer in their payment information in the online shop about a corresponding payment restriction. The Seller also reserves the right to conduct a credit check when selecting the payment method invoice purchase and to refuse this payment method in the event of a negative credit check.

4.5 When selecting the payment method invoice purchase, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid within 30 (thirty) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method invoice purchase only up to a certain order value and to refuse this payment method if the specified order value is exceeded. In this case, the Seller will inform the Customer in their payment information in the online shop about a corresponding payment restriction. The Seller also reserves the right to conduct a credit check when selecting the payment method invoice purchase and to refuse this payment method in the event of a negative credit check.

4.6 When selecting the payment method "PayPal Invoice", the Seller assigns their payment claim to PayPal. Before accepting the Seller's assignment declaration, PayPal conducts a credit check using the transmitted customer data. The Seller reserves the right to refuse the payment method "PayPal Invoice" in the event of a negative test result. If the payment method "PayPal Invoice" is approved by PayPal, the Customer must pay the invoice amount to PayPal within 30 days of receipt of the goods, unless PayPal specifies a different payment deadline. In this case, the Customer can only make payments to PayPal with discharging effect. However, the Seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, withdrawal declarations and submissions, or credits, even in the case of the assignment of claims. Additionally, the General Terms of Use for the use of the payment method "Purchase on Invoice" from PayPal apply, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/ppkar-tnc?locale.x=en_DE.

4.7 When selecting the payment method "PayPal Direct Debit", PayPal debits the invoice amount after the issuance of a SEPA direct debit mandate, but not before the expiry of the advance information period on behalf of the Seller from the Customer's bank account. Advance information is any communication (e.g., invoice, policy, contract) to the Customer that announces a debit via SEPA direct debit. If the direct debit is not honored due to insufficient account coverage or due to the provision of incorrect bank details, or if the Customer disputes the debit, although they are not entitled to do so, the Customer must bear the fees incurred by the respective credit institution due to the reversal, if they are responsible for this.

4.8 When selecting a payment method offered via the payment service "PayPal", the payment processing is carried out via PayPal, whereby PayPal may also rely on the services of third-party payment service providers. If the Seller also offers payment methods via PayPal that involve an advance payment to the Customer (e.g., invoice purchase or installment payment), they assign their payment claim to PayPal or to the payment service provider commissioned by PayPal and expressly named to the Customer. Before accepting the Seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal conducts a credit check using the transmitted customer data. The Seller reserves the right to refuse the selected payment method in the event of a negative test result. If the selected payment method is approved, the Customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, the Customer can only make payments to PayPal or to the payment service provider commissioned by PayPal with discharging effect. However, the Seller remains responsible for general customer inquiries, e.g., regarding the goods, delivery time, shipping, returns, complaints, withdrawal declarations and submissions, or credits, even in the case of the assignment of claims.

4.9 When selecting a payment method offered via the payment service "mollie", the payment processing is carried out via the payment service provider Mollie BV, Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter "mollie"). The individual payment methods offered via mollie will be communicated to the Customer in the Seller's online shop. To process payments, mollie may use other payment services, for which special payment conditions may apply, of which the Customer may be informed separately. Further information about "mollie" can be found on the internet at https://www.mollie.com/en/privacy

4.10 When selecting the payment method "Instant Transfer", the payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To pay the invoice amount via "Instant Transfer", the Customer must have an online banking account activated for participation in "Instant Transfer", authenticate themselves during the payment process, and confirm the payment order to "SOFORT". The payment transaction is carried out immediately afterwards and the Customer's bank account is debited. Further information about the payment method "Instant Transfer" can be found at https://www.klarna.com/sofort/.

5) Shipping and Delivery Terms

5.1 If the Seller offers the shipment of the goods, delivery will take place within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. In processing the transaction, the delivery address specified in the Seller's order processing is decisive. Deviating from this, in the case of selecting the payment method PayPal, the delivery address stored by the Customer at PayPal at the time of payment is decisive.

5.2 If the shipping company returns the shipped goods to the Seller because delivery to the Customer was not possible, the Customer bears the costs for the unsuccessful shipment. This does not apply to the costs for the outward shipment if the Customer effectively exercises their right of withdrawal. This does not apply to the return shipping costs if the Customer is not responsible for the circumstance that led to the impossibility of delivery or if they were temporarily prevented from accepting the offered service, unless the Seller had announced the service to them a reasonable time in advance.

5.3 Self-collection is not possible for logistical reasons.

5.4 The provision of digital content to the Customer takes place exclusively in electronic form as follows:

• by download
• by email
• by direct access via the Seller's website

5.5 Vouchers will be made available to the Customer as follows:

- by email

5.6 License keys will be made available to the Customer as follows:

• by download
• by email
• by display on the screen

5.7 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the non-delivery is not the fault of the Seller and the Seller has concluded a specific covering transaction with the supplier with the necessary care. The Seller will make all reasonable efforts to procure the goods. In the event of unavailability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded immediately.

6) Granting of Usage Rights for License Keys

6.1 The provided license key entitles the Customer to use the software or the content as described in the respective product description.

6.2 The granting of rights becomes effective only when the Customer has fully paid the due remuneration.

7) Granting of Usage Rights for Digital Content

7.1 Unless otherwise stated in the content description in the Seller's online shop, the Seller grants the Customer the non-exclusive, geographically and temporally unlimited right to use the provided content for private as well as professional purposes.

7.2 The transfer of the content to third parties or the creation of copies for third parties outside the GTC is prohibited unless the Seller has agreed to the transfer of the contractual license to third parties.

7.3 The granting of rights according to § 158 Abs. 1 BGB becomes effective only when the Customer has fully paid the contractually agreed remuneration. The Seller may provisionally permit the use of the contractual content before this time. A transfer of rights does not occur through such provisional permission.

8) Retention of Title

If the Seller performs in advance, they retain ownership of the delivered goods until full payment of the owed purchase price has been made.

9) Warranty

9.1 Unless otherwise specified, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:

9.2 If the Customer acts as a merchant

• the Seller can choose the type of subsequent performance,
• for new goods, the limitation period for claims for defects is one year from delivery of the goods,
• for used items, rights and claims due to defects are excluded,
• the limitation period does not start anew if a replacement delivery occurs within the framework of liability for defects.

9.3 The aforementioned limitations of liability and shortening of limitation periods do not apply

• to claims for damages and reimbursement of expenses by the Customer,
• if the Seller has fraudulently concealed the defect,
• for items that have been used in accordance with their usual use for a building and have caused its defectiveness,
• for any existing obligation of the Seller to provide updates for digital products from contracts for the delivery of goods with digital elements.

9.4 Furthermore, for merchants, the statutory limitation periods for any statutory recourse claims remain unaffected.

9.5 If the Customer is a merchant within the meaning of § 1 HGB, they are subject to the commercial inspection and notification obligation according to § 377 HGB. If the Customer fails to comply with the notification obligations regulated there, the goods are deemed approved.

9.6 If the Customer acts as a consumer, they are requested to report any transport damage immediately to the carrier and inform the Seller of this. If the Customer fails to do so, this has no effect on their statutory or contractual claims for defects.

10) Redemption of Promotional Vouchers

10.1 Vouchers that are issued free of charge by the Seller as part of promotions with a specific validity period and that cannot be purchased by the Customer (hereinafter "Promotional Vouchers") can only be redeemed in the Seller's online shop and only within the specified period.

10.2 Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher.

10.3 Only one promotional voucher can be redeemed per order.

10.4 The value of the goods must at least correspond to the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.

10.5 If the value of the promotional voucher is not sufficient to cover the order, the Customer can choose one of the other payment methods offered by the Seller to settle the difference.

10.6 The balance of the promotional voucher will neither be paid out in cash nor will it accrue interest.

10.7 The promotional voucher will not be refunded if the Customer returns the goods paid for in whole or in part with the promotional voucher within the framework of their statutory right of withdrawal.

10.8 The promotional voucher is transferable. The Seller can perform with discharging effect to the respective holder who redeems the promotional voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity, or lack of representation authority of the respective holder.

11) Redemption of Gift Vouchers

11.1 Vouchers that can be purchased through the Seller's online shop (hereinafter "Gift Vouchers") can only be redeemed in the Seller's online shop unless otherwise stated in the voucher.

11.2 Gift vouchers and remaining balances of gift vouchers are redeemable until the end of the third year after the year of voucher purchase. Remaining balances will be credited to the Customer's voucher account.

11.3 Gift vouchers can only be redeemed before the completion of the ordering process. A subsequent offsetting is not possible.

11.4 Only one gift voucher can be redeemed per order.

11.5 Gift vouchers can only be redeemed for the purchase of goods and not for the purchase of further gift vouchers.

11.6 If the value of the gift voucher is not sufficient to cover the order, the Customer can choose one of the other payment methods offered by the Seller to settle the difference.

11.7 The balance of a gift voucher will not be paid out in cash and will not accrue interest.

11.8 The gift voucher is transferable. The Seller can perform with discharging effect to the respective holder who redeems the gift voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the ineligibility, legal incapacity, or lack of representation authority of the respective holder.

12) Applicable Law

12.1 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 to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

12.2 This choice of law does not apply with respect to the statutory right of withdrawal for consumers who, at the time of the conclusion of the contract, do not belong to a member state of the European Union and whose sole residence and delivery address at the time of the conclusion of the contract are outside the European Union.

13) Jurisdiction

If the Customer acts as a merchant, a legal entity under public law, or a public law special fund with its registered office in the territory of the Federal Republic of Germany, the exclusive jurisdiction for all disputes arising from this contract is the Seller's place of business. If the Customer has their registered office outside the territory of the Federal Republic of Germany, the Seller's place of business is the exclusive jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. However, in the aforementioned cases, the Seller is entitled to call upon the court at the Customer's place of business in any case.

14) Code of Conduct

14.1 The Seller meets the quality standards "EHI-certified online shop of the EHI Retail Institute GmbH", which can be viewed at http://www.shopinfo.net/haendler/kriterien/index.html.

14.2 The Seller meets the quality standards of Trusted Shops, which can be viewed at www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf

15) Alternative Dispute Resolution

15.1 The EU Commission provides the following link to the OS platform on its website: https://ec.europa.eu/consumers/odr.

This platform is intended to be a contact point for the out-of-court settlement of disputes arising from online purchase and service contracts concluded between consumers and entrepreneurs.

15.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.