General Terms and Conditions

§ 1 Validity, Definitions

(1) Dominik Neugebauer, Rhönstr. 1 B, 44807 Bochum, Germany (hereinafter referred to as ‘we’ or ‘Dominik Neugebauer’) operates an online shop for goods and digital products on the website https://dk-wcs.de/judging-tool/. The following general terms and conditions apply to all services between us and our customers (hereinafter referred to as ‘customer’ or ‘you’) in their version valid at the time of the order, unless otherwise expressly agreed.

(2) A “consumer” within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to 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 is endowed with the ability to acquire rights and incur liabilities.

§ 2 Conclusion of Contracts, Storage of Contract Text

(1) The following regulations on the conclusion of the contract apply to orders placed through our online shop at https://dk-wcs.de/judging-tool/.

(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 rules apply: The customer submits a binding offer to contract by successfully completing the order procedure provided in our online shop. The order is placed in the following steps:

1. Selection of the desired goods or digital products,
2. Adding the products by clicking the corresponding button (e.g., ‘Add to Cart’, ‘Add to Shopping Bag’, etc.),
3. Reviewing the information in the shopping cart,
4. Accessing the order summary by clicking the corresponding button (e.g., ‘Proceed to Checkout’, ‘Continue to Payment’, ‘Go to Order Summary’, etc.),
5. Entry/verification of address and contact details, selection of payment method, confirmation of terms and conditions and cancellation policy,
6. If the agreed condition of the goods deviates from their usual condition and prerequisites for use, confirmation of a negative quality agreement,
7. Completing the order by clicking the ‘Buy Now’ button. This represents your binding order.
8. The contract is concluded when you receive an order confirmation from us via email to the address provided within three working days.

(4) In the event of a contract conclusion, the contract is made with Dominik Neugebauer, Rhönstr. 1 B, 44807 Bochum, Germany.

(5) Before placing the order, the contract data can be printed out or electronically saved using the browser’s print function. The processing of the order and 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 cancellation policy, is carried out by email after you have triggered the order, partly automated. We do not store the contract text after conclusion of the contract.

(6) Input errors can be corrected using the usual keyboard, mouse, and browser functions (e.g., browser’s ‘Back’ button). They can also be corrected by prematurely aborting the ordering process, closing the browser window, and repeating the process.

(7) The processing of the order and transmission of all information necessary in connection with the conclusion of the contract is carried out by email, partly automated. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and in particular 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 goods. You can find the specifically offered goods on our product pages.
2. The sale of digital goods, e.g., software or media downloads. You can find the specific digital goods offered on our product pages.

(2) If a contract for goods with digital elements or for digital products (digital content and services) is concluded with a consumer and the statutory obligation to update is not effectively excluded by contract, functional updates and necessary security updates are also subject to the contract.

(3) The essential characteristics of the goods and digital products can be found in the product description. If the agreed quality of the goods deviates from their usual quality and conditions of use, this is expressly pointed out in the product description (negative quality agreement). If the customer has given their express consent to the negative quality deviation, this defines the subject matter of the contract.

(4) For the sale of digital products, the restrictions apparent from the product description or otherwise resulting from the circumstances apply, in particular to hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject of the contract is only the private and commercial use of the products without the right to resell or sublicense.

§ 4 Prices, Shipping Costs, and Delivery

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

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 an appropriately labeled button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due immediately.

In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective item is marked as free of shipping costs. The shipping costs will be clearly communicated to you on the offers, in the shopping cart system if applicable, and on the order summary.

(4) All products offered are ready for immediate dispatch (delivery time: maximum 10 working days after receipt of payment), unless clearly stated otherwise in the product description.

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

If the delivery of the goods fails for reasons for which you are responsible, you shall bear the reasonable costs incurred by us as a result. This does not apply to the costs for the outward shipment if you effectively exercise your right of withdrawal. For the return shipping costs in case of effective exercise of the right of withdrawal by you, our regulation made in the cancellation policy applies.

§ 5 Updates, Upgrades, Consumer’s Obligations to Cooperate

(1) If a contract for goods with digital elements or for digital products (digital content and services) is concluded with a consumer and the statutory obligation to update is not effectively excluded by contract, updates will be regularly provided to the customer to ensure the functionality and (IT) security of the purchased item (e.g., security updates against new security threats, etc.).

(2) We are authorized to employ a third party (e.g., the manufacturer or its supplier) to provide the updates.

(3) The period during which updates are provided depends on the nature of the respective purchased item and is explained in the product description.

(4) Consumers will be informed about the provision of updates and their proper installation (email).

(5) The customer is obliged to properly install provided updates according to the installation instructions.

§ 6 Right of Retention, Reservation of Title

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

(2) The goods remain our property until the purchase price has been paid in full.

§ 7 Right of Withdrawal

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

§ 8 Contract Language

German is exclusively available as the contract language.

§ 9 Liability

Subject to the following exceptions, our liability for contractual breaches of duty and from tort is limited to intent or gross negligence.

We are liable without limitation in cases of slight negligence resulting in injury to life, body, health, or in case of breach of an essential contractual obligation. If we are in default of performance due to slight negligence, if performance has become impossible, or if we have breached an essential contractual obligation, liability for resulting property damage and financial losses is limited to the foreseeable damage typical for the contract. An essential contractual obligation is one whose fulfillment makes the proper execution of the contract possible in the first place, whose violation endangers the achievement of the purpose of the contract, and on whose compliance you may regularly rely. This includes, in particular, our obligation to act and fulfill the contractually owed service, which is described in § 3.

(3) If the customer fails to install an update for goods with digital elements or digital products (digital content and services) that has been provided to them and about which they have been informed within a reasonable period, we are not liable for any defect resulting solely from the lack of this update.

§ 10 Warranty

The warranty is governed by statutory provisions.

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

As a consumer, you are requested to promptly inspect the item/digital goods or the provided service upon fulfillment of the contract for completeness, obvious defects, and transport damage, and to notify us and the freight forwarder of any complaints as quickly as possible. Failure to do so will, of course, not affect your statutory warranty claims.

§ 11 Final Provisions/Dispute Resolution

(1) German law applies. For consumers, this choice of law only applies to the extent that it does not withdraw the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence (principle of favorability).

The provisions of the UN Sales Convention are expressly not applicable.

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 registered office of the provider.

(4) Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr findest. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.