Terms of Service

Terms of contract within the framework of purchase contracts via the platform https://www.svenmalojlo.de

in between

Sven Malojlo
Dorfstr. 47b
16761 Hennigsdorf, Germany

– hereinafter referred to as ‘the supplier’ or “Licensor”

and

The users of this platform, referred to in § 2 of these Terms and Conditions – hereinafter referred to as “Customer / Customers”.

§ 1 Scope of application

For the business relationship between the supplier and the customer, the following general terms and conditions of business apply in their version valid at the time of the order. Deviating conditions of the customer are not recognized, unless the offerer expressly agrees to their validity in writing.

§ 2 Conclusion of contract

(1) The customer can select products from the assortment of the offerer and collect them by means of the button “into the shopping basket” in a so-called shopping basket. Using the “Buy now” button, he makes a binding request for the purchase of the goods in the shopping basket. Before sending the order, the customer can change and view the data at any time.

(2) The supplier then sends the customer an automatic acknowledgment of receipt by e-mail with the subject “Confirmation of your order with Sven Malojlo”, in which the order of the customer is re-listed and which the customer can print out using the “Print” function , The order of the customer (1) represents the offer to contract conclusion with the respective contents of the goods basket. The acknowledgment of receipt (order confirmation) represents the acceptance of the offer by the offerer. In this the contents of the order are summarized. In this e-mail or in a separate e-mail, but at the latest when the goods are delivered, the contract text (consisting of order, general terms and conditions and order confirmation) is sent to the customer by us on a durable data medium (e-mail or paper). The text of the contract is stored in compliance with data protection.

(3) The contract shall be concluded in the following languages: German, English.

§ 3 Delivery, goods availability, payment modalities

(1) Delivery times stated by us are calculated from the date of our order confirmation (§ 2 (2) of these terms and conditions), prior payment of the purchase price.

(2) If the product designated by the customer in the order is only temporarily unavailable, the supplier shall also immediately notify the customer thereof. In the event of a delivery delay of more than two weeks, the customer has the right to withdraw from the contract. In this case, the offerer is also entitled to cancel the contract. In this case, he will refund any payments already made by the customer without delay.

(3) The customer can make payment via PayPal.

(4) Payment of the purchase price is due immediately upon conclusion of the contract. If the payment is due according to the calendar, the customer is already in default by default.

§ 4 Reservation of title

The delivered goods remain the property of the supplier until full payment of the purchase price.

§ 5 Prices and shipping costs

(1) All prices, which are stated on the website of the offerer, are inclusive of the applicable legal value added tax.

§ 6 Malfeasance Guarantee

(1) The supplier is liable for material defects according to the applicable legal regulations, in particular §§ 434 ff. BGB. The warranty period for suppliers supplied by the supplier is 12 months.

§ 7 Liability

(1) Claims of the customer for damages are excluded. This excludes any claims for damages on the part of the customer resulting from injury to life, body, health or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages arising from an intentional or grossly negligent breach of duty by the supplier, his legal representatives or vicarious agents , Significant contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2) In the case of infringement of essential contractual obligations, the supplier is only liable for the contract-typical, foreseeable damage, if this was simply caused by negligence, unless the customer is claiming damages from a violation of life, body or health.

(3) The limitations of paragraphs (1) and (2) shall also apply to the legal representative and the vicarious agents of the supplier if claims are directly asserted against them.

(4) The provisions of the Product Liability Act shall remain unaffected.

§ 8 END USER LICENSE AGREEMENT (EULA) FOR DIGITAL PRODUCTS

This End User License Agreement (“EULA”) is a legal agreement between you (hereinafter referred to as “User” or “Licensee”) and [Your Company Name] (hereinafter referred to as “Licensor” or “Company”). By using, accessing, downloading, or installing any digital product or software developed, published, or distributed by [Your Company Name], you agree to be bound by the terms and conditions set forth in this EULA.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THE DIGITAL PRODUCT. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS EULA, YOU MUST NOT USE THE DIGITAL PRODUCT.

(1) GRANT OF LICENSE The Licensor grants the User a non-exclusive, non-transferable, limited license to use the digital product solely for personal or internal business purposes. The Licensee may install and use the digital product on a single device or workstation. This license does not grant you any rights to ownership, and all rights not expressly granted are reserved by the Licensor.

(2) PROHIBITED ACTIONS The User shall not, and shall not allow any third party to: a. Trade, sell, rent, lease, sublicense, distribute, or otherwise transfer the digital product or any portion of it to any third party. b. Share or distribute copies of the digital product, including but not limited to unauthorized duplication or file-sharing. c. Modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the digital product. d. Remove, alter, or obscure any copyright, trademark, or other proprietary notices contained in the digital product.

(3) SUPPORT AND UPDATES The Licensor may, at its sole discretion, provide updates, upgrades, or support for the digital product. Such updates and support may be subject to additional terms and conditions. The Licensee is not entitled to updates or support unless explicitly provided by the Licensor.

(4) INTELLECTUAL PROPERTY The digital product, including all associated intellectual property rights, is the exclusive property of the Licensor and is protected by copyright, trademark, and other laws. This license does not grant any ownership rights to the User.

(5) TERMINATION This license is effective until terminated. The Licensee may terminate it at any time by destroying all copies of the digital product. The Licensor may terminate this license if the User fails to comply with any of its terms and conditions. Upon termination, the User must cease all use of the digital product and destroy all copies in their possession.

(6) DISCLAIMER OF WARRANTY The digital product is provided “as is” without any warranty of any kind, whether express or implied. The Licensor makes no representations or warranties regarding the accuracy, reliability, or suitability of the digital product for a particular purpose. The User assumes all risks associated with the use of the digital product.

(7) LIMITATION OF LIABILITY In no event shall the Licensor be liable for any indirect, special, incidental, or consequential damages, including, but not limited to, loss of data, loss of profits, or business interruption, arising out of the use or inability to use the digital product.

(8) GOVERNING LAW This EULA shall be governed by and construed in accordance with the laws of germany. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this agreement.

(9) ENTIRE AGREEMENT This EULA constitutes the entire agreement between the User and the Licensor regarding the use of the digital product and supersedes all prior agreements, written or oral.

BY INSTALLING, ACCESSING, OR USING THE DIGITAL PRODUCT, THE USER ACKNOWLEDGES THAT THEY HAVE READ THIS EULA, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

§ 9 Notes on data processing

(1) The provider collects data of the customer within the framework of the processing of contracts. In doing so, he / she takes particular note of the provisions of the Federal Data Protection Act and the Telemedia Act. Without the consent of the customer, the provider will not use the customer’s data for purposes of advertising, market or opinion research.

§ 10 Final provisions

( 1) For contracts concluded between the supplier and the customer, the law of the Federal Republic of Germany applies to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods and of Private International Law (2) (3) The contract shall remain legally binding in the remaining parts of the contract even if the individual items are legally invalid. Instead of the ineffective points, the statutory regulations occur, if available. To the extent that this would represent an unreasonable hardship for a contractual party, the contract becomes ineffective in its entirety.