Terms of service
Table of Contents
1. Scope of Application
2. Conclusion of the Contract
3. Right to Cancel
4. Remuneration
5. Provision of Digital Content
6. Granting Rights of Use for Digital Content
7. Liability for Defects
8. Applicable Law
9. Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the
company Enable 3D GmbH (hereinafter referred to as "Licensor") apply to all contracts
for the delivery of data which is not contained on a tangible medium and which is
produced and supplied in digital form (digital content), which a consumer or a trader
(hereinafter referred to as "Licensee") concludes with the Licensor with regard to the
digital content presented by the Licensor in his online shop. The inclusion of the
Licensee's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 The subject of the contract is the provision of digital content offered by the Licensor
to the Licensee in electronic form granting certain rights of use regulated specifically in
these GTC.
1.3 A consumer pursuant to these GTC is any natural person concluding a legal
transaction for a purpose attributed neither to a mainly commercial nor a self-employed
occupational activity. A trader pursuant to these GTC is any natural or legal person or
company with legal personality acting in the performance of a commercial or
self-employed occupational activity when concluding a legal transaction
2) Conclusion of the Contract
2.1 The content displayed in the Licensor’s online shop does not constitute a binding
offer on the part of the Licensor, but is merely a description which allows the Licensee to
submit a binding offer.
2.2 The Licensee may submit the offer via the online order form integrated into the
Licensor' online shop. In doing so, after having placed the selected content in the virtual
basket and passed through the ordering process, and by clicking the button finalizing
the order process, the Licensee submits a legally binding offer of contract with regard to the content contained in the virtual basket.
2.3 The Licensor may accept the Licensee’s offer within five days,
- by transferring a written order confirmation or an order confirmation in written form
(fax or e-mail), insofar as receipt of order confirmation by the Licensee is decisive, or
- by providing the Licensee with the ordered intent, insofar as receipt of the content by
the Licensee is decisive, or
- by requesting the Licensee to pay after placing his order.
The contract shall be concluded at the time when one of the aforementioned
alternatives firstly occurs. Should the Licensor not accept the Licensee's offer within the
aforementioned period of time, this shall be deemed as rejecting the offer, with the
effect that the Licensee is no longer bound by his statement of intent.
2.4 The period for acceptance of the offer shall commence on the day following the date
on which the offer is submitted by the Licensee and shall end on the fifth day following
the date on which the offer is submitted.
2.5 When submitting an offer via the Licensor's online order form, the text of the
contract is stored by the Licensor after the contract has been concluded and transmitted
to the Licensee in text form (e.g. e-mail, fax or letter) after the order has been sent. The Licensor shall not make the contract text accessible beyond this. If the Licensee has set
up a user account in the Licensor's online shop prior to sending his order, the order data
shall be stored on the Licensor's website and can be accessed by the Licensee free of
charge via his password-protected user account by specifying the corresponding login
data.
2.6 Prior to submitting a binding order via the online order form, the licensee may
continuously correct his entries via the usual keyboard and mouse functions. In addition,
all entries are displayed again in a confirmation window prior to the submission of a
binding order and can also be corrected there using the usual keyboard and mouse
functions.
2.7 The contractual language is German or English.
2.8 Order processing and contacting usually take place via e-mail and automated
order processing. It is the Licensee’s responsibility to ensure that the e-mail address he
provides for the order processing is accurate so that e-mails sent by the Licensor can be
received at this address. In particular, it is the Licensee`s responsibility, if SPAM filters
are used, to ensure that all e-mails sent by the Licensor or by third parties
commissioned by the Licensor with the order processing can be delivered.
3) Right to Cancel
Consumers are entitled to the right to cancel. Detailed information about the right to
cancel is provided in the Licensor’s instruction on cancellation.
4) Remuneration
4.1 For the granting of rights to the respective contents, the Licensor shall receive a
flat-rate license fee, the amount of which shall be determined in the respective article
description.
4.2 Prices indicated by the Licensor are total prices and include the statutory
value-added tax.
4.3 For payments in countries outside the European Union, additional costs may be
incurred in individual cases for which the Licensor is not responsible, and which are to
be borne by the Licensee. These include, for example, costs for the transfer of money by
credit institutions (e.g. transfer fees, exchange rate fees).
4.4 The Licensee has various payment options at his disposal, which are specified in the
Licensor's online shop.
4.5 When choosing a payment method offered via the payment service "Shopify
Payments", payment will be processed via the payment service provider Shopify
International Limited, Victoria Buildings, 2nd floor, 1-2 Haddington Road, Dublin 4, D04
XN32, Ireland (hereinafter referred to as "Shopify"). The individual payment methods
offered via Shopify are communicated to the Licensee in the Licensor's online shop.
Shopify may use other payment services to process payments, which may be subject to special payment terms, to which the Licensee may be separately referred. Further
information on "Shopify Payments" can be found at https://www.shopify.com/payments.
5) Provision of Digital Content
The content is exclusively provided in electronic form by e-mail or by download from the
Licensor's website.
6) Granting Rights of Use for Digital Content
6.1 Unless otherwise stated in the contents description contained in the Licensor's
online shop, the Licensor grants the Licensee the non-exclusive, temporarily and
regionally unlimited right to use the supplied content for private and business purposes.
6.2 Passing on of content or the production of copies to third parties outside the
framework of these GTC is prohibited, unless the Licensor has consented to the transfer
of the license covered by this contract to third parties.
6.3 The granting of rights will only be legally valid once the Licensee has paid in full the
sum owned. The Licensor may provisionally permit the use of digital content covered by
this contract already prior to that date. Such a provisional permit does not lead to a
transfer of rights.
7) Liability for Defects
The statutory liability for defects shall apply.
8) Applicable Law
8.1 The law of the Federal Republic of Germany shall apply to all legal relationships
between the parties under exclusion of the laws governing the international purchase of
movable goods. For consumers, this choice of law only applies to the extent that the
granted protection is not withdrawn by mandatory provisions of the law of the country,
in which the consumer has his habitual residence.
8.2 If the Licensee is a businessman, a legal entity of public law or a separate estate
under public law with its seat in the territory of the Federal Republic of Germany, the
Licensor’s place of business shall be the sole place of jurisdiction for all legal disputes
arising from this contract. If the Licensee is domiciled outside the territory of the Federal
Republic of Germany, the Licensor’s place of business shall be the sole place of
jurisdiction for all legal disputes arising from this contract provided that the contract or
claims from the contract can be assigned to the Licensee’s professional or commercial
activities. In any event however, regarding the aforementioned cases the Licensor is
entitled to appeal to the court which has jurisdiction over the area where the Licensee’
place of business is located.
9) Alternative Dispute Resolution
9.1 The EU Commission provides on its website the following link to the ODR platform:
https://ec.europa.eu/consumers/odr.
This platform shall be a point of entry for out-of-court resolutions of disputes arising
from online sales and service contracts concluded between consumers and traders.
9.2 The Licensor is not obliged to use ADR entities to resolve disputes with consumers,
but he is in principle ready for this.Enable 3D GmbH
Mainzer Landstr. 220
60327 Frankfurt am Main
Germany
Phone: +49 (0) 69 76895647
E-Mail: hello@enable-3d.com
Register Court: Frankfurt Local Court
Registration number: 127837
Managing Director: Manuel Siskowski
EU Commission platform for online dispute resolution: https://ec.europa.eu/odr
We are not obligated to participate in a dispute resolution procedure before a consumer arbitration board, but we are willing to do so.
1. Scope of Application
2. Conclusion of the Contract
3. Right to Cancel
4. Remuneration
5. Provision of Digital Content
6. Granting Rights of Use for Digital Content
7. Liability for Defects
8. Applicable Law
9. Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the
company Enable 3D GmbH (hereinafter referred to as "Licensor") apply to all contracts
for the delivery of data which is not contained on a tangible medium and which is
produced and supplied in digital form (digital content), which a consumer or a trader
(hereinafter referred to as "Licensee") concludes with the Licensor with regard to the
digital content presented by the Licensor in his online shop. The inclusion of the
Licensee's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 The subject of the contract is the provision of digital content offered by the Licensor
to the Licensee in electronic form granting certain rights of use regulated specifically in
these GTC.
1.3 A consumer pursuant to these GTC is any natural person concluding a legal
transaction for a purpose attributed neither to a mainly commercial nor a self-employed
occupational activity. A trader pursuant to these GTC is any natural or legal person or
company with legal personality acting in the performance of a commercial or
self-employed occupational activity when concluding a legal transaction
2) Conclusion of the Contract
2.1 The content displayed in the Licensor’s online shop does not constitute a binding
offer on the part of the Licensor, but is merely a description which allows the Licensee to
submit a binding offer.
2.2 The Licensee may submit the offer via the online order form integrated into the
Licensor' online shop. In doing so, after having placed the selected content in the virtual
basket and passed through the ordering process, and by clicking the button finalizing
the order process, the Licensee submits a legally binding offer of contract with regard to the content contained in the virtual basket.
2.3 The Licensor may accept the Licensee’s offer within five days,
- by transferring a written order confirmation or an order confirmation in written form
(fax or e-mail), insofar as receipt of order confirmation by the Licensee is decisive, or
- by providing the Licensee with the ordered intent, insofar as receipt of the content by
the Licensee is decisive, or
- by requesting the Licensee to pay after placing his order.
The contract shall be concluded at the time when one of the aforementioned
alternatives firstly occurs. Should the Licensor not accept the Licensee's offer within the
aforementioned period of time, this shall be deemed as rejecting the offer, with the
effect that the Licensee is no longer bound by his statement of intent.
2.4 The period for acceptance of the offer shall commence on the day following the date
on which the offer is submitted by the Licensee and shall end on the fifth day following
the date on which the offer is submitted.
2.5 When submitting an offer via the Licensor's online order form, the text of the
contract is stored by the Licensor after the contract has been concluded and transmitted
to the Licensee in text form (e.g. e-mail, fax or letter) after the order has been sent. The Licensor shall not make the contract text accessible beyond this. If the Licensee has set
up a user account in the Licensor's online shop prior to sending his order, the order data
shall be stored on the Licensor's website and can be accessed by the Licensee free of
charge via his password-protected user account by specifying the corresponding login
data.
2.6 Prior to submitting a binding order via the online order form, the licensee may
continuously correct his entries via the usual keyboard and mouse functions. In addition,
all entries are displayed again in a confirmation window prior to the submission of a
binding order and can also be corrected there using the usual keyboard and mouse
functions.
2.7 The contractual language is German or English.
2.8 Order processing and contacting usually take place via e-mail and automated
order processing. It is the Licensee’s responsibility to ensure that the e-mail address he
provides for the order processing is accurate so that e-mails sent by the Licensor can be
received at this address. In particular, it is the Licensee`s responsibility, if SPAM filters
are used, to ensure that all e-mails sent by the Licensor or by third parties
commissioned by the Licensor with the order processing can be delivered.
3) Right to Cancel
Consumers are entitled to the right to cancel. Detailed information about the right to
cancel is provided in the Licensor’s instruction on cancellation.
4) Remuneration
4.1 For the granting of rights to the respective contents, the Licensor shall receive a
flat-rate license fee, the amount of which shall be determined in the respective article
description.
4.2 Prices indicated by the Licensor are total prices and include the statutory
value-added tax.
4.3 For payments in countries outside the European Union, additional costs may be
incurred in individual cases for which the Licensor is not responsible, and which are to
be borne by the Licensee. These include, for example, costs for the transfer of money by
credit institutions (e.g. transfer fees, exchange rate fees).
4.4 The Licensee has various payment options at his disposal, which are specified in the
Licensor's online shop.
4.5 When choosing a payment method offered via the payment service "Shopify
Payments", payment will be processed via the payment service provider Shopify
International Limited, Victoria Buildings, 2nd floor, 1-2 Haddington Road, Dublin 4, D04
XN32, Ireland (hereinafter referred to as "Shopify"). The individual payment methods
offered via Shopify are communicated to the Licensee in the Licensor's online shop.
Shopify may use other payment services to process payments, which may be subject to special payment terms, to which the Licensee may be separately referred. Further
information on "Shopify Payments" can be found at https://www.shopify.com/payments.
5) Provision of Digital Content
The content is exclusively provided in electronic form by e-mail or by download from the
Licensor's website.
6) Granting Rights of Use for Digital Content
6.1 Unless otherwise stated in the contents description contained in the Licensor's
online shop, the Licensor grants the Licensee the non-exclusive, temporarily and
regionally unlimited right to use the supplied content for private and business purposes.
6.2 Passing on of content or the production of copies to third parties outside the
framework of these GTC is prohibited, unless the Licensor has consented to the transfer
of the license covered by this contract to third parties.
6.3 The granting of rights will only be legally valid once the Licensee has paid in full the
sum owned. The Licensor may provisionally permit the use of digital content covered by
this contract already prior to that date. Such a provisional permit does not lead to a
transfer of rights.
7) Liability for Defects
The statutory liability for defects shall apply.
8) Applicable Law
8.1 The law of the Federal Republic of Germany shall apply to all legal relationships
between the parties under exclusion of the laws governing the international purchase of
movable goods. For consumers, this choice of law only applies to the extent that the
granted protection is not withdrawn by mandatory provisions of the law of the country,
in which the consumer has his habitual residence.
8.2 If the Licensee is a businessman, a legal entity of public law or a separate estate
under public law with its seat in the territory of the Federal Republic of Germany, the
Licensor’s place of business shall be the sole place of jurisdiction for all legal disputes
arising from this contract. If the Licensee is domiciled outside the territory of the Federal
Republic of Germany, the Licensor’s place of business shall be the sole place of
jurisdiction for all legal disputes arising from this contract provided that the contract or
claims from the contract can be assigned to the Licensee’s professional or commercial
activities. In any event however, regarding the aforementioned cases the Licensor is
entitled to appeal to the court which has jurisdiction over the area where the Licensee’
place of business is located.
9) Alternative Dispute Resolution
9.1 The EU Commission provides on its website the following link to the ODR platform:
https://ec.europa.eu/consumers/odr.
This platform shall be a point of entry for out-of-court resolutions of disputes arising
from online sales and service contracts concluded between consumers and traders.
9.2 The Licensor is not obliged to use ADR entities to resolve disputes with consumers,
but he is in principle ready for this.Enable 3D GmbH
Mainzer Landstr. 220
60327 Frankfurt am Main
Germany
Phone: +49 (0) 69 76895647
E-Mail: hello@enable-3d.com
Register Court: Frankfurt Local Court
Registration number: 127837
Managing Director: Manuel Siskowski
EU Commission platform for online dispute resolution: https://ec.europa.eu/odr
We are not obligated to participate in a dispute resolution procedure before a consumer arbitration board, but we are willing to do so.
