Preamble
The general terms and conditions determine the contractual relationship between Inscale GmbH & Co.KG (as Inscale), Lauterenstrasse 37, D-55116 Mainz and the customer.
I. Contractual Parties
The contracting parties within the scope of these terms and conditions are Inscale and the customer. Inscale only conducts such contracts with persons who are of age or are a legal entity.
II. Subject Matter of Contract
1. The customer is able to place their order via email or over the internet.
2. On www.presentationload.de Inscale offers with their Online shop PowerPoint templates, graphics, sample slides and software which can be purchased over the internet. The customer can download, save, edit and print out the purchased services, products and templates. Only these services, products and templates that the customer has purchased via download are subject matter of this contract.
3. Subject matter of this contract for Inscale and the customer are the terms and conditions as well as the provided services, products and templates which are available on www.presentationload.de. All contracts that the customer concludes with Inscale over the internet or by any other means are subject to these terms and conditions. The customer explicitly accepts these terms and conditions when placing the order.
4. Inscale provides over its portal services of third parties. In the case that the customer purchases any service or product from this third party the contract is exclusively concluded between the third party and the customer
III. Conclusion of the contract
1. The contract between Inscale and the customer is concluded when the customer clicks on the button “Buy” within the purchase process. The confirmation email with the download link which is sent to the customer after the order has been completed is not a condition for the conclusion of the contract.
2. The services, products and templates which are provided via download and which the customer selects are the subject matter of this contract.
3. For the conclusion of the contract it is irrelevant whether the purchased services, products and templates meet the individual requirements of the customer.
4. Inscale reserves the right to reject a customers request for ordering services, products and templates without having to give any reason.4. Inscale reserves the right to reject a customers request for ordering services, products and templates without having to give any reason.
IV. Prices
1. The download of the services, products and templates is subject to charge as far it is not marked as being free of charge.
2. The prices that are displayed at the time of the order are those that are valid for the customer.
3. The prices include all payable taxes.
4. Should the customer require the services, products or templates to be sent in another way than download the customer must pay the forwarding charges.
5. All costs that the customer incurs for the download of the services, products and templates such as internet charges are to be paid by the customer.
V. Duties and obligations of the customer
Data
The customer is solely responsible that all data that is provided for the conclusion of this contract and for the use of the services and products is accurate and correct. The customer is obliged in the case that any provided data is or becomes incorrect to either update the data online on the customer account or to contact Inscale via email or in written form and provide them with all necessary details.
Passwords
1. The customer has the option to register as a customer. In this case the customer can log on with the email and a chosen password. The password that the customer chooses may include a combination of letters and / or numbers. Inscale has no knowledge of your password.
2. The password that the customer chooses is for their sole personal use and is not to be made available to third parties. The customer has the responsibility to make sure that no third party can gain access to the password. In the case the customer suspects that an unauthorised person has gained access to the password then the customer must immediately change the password.
VI. Usage Rights
1. The services, products and templates that the customer has purchased can be copied, edited, saved and used by the customer for their commercial and industrial use.
2. The customer is prohibited from providing the purchased services, products and templates to third parties against payment or free of charge. Furthermore the customer is prohibited from transferring these usage rights to third parties.
3. Integral part of these terms and conditions are also the usage rights which customer can view on the website. These usage rights form part of the contract between Inscale and the customer. The customer should contact Inscale if they have any doubts in regards to the use of these services, products and templates.
VII. Warranty
The customer is obliged to immediately inform Inscale of any complaints in regards to the purchased services, products and templates and if possible within a period of 14 days via email or in written form after the customer has observed the deficiency. The lapse of the above period has no affects on the statutory rules on warranty.
The warranty is in accordance with the statutory regulations and in the case a deficiency has been detected then the customer has the choice of a further delivery or an improvement of the services, products and templates.
VIII. Revocation
The customer has no right to revoke as in accordance with § 312d (4) Nr. 1 BGB (German Civil Code) the provided services, products and templates are not suitable for restitution. In the case that the customer has not received the download link via email or for any other reason is not able to download the purchased services, products and templates then the customer needs to contact Inscale. In this case Inscale will resend the email free of charge.
IX. Disturbances
1. The customer is to ensure that Inscale is not subject to any disturbances or that its services are impaired. This particularly applies to Inscale providing and sending the services, products and templates to the customer. The customer is to ensure that no complaints of commercial nuisance are to be made against Inscale when it provides services, products and templates for the customer.
2. Inscale reserves the right to stop and shut down certain services (such as email contact) indefinitely when dealing with technical difficulties. The service may be shut down for all customers to protect them from possible dangers such as viruses. The service also may be shut down only for certain customers who may represent a danger for Inscale.
X. Violation of customers duties
Inscale excludes all liability for damages that are due to the customer violating their duties and obligations and which could have been avoided if the customer had fulfilled those duties and obligations.
XI. Liability
1. The customer has sole liability towards any third party.
2. The provided services, products and templates are available as a file size and type in form of a download as in their description. In the case that the customer for any reason is not able to access or open the download link in the email then the customer has no entitlement for the delivery by any other means or in a different file size or type.
3. The customer has the responsibility to ensure that the technical requirements are available to download the purchased services, products and templates and to open, edit and save the files that have been downloaded.
4. Inscale provides the customer, without any legal obligation, with information notices and on the website and a telephone help line in office hours. All advice that is provided is without any contractual obligation. Inscale therefore excludes all liability for damage that the customer may suffer using this service except in cases where Inscale has acted with gross negligence or intent.
5. Inscale endeavours to provide its customers with services, products and templates that are complete, accurate and up-to-date but is not obliged to fulfil this. This particularly applies to geographical and political accuracy of the maps. The customer has no retroactive right to ask for new services, products and templates when they are no longer accurate or current.
6. The liability for deficiencies and warranty of Inscale is in accordance with statutory rules in the case the customer has properly placed their notice. This does not affect the excluded liabilities laid out in these terms and conditions.
7. Inscale excludes all liability for services, products and templates that are offered by third parties over www.presentationload. This particularly applies to the software which can be purchased.
8. Inscale excludes any further liability for damages which have not been caused by the purchased services, products and templates as well as any claims for lost earnings or other financial loss by the customer.
XII. Data Protection
1. All personal data which the customer provides to Inscale is solely used in relation to the contractual relationship between the parties. Should Inscale want to use the personal data of the customer for any other means which extend beyond this they will seek an additional consent of the customer.
2. All data that is kept on the customer meets all statutory requirements and data protection laws. Personal data of the customer may be passed onto third parties in the case that they are involved in processing the order or provided any other form of assistance to the customer (e.g. technical customer support help line)
XIII. Payment Methods
Inscale accepts MasterCard, Visa and American Express. The payable sum will be taken after the ordered services, products and templates have been sent to the customer. The credit card details are only kept until the order has been concluded.
For security issues to protect the personal data provided by the customer Inscale uses the encryption and security software SSL (Secure Socket Layer). With this procedure the customer data such as the name, address and credit card number are encrypted and securely transferred over the internet.
XIV. Alteration terms and conditions, services and prices 1. Inscale reserves the right to make alterations to the terms and conditions and special agreements reached between the parties.
2. Inscale has the right to make the alterations to the terms and conditions with a six week notice. The customer shall be informed of any alterations via email or in written form. The customer is made aware of the fact that if there is no objection to the new terms and conditions via email or in written form within a period of six weeks then it becomes automatically part of any contractual dealings between the parties.
3. In the case that the customer objects to the new terms and conditions then both parties are entitled to terminate the contract via email or in written form in accordance with the statutory rules.
4. Inscale reserve the right to alter and change the prices of the services, products and templates and specifications of products and services at any given time.
XV. Retention of title
The services, products and templates that have been provided remain the property of Inscale until full payment has been made.
XVI. Severability Clause
Should any provision be or become void either wholly or in part, this shall not affect the validity of the remaining provisions.
XVII. Miscellaneous
1. The customer can only transfer the rights and obligations of this contract to a third party with the prior written consent of Inscale.
2. The applicable laws are the national laws of the Federal Republic of Germany barring the application of the UN Convention on the International Sale of Goods (CISG). The CISG is also excluded where the order has been placed from overseas or the services, products and templates have been delivered outside Germany.
3. Inscale does not recognise any amendatory or supplementary general terms and conditions of the customer.
4. The place of jurisdiction for the contracting parties is Mainz.
5. Inscale reserve the right to file claims against the customer at any other court of their choice.
