Terms and Conditions

General terms and conditions and customer information

I. General Terms and Conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Franz Fischer, Marec Braun) via the waistly.de website. Unless otherwise agreed, the inclusion of any terms and conditions you may use is hereby excluded.

(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of digital content (data created and provided in digital form).

(2) By placing the respective digital content on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.

(3) The contract is concluded via the online shopping cart system as follows:
The digital content you intend to purchase is stored in your "shopping cart." You can access the "shopping cart" and make changes there at any time using the corresponding button in the navigation bar. After clicking the "Checkout" or "Continue to Order" button (or similar) and entering your personal information and payment terms, the order details will be displayed as an order overview.

If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay) as your payment method, you will either be redirected to the order overview page in our online shop or to the website of the instant payment system provider. If you are redirected to the respective instant payment system, you can make the appropriate selections or enter your data there. Finally, the order details will be displayed as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.

Before submitting your order, you have the opportunity to review the information in the order overview, change it (also via the "back" function of your internet browser) or cancel the order.

By submitting the order via the corresponding button ("order with payment", "buy" / "buy now", "order with payment", "pay" / "pay now" or similar designation), you declare your legally binding acceptance of the offer, whereby the contract is concluded.
(4) Your requests for a quote are non-binding. We will submit a binding offer in text form (e.g., by email), which you can accept within 5 days (unless a different deadline is specified in the respective offer).

(5) The processing of orders and the transmission of all information required in connection with the conclusion of the contract are partially automated via email. You must therefore ensure that the email address you have provided us with is correct, that receipt of emails is technically guaranteed, and, in particular, that it is not blocked by spam filters.

§ 3 License for use of digital content

(1) The digital content offered is protected by copyright. You will receive a license for each piece of digital content purchased from us from the respective licensor. The type and scope of the license are determined by the license terms specified in the respective offer.

§ 4 Special agreements on offered payment methods

(1) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout," payment processing will be carried out by the payment service provider PayPal (Europe) S.à.rl et Cie, SCA (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" will be displayed to you under a correspondingly labeled button on our website and during the online ordering process. "PayPal" may use other payment services for payment processing; if special payment terms apply, you will be informed separately. Further information about "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full (https://www.paypal.com/de/webapps/mpp/ua/legalhub-full).

§ 5 Right of retention

You can only exercise a right of retention if the claims arise from the same contractual relationship.


§ 6 Warranty

(1) The statutory liability for defects applies.

(2) If a feature of the digital content deviates from the objective requirements, the deviation shall only be deemed to have been agreed if you were informed of this by us before the contractual declaration was made and the deviation was expressly and separately agreed between the contracting parties.

(3) If you are an entrepreneur, the following applies, deviating from the above warranty provisions:

a) Only our own information and the manufacturer's product description are deemed to be agreed upon as the quality of the digital content, but not other advertising, public praise and statements by the manufacturer.

b) In the event of defects, we will provide warranty at our discretion through repair or replacement. If the remedy fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. Remedy of the defect shall be deemed to have failed after a second unsuccessful attempt, unless otherwise indicated, particularly due to the nature of the digital content or the defect, or other circumstances.

c) The warranty period is one year from delivery of the digital content. This reduction does not apply:
- damages attributable to us resulting from injury to life, body or health and other damages caused intentionally or through gross negligence;
- to the extent that we have fraudulently concealed the defect or have provided a guarantee for the quality of the digital content;
- in the case of items which have been used for a building in accordance with their usual purpose and which have caused its defectiveness;
- in the case of statutory recourse claims that you have against us in connection with warranty rights.
§ 7 Choice of law

(1) German law shall apply. For consumers, this choice of law shall apply only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country of the consumer's habitual residence (favorability principle).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.



II. Customer information

1. Identity of the seller

Franz Fischer
Holbeinstrasse 1
04229 Leipzig
Germany
Email: waistlyde@gmail.com

Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/odr ( https://ec.europa.eu/odr ).

We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the conclusion of the contract

The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the provisions "Conclusion of the contract" of our General Terms and Conditions (Part I).

3. Contract language, contract text storage

3.1 The contract language is German.

3.2. We do not save the complete contract text. Before submitting the order, the contract details can be printed out using the browser's print function or saved electronically. After we receive the order, the order details, the legally required information for distance selling contracts, and the General Terms and Conditions will be sent to you again via email.

3.3. For inquiries outside the online shopping cart system, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.

4. Essential characteristics of the goods or services

The essential characteristics of the goods and/or services can be found in the respective offer.

5. Prices and payment terms

5.1. The prices and shipping costs listed in the respective offers represent total prices. They include all price components, including all applicable taxes.

5.2. There are no shipping costs.

5.3. The payment methods available to you are indicated under a correspondingly labelled button on our website or in the respective offer.

5.4 Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.

6. Provision

6.1. The conditions for provision, the provision date and any existing provision restrictions can be found under a correspondingly labelled button on our website or in the respective offer.

7. Statutory liability for defects

Liability for defects is governed by the "Warranty" provision in our General Terms and Conditions (Part I).

These terms and conditions and customer information were prepared by the lawyers of the Händlerbund, who specialize in IT law, and are continuously reviewed for legal compliance. Händlerbund Management AG guarantees the legal certainty of the texts and assumes liability in the event of cease-and-desist letters. Further information can be found at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service (https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service).

last updated: 29.11.2023