1. Scope of application
2. Conclusion of contract
3. Prices and terms of payment
4. Delivery and shipping conditions
5. Granting of rights of use for digital content
6. Right of revocation
7. Retention of title
8. Liability for defects
9. Indemnification in case of violation of third party rights
10. Redemption of gift vouchers
11. Redemption of promotional vouchers
12. Applicable law
13. Place of jurisdiction
14. Information on online dispute resolution
1. Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of "FlowRow GmbH" (hereinafter referred to as "Seller") apply to all contracts that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller regarding the goods offered by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is objected to unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the delivery of digital content, unless and insofar as something different is expressly agreed.
1.3 Digital content within the meaning of these GTC shall be understood to mean all data not located on a tangible data carrier which has been produced in digital form and which is provided by the Seller in accordance with these GTC.
1.4 These GTC apply mutatis mutandis to the purchase of vouchers if and to the extent that nothing to the contrary is expressly provided for.
1.5 A consumer is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor self-employed.
1.6 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 his commercial or self-employed professional activity.
2 Conclusion of contract
2.1 The presentation of the goods, in particular in the online shop, does not constitute a binding offer by the Seller.
2.2 First, the customer places the selected goods in the shopping basket. In the following step, the ordering process begins, in which all necessary data for order processing are recorded.
At the end of the ordering process, a summary of the order and contract data appears. Only after confirming this order and contract data by clicking on the button concluding the order process does the customer submit a binding offer to purchase the goods contained in the shopping basket.
The customer may also submit this offer to the seller by fax, email, post or telephone.
2.3 The Seller accepts the Customer's offer by the following possible alternatives:
- sending a written order confirmation or an order confirmation in text form (fax or email)
or
- requesting payment from the customer after the order has been placed
or
- delivery of the ordered goods
Decisive for the time of acceptance is the first alternative that has occurred.
The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall constitute a rejection of the offer. The customer is then no longer bound by his declaration of intent.
2.4 If the payment method "Amazon Payments" is selected, the payment will be processed by the payment service provider Amazon Payments Europe s.c.a., 5 Rue Plaetis, L-2338 Luxembourg (hereinafter: "Amazon"). The Amazon Payments Europe user agreement applies here; this can be accessed at https://payments.amazon.de/help/201751590.
If the customer selects the payment method "Amazon Payments" for the payment of his purchase, he submits his offer by clicking the button that concludes the ordering process. If the customer also issues the payment order to Amazon at the same time by clicking this button, the seller declares acceptance of the customer's offer at the time of issuing the payment order, in deviation from the above regulations.
2.5 The text of the contract concluded between the Seller and the Customer will be stored by the Seller. The text of the contract is stored on the Seller's internal systems. The customer can view the General Terms and Conditions at any time on this page. The order data, the cancellation policy and the General Terms and Conditions shall be sent to the customer by email. After completion of the order, the text of the contract is accessible to the customer free of charge via his customer login, provided that he has opened a customer account.
2.6 All entries made are displayed before the order button is clicked and can be viewed by the customer before the order is sent and corrected by pressing the browser's back button or the usual mouse and keyboard functions. In addition, buttons for correction are available to the customer, if available, and are labelled accordingly.
2.7 The contractual language is German.
2.8 It is the customer's responsibility to provide a correct email address for contacting and processing the order, as well as to set the filter functions in such a way that emails relating to this order can be delivered.
3 Prices and terms of payment
3.1 The prices displayed are final prices including the statutory value added tax, unless otherwise agreed.
If additional shipping costs are incurred, this can be found in the product description.
3.2 If the delivery is made to a non-EU country, additional customs duties, taxes or fees may have to be paid by the customer to the customs or tax authorities responsible there or to credit institutions.
The customer is advised to enquire about the details with the respective institutions or authorities before placing the order.
3.3 The customer can select the payment methods available in the online shop.
3.4 In the case of advance payment by bank transfer, payment is due immediately after conclusion of the contract, unless otherwise agreed.
3.5 In the case of payment by "PayPal", payment is processed via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. The terms of use of PayPal apply. These can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
4 Delivery and shipping conditions
4.1 The delivery of goods by mail order shall be made to the delivery address specified by the customer. Deviating from this, in the case of payment by PayPal, the delivery address deposited by the customer with PayPal at the time of payment shall be decisive.
4.2 Delivery by freight forwarder shall be made "free kerbside", i.e. to the public kerbside nearest to the delivery address. This shall only apply if nothing to the contrary is stated in the Seller's shipping information and nothing else has been agreed.
4.3 If the Seller incurs additional costs due to the provision of an incorrect delivery address or an incorrect addressee or other circumstances that lead to the impossibility of delivery, these shall be reimbursed by the Customer, unless the Seller is not responsible for the incorrect information or impossibility. The same applies in the event that the customer was temporarily prevented from accepting the service, unless the seller has given him reasonable prior notice of the service. The costs of sending the goods are excluded from this regulation if the customer has effectively exercised his right of withdrawal. In this case, the statutory provision or the provision made by the Seller shall apply.
4.4 Self-collection is not offered.
4.5 Digital contents shall be provided to the customer exclusively in the following electronic form:
*by e-mail
*by download
4.6 Vouchers are provided to the customer in the following form:
*by e-mail
*by download
*postally
5 Granting of rights of use for digital contents
5.1 Unless otherwise stated in the information provided by the Seller in the online shop, the Seller grants the Customer the non-exclusive right, unlimited in time and place, to use the content provided for private purposes only.
5.2 Any transfer of the provided content to third parties or the creation of copies for third parties outside the scope of these GTC is prohibited. This shall not apply if the Seller has consented to the transfer of the licence to a third party or a third party.
5.3 Pursuant to Section 158 (1) of the German Civil Code (BGB), the granting of rights shall only become effective after full payment of the remuneration by the customer. The Seller may also provisionally permit the use of the licensed content prior to this point in time. However, such provisional permission does not constitute a transfer of rights and may be revoked at any time.
6 Right of revocation
6.1 If the customer is a consumer, he is generally entitled to a right of revocation.
6.2 The Seller's cancellation policy shall apply to the right of cancellation.
6.3 Consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract do not have a right of withdrawal.
7. Retention of title
Insofar as the Seller makes advance performance, the goods shall remain the property of the Seller until the purchase price has been paid in full.
8 Liability for defects
8.1 With regard to the warranty, the provisions of the statutory liability for defects shall apply unless otherwise agreed.
8.2 The customer is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the seller thereof. Failure to do so shall have no effect whatsoever on the customer's statutory or contractual claims for defects.
9 Indemnification in case of violation of third party rights
If, in addition to the delivery of the goods, the Seller also owes the Customer the processing of the goods in accordance with certain specifications of the Customer, the Customer shall ensure that the content provided to the Seller by the Customer for this purpose does not infringe the rights of third parties. The contracting parties agree that the customer shall indemnify the seller against claims of third parties in this context, unless the customer is not responsible for the infringement. The indemnity shall also include the assumption of the reasonable costs of the necessary legal defence, including all court costs and lawyers' fees, in the statutory amount. In the event of a claim by a third party, the customer is obliged to provide the seller immediately, completely and truthfully with all information required for the examination of the claims and a defence.
10 Redemption of gift vouchers
10.1 Gift vouchers that have been purchased via the Seller's online shop ("Gift Vouchers") can also only be redeemed in the Seller's online shop.
10.2 Gift Vouchers and remaining balances of Gift Vouchers may be redeemed until the end of the third year following the year of purchase of the Gift Voucher. Any remaining balances will be credited to the customer's Gift Voucher Account until the expiry date.
10.3 Gift Vouchers can only be redeemed before the order process is completed. Subsequent redemption will not take place.
10.4 Only one gift voucher can be redeemed per order. It is not possible to redeem more than one Gift Voucher in a single order.
10.5 Gift Vouchers can only be redeemed for the purchase of Goods.
The purchase of additional Gift Vouchers cannot be paid for by Gift Voucher.
10.6 If the value of a Gift Voucher is insufficient to pay for the relevant order, one of the other payment methods offered may be used to settle the difference.
10.7 Credit balances on Gift Vouchers will not be paid out and will not accrue interest.
10.8 Gift vouchers are generally transferable.
The Seller may make payment with discharging effect to the Customer redeeming the respective Gift Voucher. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the possible ineligibility, legal incapacity or lack of representative authority of the respective holder.
11 Redemption of promotional vouchers
11.1 Vouchers which the Seller issues free of charge as part of (promotional) campaigns with a specific period of validity and which the Customer cannot purchase ("promotional vouchers") can only be redeemed in the Seller's online shop and only during the period specified by the Seller.
11.2 Promotional Vouchers may only be redeemed by Consumers.
11.3 Individual products may be excluded from the voucher promotion.
The specific restrictions, if any, can be found on the promotional voucher.
11.4 Promotion vouchers can only be redeemed before the order process is completed. There will be no subsequent offsetting.
11.5 Only one promotional voucher can be redeemed per order. The redemption of several promotional vouchers in one order is not possible.
11.6 The value of the goods in the respective order must be at least the amount of the promotional voucher. Any remaining credit will not be refunded by the Seller.
11.7 If the value of a promotional voucher is not sufficient to pay for the respective order, one of the other payment methods offered can be used to settle the difference.
11.8 The credit balance of a promotional voucher is neither paid out nor does it earn interest.
11.9 The promotional voucher will also not be refunded if the customer returns the goods paid for in full or in part with the promotional voucher within the scope of his statutory right of revocation.
11.10 Promotion vouchers are generally transferable.
The Seller may make payment with discharging effect to the Customer redeeming the respective gift voucher. This shall not apply if the Seller has knowledge or grossly negligent ignorance of the possible ineligibility, legal incapacity or lack of representative authority of the respective holder.
12. Applicable law
12.1 The law of the Federal Republic of Germany shall apply to the exclusion of the laws on the international purchase of movable goods.
The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.
12.2 This choice of law made here does not apply with regard to the statutory right of withdrawal for consumers if they do not belong to a Member State of the European Union at the time of conclusion of the contract and their sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
13. Place of jurisdiction
If the customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller's registered office.
If the customer has its registered office outside the territory of the Federal Republic of Germany, the Seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if this contract or claims arising from this contract can be attributed to the customer's professional or commercial activity.
Nevertheless, in the aforementioned cases, the Seller is also entitled to bring an action before the court at the Customer's place of business.
14 Information on online dispute resolution
The platform for online dispute resolution of the EU Commission can be accessed on the Internet at the following link: https://ec.europa.eu/odr.
We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.