General Terms and Conditions for Digital Products
General Terms and Conditions for Digital Products
Here you will find our current GTC for Digital Products (Online Services, Persona Profiler, Sedcards and E-Books).
Rippler Media GmbH
E-mail: stefan et rippler-verlag.de
1. scope of application
These general terms and conditions apply to contracts for the delivery of digital products (in particular persona-sedcards, downloads, online services and eBooks) of Rippler Media GmbH not located on physical data carriers by the orderer - hereinafter referred to as the customer - within the scope of the user contracts concluded with the customer.
They apply in addition to our General Terms and Conditions.
2 Right of withdrawal for consumers in contracts on the use of digital content
Consumers are generally entitled to a statutory 14-day right of withdrawal in distance contracts (contracts in which the entrepreneur or a person acting in his name or on his behalf and the consumer exclusively use means of distance communication for the contract negotiations and the conclusion of the contract). A consumer within the meaning of Section 13 of the German Civil Code (BGB) is any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed.
Expiry of the right of withdrawal
Pursuant to Section 356 (5) of the German Civil Code (BGB), your right of revocation shall expire if Rippler Media GmbH has commenced performance of the contract after you
- have expressly consented to our commencing performance of the contract prior to the expiry of the revocation period and
- have confirmed that you were aware that your consent would cause you to lose your right of revocation upon commencement of performance of the contract.
3. data protection
Personal inventory and usage data of the customer are collected, processed and used in machine-readable form within the scope of the purpose of the contractual relationship.
The personal data will be used by Rippler Media GmbH exclusively for the purpose of fulfilling the contract. The customer can obtain information about the data stored about him/her at any time. Rippler Media GmbH treats this information confidentially and does not pass it on to third parties, with the exception of partner companies that require the data to process the order or for the technical implementation of the use of the online service. Further information on this can be found in our data protection declaration.
4. online services
The Persona Profiler is to be understood as an online service - a compilation of database works which can be accessed online by means of access data for the duration of the user contract and used to create a Persona Sedcard. This can be downloaded below as a PDF.
4.1 Access data, technical requirements
4.1.1 The customer receives individual access data (user name and password) from Rippler Media GmbH after conclusion of a contract of use by means of which he can log in to the password-protected online service by way of remote data transmission - as a rule this takes place 2 working days after receipt of payment for the order placed. This access data entitles him to use the online service within the framework of his contract of use.
4.1.2 The customer must create the individual technical requirements for access to the online service and its use, also in the event of further development of the software platform or other technical system components by Rippler Media GmbH, in particular to provide the necessary hardware and operating system software, internet connection and an up-to-date browser. Rippler Media GmbH will provide the customer with information about the browser to be used in each case on request.
4.2 Rights of use
4.2.1 The customer receives the contractually agreed simple right to use the Persona Profiler, which is limited to the duration of the usage contract and is not transferable to third parties.
4.2.2 The retrieved contents and documents may only be used by the customer for his own use. Any commercial use, in particular the selling, renting, leasing or lending of programmes or documents, both in printed and file form, is not permitted. The permanent storage of substantial amounts of data for the production of one's own systematic collections is not permitted.
4.3 Secrecy and misuse of access data
4.3.1 The access data provided to the customer exclusively entitles him/her as a contractual partner to use the online service and must be kept secret by him/her. Unauthorised use by third parties is prohibited and must be prevented by the customer.
4.3.2 The customer is liable for any misuse for which he is responsible. Rippler Media GmbH has the right to block access to the online service. If the customer becomes aware of misuse of the access data, he is obliged to inform Rippler Media GmbH immediately.
4.4 Scope of services, periods of unavailability
4.4.1 Rippler Media GmbH is responsible for the connection of its servers to the Internet and must ensure accessibility, e.g. through suitable contracts with its provider.
4.4.2 The online services can generally be used seven days a week, 24 hours a day. Use with reasonable response times is assured. When a new Pesona Sedcard is created, the filling of the Sedcard with data requires two full working days - Saturdays excepted. Rippler Media GmbH strives for an availability of the online services of 98.5 % on an annual average.
4.4.3 Periods of unavailability are not included in the determination of downtime.
188.8.131.52 as a result of a lack of technical requirements to be provided by the customer for access to and use of the online service,
184.108.40.206 as a result of faults in the data transmission network, or
220.127.116.11 due to force majeure, such as power failures or grid disturbances,
18.104.22.168 due to routine or necessary maintenance or updating measures.
4.5 Reservation of right of modification
Rippler Media GmbH reserves the right to change the contents of the online service at any time, in particular to reduce or expand the scope of the service.
4.6 Costs and terms of payment
4.6.1 Rippler Media GmbH charges the customer the one-off price shown on the pricing overview page as remuneration. All prices are final prices in euros and include the statutory value added tax.
4.6.2 Unless otherwise agreed, the usage fee is due for payment by Paypal without deduction on the due date stated after the order has been placed. The invoice shall be issued no later than two working days (except Saturdays) after the order.
4.6.3 The customer has the option to pay via PayPal. To be able to pay with the online payment service PayPal, a PayPal account is required. Further information on this can be found at www.paypal.com.
4.6.4 Notwithstanding No. 4.5, Rippler Media GmbH may increase the remuneration due to cost increases incurred. The customer shall be notified of the adjustment to the remuneration. In this case, the customer shall have an immediate special right of termination.
4.7 Warranty for defects, notification of defects
4.7.1 A material defect exists if the online service does not have the agreed quality and the contractual use is consequently not possible or only possible to a limited extent. The agreed quality results exclusively from the description on the Persona-Institut website, from advertising materials or FAQs.
4.7.2 The customer must notify Rippler Media GmbH immediately of any defects or faults that occur by means of a comprehensible, written description of the defect. After receipt of the defect description in text form, Rippler Media GmbH will rectify rectifiable defects within a reasonable period of time for the individual case.
4.7.3 The customer is only entitled to extraordinary termination if the defect cannot be remedied by Rippler Media GmbH within a reasonable period of time in the individual case. In all other respects, the statutory provisions shall apply.
4.8 Limitation of liability
4.8.1 Rippler Media GmbH takes the usual care in the selection, maintenance and up-to-dateness of the contents of the online services. Insofar as Rippler Media GmbH is dependent on the supply of texts by third parties, Rippler Media GmbH accepts no liability for the accuracy, up-to-dateness and completeness of the content provided and its selection and compilation.
4.8.2 For damages due to injury to life, body or health, in the case of intent or gross negligence on the part of Rippler Media GmbH, a legal representative or vicarious agent, as well as for damages covered by a granted guarantee or assurance, Rippler Media GmbH is liable in accordance with the statutory provisions.
4.8.3 In the event of slight negligence, Rippler Media GmbH shall only be liable for compensation for foreseeable damage typical for this type of contract and only insofar as an obligation, the proper fulfilment of which is a prerequisite for the execution of this contract and on the observance of which the contractual partner could rely (cardinal obligation), has been breached by Rippler Media GmbH, a legal representative or vicarious agent. Otherwise, liability is excluded to the extent permitted by law.
4.9.1 The digital contents and online services in question are database works specially produced by Rippler Media GmbH, specifically databases within the meaning of Sections 4 (2), 87a (1) UrhG. The associated computer programs are protected by sections 69a et seq. of the Copyright Act.
4.9.2 Rippler Media GmbH is the rights holder with regard to all other elements of the databases, in particular with regard to the rights of use and ancillary copyrights to content and documents.
5. e-books and downloads
5.1 Upon completion of an order process via persona-institut.de, the customer receives the simple, non-transferable right to use an e-book or download for exclusively personal use in accordance with the Copyright Act in the manner offered in each case - regardless of whether the download was free of charge or subject to a charge.
5.2 The right of use begins as soon as Rippler Media GmbH has made the download option available to the customer. This is done by sending an e-mail to the e-mail address provided by the customer and registered with Rippler Media GmbH.
5.3 This email contains a link to download the download. The download link is available for a period of 14 days.
5.4 The customer himself is responsible for transferring the file to his end device in good time before the expiry of this period and for protecting the file there by means of security measures (e.g. backup).
5.5 The transfer of downloads to various computers or mobile end devices of the customer is permitted for personal use. Furthermore, it is not permitted to change the content or editorial content of downloads in any way or to use modified versions, to copy them for third parties, to make them publicly accessible or to forward them, to post them on the Internet or in other networks against payment or free of charge, to imitate them, to resell them or to use them for commercial purposes.
5.7 A further transfer of the rights to third parties is excluded.
6.1 Place of performance is Wertheim.
6.2 The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
6.3 If the customer is a merchant or a person under public law or if the customer does not have a permanent place of residence in Germany, the place of jurisdiction for legal disputes arising from or in connection with this contract shall be Wertheim.
6.4 Rippler Media GmbH does not participate in dispute resolution proceedings before a consumer arbitration board.
6.5 Ancillary agreements, amendments or supplements must be in writing in order to be effective, as must the waiver of the written form requirement.
6.6 Should any of these provisions be or subsequently become invalid, this shall not affect the validity of the provisions as a whole.