General Terms and Conditions with Customer Information

Table of contents

1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Provision of content
6. Grant of rights of use
7. Contract term and termination of subscription contracts
8. Liability for defects
9. Applicable law
10. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "Terms") of Frank Sticht, trading as "Frank Sticht - Flanko" (hereinafter "we/us"), apply to all contracts for the provision of digital content that you conclude with us as a consumer or as a trader (hereinafter "you") regarding the content described in our online shop. We hereby object to the inclusion of your own terms and conditions unless we have agreed otherwise with you.

1.2 You are a consumer within the meaning of these Terms if you enter into a legal transaction for purposes that are predominantly outside your trade, business or self-employed profession.

1.3 You are a trader within the meaning of these Terms if you are a natural or legal person or a partnership with legal capacity acting in the exercise of your trade, business or self-employed profession when concluding a legal transaction.

1.4 Depending on the content description, the subject matter of the contract may be either the one-off provision of digital content or the regular provision of digital content (hereinafter "subscription contract"). Under a subscription contract, we undertake to provide you with the contractually owed digital content for the duration of the agreed contract term at the contractually agreed intervals.

2) Conclusion of contract

2.1 The content described in our online shop does not constitute binding offers on our part but serves as an invitation for you to submit a binding offer.

2.2 You can submit your offer via the online order form integrated into our online shop. After placing the selected content in the virtual shopping cart and going through the electronic ordering process, you submit a legally binding offer to conclude a contract for the content in the shopping cart by clicking the button that completes the ordering process.

2.3 We may accept your offer within five days

• by sending you a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by you is decisive, or
• by providing you with the ordered content, or
• by requesting payment from you after you have placed your order.

If several of the above alternatives apply, the contract is concluded at the time when one of the above alternatives first occurs. The period for accepting your offer begins on the day after you send your offer and ends at the end of the fifth day following the sending of the offer. If we do not accept your offer within the aforementioned period, this shall be deemed a rejection of your offer, with the result that you are no longer bound by your declaration of intent.

2.4 If you submit an offer via our online order form, we will store the contract text after the contract has been concluded and send it to you in text form (e.g. email, fax or letter) after you have sent your order. We do not make the contract text accessible beyond this. If you have set up a user account in our online shop before sending your order, your order data will be archived on our website and can be accessed by you free of charge via your password-protected user account using your login data.

2.5 Before bindingly submitting your order via our online order form, you can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognising input errors can be the zoom function of your browser, which enlarges the display on the screen. During the electronic ordering process, you can correct your entries using the usual keyboard and mouse functions until you click the button that completes the ordering process.

2.6 The German language is available for the conclusion of the contract.

2.7 Orders are generally processed by email. You must ensure that the email address you provide for processing the order is correct so that you can receive the emails we send to this address. In particular, when using spam filters, you must ensure that all emails sent by us or by third parties commissioned by us to process the order can be delivered to you.

3) Right of withdrawal

Consumers are generally entitled to a right of withdrawal. Further information on the right of withdrawal can be found in our cancellation policy.

4) Prices and payment terms

4.1 The prices stated by us are total prices and include statutory VAT.

4.2 For payments in countries outside the European Union, additional costs may arise in individual cases for which we are not responsible and which are to be borne by you. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees).

4.3 The payment options will be communicated to you in our online shop.

4.4 If you select the payment method direct debit via Stripe, payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). In this case, Stripe will collect the invoice amount from your bank account on our behalf after a SEPA direct debit mandate has been issued, but not before the deadline for prior notification has expired. Prior notification ("pre-notification") is any communication (e.g. invoice, policy, contract) from us to you announcing a debit by SEPA direct debit. If the direct debit is not honoured due to insufficient funds in the account or because incorrect bank details were provided, or if you object to the debit even though you are not entitled to do so, you must bear the fees charged by the respective credit institution for the chargeback if you are responsible for this. We reserve the right to carry out a credit check when the SEPA direct debit payment method is selected and to refuse this payment method if the credit check is negative.

4.5 If you select the payment method credit card via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment is processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to carry out a credit check and to refuse this payment method if the credit check is negative.

5) Provision of content

Digital content is provided to you as follows:

- via direct access through our website

6) Grant of rights of use

6.1 Unless otherwise stated in the content description in our online shop, we grant you the non-exclusive right to use the provided content for private and commercial purposes.

6.2 Passing the content on to third parties or making copies for third parties outside the scope of these Terms is not permitted unless we have consented to a transfer of the contractual licence to the third party.

6.3 Insofar as the contract relates to the one-off provision of digital content, the grant of rights only becomes effective once you have paid the contractually owed remuneration in full. We may provisionally permit use of the contractual content before this time. Such provisional permission does not result in a transfer of rights.

7) Contract term and termination of subscription contracts

7.1 Subscription contracts are concluded for an indefinite period and can be terminated by you at the end of each month.

7.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists if, taking into account all circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed end or until the expiry of a notice period.

7.3 Terminations can be made in writing, in text form (e.g. by email) or electronically via the termination function (cancellation button) provided by the trader on its website.

8) Liability for defects

The statutory liability for defects applies.

9) Applicable law

The law of the Federal Republic of Germany applies to all legal relationships between you and us, excluding the laws on the international sale of movable goods. If you act as a consumer, this choice of law only applies insofar as the protection granted to you is not withdrawn by mandatory provisions of the law of the state in which you have your habitual residence.

10) Alternative dispute resolution

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