General Terms and Conditions (GTC)

Table of Contents

  1. Scope
  2. Conclusion of Contract
  3. Right of Withdrawal
  4. Prices and Payment Terms
  5. Shipping and Delivery Terms
  6. Granting Rights of Use for License Keys
  7. Granting Rights of Use for Digital Content
  8. Retention of Title
  9. Warranty
  10. Redeeming Promotional Vouchers
  11. Redeeming Gift Vouchers
  12. Applicable Law
  13. Place of Jurisdiction
  14. Code of Conduct
  15. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "Terms and Conditions") of Izonn GmbH (hereinafter "Seller") apply to all contracts concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller regarding the goods and/or services presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These Terms and Conditions apply accordingly to contracts for the delivery of physical data carriers that serve exclusively as carriers of digital content, unless stipulated otherwise in this respect. Digital content within the meaning of these Terms and Conditions means data created and provided in digital form.

1.3 These Terms and Conditions apply accordingly to the delivery of digital content, unless expressly stipulated otherwise. Digital content within the meaning of these Terms and Conditions means data created and provided in digital form.

1.4 These Terms and Conditions apply accordingly to the purchase of vouchers, unless expressly stipulated otherwise in this respect.

1,5 These Terms and Conditions apply accordingly to contracts for the delivery of vouchers, unless expressly stipulated otherwise in this respect.

1.6 These Terms and Conditions apply accordingly to contracts for the provision of license keys, unless otherwise agreed. In this respect, the seller is obliged to provide a license key for using the digital content or digital services described by the seller (hereinafter “digital products”) and to grant the contractually agreed rights of use for the respective digital products. The customer does not acquire any intellectual property rights to the digital product. The relevant product description provided by the seller determines the characteristics of the digital product.

1.7 A consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for a purpose that is predominantly outside their commercial or self-employed professional activity.

1.8 An entrepreneur within the meaning of these Terms and Conditions is a natural person, legal entity or legally capable partnership that, when concluding a legal transaction, acts in the course of its commercial or self-employed professional activity.

2) Conclusion of the contract

2.1 The product descriptions in the seller’s online shop do not constitute binding offers by the seller, but serve as a means for the customer to submit a binding offer.

2.2 The customer may submit an offer using the online order form integrated into the seller’s online shop. After placing the selected goods and/or services in the virtual shopping cart and completing the ordering process, the customer submits a legally binding contractual offer for the goods and/or services in the shopping cart by clicking the button that completes the ordering process. The customer may also submit the offer to the seller by fax, email or post.

2.3 The seller may accept the customer’s offer within five days,
by sending the customer a written order confirmation or an order confirmation in text form (fax or email), in which case receipt of the order confirmation by the customer is decisive, or
by delivering the ordered goods to the customer, in which case receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after the customer has placed their order.

If several of the foregoing alternatives apply, the contract is concluded at the time when one of the foregoing alternatives first occurs. If the seller does not accept the customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.

2.4 If the customer selects a payment method offered by PayPal, payment is processed by the payment service provider PayPal (Europe) S.à rl et Cie, S.CA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”). PayPal’s terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full?locale.x=en_DE shall apply or, if the customer does not have a PayPal account, the terms for payments without a PayPal account, available at https://www.paypal.com/uk/webapps/mpp/ua/privacywax-fullshall apply. If the customer pays using a PayPal payment method selectable during the online ordering process, the seller hereby accepts the customer’s offer at the time the customer clicks the button that completes the ordering process.

2.5 If the customer selects “Amazon Payments” as the payment method, payment processing is handled by the payment service provider Amazon Payments Europe S.CA, 38 Avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as “Amazon”).

If the customer selects “Amazon Payments” as the payment method during the online ordering process, they simultaneously issue a payment order to Amazon by initiating the payment transaction by clicking the button that completes the order process. In this case, the seller declares acceptance of the customer's offer when the customer initiates the payment transaction by clicking the button that completes the order process.

2.6 When an offer is submitted through the seller's online order form, the seller stores the contract text after the contract has been concluded and sends it to the customer in text form (e.g. by email, fax or letter) after the customer submits their order. The seller does not make the contract text available in any other way. If the customer has set up a user account in the seller's online shop before submitting their order, the order data will be archived on the seller's website and can be accessed by the customer free of charge through their password-protected user account using the relevant login details.

2.7 Before submitting the order through the seller's online order form, the customer can identify potential input errors by carefully reading the information displayed on the screen. One effective technical means of identifying input errors more easily may be the browser's zoom function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the order process.
The Customer can correct their entries at any time during the electronic ordering process using the usual keyboard and mouse functions, until they click the button that completes the order process.

2.8 Only German and English are available for concluding the contract.

2.9 Orders are generally processed and contact is made by email through automated order processing. The Customer must ensure that the email address provided for order processing is correct, so that emails sent by the Seller can be received at that address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information about the right of withdrawal can be found in the Seller’s withdrawal policy.

4) Prices and payment terms

4.1 Unless otherwise stated in the Seller’s product description, the prices shown are total prices and include statutory VAT. Any additional shipping costs are listed separately in the relevant product description.

4.2 Payment can be made using one of the payment methods specified in the Seller’s online shop.

4.3 If payment in advance by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.4 If the payment method purchase on account is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid in full within 14 (fourteen) days of receipt of the invoice, unless otherwise agreed. The Seller reserves the right to offer purchase on account only up to a certain order value and to reject this payment method if the stated order value is exceeded. In this case, the Seller will notify the Customer of the relevant payment restriction in the payment information in the online shop. The Seller also reserves the right to conduct a credit check when purchase on account is selected and to reject this payment method if the credit check is negative.

4.5 If the invoice payment method is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid in full within 30 (thirty) days of receipt of the invoice, unless otherwise agreed. The seller reserves the right to offer the invoice payment method only up to a certain order value and to refuse this payment method if the stated order value is exceeded. In this case, the seller will inform the customer of the applicable payment restriction in the payment information in the online shop. The seller also reserves the right to conduct a credit check when the invoice payment method is selected and to refuse this payment method if the credit check is negative.

4.6 If the payment method “PayPal Invoice” is selected, the seller assigns its payment claim to PayPal. Before accepting the seller’s assignment, PayPal conducts a credit check using the customer data provided. The seller reserves the right to refuse the “PayPal Invoice” payment method if the credit check is negative. If PayPal approves the “PayPal Invoice” payment method, the customer must pay the invoice amount to PayPal within 30 days of receiving the goods, unless PayPal specifies a different payment term. In this case, payment can only be made to PayPal with discharging effect. However, even if the claim is assigned, the seller remains responsible for general customer inquiries, e.g., about the goods, delivery time, shipping, returns, complaints, declarations of withdrawal and returned goods, or credits. The General Terms of Use for PayPal’s “Purchase on Account” payment method also apply; they can be viewed at https://www.paypal.com/de/webapps/mpp/ua/ppkar-tnc?locale.x=en_DE.

4.7 If the payment method “PayPal direct debit” is selected, PayPal will debit the invoice amount from the customer’s bank account on behalf of the seller once a SEPA direct debit mandate has been issued, but not before the advance notice period has expired. Advance notice is any communication to the customer (e.g., an invoice, insurance policy, or contract) announcing a SEPA direct debit. If the direct debit is not honored due to insufficient funds or incorrect bank details, or if the customer objects to the debit without being entitled to do so, the customer must pay any fees charged by the relevant credit institution for the chargeback, provided the customer is responsible for it.

4.8 If you select a payment method offered through the “PayPal” payment service, payment will be processed through PayPal, which may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods through PayPal that involve the customer paying at a later date (e.g., payment by invoice or payment in installments), the seller assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and expressly identified to the customer. Before accepting the seller’s declaration of assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the customer data provided. The seller reserves the right to refuse the customer’s selected payment method if the credit check returns a negative result. If the selected payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed installments. In this case, the customer may pay only PayPal or the payment service provider commissioned by PayPal to discharge their payment obligation. However, even if the claim is assigned, the seller remains responsible for general customer inquiries, e.g., about the goods, delivery time, shipping, returns, complaints, declarations and submissions of cancellation, or credits.

4.9 If you select a payment method offered through the “mollie” payment service, payment will be processed by the payment service provider Mollie BV, Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter “mollie”). The individual payment methods offered through mollie are shown to the customer in the seller’s online store. Mollie may use additional payment services to process payments, which may be subject to special payment terms. The customer will be informed separately of any such terms where applicable. Further information about “mollie” is available online at https://www.mollie.com/en/privacy

4.10 If you select “Sofortüberweisung” as your payment method, payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). To pay the invoice amount using “Sofortüberweisung,” the customer must have an online banking account enabled for use with “Sofortüberweisung,” authenticate themselves accordingly during the payment process, and confirm the payment instruction to “SOFORT.” The payment transaction is then carried out immediately, and the amount is debited from the customer’s bank account. The customer can find more information about the “Sofortüberweisung” payment method at https://www.klarna.com/sofort/.

5) Shipping and Delivery Terms

5.1 If the seller offers to ship the goods, delivery shall be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address stated in the seller’s order processing shall be authoritative for processing the transaction. Notwithstanding this, if the customer selects PayPal as the payment method, the delivery address stored with PayPal by the customer at the time of payment shall be authoritative.

5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs of the unsuccessful shipment. This does not apply to the delivery costs if the customer effectively exercises their right of withdrawal. This does not apply to the return costs if the customer is not responsible for the circumstances that made delivery impossible or was temporarily prevented from accepting the offered service, unless the seller had notified the customer of the service a reasonable time in advance.

5.3 Collection is not possible for logistical reasons.

5.4 Digital content is provided to the customer exclusively in electronic form as follows:

  • by download
  • by email
  • by direct access via the seller’s website

5.5 Vouchers are made available to the customer as follows:

- by email

5.6 License keys are made available to the customer as follows:

  • by download
  • by email
  • via on-screen display

5.7 The seller reserves the right to withdraw from the contract if it is not correctly or properly supplied by its own supplier. This applies only if the failure to deliver is not the seller’s responsibility and the seller has concluded a specific covering transaction with the supplier with due care. The seller will make all reasonable efforts to obtain the goods. If the goods are unavailable or only partially available, the customer will be informed without delay and any consideration paid will be refunded without delay.

6) Granting rights of use to license keys

6.1 The license key provided entitles the customer to use the software or content as described in the relevant product description.

6.2 The grant of rights shall take effect only once the customer has paid the full amount due.

7) Granting rights of use to digital content

7.1 Unless otherwise stated in the content description in the seller’s online shop, the seller grants the customer the non-exclusive, geographically and temporally unlimited right to use the provided content for private and professional purposes.

7.2 Passing the content on to third parties or making copies for third parties outside the scope of the GTC is prohibited, unless the seller has consented to the transfer of the license that is the subject of the contract to third parties.

7.3 The grant of rights under Section 158(1) of the German Civil Code (BGB) takes effect only once the customer has paid the contractually agreed remuneration in full. The seller may provisionally permit use of the content covered by the contract before then. Such provisional permission does not transfer any rights.

8) Retention of title

If the seller performs in advance, they reserve ownership of the delivered goods until the purchase price owed has been paid in full.

9) Guarantee

9.1 Unless otherwise specified, the statutory provisions on liability for defects apply. By way of derogation, the following applies to contracts for the supply of goods:

9.2 If the customer is acting as a merchant

  • the seller may choose the type of subsequent performance,
  • for new goods, the limitation period for claims for defects is one year from delivery of the goods,
  • for used items, rights and claims for defects are excluded,
  • the limitation period does not restart if a replacement delivery is made as part of the warranty for defects.

9.3 The above limitations of liability and reductions of limitation periods do not apply

  • claims for damages and reimbursement of expenses by the client,
  • if the seller fraudulently concealed the defect,
  • for items that have been used for a building in accordance with their customary purpose and have caused it to be defective,
  • any existing obligation of the seller to provide updates for digital products under contracts for the supply of goods with digital elements.

9.4 Furthermore, the statutory limitation periods for any statutory rights of recourse remain unaffected for merchants.

9,5 If the customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects under Section 377 HGB. If the customer fails to comply with the notification obligations set out therein, the goods are deemed to have been approved.

9.6 If the customer is acting as a consumer, they are asked to report any transport damage to the delivery person without delay and inform the seller. Failure to do so does not affect any of their statutory or contractual warranty claims.

10) Redeeming promotional vouchers

10.1 Vouchers issued free of charge by the seller as part of promotional campaigns for a specified period of validity, which cannot be purchased by the customer (hereinafter “promotional vouchers”), may be redeemed only in the seller’s online shop and only during the specified period.

10.2 Certain products may be excluded from the voucher promotion if the promotional voucher’s terms indicate such a restriction.

10.3 Only one promotional voucher can be redeemed per order.

10.4 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

10.5 If the value of the promotional voucher is not sufficient to cover the order, the customer may choose one of the other payment methods offered by the seller to pay the difference.

10.6 The promotional voucher balance is neither paid out in cash nor does it accrue interest.

10.7 The promotional voucher will not be refunded if the customer returns goods paid for in whole or in part with the promotional voucher under their statutory right of withdrawal.

10.8 The promotional voucher is transferable. The seller may discharge its obligations by providing the goods or services to the respective holder who redeems the promotional voucher in the seller’s online shop. This does not apply if the seller knows, or is grossly negligent in failing to know, that the respective holder is not entitled to redeem the promotional voucher, lacks legal capacity, or is not authorized to act as a representative.

11) Redeeming gift cards

11.1 Vouchers that can be purchased through the seller’s online shop (hereinafter “gift cards”) can only be redeemed in the seller’s online shop, unless otherwise indicated on the voucher.

11.2 Gift cards and remaining balances on gift cards can be redeemed until the end of the third year after the year in which the gift card was purchased. Remaining balances are credited to the customer’s gift card account.

11.3 Gift cards can only be redeemed before the order is completed. They cannot be applied retroactively.

11.4 Only one gift card can be redeemed per order.

11.5 Gift cards can only be redeemed for the purchase of goods, not for the purchase of other gift cards.

11.6 If the value of the gift card is not sufficient to cover the order, the customer may choose one of the other payment methods offered by the seller to pay the difference.

11.7 Gift card balances are not paid out in cash and do not accrue interest.

11.8 The gift card is transferable. The seller may discharge its obligations by providing the goods or services to the respective holder who redeems the gift card in the seller’s online shop. This does not apply if the seller knows, or is grossly negligent in failing to know, that the respective holder is not entitled to redeem the gift card, lacks legal capacity, or is not authorized to act as a representative.

12) Applicable Law

12.1 The laws of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws governing the international sale of movable goods. In the case of consumers, this choice of law shall apply only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

12.2 With regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time of conclusion of the contract, are not resident in a member state of the European Union and whose sole place of residence and delivery address at the time of conclusion of the contract are outside the European Union.

13) Place of Jurisdiction

If the customer is a merchant, a legal entity under public law, or a special fund under public law domiciled in the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activities. In the foregoing cases, however, the seller is in any event entitled to bring proceedings before the court at the customer's place of business.

14) Code of Conduct

14.1 The seller meets the quality standards of “EHI-certified online shop of EHI Retail Institute GmbH,” available at http://www.shopinfo.net/haendler/kriterien/index.html.

14.2 The seller meets the quality standards of Trusted Shops, available at www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf

15) Alternative Dispute Resolution

15.1 The EU Commission provides the following link to the ODR platform on its website: https://ec.europa.eu/consumers/odr.

This platform is intended to serve as a point of contact for the out-of-court settlement of disputes arising from online purchase and service contracts concluded between consumers and businesses.

15.2 The seller is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.