§ 1 Scope; contract language; General
(1) These General Terms and Conditions (hereinafter “Terms”) govern your use of the Space Digital FZE, Address: Business Centre, Sharjah Publishing City Free Zone, Sharjah, United Arab Emirates, Formation Number: 4204697.01, Formation Number: 4204697, Authorized to represent: Husain Ali Mal Allah Al Lawati, (hereinafter “Digital Space”) via the website www.digitalspacestore.com (hereinafter “Online store”), through which you can buy templates and plugins and web services. All offers, purchases, deliveries in connection with orders via the online shop are subject to these terms in the relationship between Digital Space and the customer. The customer’s terms and conditions do not apply, even if we do not object to their validity in individual cases and/or provide services without reservation in the knowledge of the customer’s conflicting terms and conditions.
(2) Individual agreements made with the customer in individual cases (including ancillary agreements, additions and changes) always take precedence over these Terms. Subject to proof to the contrary, a contract or our confirmation in text form is decisive for the content of such agreements.
(3) Changes or additions to this contract as well as legally relevant declarations and notifications by the customer in relation to the contract (e.g. setting a deadline, notification of defects, termination, revocation or reduction) must be in text form (e.g. letter, e-mail, fax). This also includes a change or cancellation of this text form clause, unless the customer proves that the parties have knowingly waived this clause orally in knowledge of the text form agreement. Statutory formal requirements and other evidence, especially in the case of doubts about the legitimacy of the declarant, remain unaffected.
(4) The range of products in our online shop is aimed equally at consumers and entrepreneurs, but only at end users. For purposes of these Terms
i. A consumer is any natural person who concludes the contract for a purpose that cannot be attributed to their commercial or independent professional activity and
ii. an “entrepreneur” is a natural or legal person or a partnership with legal capacity who, when concluding the contract, is exercising their commercial or self-employed professional activity.
(5) These terms and conditions apply in the version valid at the time the contract is concluded and also apply to all future business transactions with entrepreneurs, even if they are not expressly agreed again.
(6) Contract language is English.
(7) The terms can be accessed and printed out in their currently valid version on the website www.digitalspacestore.com.
§ 2 contractual partners
Your contractual partner and user of these Terms is:
Company: Space Digital FZE, Address: Business Centre, Sharjah Publishing City Free Zone, Sharjah, United Arab Emirates
Email: hello@digitalspacestore.com
Tel: +971 0501671891
§ 3 Subject of the contract
(1) Digital Space offers its customers the purchase of eBooks, design templates or templates (hereinafter “templates”, “goods” or “products”) for eBay item descriptions, WordPress, websites, Amazon and plugins and web services. The customer is not entitled to the templates offered complying with future eBay guidelines unless Digital Space expressly states otherwise.
(2) The content and scope of other Digital Space services result directly from the respective service description at the time of the order.
§ 4 Conclusion of contract
(1) The offers in the Digital Space online shop are non-binding and subject to change.
(2) The customer can select services from our product range via our online shop and collect them in a so-called shopping cart by clicking on the “Buy” button. The customer then gets to an input mask in which he can create a customer account using a valid e-mail address. After completing the registration, the customer clicks on the “Create an account” button to go to the next input mask, in which the customer assigns a password. By clicking on the “Login” button, the customer is taken to the input mask for selecting the payment method in the next few steps. After selecting the payment method, the customer arrives at a final overview of his order. The customer can identify any input errors when submitting the order in the final confirmation before checkout and correct the order at any time. By clicking the “Buy” button, the customer makes a binding offer to order the products in the shopping cart. However, the offer can only be submitted and transmitted if the customer has accepted these terms and thereby included them in his offer by clicking on the button “I have read the terms and agree, I have taken note of the right of revocation”.
(3) Digital Space then sends the customer an automatic order confirmation by e-mail, in which the customer’s order is listed again. The contract is only concluded when Digital Space issues the declaration of acceptance, which is sent with this e-mail (order confirmation). In this e-mail, we will send the contract text (consisting of the order, general terms and conditions and order confirmation) to the customer on a permanent data medium (e-mail) together with a code for using the purchased digital products (license or product key) (confirmation of contract ).
(4) Using the license or product key, the customer can immediately activate and use the purchased digital products at the specified internet address.
(5) Only the English language is available for the conclusion of the contract.
(6) The main features of the products we offer and the period of validity of limited offers can be found in the individual product descriptions on our website.
§ 5 Storage of the text of the contract
The contractual provisions with information on the products ordered, including these terms and the cancellation policy, will be sent to you by e-mail upon acceptance of the contract offer. In addition, the complete text of the contract is stored by us and can be requested by you at any time.
§ 6 Cancellation policy for consumers
In the event that you are a consumer, i.e. conclude the contract for purposes that cannot be attributed to your commercial or self-employed professional activity, you have a right of revocation in accordance with the following provisions.
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RIGHT OF REVOCATION
right of revocation
You have the right to revoce from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract was concluded.
In order to exercise your right of revocation, you must inform us
Company: Space Digital FZE, Address: Business Centre, Sharjah Publishing City Free Zone, Sharjah, United Arab Emirates
Email: hello@digitalspacestore.com
Tel: +971 0501671891
by means of a clear statement (e.g. a letter sent by post, fax or e-mail) of your decision to revocation from this contract. You can use the attached model revocation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
In the case of a service contract, if you have requested that the services should begin during the cancellation period, you must pay us a reasonable amount which corresponds to the proportion of the up to the point in time at which you informed us of the exercise of the right of cancellation with regard to this contract, services already provided compared to the total scope of services provided for in the contract.
Exceptions to the right of revocation
The right of revocation expires prematurely in the case of a contract for the delivery of digital content that is not on a physical data carrier if Auction Template Pro has started to execute the contract after you have expressly consented to us starting to execute the contract before the end of the cancellation period and you have confirmed your knowledge that you lose your right of revocation by agreeing to the start of the execution of the contract.
The right of revocation also expires prematurely for contracts for services if Space Digital has provided them in full and you have acknowledged and expressly agreed before placing the order that we can start providing the service and you lose your right of revocation once the contract has been completely fulfilled.
END OF REVOCATION
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To exercise your right of revocation, you can use the following model revocation form, which is not mandatory.
Sample cancellation form
(If you want to revoke the contract, please fill out this form and send it back.)
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On
Company: Space Digital FZE, Address: Business Centre, Sharjah Publishing City Free Zone, Sharjah, United Arab Emirates
Email: hello@digitalspacestore.com
Tel: +971 0501671891
– I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ /
the provision of the following service (*)
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– Ordered on (*)/received on (*)
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– Name of consumer(s)
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
– Address of the consumer(s)
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
– Signature of the consumer(s) (only if notification is made on paper)
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
– Date
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
(*) Delete where not applicable.
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§ 7 Prices; Terms of Payment and Default
(1) The prices stated on the product pages are final prices.
(2) Invoices from Space Digital are due 1 day after invoicing.
(3) If the customer is in default, Space Digital is entitled to demand the statutory default interest (5 percentage points above the respective base interest rate for a consumer and 9 percentage points above the respective base interest rate for an entrepreneur). . Space Digital’s right to claim higher interest or further damage for another legal reason remains unaffected.
§ 8 Industrial property rights / granting of rights of use
(1) Space Digital is the owner of the copyright and other industrial property rights to the templates and other software and services provided and reserves all rights to the templates and other software if these are not granted to the customer in these Terms or through a supplementary license have been expressly granted.
(2) Space Digital is exclusively entitled to all rights to the source code of the templates and other software. The customer has no right to access to the source code or publication of the source code. Copyright law remains unaffected.
(3) The customer’s authority to remove references to the property or industrial property rights of Space Digital, in particular copyright references, in the supplied templates requires an express prior agreement with Space Digital.
§ 9 Reservation of the Granting of Rights
The granting of rights of use to the templates and other software supplied by Space Digital is subject to the condition precedent that the payment agreed for the transfer of the respective templates or other software has been paid in full.
§ 10 Ownership of material on our website
7.1 All trademarks, service marks, trade names, logos, copyright, and other intellectual property rights in our website and its content are owned by us or licensed. All such rights are protected by intellectual property laws around the world, and all rights are reserved. Any use of the website and its contents other than as authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by us.
7.2 The trademarks, service marks, trade names, logos, and other branding owned by third parties and used or displayed on or via our website (collectively, “Third Party Mark(s)”) may be trademarks of their respective owners, who may or may not endorse or be affiliated with or connected with us. Except as expressly provided in these Terms of Use, or in terms provided by the owner of a Third Party Mark, nothing in these Terms of Use or on or via the website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of our or any Third Party Marks that are used or displayed on the website, without the respective owner’s prior written permission, in each instance. All goodwill generated from the use of our trademarks will benefit us exclusively.
§ 11 Warranty
(1) The nature of the templates and other software and their suitability for use result from the product description.
(2) In relation to consumers, the warranty claims are based on the statutory provisions.
(3) In relation to entrepreneurs, the following provisions (i. and ii.) have priority over the statutory provisions:
i. As an entrepreneur, you must immediately examine the delivered goods for obvious defects and, if necessary, replace them. to rebuke. If you discover a defect, this must be reported immediately, at the latest within 5 working days, in text form with a precise description of the defect symptoms. This also applies to hidden defects discovered later from their discovery. After receipt of a proper notice of defects, Space Digital will, at its own discretion, carry out the subsequent improvement or deliver a replacement. The assertion of warranty claims is excluded in the event of a breach of the duty to examine and give notice of defects.
ii. The warranty claims for work services as well as warranty claims under commercial law, including claims for reimbursement of expenses and claims for damages, lapse, subject to a mandatory longer limitation period, within 12 months of acceptance (for work services) or delivery (for services under commercial law).
§ 12 Exclusion of resale for industrial or commercial purposes
All deliveries of goods based on orders via the online shop are made exclusively to end users. Unless otherwise agreed between us and the customer, the customer is prohibited from offering or reselling the delivered goods for industrial or commercial purposes.
§ 13 Data protection and use of customer data
(1) Space Digital reserves the right to process and store the customer’s data relating to the contractual relationship, insofar as this is necessary for the execution and processing of the contractual relationship and as long as Auction Template Pro is obliged to store this data due to legal regulations. In particular, the complete text of the contract is stored for the purpose of fulfilling the contract.
(2) The collection, transmission or other processing of the customer’s personal data for purposes other than those specified in this Section 14 shall not take place without your express prior consent.
Section 15 Online Dispute Resolution
The European Commission provides consumers with a platform for online dispute resolution (OS platform), which you can find at http://ec.europa.eu/consumers/odr/. Our e-mail address is: hello@spacedigitalstore.com We would like to point out that we are not obliged and not willing to participate in an out-of-court dispute settlement procedure before a consumer arbitration board.
§ 14 Applicable law, place of jurisdiction, place of performance
(1) Subject to mandatory international private law regulations, the law of the Federal Republic of Germany shall apply exclusively, excluding the UN Sales Convention. For consumers (§ 13 BGB), this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
(2) If the customer is a merchant or a legal entity under public law or a special fund under public law, the place of jurisdiction for lawsuits against Auction Template Pro is our place of business. The same applies if the customer does not have a general place of jurisdiction in Germany or the EU, is domiciled or if the usual place of residence is not known at the time the action is filed. This does not affect Auction Template Pro’s authority to call the court at another legal place of jurisdiction.
(3) In relation to entrepreneurs, the place of performance for all claims and obligations arising from the contractual relationship is Emirates.
Status: 01/03/2023
