Table of Contents
1. Scope of Application
2. Conclusion of the Contract
3. Right to Cancel
4. Prices and Payment Conditions
5. Shipment and Delivery Conditions
6. Rights of use to be granted for digital content
7. Reservation of Proprietary Rights
9. Redemption of gift vouchers
10. Applicable Law
11. Place of Jurisdiction
12. Alternative dispute resolution
1) Scope of Application
1.1 These General Terms and Conditions of the company Insoric Sales GmbH & Co. KG
(hereinafter referred to as «Seller”) shall apply to all contracts concluded between a
consumer or a trader (hereinafter referred to as «Client”) and the Seller relating to all
goods and/or services presented in the online shop of the Seller. The inclusion of the
Client’s own conditions is herewith objected to, unless other terms have been stipulated.
1.2 These General Terms and Conditions apply accordingly to the supply of digital
content, unless expressly agreed otherwise.
1.3 Regarding the purchase of vouchers, these Terms and Conditions shall apply
accordingly, unless expressly agreed otherwise.
1.4 A consumer pursuant to these Terms and Conditions is any natural person
concluding a legal transaction for a purpose attributed neither to a mainly commercial
nor a self-employed occupational activity. A trader pursuant to these Terms and
Conditions is any natural or legal person or partnership with legal capacity acting in the
performance of a commercial or self-employed occupational activity when concluding a
1.5 Digital content in the sense of these General Terms and Conditions are all data not
on a tangible medium which are produced in digital form and are supplied by the Seller
by granting certain usage rights precisely defined in these General Terms and
2) Conclusion of the Contract
2.1 The product descriptions in the Seller’s online shop do not constitute binding offers
on the part of the Seller, but merely serve the purpose of submitting a binding offer by
2.2 The Client may submit the offer via the online order form integrated into the Seller’s
online shop. In doing so, after having placed the selected goods and/or services in the
virtual basket and passed through the ordering process, and by clicking the button
finalizing the order process, the Client submits a legally binding offer of contract with
regard to the goods and/or services contained in the shopping cart. The Client may also
submit his offer to the Seller by telephone, fax, e-mail or postal service.
2.3 The Seller may accept the Client’s offer within five days,
— by transferring a written order confirmation or an order conformation in written form
(fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
— by delivering ordered goods to the Client; insofar receipt of goods by the customer is
— by requesting the Client to pay after he placed his order.
Provided that several of the aforementioned alternatives apply, the contract shall be
concluded at the time when one of the aforementioned alternatives firstly occurs.
Should the Seller not accept the Client’s offer within the aforementioned period of time,
this shall be deemed as rejecting the offer with the effect that the Client is no longer
bound by his statement of intent.
2.4 If the Client chooses «PayPal Express” when placing his order, payment processing
is handled by the payment service provider PayPal (Europe) S.a.r.l. et Cie, S.C.A., 22-24
Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”). The PayPal
In case the Client has no PayPal account, the conditions for payments without PayPal
account will apply which can be viewed at:
If the Client chooses “PayPal Express” as payment method, he initiates also a payment
order to PayPal by clicking the button finalizing the order process. In this case, the Seller
declares his acceptance of the Client’s offer already at the time when the Client initiates
the payment transaction by clicking the button finalizing the ordering process.
2.5 In case of an order via the Seller’s online order form, the text of the contract is
stored and sent to the Client in text form (e.g. e-mail, fax or letter) after the posting of
his order in addition to the available General Terms and Conditions. However, the text of
the contract can no longer be retrieved via the Seller’s website, after the Client has
submitted his order.
2.6 Prior to submitting a binding order via the Seller’s online order form, the Client may
recognize input errors by reading attentively the information displayed on the screen.
The enlargement function of the browser to enlarge the display on the screen may be an
effective method for better recognizing input errors.
The Client can correct all the data entered via the usual keyboard and mouse function
during the electronic ordering process, until he clicks the button finalizing the ordering
2.7 The German and the English language are exclusively available for the conclusion of
2.8 Order processing and contacting usually takes place via e-mail and automated order
processing. It is the Client’s responsibility to ensure that the e-mail address he provides
for the order processing is accurate so that e-mails sent by the Seller can be received at
this address. Particularly, it is the Client`s responsibility, if SPAM filters are used, to
ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller
with the order processing can be delivered.
2.9 When ordering data media unsuitable for minors (FSK or USK articles) [FSK=
voluntary self regulation body of the movie industry, USK= [German entertainment
software self-regulation], the ClientClient confirms by sending the order that he has
reached the legal minimum age requirement and he undertakes to ensure that only he
or an authorized adult person will receive the goods.
3) Right to Cancel
3.1 Consumers are entitled to the right to cancel.
3.2 Detailed informations about the right to cancel are provided in the Seller’s
instruction on cancellation.
3.3 The right to cancel does not apply to consumers, who are no nationals of a member
state of the European Union at the time of concluding the contract und whose exclusive
domicile and delivery address were located outside of the European Union at the time of
concluding the contract.
4) Prices and Payment Conditions
4.1 Unless otherwise stated in the Seller’s product description, prices indicated are total
prices including the statutory sales tax. Delivery costs, where appropriate, will be
indicated separately in the respective product description
4.2 Payment can be made using one of the methods mentioned in the Seller’s online
4.3 In case of delivery to countries outside the European Union, additional costs may
incur in individual cases for which the Seller is not responsible and which have to be
borne by the Client. This includes for example transfer fees charged by banking
institutes (transfer charges, exchange fees) or import duties or taxes (customs). Such
costs regarding money transfer may also incur, if delivery is not made in a country
outside the European Union and the Client carries out the payment from a country
outside the European Union.
4.4 If prepayment has been agreed upon, payment shall be due immediately upon
conclusion of the contract
4.5 When payments are made using a payment method offered by PayPal, handling of
payments takes place via the payment service provider PayPal ((Europe) S.a. r.l. et Cie,
S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter called “PayPal”) subject
In case the client has no PayPal account, the conditions applicable for payments without
PayPal account will be effective. They can be viewed at:
5) Shipment and Delivery Conditions
5.1 Goods are generally delivered on dispatch route and to the delivery address
indicated by the Client, unless agreed otherwise. During the processing of the
transaction, the delivery address indicated in the Seller’s order processing is decisive.
However, in case the Client selects the payment method PayPal, the delivery address
deposited with PayPal at the date of payment shall be decisive.
5.2 Should the assigned transport company return the goods to the Seller, because
delivery to the Client was not possible, the Client bears the costs for the unsuccessful
dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the
delivery cannot be made due to circumstances beyond the Client’s control or if he has
been temporarily impeded to receive the offered service, unless the Seller has notified
the Client about the service for a reasonable time in advance.
5.3 Should the Client collect the goods himself, the Seller informs the Client by e-mail
that the goods are available for collection. After receiving the e-mail, the Client may
collect the goods in consultation with the Seller at the Seller’s place of business. In this
case shipment costs will not be charged.
5.4 Digital content will be provided to the Client exclusively in electronic form as
— by e-mail
5.5 Vouchers will be provided to the Client as follows:
— by e-mail
6) Rights of use to be granted for digital content
6.1 Unless otherwise stipulated in the description of contents displayed in the Seller’s
online shop, the Seller grants the client the non- exclusive right, unlimited in relation to
place and time, to use the contents supplied for private and professional purposes.
6.2 The transmission of contents to third parties or the production of copies to third
parties in a way not covered by the GTC is prohibited, unless the seller has consented to
the transfer of the contractual license to third parties.
6.3 The granting of rights pursuant to section 158 (1) German Civil Law Code will only
become effective, if the Client has paid the contractually stipulated compensation in full.
The seller may allow the use of the contractual contents temporarily prior to this date. A
transfer of rights does not take place via such a provisional permission.
7) Reservation of Proprietary Rights
If the Seller provides advance deliveries, he retains title of ownership to the delivered
goods, until the purchase price owed has been paid in full.
8.1 Should the object of purchase be deficient, statutory provisions shall apply.
8.2 Deviating hereof, for consumers the limitation period regarding warranty claims for
used goods shall be one year from delivery of goods to the Client. The shortening of the
limitation period does not apply,
— for a product, which was not used, in accordance with its usual application, for building
construction and which was the cause of the building’s defectiveness,
— for damages arising out of injuries to life, body or health, which result from intentional
or negligent violation of the Seller’s duties or the intentional or negligent violation of
duties by the legal representative or the vicarious agent of the user,
— for other damages resulting from intentional or grossly negligent violation of the
Seller’s duties or the intentional or grossly negligent violation of duties by the legal
representative or the vicarious agent of the user,
— if the Seller has fraudulently concealed the defect.
8.3 The Client is asked to notify any obvious transport damages to the forwarding agent
and to inform the Seller accordingly. Should the Client fail to comply therewith, this shall
not affect his statutory or contractual claims for defects.
9) Redemption of gift vouchers
9.1 Vouchers which can be purchased via the Seller’s online shop (hereinafter referred
to as «gift vouchers») can only be redeemed in the Seller’s online shop, unless otherwise
stipulated in the voucher.
9.2 Gift vouchers and remaining assets of gift voucher can be redeemed by the end of
the third year following the year of the gift voucher purchase. Remaining assets will be
credited to the Client’s voucher account.
9.3 Gift vouchers can only be redeemed prior to the conclusion of the order procedure.
Subsequent offsetting is not possible.
9.4 Only one gift voucher can be redeemed per order.
9.5 Gift vouchers can only be used for the purchase of goods and not for the purchase
of other gift vouchers.
9.6 If the value of the gift voucher is not enough for the order, the Client may choose
one of the remaining payment methods offered by the Seller to pay the difference.
9.7 The gift voucher credit will not be redeemed in cash and is not subject to any
9.8 The gift voucher is transferable. The Seller may render performance with
discharging effect to the respective owner who redeems the gift voucher in the Seller’s
online shop. This does not apply, if the Seller has knowledge or grossly negligent
ignorance of the non-entitlement, legal incapacity or of the missing right of
representation regarding the respective owner.
10) Applicable Law
10.1 The law of the Federal Republic of Germany shall apply to all legal relationships
between the parties under exclusion of the laws governing the international purchase of
movable goods. For consumers, this choice of law only applies to the extent that the
granted protection is not withdrawn by mandatory provisions of the law of the country,
in which the consumer has his habitual residence.
10.2 Furthermore, this choice of law regarding the right to cancel does not apply to
consumers, who are not nationals of a member state of the European Union at the time
of concluding the contract and whose exclusive domicile and delivery address is located
outside of the European Union at the time of concluding the contract.
11) Place of Jurisdiction
If the Client is a businessman, a legal entity of public law or a separate estate under
public law with its seat in the territory of the Federal Republic of Germany, the Seller’s
place of business shall be the sole place of jurisdiction for all legal disputes arising from
this contract.. If the Client is domiciled outside the territory of the Federal Republic of
Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal
disputes arising from this contract provided that the contract or claims from the contract
can be assigned to the Client’s professional or commercial activities. In any event
however, regarding the aforementioned cases the Seller is entitled to call the court
responsible for the seat of the Client.
12) Alternative dispute resolution
12.1 The EU Commission provides on its website the following link to the ODR platform:
This platform shall be a point of entry for out-of-court resolutions of disputes arising
from online sales and service contracts concluded between consumers and traders.
12.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure
before an alternative dispute resolution entity.
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