1. Definitions and Scope
1.1. For the use of the online shop on “marketpress.com” (in the following: “Online Shop”), as well as for the purchase contracts, which are closed in this online shop and for the related services of MarketPress GmbH, Karcherallee 13, 01277 Dresden, Phone: +49 (0) 351 – 21295240, Email: firstname.lastname@example.org, CEO: Nick Jantschke, Commercial Register: HRB 35339, District Court Dresden, VAT ID No .: DE305635672, Registered Office: Dresden (hereafter: “MarketPress”), the following terms and conditions apply (hereinafter: “Terms”).
1.2. For the purposes of these terms and conditions, the term “customer” refers to the users of the online shop and the buyers of digital products in the online shop.
1.3. You can reach our support for questions about the products or orders on weekdays by e-mail at https://marketpress.com/help/.
1.4. Deviating conditions of the customer are not recognized, unless the MarketPress expressly agrees to their validity.
2. Services from MarketPress
2.1. The presentation of the products in the online shop does not constitute a legally binding offer, but an invitation to place an order. Service descriptions in catalogs and on the websites of the seller do not have the character of an assurance or guarantee.
2.2. With the purchase of a digital product, the customer acquires the right to obtain updates and support services for the respective digital product for a specific number of installations over the respective agreed period (Item 2.3).
2.3. The term (Item 2.2) for the products offered by MarketPress is termed, which can be found in the respective product description in the online shop.
2.4. Up to one month before the expiry of the agreed term, the customer has the opportunity to extend the term for updates and support services for the product. The prices and further details can be found in the online shop.
2.5. The number of installations of the product for which the customer is entitled to updates and support services are subject to conditions that can be found in the respective description page in the online shop.
3. Ordering process and conclusion of contract
3.1. If the customer wants to place orders via the online shop, he must register for the use of the online shop. The registration can be made during a purchase.
3.2. The customer can select products from the assortment of the seller without obligation and collect them via the button [to the shopping cart] in a so-called shopping cart. Within the basket, the product selection may be changed, e.g. to be deleted. Afterwards, the customer can use the [Continue to checkout] button within the shopping cart to complete the ordering process.
3.3. With the button [order with payment] the customer submits a binding application for the purchase of the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time, or go back to the shopping cart using the browser function “back” or cancel the order process altogether. Necessary information is marked with an asterisk (*).
3.4. The seller then sends the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out via the “Print” function (order confirmation). The automatic acknowledgment of receipt merely documents that the customer’s order has been received by the seller and does not constitute acceptance of the request. The purchase contract is only then concluded with a second e-mail, express order confirmation or confirmation of receipt.
4. Prices and shipping costs
4.1. All prices stated on the website of the seller are inclusive of the applicable statutory sales tax.
5. Access data for the online shop
5.1. The access data (user name and password) are exclusively intended for use by the customer. The customer may not pass on the access data to third parties or otherwise disclose them. If the customer becomes aware of a misuse of his access data or if he suspects this, the customer must inform MarketPress immediately. The customer is liable for all consequences of third-party use, as far as the misuse of the access data is responsible for him. This may also result in orders made without authorization. The liability of the customer does not end until he has informed MarketPress of the unauthorized use or loss of the access data and changed the password, if necessary.
5.2. MarketPress is entitled to access the customer’s access data in case of violations of these terms and conditions, in particular due to
– incorrect information during registration and / or
– unauthorized disclosure of access data, in particular the password,
temporarily or permanently suspend and / or permanently withdraw Customer’s access with immediate effect or at the discretion of MarketPress and / or terminate the User Agreement extraordinarily and without notice. After such a case, the customer may not re-register for the use of the online store without the prior express consent of MarketPress.
6. Delivery of digital products
6.1 MarketPress Digital Products are delivered as a ZIP file. The ZIP file can be downloaded from the dashboard https://marketpress.com/user-dashboard/.
7. Payment methods
7.1. Unless otherwise agreed, payment for the purchase of a digital product must be made in advance and will be due for payment immediately upon completion of the order.
7.1. The customer can choose from the available payment methods within and before the order process.
7.2. If third-party providers are charged with payment processing, e.g. Paypal apply their terms and conditions.
7.3. The customer receives an invoice for the ordered service in electronic form at the e-mail address he has specified. In addition, the customer, when logged in the online store, there at any time view and download his bills.
7.4. Insofar as the customer does not meet his payment obligations or amounts repaid or reloaded, MarketPress is entitled, subject to further claims, to block the customer’s access to the online shop. If the blocking takes place because of open payment claims and if the customer compensates them, the access is unlocked again.
8. Warranty and guarantee
8.1. The warranty is determined by legal regulations.
8.2. There is a guarantee on the goods delivered by the seller only if expressly delivered. Customers are informed about the warranty conditions prior to initiating the order process.
9.1. For a liability of the seller for damages without prejudice to the other statutory eligibility requirements, the following disclaimers and limitations apply.
9.2. The seller is liable without limitation, as far as the cause of damage is based on intent or gross negligence.
9.3. Furthermore, the seller is liable for the negligent breach of obligations, which endangers the purpose of the contract, or violation of duties the fulfillment of which makes the proper execution of the contract and on whose observance the customer regularly relies. In this case, however, the seller is liable only for the foreseeable, contract-typical damage. The seller is not liable for slightly negligent breaches of obligations other than those specified in the preceding sentences.
9.4. The above limitations of liability do not apply in case of injury to life, limb or health, for a defect after assuming a guarantee for the condition of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
9.5. As far as the liability of the seller is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
9.6. Incidentally, the liability of both MarketPress, as well as by the vicarious agents of MarketPress – for whatever legal reason – excluded.
9.7. If Customer’s losses result from the loss of data, MarketPress shall not be liable to the extent that the damages would have been avoided by a regular, complete and reasonably frequent backup of all relevant data by the Customer which would be commensurate with the value of the data.
9.8. The customer is responsible for the legal use of the digital products purchased by the customer. In particular, the customer must ensure that he observes all information requirements and all other statutory provisions when using the digital products.
10. Storage of the contract text
10.1. The customer can print the contract text to the seller before placing the order by using the print function of his browser in the last step of the order.
10.2. The seller also sends the customer an order confirmation with all order data to the e-mail address provided by him. With the order confirmation, the customer also receives a copy of the terms and conditions together with the cancellation policy and the instructions on the terms of payment. If you have registered in our shop, you can see your order placed in your profile area. In addition, we save the contract text, but make it inaccessible on the Internet.
11. Termination of the account for the online shop
11.1 Both parties can terminate the user agreement regarding the online shop at any time by giving notice. Termination may be by e-mail or in writing by letter. The contact details can always be found in the imprint of MarketPress.
11.2 After termination of the user agreement, the customer has no access to the online shop and therefore no access to ordered, but not yet downloaded digital products. He also loses his possibly existing claim for update and support services by MarketPress.
11.3 The extraordinary termination of the agreement for good cause according to the legal provisions remains reserved to both parties.
12. Final provisions
12.1. Place of jurisdiction and place of fulfillment is the place of business of the seller, if the customer is a merchant, legal entity of the public right or public special estate.
12.2. Contract language is German.
12.3. European Commission Online Dispute Resolution (OS) platform for consumers: https://ec.europa.eu/consumers/odr/. We are unwilling and not obliged to participate in a dispute settlement procedure before a consumer arbitration board.