General Terms and Conditions (GTC) with customer information
1. general terms and conditions (GTC) and statutory customer information of Creavision Lab BV
1st contract partner
The customer’s contractual partner is: Creavision Lab BV, represented by Dr. Sonja Sachse, Franz Schollaertastraat 3, 3010 Kessel-Lo, Belgium, Tel: +32 4470452203 E-mail address: info@creavisionlab.com
2. scope of application, contract language
2.1 For all contracts for the provision of digital content between Creavision Lab BV and its customers, the following GTC apply exclusively in the version valid at the time the contract is concluded. Digital content is data that is created and provided in digital form.
2.2 The GTC apply exclusively, subject to individual agreements to the contrary. Deviating, conflicting or supplementary terms and conditions of the customer shall not become part of the contract unless Creavision Lab BV expressly agrees to them in text form.
2.3 The language available for the conclusion of the contract is German.
3. conclusion of the contract, content of the contract, essential characteristics of the service
3.1 The presentation of Creavision Lab BV products in the online store constitutes a binding offer. The customer initiates the order process by selecting the chosen product and, if applicable, the quantity and clicking on the “Add to shopping cart” button. By clicking on the “Show shopping cart” button, a browser window opens. In this window, the customer can check the products placed in the shopping cart, remove them again if desired and enter a discount code (e.g. voucher code) if necessary. The customer then selects one of the express payment methods displayed (e.g. Google Pay or Apple Pay) or clicks on the “Continue to payment” button. In the window that opens, the customer enters their personal details such as name, email address, shipping and billing address and selects their preferred payment method. The customer then confirms the General Terms and Conditions (GTC), the Privacy Policy and, if applicable, the waiver of the right of withdrawal, provided that the delivery of digital content begins immediately in accordance with Section 356 (5) BGB. The customer can now check the data entered and the selected products and, if necessary, return to the previous step of the ordering process using the “Back” buttons in the customer’s browser or via the “Back” buttons in the customer’s browser. Depending on the payment method selected, the customer follows the further instructions for payment. To complete the order process, the customer clicks on the “Buy now” button (or similarly labeled buttons). The customer thereby accepts the offer. The contract is concluded upon acceptance.
3.2 The specific content of the contract is set out in the respective contractual offer.
3.3 All essential characteristics of the service can be found in the respective specific service description in the offer.
4. recognizing and correcting input errors, saving the contract text
4.1 The customer can recognize errors in the order overview at the end of the order process before submitting his contractual declaration and correct them in the corresponding input fields. Errors can also be corrected by using the “Back” button in the customer’s browser during the ordering process.
4.2 The text of the contract is stored by Creavision Lab BV after the conclusion of the contract and is no longer accessible to the customer after the conclusion of the contract. However, Creavision Lab BV will send the customer a confirmation of the contract, in which the content of the contract is reproduced together with the GTC, the customer information, the revocation instructions and the sample revocation form.
5. right of withdrawal and sample withdrawal form
5.1 If the customer is a consumer, he is entitled to a right of withdrawal in accordance with the statutory provisions. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession. The customer can find the revocation instructions and the sample revocation form below under Section II.
5.2 The right of withdrawal expires prematurely in the case of contracts for the provision of digital content if Creavision Lab BV has begun to fulfill the contract after the customer has expressly agreed that Creavision Lab BV will begin to fulfill the contract before the expiry of the withdrawal period, the customer has confirmed to Creavision Lab BV that he is aware of this, that he loses his right of withdrawal by his consent with the beginning of the fulfillment of the contract, and Creavision Lab BV has provided him with a confirmation of the contract, in which the content of the contract, including the aforementioned conditions for the premature expiry of the right of withdrawal, is reproduced, on a durable medium.
6. packaging, delivery and shipping costs; delivery conditions
6.1 Creavision Lab BV informs about the costs for packaging, delivery and shipping separately in the product description.
6.2 Digital products are provided by means of a download link sent to you by e-mail.
6.3 The customer is responsible for backing up the digital content after downloading. A renewed download cannot be guaranteed.
6.4 The delivery period can be found in the respective information for the product itself.
7. terms of payment
7.1. Die im Shop angebotenen Zahlungsmethoden können variieren und sind während des Bestellvorgangs ersichtlich. Wir behalten uns vor, bestimmte Zahlungsmethoden in Einzelfällen auszuschließen. Der Kunde kann aus den folgenden Zahlungsmethoden wählen, wobei einige Zahlungsmethoden nur unter den unten genannten Bedingungen zur Verfügung stehen und möglicherweise geografischen Einschränkungen unterliegen.
- PayPal
- Credit card payment (VISA, MasterCard, American Express)
- Apple Pay
- Google Pay
- Cartes Bancaires
- UnionPay (CUP)
7.2 In the case of PayPal, processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A. With this choice, the customer is redirected to the page of the payment provider PayPal during the ordering process and is given the opportunity to enter the data there; the exact procedures can be found in the information provided by the provider PayPal. In the case of payment by credit card, the customer provides their details and the amount is debited from the corresponding account. Cartes Bancaires is a payment method that is mainly available to customers who use a bank card issued by French banks (such as the “CB” card). When this payment method is selected, payment is made via the French payment service provider and the customer is guided through the order process accordingly. It should be noted that Cartes Bancaires is mainly used in France and is mainly available to customers based there. Google Pay is a payment option available to customers using either a mobile browser on an Android device or a desktop browser. If the customer chooses this payment method, they will be redirected to the payment provider’s page during the order process, where they have the opportunity to enter their payment details. The exact procedures and instructions for making the payment can be found in the information provided by the payment provider Google Pay. Apple Pay is a mobile payment service that is available to users of iOS devices who make purchases via a desktop browser on Apple desktop computers or via mobile devices. When selecting this payment method, the customer is redirected to the payment provider’s site during the ordering process and can enter their payment details there. The exact procedures and instructions for making the payment can be found in the information provided by the Apple Pay provider. UnionPay (CUP) is a globally recognized payment system that is widely used in Asia in particular, but also in many other countries, including Germany. Customers who are in possession of a China UnionPay card can use this payment method to make payments. If UnionPay is selected, the customer will be redirected to the payment provider’s site during the ordering process to make the payment. The exact procedures and instructions for making the payment can be found in the information provided by the provider China UnionPay.
8. copyrights and granting of rights to digital content
Creavision Lab BV grants the customer the simple, temporally and spatially unlimited and non-transferable right to the digital content for private use. The digital content may not be reproduced, distributed or made publicly accessible – not even in part – without the express and written prior consent of Creavision Lab BV, unless it is a use permitted by law. The granting of rights to digital content only becomes effective once the customer has made the agreed full payment.
9. reservation of title
The delivery item remains the property of Creavision Lab BV until full payment has been made.
10. liability
10.1 The liability of Creavision Lab BV for damages due to simple negligence is excluded. However, this limitation does not apply if injury to life, limb or health is involved. Furthermore, the limitation does not apply to damages resulting from the breach of an essential contractual obligation, i.e. an obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer regularly relies and may rely (so-called cardinal obligations); in this case, however, liability is limited to compensation for foreseeable, typically occurring damage.
10.2 The same applies to breaches of duty by employees or vicarious agents of Creavision Lab BV.
11. statutory liability for defects
Reference is made to the existence of statutory warranty rights for goods and digital content.
12. right of set-off
The customer can only offset his own claims if they are undisputed, recognized by Creavision Lab BV or legally established. The restriction does not apply if the claim originates from the same contractual relationship as the claim of Creavision Lab BV against which it is to be offset.
13. final provisions
13.1 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods and to the exclusion of the conflict of laws rules of private international law. Mandatory protective provisions of the law of the country in which the contractual partner, who is a consumer, has his habitual residence shall remain applicable.
13.2 The customer’s claim to the service of Creavision Lab BV is only transferable with the consent of Creavision Lab BV.
13.3 There are no verbal ancillary agreements at the time the contract is concluded. Amendments, supplements and rescission of the contract must be made in writing to be effective, whereby fax and the digital transmission of scanned documents with a handwritten signature shall suffice in this respect. This also applies to the amendment of the written form clause itself. § Section 305b BGB remains unaffected.
13.4 Should one or more provisions of the GTC be or become invalid, this shall not affect the validity of the remainder of the contract, contrary to Section 139 BGB. The parties undertake to replace the invalid provision with a valid provision that comes closest to the intended economic purpose. The same shall apply in the event of a loophole.
14. note on information obligations under the Consumer Dispute Settlement Act (VSBG)
Creavision Lab BV is not obliged to participate in a dispute resolution procedure before a consumer arbitration board and is not prepared to do so. Your e-mail is: info@creavisionlab.com The EU platform for out-of-court online dispute resolution can be found at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE.
