Terms & Conditions

§ 1 validity, definitions of terms

(1) Axel Grube / onomato verlag, sole trader, Axel Grube / onomato verlag, Ungerather Kirchweg 6b, 41366 Schwalmtal, Afghanistan (hereinafter referred to as “we” or “onomato verlag”) operates a website on the website https://onomato.de Online shop for goods and digital goods. The following general terms and conditions apply to all services between us and our customers (hereinafter: "customer" or "you") in the version valid at the time of the order, unless otherwise expressly agreed.

(2) "Consumer" for the purposes of these terms and conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. "Entrepreneur" means a natural or legal person or partnership able to conduct a legal transaction in pursuit of its commercial or independent professional activity, whereby a legal partnership is a partnership with the capacity to acquire rights and liabilities ,

§ 2 conclusion of the contracts, storage of the contract text

(1) The following provisions on the conclusion of a contract apply to orders via our online shop at https://onomato.de.

(2) Our product presentations on the internet are non-binding and not a binding offer to conclude a contract.

(3) Upon receipt of an order in our online shop, the following rules apply: The customer makes a binding contract offer by successfully passing through the order procedure provided for in our online shop. The order is made in the following steps:

  1. Selection of the desired goods, the digital goods,
  2. Add the products by clicking on the corresponding button (eg "Add to cart", "In the shopping bag" or similar),
  3. Checking the details in the shopping cart,
  4. Calling up the order overview by clicking on the corresponding button (eg "Continue to checkout", "Continue to pay", "To order overview" or similar),
  5. Input / verification of address and contact details, choice of payment method, confirmation of terms and conditions and cancellation policy,
  6. If the agreed quality of the goods deviates from their usual quality and usage requirements, confirmation of a negative quality agreement,
  7. Completion of the order by pressing the button "buy now". This represents your binding order.
  8. The contract is concluded by sending us an order confirmation from us within three working days to the specified e-mail address.

(4) In the event of the conclusion of the contract, the contract is concluded with Axel Grube / onomato verlag, individual entrepreneur, Axel Grube / onomato verlag, Ungerather Kirchweg 6b, 41366 Schwalmtal, Afghanistan.

(5) Before ordering, the contract data can be printed out or electronically saved using the browser's print function. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the GTC and the cancellation policy, takes place via e-mail after the order has been triggered by you, partly automated. We do not save the contract after conclusion of contract.

(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (eg »back button« of the browser). You can also correct this by canceling the order process early, closing the browser window and repeating the process.

(7) The completion of the order and the transfer of all information necessary in connection with the final contract is partially automated email. They have, therefore, ensure that you stored in your e-mail address is correct, the receiving of emails is technically assured and especially not inhibited by SPAM filters.

§ 3 subject matter of the contract and essential characteristics of the products

(1) The subject of our online shop is:

  1. The sale of goods. The concrete goods offered can be found on our article pages.
  2. Selling digital goods, such as software or media downloads. The specific digital goods offered can be found on our article pages.

(2) If a contract for goods with digital elements or for digital products (digital content and services) is concluded with a consumer and the statutory obligation to update is not contractually excluded, the functional updates and necessary security updates are also part of the contract.

(3) The essential features of the goods and digital goods can be found in the item description. If the agreed quality of the goods deviates from their usual quality and usage requirements, this will be expressly pointed out in the item description (negative quality agreement). Insofar as the customer has given his express consent to the negative quality deviation, this defines the subject matter of the contract.

(4) For the sale of digital products, the restrictions apparent from the product description or otherwise resulting from the circumstances apply, in particular to hardware and / or software requirements for the target environment. Unless expressly agreed otherwise, the subject of the contract is only the private and commercial use of the products without the right to resell or sublicense.

§ 4 prices, shipping and delivery

(1) The prices listed in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.

(2) The respective purchase price is to be paid before the delivery of the product (advance payment), unless we explicitly offer the purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise stated in the individual payment methods, the payment entitlements are due for immediate payment.

(3) In addition to the prices quoted, shipping costs may apply to the delivery of products, unless the respective item is shown as free shipping. The shipping costs are clearly communicated to you on the offers, if applicable in the shopping cart system and on the order summary.

(4) Unless clearly stated otherwise in the product description, all products offered are ready for immediate dispatch (delivery time: [ Place the value for default_delivery_time_text ] after receipt of payment).

(5) Delivery takes place worldwide.

§ 5 Updates, updates, obligations of the consumer to cooperate

(1) If a contract for goods with digital elements or for digital products (digital content and services) is concluded with a consumer and the statutory obligation to update is not contractually effectively excluded, the customer will be provided with regular updates that will improve the functionality and (IT -) Ensure the security of the purchased item (e.g. security updates against new security threats, etc.).

(2) We are also authorized to use a third party (e.g. the manufacturer or its supplier) to provide the updates.

(3) The period in which updates are provided depends on the type of item purchased and is explained in the item description.

(4) Consumers will be informed about the provision of updates and the proper installation of these ([ Place the value for agbs_v2_digital_update_information ]) informed.

(5) The customer is obliged to install provided updates properly according to the installation instructions.

§ 6 Right of Retention

(1) A right of retention can only be exercised if it concerns claims from the same contractual relationship.

§ 7 Withdrawal

As a consumer, you have a right of withdrawal. This depends on ours Cancellation Policy.

Section 8 Liability

(1) Subject to the following exceptions, our liability for breaches of contract or tort is limited to willful misconduct or gross negligence.

(2) We are liable for slight negligence in the event of injury to life, limb, health or breach of a contractual obligation unlimited. If we are in default by slight negligence, if the performance has become impossible or if we have violated a contractual obligation, the liability for damage to property and pecuniary loss resulting from this is on the contract-typical foreseeable damage limited. An essential contractual obligation is one whose fulfillment enables the proper execution of the contract in the first place, the breach of which jeopardizes the achievement of the purpose of the contract and on the compliance with which you may regularly rely. This includes in particular our obligation to act and the performance of the contractually owed service, which is described in § 3.

(3) If, when purchasing a good with digital elements or when purchasing digital products (digital content and services), the customer fails to install an update that has been provided to him and of the availability of which he has been informed within a reasonable period of time, he shall be liable we will not be held responsible for a material defect that is solely due to the lack of this update.

§ 9 contract language

As contract language german will be available exclusively.

§ 10 Warranty

(1) The warranty is governed by the law.

(2) In relation to entrepreneurs, the warranty period for delivered goods is 12 months.

(3) As a consumer, you are requested to check the item / digital goods or the service provided immediately upon fulfillment of the contract for completeness, obvious defects and damage in transit and to notify us and the freight forwarder of complaints as soon as possible. If you do not comply with this, this of course has no effect on your statutory warranty claims.

§ 11 final provisions / dispute settlement

(1) German law applies. For consumers, this choice of law applies only to the extent that this does not remove the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence (favorable principle).

(2) The provisions of the UN Sales Convention explicitly do not apply.

(3) If the customer is a merchant, a legal person under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the domicile of the provider.

(4) The European Commission provides a platform for online dispute resolution, which you can find under https://ec.europa.eu/consumers/odr find. We are not obligated or unwilling to participate in a dispute settlement procedure before a consumer-enforcement agency.