Terms & Conditions

I. Standard business terms

§ 1 Basic provisions

(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Bennet Wehram) via the www.Blisna.com website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.

(2) A 'consumer' in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term 'businessman' refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.

§ 2 Conclusion of the contract

(1) The subject of the contract is the sale of digital content (data created and provided in digital form).

(2) Your requests for quotations are not binding for you. For this purpose, we submit a binding offer to you in text form (e.g. by email), which you can accept within 5 days (unless a different period is stated in the respective offer).

(3) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.

§ 3 License of use in case of digital content

(1) The digital content offered is protected by copyright. For each digital content purchased from us, you will receive a license of use from the respective Licensor. The type and scope of the license of use result from the license terms stated in the respective offer.

§ 4 Customised digital content

(1) You provide us with the appropriate information, texts or files required for customisation of the digital content through the online ordering system or by e-mail at the latest immediately after contract formation. Any possible specifications of ours concerning file formats must be observed.

(2) You undertake not to transmit any data the content of which infringes the rights of third parties (in particular copyrights, rights to a name, trademark rights) or violates the existing laws. You expressly indemnify us against all claims asserted by third parties in this connection. This also applies to the costs of legal representation required in this context.

(3) We do not check the transmitted data for correctness of content and do not assume any liability for errors in this respect.

(4) Insofar as specified in the respective offer, you will receive a draft correction from us, which you must check without delay. If you agree with the draft, you approve the draft for execution by countersignature in text form (e.g. e-mail). The design work will not be carried out without your approval. You are responsible for checking the proof for correctness and completeness and for informing us of any errors. We assume no liability for errors that are not objected to.

§ 5 Contract duration / Cancellation in case of subscription contracts

(1) The subscription contract concluded between you and us has an indefinite term. The contract can be terminated by both parties with a notice period of 1 month to the end of the month (unless otherwise stipulated in the respective offer).

(2) The right to terminate the contract without notice for important reasons remains unaffected.

(3) Any notice of termination must be declared and transmitted either in text form (e.g. e-mail) or via the cancellation button integrated on our Internet presence ("Cancel contracts here" or similar designation).

§ 6 Special agreements related to the offered payment methods

(1) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; "Klarna") we offer the following payment options. Each payment is made to Klarna:

Invoice ("Pay Later"): The Klarna invoice conditions for Germany can be found under https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice; the conditions for the option to extend the payment term can be found under https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/due_date_extension. The Klarna Invoice Terms and Conditions for Austria can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/invoice; the terms for the option to extend the payment term can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/due_date_extension.

Hire purchase ("Financing"): Further information on hire purchase, including the General Terms and Conditions and the European standard information for consumer credit for Germany, can be found under https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/account; the conditions for the payment option "Pay in 3 installments" can be found under https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/paylaterin3. For more detailed information on hire purchase, including the General Terms and Conditions and the European Standard Information for Consumer Credit for Austria, please visit https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/flex_account; for the terms and conditions of the payment option "Pay in 3 instalments", please visit https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/paylaterin3.

• Direct debit ("Pay Now")
• Credit card ('Pay Now')
• Instant bank transfer ('Pay Now')

The use of the on account and/or in instalments and/or direct debit payment methods requires a positive credit check. In this respect, we will forward your data to Klarna for the purpose of address and creditworthiness checks before we can accept the purchase and issue the purchase agreement. Please understand that we can only offer you those payment methods that are permitted based on the results of the credit check.

For more information on Klarna and Klarna's Terms of Use for Germany, please visit https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/.

For more information on Klarna and Klarna's Terms of use for Austria, please visit https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/user and https://www.klarna.com/at/.

(2) Payment via "Stripe"
If you select a payment method offered via "Stripe", the payment will be processed via the payment service provider Stripe Payments Europe Limited (1 Grand Canal Street Lower, Grand Canal Dock, Dublin, D02 H210, Ireland; "Stripe"). The individual payment methods via "Stripe" will be displayed to you under a correspondingly designated button on our Internet presence as well as in the online ordering process. "Stripe" may use other payment services for payment processing; if special payment conditions apply, you will be informed of these separately. You can find more information on "Stripe" at https://stripe.com/de.

§ 7 Right of retention

You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.

§ 8 Warranty

(1) The statutory rights of liability for defects apply.

(2) Insofar as a feature of the digital content deviates from the objective requirements, the deviation shall only be deemed to be agreed if you were informed of the same by us before submitting the contractual declaration and the deviation was expressly and separately agreed between the contractual parties.

(3) Insofar as you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:

a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the digital content, but not other advertising, public promotions and statements by the manufacturer.

b) In the event of defects, we shall, at our discretion, provide a warranty by rectification of the defect or subsequent delivery. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the digital content or the defect or other circumstances indicate otherwise.

c) The warranty period is one year from delivery of the digital content. The shortening of the period shall not apply

• for culpably caused damage attributable to us arising from injury to life, limb or health and in the case of other damage caused intentionally or by gross negligence;
• insofar as we have fraudulently concealed the defect or have given a guarantee for the quality of the digital content;
• in the case of items that have been used for a building in accordance with their customary use and have caused its defectiveness;
• in the case of statutory rights of recourse that you have against us in connection with defect rights.

§ 9 Choice of law

(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer's usual place of residence is located (benefit-of-the-doubt principle).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.

II. Customer information

1. Identity of the seller

We are neither willing nor obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information regarding the conclusion of the contract

The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).

3. Contractual language, saving the text of the contract

3.1 Contract language shall be English.

3.2 The complete text of the contract is not saved with us. Before the order is sent, the contract data can be printed out or electronically saved using the browser's print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.

4. Main features of the product or service

The key features of the goods and/or services can be found in the respective quote.

5. Prices and payment arrangements

5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.

5.2 Since the product is downloaded, no shipping costs accrue.

5.3 If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes or money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear.

5.4 You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union.

5.5 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.

5.6 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.

6. Provision

6.1 The conditions for provision, the provision date and any existing provision restrictions can be found under a correspondingly designated button on our website or in the respective offer.

7. Statutory warranty right

Liability for defects is governed by the "Warranty" provisions in our General Terms and Conditions of Business (Part I).

8. Contract duration / cancellation

Information on the contract term and the terms and conditions of termination can be found in the section "Contract term / Termination of subscription contracts" in our General Terms and Conditions of Business (Part I), and in the individual quotation.

These SBTs and customer details were created by the lawyers specialising in IT law who work for the Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings are issued. More detailed information can be found on the following website: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.

last update: 22.10.2024