Terms of service

Table of Contents

  1. Scope

  2. Conclusion of Contract

  3. Right of Withdrawal

  4. Prices and Payment Terms

  5. Provision of Content

  6. Granting of Rights of Use

  7. Liability for Defects

  8. Special Conditions for the Processing of Digital Content According to the Customer’s Specifications

  9. Applicable Law

  10. Alternative Dispute Resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Nexus Company GmbH (hereinafter "Entrepreneur") apply to all contracts for the provision of digital content concluded between a consumer or entrepreneur (hereinafter "Customer") and the Entrepreneur regarding the content described in the Entrepreneur's online shop. The inclusion of the Customer’s own terms and conditions is hereby objected to unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes which are predominantly outside their trade, business, or profession.

1.3 An entrepreneur within the meaning of these GTC is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their trade, business, or profession.

2) Conclusion of Contract

2.1 The content described in the Entrepreneur’s online shop does not constitute binding offers on the part of the Entrepreneur but serves to submit a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Entrepreneur’s online shop. In doing so, after placing the selected content in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the content contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Entrepreneur may accept the Customer’s offer within five days by:

  • Sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the Customer is decisive; or

  • Providing the ordered content to the Customer; or

  • Requesting payment from the Customer after the Customer has placed the order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Entrepreneur does not accept the Customer's offer within this period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by their declaration of intent.

2.4 If the Customer selects a payment method offered by PayPal, the payment will be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal terms of use available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the Customer does not have a PayPal account – subject to the conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays using a PayPal payment method selectable during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the button concluding the ordering process.

2.5 When submitting an offer via the Entrepreneur’s online order form, the contract text will be stored by the Entrepreneur after the conclusion of the contract and sent to the Customer in text form (e.g., e-mail, fax, or letter) after the Customer has submitted their order. Beyond this, the Entrepreneur will not make the contract text accessible. If the Customer has set up a user account in the Entrepreneur’s online shop before submitting their order, the order data will be archived on the Entrepreneur’s website and can be accessed by the Customer free of charge via their password-protected user account by entering the corresponding login data.

2.6 Before placing a binding order via the Entrepreneur’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detecting input errors can be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7 The language available for the conclusion of the contract is German.

2.8 Order processing and communication usually take place by e-mail and automated order processing. The Customer must ensure that the e-mail address they provide for order processing is correct so that e-mails sent by the Entrepreneur can be received. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Entrepreneur or by third parties commissioned by the Entrepreneur to process the order can be delivered.

3) Right of Withdrawal

Consumers generally have a right of withdrawal. Further information on the right of withdrawal can be found in the Entrepreneur’s withdrawal policy.

4) Prices and Payment Terms

4.1 The prices stated by the Entrepreneur are total prices and include the statutory value-added tax.

4.2 For payments in countries outside the European Union, additional costs may arise in individual cases for which the Entrepreneur is not responsible and which must be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees).

4.3 The payment options are specified in the Entrepreneur’s online shop.

4.4 If the Customer selects a payment method offered via the payment service “Shopify Payments,” the payment will be processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Entrepreneur’s online shop. Stripe may use other payment services to process payments, for which special payment conditions may apply, and the Customer may be separately informed about them. Further information on “Shopify Payments” is available online at https://www.shopify.com/legal/terms-payments-de.

5) Provision of Content

Digital content will be made available to the Customer as follows:

  • By direct access via the Entrepreneur’s website

  • By download

  • By e-mail

6) Granting of Rights of Use

6.1 Unless otherwise stated in the content description in the Entrepreneur’s online shop, the Entrepreneur grants the Customer the non-exclusive right to use the provided content for both private and commercial purposes.

6.2 Passing the content on to third parties or creating copies for third parties outside the scope of these GTC is not permitted unless the Entrepreneur has agreed to the transfer of the contractual license to the third party.

6.3 If the contract relates to a one-time provision of a digital content, the granting of rights shall only take effect once the Customer has paid the contractually owed remuneration in full. The Entrepreneur may provisionally allow the use of the contractual content even before this point. A transfer of rights does not take place through such provisional permission.

7) Liability for Defects

The statutory liability for defects applies.

8) Special Conditions for the Processing of Digital Content According to the Customer’s Specifications

8.1 If, under the terms of the contract, the Entrepreneur is also obliged to process digital content according to certain specifications provided by the Customer, the Customer must provide the Entrepreneur with all content required for processing, such as texts, images, or graphics, in the formats, formatting, image, and file sizes specified by the Entrepreneur and grant the necessary rights of use for this purpose. The procurement and acquisition of rights to this content is the sole responsibility of the Customer. The Customer declares and warrants that they have the right to use the content provided to the Entrepreneur. In particular, the Customer ensures that no rights of third parties are infringed, especially copyrights, trademark rights, and personal rights.

8.2 The Customer shall indemnify the Entrepreneur against claims by third parties which they may assert against the Entrepreneur in connection with a violation of their rights through the contractual use of the Customer’s content by the Entrepreneur. In this regard, the Customer shall also bear the necessary costs of legal defense, including all court and legal fees at the statutory rate. This does not apply if the Customer is not responsible for the infringement. The Customer is obliged to provide the Entrepreneur immediately, truthfully, and completely with all information required for the examination of claims and defense in the event of a claim by third parties.

8.3 The Entrepreneur reserves the right to refuse processing orders if the content provided by the Customer violates statutory or official prohibitions or is contrary to accepted moral standards. This applies in particular in the case of content that is unconstitutional, racist, xenophobic, discriminatory, offensive, harmful to minors, and/or glorifies violence.

9) Applicable Law

9.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of goods. For consumers, this choice of law only applies to the extent that the protection afforded is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.

9.2 If the licensee is a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Entrepreneur’s place of business. If the licensee has their registered office outside the territory of the Federal Republic of Germany, the Entrepreneur’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the licensee’s professional or commercial activity. In the above cases, however, the Entrepreneur is in any event entitled to bring an action before the court at the licensee’s place of business.

10) Alternative Dispute Resolution

The Entrepreneur is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

© IT-Recht Kanzlei
Status: 15.08.2025