1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of Damian Haller, trading as "Ártala – Jahrzähler" (hereinafter "Seller"), apply to all contracts for the delivery of goods concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 These GTC apply accordingly to contracts for the provision of digital content, unless otherwise stipulated. Digital content within the meaning of these GTC is data that is created and provided in digital form.
1.3 These GTC apply accordingly to contracts for the provision of licence keys, unless otherwise stipulated. In such cases, the Seller owes the provision of a licence key for the use of the digital content or digital services described by him (hereinafter "digital products") and the granting of the contractually agreed rights to use the respective digital products. The Customer does not acquire any intellectual property in the digital product. The respective product description of the Seller is authoritative for the quality of the digital product.
1.4 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.
1.5 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.6 Depending on the Seller's content description, the subject of the contract may be both the one-time provision of digital content and the regular provision of digital content (hereinafter "subscription contract"). In the case of a subscription contract, the Seller undertakes to provide the Customer with the contractually owed digital content for the duration of the agreed contract term at the contractually agreed time intervals.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller but serve to enable the Customer to submit a binding offer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller's online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the Customer may also submit the offer to the Seller by email, via the online contact form or by post.
2.3 The Seller 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 email), in which case the receipt of the order confirmation by the Customer is decisive, or
- by delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
- by requesting the Customer to pay after the Customer has placed the order.
If several of the aforementioned alternatives apply, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends upon expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 When selecting the payment method "Stripe", payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland. The Seller declares acceptance of the Customer's offer at the time at which the Customer clicks the button that completes the ordering process.
2.5 When an offer is submitted via the Seller's online order form, the contract text is saved by the Seller after conclusion of the contract and transmitted to the Customer in text form (e.g. email, fax or letter) after the Customer has sent the order. The Seller does not make the contract text accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending the order, the order data is archived on the Seller's website and can be accessed free of charge by the Customer via the Customer's password-protected user account by providing the corresponding login details.
2.6 Before submitting a binding order via the Seller'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 detection of input errors may 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 completes the ordering process.
2.7 The German and English languages are available for the conclusion of the contract.
2.8 Order processing and contact generally take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered.
3) Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.
3.3 The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, are not nationals of a member state of the European Union and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices. No VAT is charged, as the Seller is exempt from VAT under the small business exemption (Kleinunternehmerregelung pursuant to § 19 UStG). Any additional delivery and shipping costs are stated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of funds by financial institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also arise in relation to the transfer of funds if delivery is not made to a country outside the European Union but the Customer makes the payment from a country outside the European Union.
4.3 The available payment method(s) are communicated to the Customer in the Seller's online shop.
4.4 If advance payment by bank transfer has been agreed, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.
5) Delivery and Shipping Terms
5.1 If the Seller offers to ship the goods, delivery is made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing is decisive.
5.2 If the delivery of the goods fails for reasons attributable to the Customer, the Customer bears the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs of dispatch if the Customer effectively exercises the right of withdrawal. For the return shipping costs, in the event of the effective exercise of the right of withdrawal by the Customer, the provision made in the Seller's withdrawal policy applies.
5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods passes to the Customer as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes only upon delivery of the goods to the Customer or an authorised recipient. Notwithstanding this, the risk of accidental loss and accidental deterioration of the sold goods also passes to the Customer who is a consumer as soon as the Seller has delivered the item to the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment, if the Customer has commissioned the forwarding agent, the carrier or the person or institution otherwise designated to carry out the shipment and the Seller has not previously named this person or institution to the Customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This only applies in the event that the non-delivery is not attributable to the Seller and the Seller has concluded a specific covering transaction with the supplier with due diligence. The Seller will make all reasonable efforts to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be notified immediately and the consideration will be refunded without delay.
5.5 Self-collection is not possible for logistical reasons.
5.6 Digital content is provided to the Customer via direct access through the Seller's website.
5.7 Licence keys are provided to the Customer by email.
6) Granting of Usage Rights for Digital Content
6.1 Unless otherwise stated in the content description in the Seller's online shop, the Seller grants the Customer a non-exclusive, geographically and temporally unlimited right to use the provided content exclusively for private purposes.
6.2 The transfer of content to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted unless the Seller has consented to the transfer of the licence that is the subject of the contract to the third party.
6.3 Insofar as the contract relates to the one-time provision of digital content, the granting of rights only becomes effective when the Customer has fully paid the owed remuneration. The Seller may provisionally permit the use of the contractual content even before this point in time. A transfer of rights does not take place through such provisional permission.
7) Granting of Usage Rights for Licence Keys
7.1 The provided licence key entitles the Customer to use the digital product specified in the Seller's respective product description to the extent described therein.
7.2 Insofar as the licence key relates to the one-time provision of digital content, the granting of rights only becomes effective when the Customer has fully paid the owed remuneration.
8) Contract Duration and Termination of Subscription Contracts
8.1 Subscription contracts are concluded for a fixed term, for the contract duration specified in the respective product description in the Seller's online shop, and end automatically upon expiry of the contract duration.
8.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists if the terminating party, taking into account all circumstances of the individual case and weighing the interests of both parties, cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.
8.3 Terminations must be made in writing or in text form (e.g. by email).
9) Retention of Title
If the Seller makes advance deliveries, the Seller retains title to the delivered goods until the owed purchase price has been paid in full.
10) Liability for Defects (Warranty)
Unless otherwise provided in the following provisions, the statutory provisions on liability for defects apply. Notwithstanding this, the following applies to contracts for the delivery of goods:
10.1 If the Customer acts as an entrepreneur,
- the Seller has the choice of the type of subsequent performance;
- for new goods, the limitation period for defect claims is one year from delivery of the goods;
- for used goods, the rights in respect of defects are excluded;
- the limitation period does not recommence if a replacement delivery is made within the scope of liability for defects.
10.2 The limitations of liability and reductions of periods stipulated above do not apply
- to claims for damages and reimbursement of expenses by the Customer,
- in the event that the Seller has fraudulently concealed the defect,
- to goods that have been used in accordance with their customary purpose for a building and have caused its defectiveness,
- to any obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
10.3 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
10.4 If the Customer acts as a merchant within the meaning of § 1 HGB (German Commercial Code), the merchant's duty to inspect and give notice of defects pursuant to § 377 HGB applies. If the Customer fails to comply with the notification obligations stipulated therein, the goods are deemed approved.
10.5 If the Customer acts as a consumer, the Customer is requested to complain to the delivery agent about delivered goods with obvious transport damage and to notify the Seller accordingly. If the Customer fails to do so, this has no effect whatsoever on the Customer's statutory or contractual defect claims.
11) Liability
The Seller is liable to the Customer for all contractual, quasi-contractual and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:
11.1 The Seller is liable without limitation for any legal reason
- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, body or health,
- on the basis of a guarantee promise, unless otherwise stipulated in this regard,
- on the basis of mandatory liability such as under the German Product Liability Act (Produkthaftungsgesetz).
11.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical of the contract, unless unlimited liability applies pursuant to the preceding clause. Material contractual obligations are obligations that the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the Customer may regularly rely.
11.3 In all other respects, the Seller's liability is excluded.
11.4 The above liability provisions also apply with regard to the Seller's liability for its vicarious agents and legal representatives.
12) Applicable Law
12.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
12.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who, at the time of conclusion of the contract, are not nationals of a member state of the European Union and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
13) Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
Last updated: 20 March 2026