DeutschTerms & Conditions
Important legal information and terms for using this website, digital products and related services.
1. Scope
These Terms & Conditions apply to all orders placed by consumers through the online shop of Jakob Sahner Astrofotografie.
A consumer within the meaning of these Terms & Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
These Terms & Conditions apply both to the sale of physical goods and, where provided for in the respective offer, to digital content, software, download products and license keys.
2. Conclusion of Contract
The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding invitation to place an order.
By submitting the order by clicking the corresponding order button, the customer makes a binding offer to conclude a purchase contract.
The contract is only concluded when Jakob Sahner Astrofotografie expressly accepts the customer’s offer, ships the goods, provides digital content for download, or activates or sends the license key.
Receipt of the order is usually confirmed to the customer immediately by email. An automatic order confirmation does not yet constitute binding acceptance of the offer unless acceptance is expressly declared therein.
The contract language is German. If the shop offers additional language versions, the German version shall be decisive in case of doubt, unless expressly agreed otherwise.
3. Prices and Payment Terms
All prices stated in the online shop are final prices. If Jakob Sahner Astrofotografie applies the small business regulation pursuant to § 19 UStG, no VAT is shown.
The price stated in the online shop at the time of the order applies.
Additional shipping costs may apply for physical goods. These will be shown separately to the customer during the order process.
The available payment methods are communicated to the customer in the online shop.
If the customer is in default of payment, Jakob Sahner Astrofotografie is entitled to charge statutory default interest. The right to claim further damages caused by default remains reserved.
4. Digital Products, Downloads and License Keys
Where digital content, software, download products or license keys are offered in the online shop, no physical item is delivered. Instead, the product is provided in digital form.
Depending on the product description, provision may take place in particular by:
- providing a download link,
- sending a license key by email,
- activating a customer account, or
- other electronic provision.
The customer is responsible for providing a correct email address when placing the order and for ensuring the technical requirements for receiving emails, downloads and digital files.
Unless expressly stated otherwise, the customer receives a simple, non-exclusive and non-transferable right of use for the purchased digital product within the contractually agreed scope.
Passing on, sublicensing, making publicly accessible, reproducing beyond contractual use or reselling license keys is not permitted without the express consent of Jakob Sahner Astrofotografie.
Where a product is protected by license keys, activation or device binding, the customer may not bypass or remove such protection mechanisms.
The specific scope of service, in particular included functions, supported programs, supported versions, system requirements and any restrictions, is determined by the respective product description in the online shop.
The customer is responsible for checking before purchase whether the technical requirements stated in the product description are met in their hardware and software environment.
Unless expressly stated otherwise, Jakob Sahner Astrofotografie does not owe permanent compatibility with future versions of third-party software or operating systems.
If updates, bug fixes or support services are offered for a digital product, their scope is determined exclusively by the respective product description or by a separate service commitment.
5. Delivery and Provision
Physical goods are delivered to the delivery address provided by the customer and to the delivery areas specified in the online shop.
Delivery times for physical goods are stated in the respective offer or during the order process.
Digital products are provided to the customer after conclusion of the contract and receipt of payment in the form described in the offer.
If provision or delivery becomes permanently impossible due to force majeure, Jakob Sahner Astrofotografie is released from the obligation to perform. Payments already made will be refunded without undue delay in such a case.
Partial deliveries are permitted insofar as they are reasonable for the customer.
6. Retention of Title
For physical goods, the delivered goods remain the property of Jakob Sahner Astrofotografie until full payment has been made.
For digital products, no ownership of software or digital content is transferred. The customer receives only the rights of use set out in these Terms & Conditions or in the product description.
7. Warranty Rights
Statutory warranty rights apply.
For physical goods, the statutory warranty rights for material defects apply.
For digital products, the statutory provisions on consumer contracts for digital products apply insofar as their scope is applicable.
A defect in digital products does not exist in particular if a functional impairment is due to the fact that:
- the system requirements stated in the product description are not met,
- the product is used in an unsupported software or operating system environment,
- changes have been made by the customer or unauthorized third parties, or
- the product is used contrary to its intended use, provided that the impairment is based on this.
If a license key or activation is part of the service for digital products, Jakob Sahner Astrofotografie generally fulfills its obligation by providing a functioning license key or the agreed digital activation.
The statutory limitation period for warranty claims remains unaffected unless mandatory statutory provisions provide otherwise.
8. Special Notice Regarding the Right of Withdrawal for Digital Content
When purchasing digital content that is not supplied on a physical data carrier, the customer may expressly agree that Jakob Sahner Astrofotografie begins performance of the contract before the withdrawal period has expired.
In this case, the customer also confirms their knowledge that their right of withdrawal expires upon commencement of performance of the contract, provided that the statutory requirements for this are met.
Details are set out in the separate cancellation policy in the online shop.
9. Liability
Jakob Sahner Astrofotografie is liable without limitation in cases of intent and gross negligence as well as in the event of culpable injury to life, body or health.
In the event of slightly negligent breach of essential contractual obligations, liability is limited to the foreseeable damage typical for the contract. Essential contractual obligations are obligations whose fulfillment is necessary for the proper performance of the contract and on whose compliance the customer may regularly rely.
In all other respects, liability for slight negligence is excluded.
Liability under mandatory statutory provisions, in particular under the German Product Liability Act and in the event of the assumption of a guarantee, remains unaffected.
10. Dispute Resolution
Jakob Sahner Astrofotografie is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board. Statutory information obligations under the German Consumer Dispute Resolution Act remain unaffected.
11. Applicable Law and Place of Jurisdiction
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods, unless mandatory consumer protection provisions of the country in which the customer has their habitual residence conflict with this.
If the customer moves their domicile or habitual residence outside the scope of German law after conclusion of the contract, or if their domicile or habitual residence is not known at the time legal action is brought, the place of jurisdiction shall be the registered office of Jakob Sahner Astrofotografie, i.e. Freiburg im Breisgau.
12. Final Provisions
Should individual provisions of these Terms & Conditions be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.
Mandatory statutory provisions, in particular consumer protection provisions, remain unaffected.
Individual agreements with the customer take precedence over these Terms & Conditions.