Term of Service
§ 1 Validity, Definitions of Terms
1) inMotion Publishing Karban PhD, Lerchenreith 320, 8990 Bad Aussee, Austria (hereinafter: “we” or “Digitized World Comic Shop”) operates an online shop for digital goods at https://digitized.world. The following terms and conditions apply to all services between us and our customers (hereinafter: “customer” or “you”) in their 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 concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity. “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 regarding the conclusion of the contract apply to orders via our online shop at https://digitized.world.
(2) Our product presentations on the Internet are not binding and do not constitute a binding offer to conclude a contract.
(3) The following rules apply to the receipt of an order in our online shop: 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:
- Selection of digital goods,
- Adding the products by clicking on the corresponding button (for example, “Add to cart”, “To shopping bag” or similar)
- Checking the details in the shopping cart
- Calling up the order overview by clicking on the corresponding button (eg “Continue to checkout”, “Continue to pay”, “To order overview” or similar)
- Input / verification of address and contact details, choice of payment method, confirmation of terms and conditions and cancellation policy,
- Completion of the order by pressing the button “Order Now”. This represents your binding order.
- 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 case of the conclusion of the contract, the contract is constituted with inMotion Publishing Karban PhD, Lerchenreith 320, 8990 Bad Aussee, Austria.
5) Before ordering, the contract data can be printed or electronically saved via 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 Terms of Service 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 by means of the usual keyboard, mouse and browser functions (for example »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 processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You therefore have to ensure that the e-mail address you provide us is correct, that the receipt of the e-mails is technically ensured and, in particular, that no SPAM filters prevent this on your E-Mail account.
§ 3 Subject of the Contract and essential Characteristics of the Products
(1) The subject of our online shop is:
The sale of digital goods (EBooks). The concrete offered digital goods can be found on our article pages.
(2) The essential features of these digital goods can be found in the item description.
(3) The sale of digital products shall be subject to the restrictions specified in the product description or otherwise resulting from the circumstances, 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 resale or sublicense.
§ 4 Prices, Shipping and Selivery
(1) The prices quoted in the respective offers 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 (in our case the possibility to download the e-book – 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.
(2a) In the case of a pre-order, the payment method must be chosen, the actual transaction will not take place until the date of release of the download.
(3) In addition to the prices quoted, delivery costs of ( non digital) products may be subject to delivery charges, unless the respective item is shown as free of charge. The shipping costs are clearly communicated to you on the offers, if applicable in the shopping cart system and on the order summary.
(4) All products offered are, unless clearly stated otherwise in the product description, available immediately after receipt of payment.
5) Delivery takes place worldwide.
§ 5 Right of Retention
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
§ 6 Right of Withdrawal
As a consumer, you have a right of withdrawal. This is based on our cancellation policy.
§ 7 Legal Responsibility
(1) Subject to the following exceptions, our liability for contractual breaches of duty and tort is limited to intent 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 without limitation. If we are in default due to 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 attributable thereto is limited to the contractually foreseeable damage. An essential contractual obligation is one whose fulfillment enables the proper execution of the contract in the first place, the breach of which endangers the achievement of the purpose of the contract and the compliance with which you may regularly rely. In particular, this includes our obligation to act and the fulfillment of the contractually owed performance, which is described in § 3.
§ 8 Contract language
As contract language german will be available exclusively. (This ToS are translated)
§ 9 Warranty
(1) The warranty is governed by the statutory provisions.
(2) As a consumer, you are requested to check the item / digital goods or the service rendered 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.
§ 10 Final Provisions
(1) Austrian 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 entity 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 (Austria)