(1) Diana Kempf, Bullauer Weg 3, 64760 Oberzent, Germany (hereinafter: “we” or “nana.p”) operates an online shop for digital goods under the website www.nana-p.com. The following general 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” within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity can be attributed. “Entrepreneur” is a natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity, whereby a legal partnership is a partnership that is equipped with the ability to acquire rights and incur liabilities.
(1) The following regulations regarding the conclusion of a contract apply to orders via our online shop at www.nana-p.com.
(2) Our product presentations on the internet are non-binding and not a binding offer to conclude a contract
(3) When an order is received in our online shop, the following regulations apply: The customer submits a binding contract offer by successfully completing the order procedure provided in our online shop. The order is placed in the following steps:
(4) In the event of the conclusion of the contract, the contract is concluded with Diana Kempf, Bullauer Weg 3, 64760 Oberzent, Germany.
(5) Before ordering, the contract data can be printed out or saved electronically using the print function of the browser. 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 and conditions and the cancellation policy, takes place by e-mail after the order has been triggered by you, in some cases automatically. We do not save the contract text after the contract has been concluded.
(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. the browser’s »back button«). They can also be corrected by prematurely canceling the order process, closing the browser window and repeating the process.
(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract takes place by e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically guaranteed and, in particular, is not prevented by SPAM filters.
(1) The subject matter of the contract in our online shop is: The sale of digital goods (media downloads). You can find the specific digital goods offered on our article pages.
(2) The essential characteristics of the digital goods can be found in the item description. If the agreed quality of the goods deviates from their usual quality and conditions of use, this will be expressly pointed out in the item description (negative quality agreement). If the customer has given his express consent to the negative quality deviation, this defines the subject matter of the contract.
(3) The restrictions apparent from the product description or otherwise arising from the circumstances apply to the sale of digital products, in particular with regard to hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject matter of the contract is only the private use of the products without the right to resell or sublicense them.
(1) The prices stated in the respective offers are total prices and include all price components, including all applicable taxes.
(2) The respective purchase price must be paid before the product is delivered (advance payment), unless we expressly offer 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 for the individual payment methods, the payment claims are due for payment immediately.
(3) Unless explicitly stated otherwise in the product description, all offered products are immediately available for download (Delivery time: Immediate download after payment receipt). After a successful purchase, you will receive the digital content in the agreed form (download link, license key, or similar).
(4) Our digital products are delivered exclusively to the following countries: European Union, Switzerland, Liechtenstein, United Kingdom, USA, Canada, and New Zealand. Unfortunately, orders from other countries cannot be processed.
(5) We assume no liability for technical problems that occur beyond our control (e.g., country-specific internet restrictions).
(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.
As a consumer, you have a right of withdrawal. This is based on our cancellation policy.
German is the only contract language available. Translations into other languages are for information purposes only. In the event of contradictions, the German text takes precedence.
(1) Subject to the following exceptions, our liability for contractual breaches of duty and for tort is limited to intent or gross negligence.
(2) We are liable without limitation in the event of slight negligence in the event of injury to life, limb or health or in the event of a breach of an essential contractual obligation. If we are in default with the service due to slight negligence, if the service has become impossible or if we have breached an essential contractual obligation, liability for property damage and financial loss resulting therefrom is limited to the damage typically foreseeable under the contract. An essential contractual obligation is one whose fulfillment is essential for the proper execution of the contract, whose violation endangers the achievement of the purpose of the contract and on whose compliance you can regularly rely. This includes in particular our obligation to take action and to fulfill the contractually owed service, which is described in § 3.
(3) If the customer fails to install an update that has been made available to him and about whose availability he has been informed within a reasonable period of time when purchasing goods with digital elements or when purchasing digital products (digital content and services), we are not liable for a material defect that is solely due to the lack of this update.
(1) The warranty is based on the statutory provisions.
(2) The warranty period for entrepreneurs for delivered goods is 12 months.
(3) As a consumer, you are asked to check the digital goods immediately upon fulfillment of the contract for completeness and obvious defects and to notify us as soon as possible. If you do not comply with this, this will of course have no effect on your statutory warranty claims.
(1) German law applies. 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 is habitually resident is not withdrawn (principle of preferential treatment).
(2) The provisions of the UN Sales Convention are expressly not applicable.
(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 provider’s registered office.
