Note: This is a draft. Please have it reviewed by a lawyer before publication.

§ 1 Scope and provider

These General Terms and Conditions (GTC) apply to all orders and contracts concluded via the online shop at openvuture.com and the associated domains between OpenVuture – Adrian Fredl, Altenmaiser Straße 6a, 94244 Teisnach, Germany (hereinafter the “provider”) and the customer. They apply to consumers (§ 13 BGB) and entrepreneurs (§ 14 BGB). Deviating terms of the customer are not recognised unless the provider expressly agrees to their application.

§ 2 Conclusion of contract

The presentation of products and services in the shop does not constitute a legally binding offer but an invitation to place an order. By clicking the “order with obligation to pay” button, the customer submits a binding offer. The contract is concluded when the provider accepts the order through an order confirmation by email or by dispatching the goods or rendering the service. An automatic acknowledgement of receipt does not yet constitute acceptance.

§ 3 Prices and payment

All prices are final prices in euros. Due to the small business regulation under § 19 UStG, no value added tax is shown. Shipping costs are shown separately during the order process. Payment is due immediately upon conclusion of the contract. The following payment methods are available, among others: Visa, Mastercard, PayPal, Klarna, Apple Pay, Google Pay, Sofort and credit card via Stripe. The respective available payment methods are displayed during the order process.

§ 4 Delivery and delivery time

Delivery is worldwide. Shipping costs depend on the place of delivery and are shown during the order process. For deliveries outside the EU, additional customs duties, taxes or fees may apply, which are to be borne by the customer. Unless otherwise stated, the delivery time is a maximum of 15 working days after conclusion of the contract or after receipt of payment. Collection in person is possible by prior arrangement.

§ 5 Retention of title

The delivered goods remain the property of the provider until full payment.

§ 5.1 Licence agreement for the use of digital illustrations provided free of charge

By downloading and using the images from this website, you agree to the following licence terms:

• Free use: All images on this website are provided permanently and free of charge to every user.

• Private use only: Use of the images is permitted exclusively for private purposes. This includes in particular use as a private wallpaper (e.g. on a smartphone, desktop PC or on purely private social media profiles).

• No commercial use: Any use of the images for commercial, business or advertising purposes is strictly prohibited. Use on business websites, in online shops or for marketing purposes is not permitted.

• Protection of the name & exclusion of products: The images may not be used for products (e.g. merchandise, clothing, posters, digital products/templates) or shown in direct connection with commercial brands and products without obtaining our express written consent in advance.

• Prohibition of resale and sublicensing: It is prohibited to offer the images for download, distribute, sell or grant sublicences for them on other platforms (e.g. stock photo platforms, image databases).

• Public use only with attribution: Any public use (e.g. on private blogs, in non-commercial forums or public presentations) is permitted only with a clear statement of the source.

• Copyright: The copyright to all images offered remains fully and at all times with us. This agreement grants only simple rights of use to the extent stated above; no ownership rights are transferred.

§ 6 Right of withdrawal

Consumers have a statutory right of withdrawal. The details can be found in the separately provided Right of withdrawal. The right of withdrawal does not exist or expires prematurely for goods that are made to customer specifications or clearly tailored to personal needs (in particular custom-made items and 3D-printed components), as well as for services that the provider has fully rendered at the customer’s express request before the withdrawal period has expired.

§ 7 Services (repair, assembly, software installation, server conversion)

For repair, assembly, installation and conversion services, the following applies additionally: the customer is responsible for backing up their own data and must make a complete data backup before handing over a device. The provider is not liable for the loss of data unless this is based on gross negligence or intent. Where technically necessary, a reinstallation or deletion of data may be required as part of the service; the customer will be informed of this in advance where possible.

§ 8 Warranty (liability for defects)

The statutory provisions on liability for defects apply. The warranty period is two years from receipt of the goods; this also applies to used or refurbished devices. Towards entrepreneurs, the warranty period for used goods may be one year.

§ 9 Return costs

In the event of an effective withdrawal, the customer bears the direct costs of return. In the case of justified complaints about defects (warranty) as well as incorrect or faulty deliveries for which the provider is responsible, the provider bears the return costs. Return address: OpenVuture – Adrian Fredl, Altenmaiser Straße 6a, 94244 Teisnach, Germany.

§ 10 Liability

The provider is liable without limitation for intent and gross negligence as well as under the Product Liability Act. In the case of slightly negligent breach of essential contractual obligations (cardinal obligations), liability is limited to the foreseeable damage typical for the contract. Otherwise, liability is excluded. Liability for injury to life, body and health remains unaffected.

§ 11 Dispute resolution

The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/. The provider is not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

§ 12 Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Towards consumers, this choice of law applies only insofar as it does not restrict any mandatory consumer protection provisions of the state of their habitual residence. Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.