Cancellation policy & terms

Right of withdrawal

Consumers have a right of withdrawal as set out below. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business or profession.

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period will expire after 14 days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us (Sebastian Felsberg, felsberg-design.de Web & App Development, Tulpenstraße 18, 01705 Freital, Germany, phone: +49 173 6722738, email: kontakt@felsberg-design.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). You may use the model withdrawal form below, but it is not obligatory.

You can also declare your withdrawal online using our withdrawal function “Withdraw from contract here” (link in the footer of every shop page). We will then confirm receipt of your withdrawal by email without delay.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

Early expiry of the right of withdrawal

For a contract for the supply of digital content not on a tangible medium (e.g. software download and licence key), the right of withdrawal expires once we have begun performing the contract after you have

1. expressly agreed that we begin performing the contract before the withdrawal period expires, 2. acknowledged that by giving this consent you lose your right of withdrawal once performance begins, and 3. received from us a confirmation of the contract pursuant to Section 312f of the German Civil Code (BGB).

You give this consent in the shop via the checkbox provided before placing your order. You receive the confirmation by email. Performance begins when the licence key and download are made available immediately after payment or – for subscriptions with a trial period – immediately after the order is completed.

Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.)

To: Sebastian Felsberg, felsberg-design.de Web & App Development, Tulpenstraße 18, 01705 Freital, Germany, email: kontakt@felsberg-design.de

– I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*) – Ordered on (*)/received on (*) – Name of consumer(s) – Address of consumer(s) – Signature of consumer(s) (only if this form is notified on paper) – Date

(*) Delete as appropriate.

§ 1 Scope and provider

(1) These General Terms and Conditions (T&Cs) apply to all contracts concluded via the online shop at shop.felsberg-design.de. The provider and contracting party is Sebastian Felsberg, felsberg-design.de Web & App Development, Tulpenstraße 18, 01705 Freital, Germany, email: kontakt@felsberg-design.de (hereinafter “Provider”).

(2) The shop is aimed at consumers and businesses. Deviating terms of the customer do not apply unless the Provider expressly agrees to them.

§ 2 Subject matter

(1) The Provider sells software in the form of usage licences, supplied by download and unlocked with a licence key. Perpetual licences (one-time payment, unlimited use) and monthly subscriptions (use for as long as the subscription is paid) are offered.

(2) The product description in the shop at the time of the order determines the features, system requirements and the number of devices on which a licence key may be activated at the same time.

(3) Some products are offered free of charge (§ 9). The software can also be tried without a licence key for a limited period (§ 8).

§ 3 Conclusion of the contract

(1) The presentation of products in the shop is not a legally binding offer but an invitation to order.

(2) The customer adds the desired products to the cart, enters their details, confirms consent to early performance (see cancellation policy) and submits a binding offer by clicking “Place binding order”. Until then, all entries can be corrected at any time. The customer then chooses a payment method in the payment form of the payment provider Stripe and completes the payment.

(3) The Provider accepts the offer by making the licence key available to the customer on the confirmation page or by email after successful payment (for subscriptions with a trial period, after the order is completed) – whichever happens first.

(4) The contract languages are German and English. The Provider stores the contract text (order data). The customer receives the order data and licence keys by email and can access them in the customer account (“My account”). These T&Cs can be viewed on this page at any time and can be printed or saved.

§ 4 Prices and payment

(1) All prices are final prices in euros. In accordance with Section 19 of the German VAT Act (small business regulation), no VAT is charged or shown. There are no shipping costs.

(2) Payment is processed by the payment provider Stripe Payments Europe, Ltd. The payment methods shown in the payment form are available (e.g. credit card, PayPal, Klarna, bank transfer). The terms of the respective payment provider apply in addition.

(3) Perpetual licences are due immediately when the order is completed. Subscriptions are billed monthly in advance; if a subscription starts with a free trial, the first charge is made at the end of the trial.

(4) The customer receives the invoice by email from Stripe on behalf of the Provider.

§ 5 Delivery

(1) The software is supplied exclusively in digital form. The licence key and download are available immediately after conclusion of the contract on the confirmation page, by email and in the customer account.

(2) For activation, the software connects to the Provider's licence server and transmits the licence key and a device identifier. An internet connection is required for activation and regular licence checks. Details can be found in the privacy policy.

§ 6 Rights of use

(1) The customer receives a simple, geographically unrestricted right to use the software in accordance with these T&Cs – unlimited in time for perpetual licences, and for the paid period for subscriptions.

(2) A licence key may only be active on the number of devices stated in the product description at the same time. Devices can be released in the customer account and the key can then be activated on another device.

(3) The customer may transfer a perpetual licence to a third party if they completely cease their own use, release all activations and notify the Provider of the transfer. Subscriptions are not transferable.

(4) The software may not be rented out, modified, decompiled or otherwise altered unless mandatorily permitted under Sections 69d and 69e of the German Copyright Act. Copyright notices, serial numbers and licence checks may not be removed or circumvented.

§ 7 Subscriptions

(1) A subscription runs for an indefinite period and renews for one month at a time unless cancelled.

(2) The customer can cancel the subscription at any time with effect from the end of the current billing month, without giving reasons – without signing in via the “Cancel contracts here” button in the footer of every shop page, in the customer account under “My account” or in text form (e.g. by email) to the Provider. The Provider confirms receipt of a termination submitted via the button by email without delay. Amounts already paid for the current month are not refunded pro rata; the licence key remains valid until the end of the paid period.

(3) If the shop offers a free trial for subscriptions, it applies once per email address. If the customer cancels before the end of the trial, no costs are incurred.

(4) The right of both parties to terminate for good cause remains unaffected. Good cause exists for the Provider in particular if the customer is in default of payment or uses the software contrary to § 6.

(5) The Provider may change the price of a subscription with effect for the future. The Provider will notify the customer in text form at least six weeks in advance. The customer may cancel until the change takes effect; if they do not cancel, the new price applies from the next billing month. The Provider will point out this consequence in the notification.

§ 8 Trial version

The software can be tried for 14 days without purchase and without a licence key, once per product and device. The trial is free of charge; there is no entitlement to it. After it expires, a licence is required for further use.

§ 9 Free software and donations

(1) Software marked as free is provided for download free of charge and without a licence key. The terms of use stated in the software or the product description apply.

(2) For free software and trial versions, the Provider is only liable for intent and gross negligence and for fraudulently concealed defects. Liability for injury to life, body or health and under the Product Liability Act remains unaffected.

(3) Donations are voluntary and do not create any entitlement to anything in return, such as support, updates or features. A donation cannot be converted into a licence.

§ 10 Warranty and updates

(1) For paid software, the statutory provisions on defects of digital products (Sections 327 et seq. BGB) apply, or – towards businesses – the statutory warranty rights.

(2) The Provider supplies consumers with the updates necessary to keep the software in conformity with the contract, in particular security updates, to the extent required by law (Section 327f BGB). Further feature enhancements are only owed if promised in the product description.

§ 11 Liability

(1) The Provider is liable without limitation for intent and gross negligence, for injury to life, body or health, under the Product Liability Act and to the extent of any guarantee given.

(2) In the event of a slightly negligent breach of an essential contractual obligation (cardinal obligation), the Provider is only liable for the foreseeable damage typical of the contract. Essential contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment the customer may regularly rely.

(3) Otherwise, liability for slight negligence is excluded. These limitations also apply in favour of the Provider's agents.

(4) The customer is responsible for regularly backing up their data. In the event of data loss, the Provider is only liable for the effort that would have been required to restore the data had it been properly backed up.

§ 12 Data protection

Information on the processing of personal data (orders, payment via Stripe, customer account, licence activation, trial versions) can be found in the privacy policy linked in the footer.

§ 13 Dispute resolution

The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

§ 14 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law only applies insofar as it does not deprive them of the protection of mandatory provisions of the law of the state in which they have their habitual residence.

(2) 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 this contract is the Provider's registered office.