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Terms and conditions
General terms and conditions with customer information
- These General Terms and Conditions (hereinafter referred to as “GTC”) of SmmStore (hereinafter referred to as “Licensor”), apply to all contracts for the delivery of data not contained on a physical data carrier, which are produced and provided in digital form (digital content), which a consumer or entrepreneur (hereinafter referred to as “Licensee”) concludes with the Licensor regarding the digital content displayed by the Licensor in his online store. The inclusion of the licensee’s own terms is hereby contradicted, unless otherwise agreed.
- The subject of the contract is the transfer of the digital content offered by the licensor to the licensee in electronic form, subject to the granting of certain rights of use which are regulated more precisely in these General Conditions.
- Consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes which cannot be predominantly attributed to either his commercial professional activity or his independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
Conclusion of the contract
- The contents published in the online shop of the licensor do not represent binding offers on the part of the licensor, but serve the submission of a binding offer by the licensee.
- The licensee can submit the offer via the online order form integrated into the online shop of the licensor. In doing so, the Licensee, after placing the selected content in the virtual shopping cart and going through the electronic ordering process, submits a legally binding offer to conclude a contract regarding the contents of the shopping cart by clicking on the button concluding the ordering process.
- The Licensor may accept the Licensee’s offer within five days,
- by sending the Licensee a written order confirmation or an order confirmation in text form (fax or e-mail), the receipt of the order confirmation by the Licensee being decisive, or
- by providing the Licensee with the ordered Content, access to the Licensee being decisive, or
- If there are several of the alternatives, the contract is concluded when one of the alternatives occurs first. If the licensor does not accept the licensee’s offer within this period, this will be considered as a rejection of the offer with the consequence that the licensee is no longer bound by his declaration of intent.
- The period for acceptance of the offer begins on the day following the sending of the offer by the licensee and ends on the expiry of the fifth day following the sending of the offer.
Right of withdrawal
Consumers are generally entitled to a right of withdrawal. You will find more detailed information on the right of revocation in the licensor’s revocation instruction.
Transfer of content
The Content is provided exclusively in electronic form by e-mail or by downloading from the Licensor’s website.
Grant of rights of use
- Unless otherwise specified in the description of the Licensor’s online store, the Licensor grants the Licensee the non-exclusive right to use the content provided for private and professional purposes, without limitation of time or place.
- The transfer of the contents to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted, unless the licensor has agreed to a transfer of the contractual license to the third party.
- The granting of rights only becomes effective when the Licensee has fully paid the contractually due remuneration. The licensor may also provisionally authorize the use of the content of the contract before this period. This provisional authorization does not constitute a transfer of rights.
If the Licensee acts as a merchant, legal person under public law or special fund under public law with its registered office in the territory of the Federal Republic of Canada, the exclusive place of jurisdiction for all disputes arising from this contract is registered office of the licensor. If the Licensee has its registered office outside the territory of the Federal Republic of Canada, the place of establishment of the Licensor shall be the exclusive place of jurisdiction for all disputes arising from this Agreement if the Agreement or claims arising from the Agreement may be attributed to the professional or commercial activities of the Licensee. In the above-mentioned cases, the Licensor is however entitled to take legal action before the court of the place of establishment of the Licensee.