Terms of Sale
Red Octopus GmbH – Entertainment, Music & Art
Geschäftsführung: B. Dransfeld
Sitz der Gesellschaft: München
Terms of Sale
You should carefully read the following terms of sale („Terms of Sale“). By placing an order to purchase a product you agree to submit a legally binding offer to conclude a contract and you acknowledge that you are at least 18 years ort hat you have the permission from your parents or a legal guardian to enter into this legal contract.
These Terms of Sale regulate the puchase of digital content, such as software which is not supplied on a tangible medium.
1. Your Order
By placing an order you submit a binding offer to purchase the relevant digital content from von Red Octopus GmbH – Entertainment, Music & Art, Pappenheimstr. 7, 80335 München, Deutschland, HRB 187974, Amtsgericht München.
(hereinafter referred to as “we” or “us”). Your order is accepted and a contract concluded once we have sent you a confirmation email (“Confirmation Email”) or we have enabled access to the Digital Content. The use of Digital Content is also governed by the Red Octopus GmbH – Entertainment, Music & Art End User License Agreement (EULA).
Important: You hereby expressly consent that the supply of Digital Content begins immediately after we have sent you our confirmation email (“Confirmation Email”).
2. Prices and payment
Since we are a „small business“ as defined in §19 UStG (German Value Added Tax Act), we do not bill VAT and therefore do not display VAT. Digital Content is sold to you on a pre-payment basis. Payment is due immediately with the order.
Different payment methods indicated during the ordering process, such as bank transfer or paypal will be available to you. For the use of any third-party payment and billing provider, such as PayPal, that provider’s additional terms and costs may apply.
We provide several methods of payment:
Payment by bank transfer
You will automatically receive an order confirmation via e-mail when ordering, following an email with our bank details. Please be sure to specify your order number or name! Any bank charges are to be borne by the customer.
With Paypal you pay with your credit card or with your credit on your Paypal account. For the use of any third-party payment and billing provider, such as PayPal, that provider’s additional terms and costs may apply.
3. Right of withdrawal
You have the right to withdraw from a contract within 14 calendar days without giving any reason. The withdrawal period will expire 14 days after the day of the conclusion of the contract. To exercise the right of withdrawal you shall inform us, (Red Octopus GmbH – Entertainment, Music & Art, Pappenheimstr. 7, 80335 München, E-Mail: firstname.lastname@example.org) of your decision to withdraw by an unequivocal statement (e.g. written letter sent by post or email) including your name, address, order number, date of order and date of withdrawal. For this purpose you may use the model withdrawal form included below, but which is not mandatory. 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.
Model withdrawal form: To: Red Octopus GmbH – Entertainment, Music & Art, Pappenheimstr. 7, 80335 München, E-Mail: email@example.com: – I hereby give notice that I withdraw from my contract of sale of the following digital content/for the provision of the following service: [please insert name of digital content/service] – Ordered on: [please insert date] – Order number: [please insert order number] – Name: [please insert your name] – Address: [please insert your address] – Date: [Please insert date and if sent by mail, signature]
Effects of withdrawal:
If you withdraw from the contract, we shall reimburse to you all payments received from you 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. 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 this reimbursement.
Important: You hereby expressly acknowledge that you lose your right of withdrawal in respect of the purchase of Digital Content once the performance has begun (see Section 1. above).
In case of a defect the regulations of statutory law apply.
Our products are protected by copyright. The customer is not entitled to copy our products by himself or throughout third parties, to reproduce, distribute and/or sell them or to film them in whole or parts for distribution, especially not for commercial reasons/monetization.
6. Governing law and place of jurisdiction
The Terms of Sale shall be governed by and construed in accordance with German law, excluding its conflicts of law rules and excluding the UN Convention on Contracts for International Sale of Goods. To the fullest extent permissible under applicable law, you expressly agree that exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Sale shall be the courts of Germany.