1. Declaration of Revocation
Cancellation policy prepared in accordance with EGBGB Annex 1 to Art. 246a § 1 Para. 2 Sentence 2. Reference: BGBl. I 2013, 3642 - 3670
CANCELLATION POLICY
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract.
In order to exercise your right of withdrawal, you must inform us Lume-Hosting of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.
You can also fill in and submit the model withdrawal form or another clear declaration electronically on our website www.lume-hosting.com. If you make use of this option, we will send you confirmation of receipt of such revocation without delay (e.g. by e-mail). To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.
Consequences of Revocation
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
Sample Cancellation Form
(If you wish to revoke the contract, please complete and return this form).
Lume-Hosting
- - I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- - Ordered on (*)/received on (*)
- - Name of the consumer(s)
- - Address of the consumer(s)
- - Signature of the consumer(s) (only in the case of notification on paper)
- - Date
(*) Delete as applicable.
Obtain the following consents by unchecked checkbox from the consumer in the ordering process and provide him with a copy of his waiver of the right of withdrawal on a durable medium, e.g. with the order confirmation email:
- I expressly agree that before the expiry of the withdrawal period with the execution of the contract is commenced.
- I am aware that my right of withdrawal expires with the start of the execution.
2. General Terms and Conditions (GTC)
§ 1 Scope of Application, Definitions
(1) These General Terms and Conditions of Sale (hereinafter: GTC) apply to all contracts concluded via our online shop between us, company Lume-Hosting [Emrah Salifoski, c/o Postflex #7266, Emsdettener Str. 10, 48268 Greven, no packets or parcels – we wont accept them] (hereinafter: "supplier" or "we") and you as our customer (hereinafter: "customer" or "you"). The GTC apply regardless of whether you are a consumer, entrepreneur or merchant. The version of the GTC valid at the time of conclusion of the contract shall apply.
(2) We do not accept deviating terms and conditions of the customer. This shall also apply if we do not expressly object to their inclusion.
(3) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be predominantly attributed to his commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural person or legal entity or partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding the contract.
§ 2 Customer Account
(1) For the purchase and download of digital products, the customer must create a simple customer account free of charge. To do so, he enters his first name, last name, address and e-mail address in the registration form, determines a freely selectable password and accepts these GTC. Further data can be entered via the personal profile page after the customer account has been created. Each customer may only register once. The prerequisite for opening a customer account is that the customer is of legal age.
(2) After submitting the completed registration form, the customer will receive an automatically generated e-mail containing a hyperlink via which he can authenticate himself.
(3) The customer is obliged to choose a sufficiently secure password and to keep it secret. As soon as the customer becomes aware or should have become aware that his password is accessible to a third person, he must change the password immediately.
(4) The customer has to be atleast 13 years old in order to be able to register.
§ 3 Conclusion of Contract
(1) The presentation and advertising of items in our online shop do not constitute a binding offer to conclude a purchase contract.
(2) The customer can select products, in particular Gameservers, from the provider's range and collect them in a so-called shopping basket by clicking on the button "add to shopping basket". By clicking on the button "order subject to payment", the customer submits a binding application to purchase the goods in the shopping cart. Before sending the order, the customer can change and view the data at any time. However, the application can only be submitted and transmitted if the customer has accepted these contractual conditions by clicking on the button "Accept GTC" and has thereby included them in his application.
(3) The Provider shall then send the Customer an automatic confirmation of receipt by e-mail, in which the Customer's order is listed again and which the Customer can print out using the "Print" function. The automatic confirmation of receipt merely documents that the Provider has received the Customer's order and does not constitute acceptance of the application. The contract is not concluded until the Provider issues the declaration of acceptance, which is sent with a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the text of the contract (consisting of the order, GTC and order confirmation) shall be sent by us to the customer on a durable medium (e-mail or paper printout) (contract confirmation). The text of the contract will be stored in compliance with data protection laws.
(4) The contract shall be concluded in German.
§ 4 Delivery, availability of goods
(1) Delivery times stated by us are calculated from the time of our order confirmation, assuming prior payment of the purchase price (except for purchase on account). If no or no deviating delivery time is specified for the respective goods in our online shop, it shall be 5 days.
(2) If online delivery is not possible at the time of the customer's order, the supplier shall inform the customer of this immediately in the order confirmation. If the product is permanently not available, the supplier shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded.
(3) If the product designated by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this immediately in the order confirmation.
§ 5 Prices, provision for download
(1) All prices stated on the website of the Provider are inclusive of the applicable statutory value added tax.
(2) When purchasing digital goods, the Supplier shall make the goods available to the Customer by download via the Customer's account.
§ 6 Payment modalities
(1) The customer can pay by direct debit, credit card, on account and PayPal. Payment on account is not possible for new customers for the first order up.
(2) The customer can change the payment method stored in his user account at any time.
(3) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, he shall pay the supplier interest on arrears for the year at a rate of 5 percentage points above the base interest rate.
(4) The obligation of the customer to pay interest on arrears does not exclude the assertion of further damages caused by arrears by the supplier.
§ 7 Right of use
(1) The customer does not acquire ownership of digital content, but rather the simple, non-transferable right of use to use the digital content offered for exclusively personal use in the manner offered in each case.
(2) The customer is entitled to download the purchased digital content once, to use it exclusively for personal use and to copy it to his own end devices. The customer is not permitted to change the content or editorial content of digital content, to copy it for third parties, to make it publicly accessible, to post it on the Internet or in other networks, whether for a fee or free of charge, to imitate it, to print it, to resell it or to use it for commercial purposes.
(3) The option to re-download digital content by the provider is voluntary. The provider is entitled to temporarily or permanently change, interrupt or completely discontinue the download option at any time. In addition, the provider is entitled to delete individual digital contents from the customer account if there is an important reason for doing so. This is the case, for example, in the event of disputes about possible infringements of rights. Digital content that has already been downloaded to the customer's own storage location is excluded from the possibility of deletion.
(4) The granting of the rights of use to digital content shall be subject to the condition precedent of full payment of the agreed purchase price.
§ 8 Warranty for material defects, guarantee, updates
(1) The supplier is liable for material defects in accordance with the applicable statutory provisions, in particular in accordance with §§ 327 d-h ff. BGB. The warranty period for digital products supplied by the Supplier to entrepreneurs is 12 months.
(2) An additional guarantee exists for the goods delivered by the supplier only if this was expressly given in the order confirmation for the respective item.
(3) Any necessary updates (in particular function-maintaining updates and security updates) shall be made available to the customer by the provider or the manufacturer pursuant to Section 327f I 3 No. 2 BGB. The provider shall inform the customer about the provision. Customers are obliged to install updates that affect the security and functionality of the goods.
§ 9 Liability
(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Material contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical for the contract if such damage was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, limb or health.
(3) The restrictions of paragraphs 1 and 2 shall also apply in favour of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.
(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply insofar as the supplier has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. The same applies insofar as the supplier and the customer have reached an agreement on the quality of the item. The provisions of the Product Liability Act shall remain unaffected.
§ 10 Data protection
You can find detailed information on data protection with us, in particular on the scope of the processing of your data and your legal rights, in our data protection declaration under: https://lume-hosting.com/policy
§ 11 Statutory right of withdrawal for consumers
Cancellation policy
Right of withdrawal:
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract.
In order to exercise your right of withdrawal, you must inform us, Lume-Hosting, of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You can use the attached model withdrawal form for this purpose, which is, however, not mandatory.
You can also fill in and submit the model withdrawal form or another clear declaration electronically on our website www.Lume-Hosting.com. If you make use of this option, we will send you confirmation of receipt of such revocation without delay (e.g. by e-mail). To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.
Exceptions for Digital Content:
For contracts concerning the supply of digital content that is not delivered on a tangible medium (e.g. downloads), you explicitly agree that the right of withdrawal expires as soon as the download or streaming of the digital content begins. By purchasing digital content, you waive your right of withdrawal and acknowledge that we are not obligated to refund the purchase price after the content has been made available to you.
This also includes Gameservers, as soon as we send you your server credentials your right of withdrawal expires.
Consequences of revocation:
If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
Model cancellation form:
(If you wish to revoke the contract, please complete and return this form.)
Lume-Hosting
- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in the case of notification on paper)
- Date
(*) Delete as applicable.
§ 12 European Dispute Resolution for Consumers
(1) We refer to the online dispute resolution for consumers pursuant to Article 14 (1) ODR Regulation: The European Commission provides a platform for online dispute resolution (OS), which you can access at http://ec.europa.eu/consumers/odr/. Here you can enter into the out-of-court settlement of consumer disputes arising from online contracts.
(2) We are not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board.
§ 13 Applicable law and place of jurisdiction
(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
(2) If you are a merchant and have your registered office in Germany at the time of the order, the exclusive place of jurisdiction is the registered office of the supplier. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.
(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The invalid points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract shall, however, become ineffective as a whole.
