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General Terms and Conditions (GTC)
for the sale of digital content (PDF templates for coloring pages, window decorations, craft templates)
Contracting Parties
These General Terms and Conditions (GTC) govern the contract between the customer and
Bineki GmbH
Erich Rittinghaus Strasse 2/13
89250 Senden
Email address: info@bineki.de
Support/Help: hilfmir@bine-braendle.de
VAT ID No. 344672663
hereinafter referred to as the Provider.
Section 1 Scope of Application
(1) These General Terms and Conditions (GTC) apply to all contracts between the Provider and its customers for the sale of digital content (in particular PDF templates for coloring pages, window decorations, and craft templates) concluded via the Provider's online shop.
(2) Customers may be consumers or businesses. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity. A business is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the course of its commercial or independent professional activity.
Section 2 Subject Matter of the Contract
(1) The subject matter of the contract is digital content, in particular PDF templates for coloring pages, window decorations, and printable craft templates.
(2) The digital content is provided exclusively in electronic form by making a download link available. No physical goods will be shipped.
(3) The essential characteristics of the digital content are described in the respective product descriptions in the online shop.
Section 3 Conclusion of Contract
(1) The products displayed in the provider's online shop do not constitute a legally binding offer, but rather a non-binding invitation to the customer to submit an offer to conclude a contract.
(2) The customer submits their binding offer to enter into a contract by completing the order process in the online shop and finally clicking the "Buy Now" button (or an equivalent, clearly binding payment button).
(3) The order process includes, in particular, the following steps:
Selecting the product
Adding the product to the shopping cart
Proceeding to checkout ("Continue to checkout")
Entering the required customer data
Selecting the payment method
Confirming the terms and conditions and – in the case of digital content – the special cancellation policy
Clicking "Buy Now"
(4) After submitting the order, the customer receives an automatically generated email confirming receipt of the order (order confirmation). The contract is concluded upon receipt of this order confirmation.
(5) Following the order confirmation, the customer receives a separate email containing the download links for the purchased digital content.
Section 4 Prices and Payment Terms
(1) All prices stated in the online shop are final prices and include statutory VAT.
(2) Since the content is exclusively digital, there are no shipping costs.
(3) Payment is made using the payment methods offered in the online shop (e.g., PayPal, credit card, Klarna, Apple Pay, Google Pay, ShopPay, Amazon Pay).
(4) Payment is due immediately upon conclusion of the contract.
Section 5 Provision of Digital Content / Download (Unlimited Download – but without Guarantee)
(1) After successful receipt of payment, the customer receives a download link through which they can download the purchased digital content (e.g., PDF files). The download link is usually made available immediately after payment.
(2) The provider currently provides the download link without a fixed limit on the number of possible downloads. However, the customer is expressly advised that permanently unlimited or permanent access to the download link cannot be guaranteed.
(3) The provider is entitled to restrict or deactivate the download link at any time for technical, security, or organizational reasons. The customer has no right to have the download link provided again, unless such an obligation arises from mandatory legal provisions or has been expressly agreed upon.
(4) The customer is obligated to permanently save and back up the downloaded files on their own device immediately after the first download, as the provider does not guarantee permanent access.
Section 6 Rights of Use / Copyright
(1) The offered digital content (PDF templates and designs) is protected by copyright. All rights to this content remain with the provider.
(2) Upon purchase of digital content, the customer receives a simple, non-exclusive, and non-transferable right of use for private purposes.
(3) In particular, the customer is prohibited from:
using the digital content or prints created from it commercially,
reproducing, distributing, making publicly available, or selling the files or designs unless expressly permitted,
making the content available to third parties in a manner that is equivalent to resale or public distribution.
(4) The use of the templates in institutions such as kindergartens, schools, children's homes, children's hospitals, and retirement homes is permitted for non-commercial purposes. Any further commercial use requires the prior express consent of the provider.
Section 7 Right of Withdrawal for Digital Content
(1) For contracts concerning the delivery of digital content that is not supplied on a physical data carrier (e.g., PDF downloads), there is generally a statutory right of withdrawal pursuant to Sections 312g and 355 of the German Civil Code (BGB).
(2) However, the right of withdrawal expires prematurely if the provider begins performance of the contract after the customer:
has expressly consented to the provider beginning performance of the contract before the end of the withdrawal period, and
has confirmed that they are aware that they will lose their right of withdrawal upon commencement of performance of the contract.
(3) During the ordering process, the customer is therefore expressly informed of the following and must actively confirm this declaration:
"I expressly consent to performance of the contract beginning before the end of the withdrawal period. I am aware that my right of withdrawal expires upon commencement of performance."
(4) The provider is only entitled to provide the download link once the customer has submitted this declaration.
(5) Insofar as the right of withdrawal has not expired pursuant to paragraph 2, the statutory provisions regarding the right of withdrawal shall otherwise apply.
Section 8 Warranty for Digital Content
(1) The statutory provisions of Sections 327 et seq. of the German Civil Code (BGB) regarding contracts for digital products shall apply to the digital content.
(2) The provider warrants that the digital content conforms to the contract upon provision, in particular:
has the agreed quality,
is suitable for the use stipulated in the contract, and
is free from defects that materially impair its usability (e.g., damaged or unopenable files).
(3) There is no obligation to provide content updates or extensions unless these are essential for maintaining the contractual compliance.
(4) For business customers, the warranty period for digital content is limited to one year from the date the download is made available. This exclusion does not apply to claims for damages resulting from injury to life, body, or health, nor to claims based on intentional or grossly negligent breach of duty by the provider.
(5) Otherwise, the statutory warranty rights apply.
Section 9 Liability
(1) The provider is liable without limitation for damages resulting from injury to life, body, or health caused by an intentional or negligent breach of duty by the provider, its legal representatives, or vicarious agents.
(2) For other damages, the provider is liable only in cases of intent or gross negligence.
(3) In the event of a slightly negligent breach of essential contractual obligations (obligations whose fulfillment is essential for the proper performance of the contract and on whose compliance the customer may regularly rely), the provider's liability is limited to the foreseeable damages typical for this type of contract.
(4) Otherwise, the provider's liability is excluded.
(5) The provisions of the Product Liability Act remain unaffected.
Section 10 Data Protection
(1) The provider processes the customer's personal data exclusively within the framework of the applicable legal provisions, in particular the GDPR and the German Federal Data Protection Act (BDSG).
(2) Details regarding the processing of personal data are set out in the provider's privacy policy, which is available in the online shop.
(3) Personal data will not be disclosed to third parties for advertising purposes without the customer's consent.
Section 11 Contract Language, Choice of Law, Jurisdiction
(1) The contract language is German.
(2) The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). With respect to consumers, this choice of law applies only to the extent that it does not restrict any mandatory legal provisions of the state in which the customer has their habitual residence.
(3) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction shall be the registered office of the provider.
Section 12 Final Provisions
(1) Should individual provisions of these Terms and Conditions be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected.
(2) The invalid provision shall be replaced by the applicable statutory provision.
