Terms & Conditions

§1 Basic Regulations

The following terms and conditions apply to all contracts that you conclude with us, MOAM Patterns, as a partner via the website moam-patterns.com. Unless otherwise agreed, the inclusion of any terms and conditions of your own used by you is strictly prohibited.

Consumer in the sense of the following regulations is every natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.

§2 Conclusion of the Contract

The subject of the contract is the sale of digital products.

With the placement of the respective digital product on our site, we submit to you a binding offer to conclude a purchase contract under the conditions specified in the item description.

The sale contract is concluded via the online shopping cart system as follows:

• The download items intended for purchase are placed in the “Cart”. You can call up the “Cart” via the corresponding button in the navigation bar and make changes there at any time. After calling up the “Checkout” page and entering the personal data and the payment terms, all order data will finally be displayed again on the order overview page.
• Before submission of the order, you have the opportunity to check all the information again, change it (also using the “back” function of the Internet browser) or cancel the purchase.
• By submitting the order via respective button on the checkout page you declare the legally binding acceptance of the offer, whereby the purchase contract is concluded.

The processing of the order and transmission of all information required in the context of the conclusion of the contract is carried out by e-mail, partly automatically. You must therefore ensure that:

• the e-mail address you have provided is correct
• the receipt of e-mails is technically ensured
• the receipt of e-mails is not prevented by arbitrary SPAM filters

§3 Usage License for downloaded Digital Products

The products downloaded from moam-patterns.com are protected by copyright. You will receive a basic usage license to each digital product purchased from us, unless otherwise stated in the respective item description on the website.

The basic usage license includes the permission to save and/or print one copy of the download product for your personal use on your computer or other electronic device. You are prohibited to make any further copies. You are expressly prohibited to modify or edit a file or any part thereof and to making it available in any way to third parties, either privately or commercially.

§4 Right of retention

You may only exercise a right of retention if it concerns claims from the same contractual relationship.

§5 Responsibility

We assume liability in each case without limitation for damages arising from injury to life, limb or health. Furthermore, we assume liability without limitation in all cases of intent and gross negligence, in the event of fraudulent concealment of a defect, in the event of the assumption of a guarantee for the quality of the object of purchase and in all other cases regulated by law.

Liability for defects under the legal guaranty is governed by the corresponding provision mentioned in our customer information (Paragraph 2).

In the event of slight negligence, our liability is limited to the foreseeable damage typical for this type of contract in cases where essential contractual obligations are affected. Essential contractual obligations are obligations that arise from the nature of the contract and whose breach would jeopardize the achievement of the purpose of the contract, as well as obligations that the contract imposes on us according to its content to achieve the purpose of the contract, whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance you may regularly rely.

In the event of a breach of non-essential contractual obligations, liability is excluded in the case of insignificant breaches of obligations.

Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of technology. In this respect, we shall not be responsible for the constant or uninterrupted availability of the website and the service offered there.

§6 Choice of Jurisdiction, Place of Performance, Place of Jurisdiction

German national law will apply. In case of consumers, this choice of jurisdiction shall only apply to the extent that the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not deprived thereby (principle of favorability).

The place of execution for all services arising from the business relations with us as well as the place of jurisdiction shall be our registered office, insofar as you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same shall apply if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to bring an action before the court at another statutory place of jurisdiction shall remain unaffected.

The provisions of the UN Purchase Law shall expressly not apply.