Please read this carefully!
By purchasing a Theme provided by ThemeShift.com you confirm that you have read, understood and agreed to the terms and conditions described on this page. If you have any question prior to purchase or regarding the terms in general, do not hesitate to contact me.
§ 1 Scope
(1) These General Terms and Conditions (hereinafter: GTC) apply to all of Seller’s online store contracts between
DER PRiNZ – WordPress Themes and Digital Media (ThemeShift)
Proprietor: Michael Oeser
D-35083 Wetter-Mellnau (Germany)
(hereinafter: the Seller)
and the Customer/Consumer
These GTC apply regardless of whether the Purchaser is a consumer, business entity or merchant.
(2) All agreements between the Purchaser and the Seller in connection with the contract result in particular from these terms and conditions, Seller’s order confirmation in writing and Seller’s acceptance of the purchase. By purchasing a WordPress theme package, the Purchaser is entitled to the use of a theme or themes for residential and commercial purposes (i.e. the Purchaser’s or Purchaser’s clients’ projects) as often as the Purchaser or the Purchaser’s clients may require. The included support is strictly limited to themes that have been purchased via this website and the person (Purchaser) that purchased the product or products.
(3) Decisive is the valid version of the GTC at the date of contractual agreement. The Seller is entitled to change the content of these General Terms and Conditions, with the consent of the Purchaser, if the change, with regard of Seller’s interest, is acceptable for the Purchaser. The authorization to the contractual amendments shall be deemed granted if the Purchaser does not object of the change in writing within four (4) weeks of receipt of the notified change. The Seller pledges to provide the Purchaser with the amendment notice and to point out the consequences resulting of the Purchaser’s non-objection to this alteration.
The Seller is entitled to transfer rights and obligations under this Agreement to any third party or parties (transfer of contract). In the event of the transfer of contract the Purchaser shall have the right to terminate the contract for serious reasons without previous notice.
(4) The Seller does not accept different conditions of the Purchaser. This statement is valid even if the Seller does not explicitly contradict its inclusion.
§ 2 Conclusion of Contract
(1) The presentation and promotion of products in the Seller’s online shop does not represent a binding offer to conclude a purchase agreement.
(2) Placing an order via the online store by clicking the “Buy Now” button the Purchaser is placing a legally binding order. The Purchaser is bound to the order for a period of two (2) weeks after the order is placed; the Purchaser’s existing right under § 3 to cancel his order remains unaffected.
(3) The Seller will confirm receipt of the Purchaser’s online order, placed via the Seller’s online store, immediately by e-mail. Receipt such an e-mail is not a binding acceptance of the order, unless, in addition to the confirmation of receipt of the order, the acceptance of the order is included at the same time.
(4) A contract is only binding when the Seller accepts the Purchaser’s order by sending a letter of acceptance or by delivery of the goods ordered.
(5) If delivery of the ordered goods is not possible, the Seller refrains from a declaration of acceptance. In this case a contract does not materialize. The Seller will inform the Purchaser without delay and refund immediately payments already effected.
§ 3 Right of Withdrawal
(1) If the Purchaser is a consumer (i.e. a natural person placing the order for a purpose which can neither be attributed to the Purchaser’s commercial nor independent professional activity), the Purchaser is granted the right of withdrawal as laid down by law.
(2) If the consumer applies his Right of Withdrawal as outlined under paragraph (1), he shall have to bear the regular costs of the return of the delivered and ordered goods subject to the condition that the delivered and ordered goods are the same and the price of the goods does not exceed a value of € 40.00 or at a higher price at the time of revocation no payment or contractually agreed partial payment was made.
(3) In addition to the Purchaser’s Right of Withdrawal rules apply, which are set out in detail by the following Conditions
Admonition to Right of Withdrawal
Right of Withdrawal
The Purchaser can withdraw from or cancel his contract within 14 days without giving reasons in writing (e.g. by letter, fax or email) or – if the goods have already been delivered before the deadline – by returning the goods. The period of withdrawal begins upon receipt of this notification in writing, but not before receipt of the goods by the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not prior to fulfill the Seller’s duty to inform the Purchaser under Article 246 § 2 in connection with § 1, paragraph (1) and (2) EGBGB (Introductory Act to the German Civil Code) and the Seller’s obligations according to § 312g paragraph (1) clause 1 BGB in conjunction with Article 246 § 3 EBGB. In order to apply the revocation period it is sufficient to send the revocation or the goods within the withdrawal period. The revocation must be sent to:
Der PRiNZ – WordPress Themes and Digital Media (ThemeShift)
Proprietor Michael Oeser
D-35083 Wetter-Mellnau (Germany)
Consequences of Withdrawal
In case of an effective withdrawal, the mutually received deliverables and any benefits (e.g. interest) have to be refunded. If the Purchaser cannot reimburse received benefits or can only partially refund goods in a deteriorated condition, the Purchaser will be obliged to pay compensation. Purchaser has to pay compensation for obtaining “enhanced” benefits as a result of using the goods which exceeds the usual trial of properties and functionality of the goods. By “testing the properties and functioning” refers to the testing and evaluation of the respective goods, as it is common practice in any retail shop. Transportable items are to be returned at Seller’s risk. The Purchaser has to bear the cost of return if the delivered and ordered goods are the same and if the price for returned goods does not exceed a value of € 40.00, or at a higher price at the time of revocation no payment or contractually agreed partial payment was made. Otherwise the return of goods is free of charge for the Purchaser. Goods which cannot be returned by parcel will be collected by the Seller. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for the Purchaser either when he sends his cancellation or the Seller receiving the returned goods.
– End of Admonition to Right of Withdrawal –
(4) The Right of Withdrawal does not apply to online contracts
(a) for the supply of goods that are produced according to Purchaser’s specifications or are clearly tailored to personal needs or which by their nature are not suitable for return or spoil quickly or whose expiration date has passed,
(b) for the supply of audio or video recordings or software in case the seal of the delivered data carriers has been broken.
(5) The Right of Withdrawal does not therefore apply to online contracts for the delivery of digital goods that are not returnable.
A revocation is only possible as long as the contract is not completely fulfilled by both sides. The contract is fulfilled, once the Purchaser has made the payment, and the e-mail with the product download was received. From this point in time no withdrawal is possible. A refund of the purchase price by exercising the right of withdrawal is no longer possible.
§ 4 Warranty
(1) The Seller is liable for material defects or defects of title in goods supplied to the applicable statutory provisions, particularly according to §§ 434 et seqq. BGB (German Civil Code). The statute of limitations for statutory warranty claims is two years and begins with the delivery of the goods.
(2) Any guarantees for certain items granted by the Seller or by the manufacturers of certain goods, which have been granted manufacturers’ warranties, are in addition to the claims for material defects or defects of title according to paragraph (1). Details of the extent of such warranties are arising from the warranty enclosed with Purchaser’s goods, when provided.
(3) ThemeShift WordPress themes are on the latest, stable version of WordPress tested and ready to run. Once theme files have been modified, or third-party plugins are used, the Seller can no longer guarantee for the proper function, nor is he responsible for possible problems and errors. The Seller does not give free support for adaptation and customization.
§ 5 Support
(1) Theme support s defined in and by our Support Policy.
(1) ThemeShift themes are released under the GNU general public license. The purchase of a theme gives the Purchaser the right to use the theme on as many private and commercial (e.g. client) sites as he wishes
§ 7 Liability
(1) The Seller is liable to the Purchaser in all cases of contractual and non-contractual liability for intent and gross negligence in accordance with the legal provisions for compensation or reimbursement of expenses.
(2) In all other cases, the Seller is only liable – as far as different from provisions in paragraph (3) – for breach of a contractual duty, which allows proper fulfillment and compliance of the contract in the first place and on which Purchasers may generally rely (the so-called cardinal duty), specifically limited to the replacement of foreseeable and typical damage. In all other cases, the Seller’s liability is subject to the provisions set out in paragraph (3).
(3) The Seller’s liability for damages resulting from injury to life, limb or health, and according to the product liability laws of the above limitations and exclusions is unaffected.
§ 8 Applicable Law and Jurisdiction
(1) The law of the Federal Republic of Germany is applicable, excluding the CISG (UN Convention of Contracts for the International Sale of Goods). If the Purchaser has submitted the order as a consumer, and at the time of his order usually resides in another country, the application of mandatory rules of this country remains unaffected by the provisions of the choice of law as contained in clause 1.
(2) If the Purchaser is a businessman located in Germany at the time of the order, the exclusive jurisdiction of the location of the Seller, Wetter-Mellnau Local Court Marburg, is applicable. Otherwise, the local and the international jurisdiction will apply the law applicable.