1) Scope of Application
1.1 These General Terms and Conditions (hereinafter "GTC") of Damian Haller, trading as "Ártala – Jahrzähler" (hereinafter "Seller"), apply to all contracts for the provision of digital content concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller with regard to the digital content presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 Digital content within the meaning of these GTC is data that is created and provided in digital form. The subject of the contract is the provision of digital content; the Customer does not acquire any intellectual property in the digital content. The respective product description of the Seller is authoritative for the quality of the digital content.
1.3 A consumer within the meaning of these GTC 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.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.5 Depending on the Seller's content description, the subject of the contract may be both the one-time provision of digital content and the regular provision of digital content (hereinafter "subscription contract"). In the case of a subscription contract, the Seller undertakes to provide the Customer with the contractually owed digital content for the duration of the agreed contract term at the contractually agreed time intervals.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller's online shop do not constitute binding offers on the part of the Seller but serve to enable the Customer to submit a binding offer.
2.2 The Customer selects the desired product in the Seller's online shop and clicks the "Buy" button. The Customer is thereby redirected to the payment page of the payment service provider (Stripe), where they provide the information required for the order. By clicking the payment-triggering button that completes the payment process, the Customer submits a legally binding contractual offer with regard to the selected product. Furthermore, the Customer may also submit the offer to the Seller by email or by post.
2.3 The Seller may accept the Customer's offer within five days,
- by sending the Customer a written order confirmation or an order confirmation in text form (e.g. by email), in which case the receipt of the order confirmation by the Customer is decisive, or
- by providing the ordered digital content to the Customer, in which case the receipt by the Customer is decisive, or
- by requesting the Customer to pay after the Customer has placed the order.
If several of the aforementioned alternatives apply, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends upon expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 When selecting the payment method "Stripe", payment processing is carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland. The Seller declares acceptance of the Customer's offer at the time at which the Customer clicks the button that completes the payment process.
2.5 When an offer is submitted, the contract text is saved by the Seller after conclusion of the contract and transmitted to the Customer in text form (e.g. by email) after the Customer has sent the order. The Seller does not make the contract text accessible beyond this. No user account is offered in the Seller's online shop.
2.6 Before submitting a binding order, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors may be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic payment process using the usual keyboard and mouse functions until they click the payment-triggering button that completes the process.
2.7 The German and English languages are available for the conclusion of the contract.
2.8 Order processing and contact generally take place via email and automated order processing. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered.
3) Right of Withdrawal
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.
3.3 The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, are not nationals of a member state of the European Union and whose sole place of residence and billing address are outside the European Union at the time of conclusion of the contract.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices. No VAT is charged, as the Seller is exempt from VAT under the small business exemption (Kleinunternehmerregelung pursuant to § 19 UStG).
4.2 If the Customer makes the payment from a country outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which are to be borne by the Customer, for example costs for the transfer of funds by financial institutions (e.g. transfer fees, exchange rate fees).
4.3 The available payment method(s) are communicated to the Customer in the Seller's online shop.
5) Provision of Digital Content
Digital content is provided to the Customer by the Seller transmitting an access code (activation code) to the Customer by email after receipt of payment in full. Using this code, the Customer unlocks the digital content specified in the product description in the Seller's web app or app and may use it for the duration stated therein. No physical data carriers are dispatched.
6) Granting of Usage Rights for Digital Content
6.1 Unless otherwise stated in the content description in the Seller's online shop, the Seller grants the Customer a non-exclusive, geographically and temporally unlimited right to use the provided content exclusively for private purposes.
6.2 The transfer of content to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted unless the Seller has consented to the transfer of the licence that is the subject of the contract to the third party.
6.3 Insofar as the contract relates to the one-time provision of digital content, the granting of rights only becomes effective when the Customer has fully paid the owed remuneration. The Seller may provisionally permit the use of the contractual content even before this point in time. A transfer of rights does not take place through such provisional permission.
7) Contract Duration and Termination of Subscription Contracts
7.1 Subscription contracts are concluded for a fixed term, for the contract duration specified in the respective product description in the Seller's online shop, and end automatically upon expiry of the contract duration.
7.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists if the terminating party, taking into account all circumstances of the individual case and weighing the interests of both parties, cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.
7.3 Terminations must be made in writing or in text form (e.g. by email).
8) Liability for Defects (Warranty)
The statutory provisions on liability for defects apply. For the provision of digital content to consumers, the special provisions on consumer contracts for digital products (§§ 327 et seq. BGB, German Civil Code) apply in addition, including the update obligations regulated therein.
9) Liability
The Seller is liable to the Customer for all contractual, quasi-contractual and statutory claims, including tortious claims, for damages and reimbursement of expenses as follows:
9.1 The Seller is liable without limitation for any legal reason
- in the event of intent or gross negligence,
- in the event of intentional or negligent injury to life, body or health,
- on the basis of a guarantee promise, unless otherwise stipulated in this regard,
- on the basis of mandatory liability such as under the German Product Liability Act (Produkthaftungsgesetz).
9.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical of the contract, unless unlimited liability applies pursuant to the preceding clause. Material contractual obligations are obligations that the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the Customer may regularly rely.
9.3 In all other respects, the Seller's liability is excluded.
9.4 The above liability provisions also apply with regard to the Seller's liability for its vicarious agents and legal representatives.
10) Applicable Law
10.1 The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
10.2 Furthermore, this choice of law does not apply with regard to the statutory right of withdrawal for consumers who, at the time of conclusion of the contract, are not nationals of a member state of the European Union and whose sole place of residence and billing address are outside the European Union at the time of conclusion of the contract.
11) Alternative Dispute Resolution
The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
Last updated: 6 July 2026
