Terms and Conditions

§ 1 Applicability, Definitions

(1) ByteBasket GmbH, Ginnheimer Stadtweg 111, 60431 Frankfurt am Main, Germany (hereinafter referred to as “we” or “bytelikes”) operates an online shop for digital goods on the website https://bytelikes.com. The following general terms and conditions apply to all services between us and our customers (hereinafter referred to as “Customer” or “you”) in their version valid at the time of the order, unless otherwise expressly agreed.

(2) “Consumer” within the meaning of these terms and conditions is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity. “Entrepreneur” is a natural or legal person or a legally capable partnership that acts in the exercise of their commercial or independent professional activity when entering into a legal transaction, where a legally capable partnership is a partnership endowed with the ability to acquire rights and incur liabilities.

§ 2 Conclusion of Contracts, Storage of the Contract Text

(1) The following regulations regarding the conclusion of a contract apply to orders placed via our online shop at https://bytelikes.com.

(2) Our product presentations on the Internet are non-binding and do not constitute a binding offer to conclude a contract.

(3) When an order is placed in our online shop, the following rules apply: The customer makes a binding contractual offer by successfully completing the order procedure provided in our online shop. The order involves the following steps:

1. Selection of the digital goods
2. Adding the products by clicking the corresponding button (e.g. “Add to cart”, “Add to shopping bag”)
3. Checking the details in the shopping cart
4. Accessing the order overview by clicking the corresponding button (e.g. “Proceed to checkout”, “Proceed to payment”, “Order overview”)
5. Entering/checking the address and contact details, selecting the payment method, confirming the terms and conditions and the cancellation policy
6. Completing the order by clicking the button “Buy now”. This represents your binding order.
7. The contract is concluded when you receive an order confirmation from us within three working days via the email address provided.

(4) In the event of a contract conclusion, the contract is concluded with ByteBasket GmbH, Ginnheimer Stadtweg 111, 60431 Frankfurt am Main, Germany.

(5) Before placing the order, the contract data can be printed or electronically saved using the print function of the browser. The processing of the order and transmission of all information required in connection with the conclusion of the contract, particularly the order data, the terms and conditions, and the cancellation policy, occurs via email after the order is triggered by you, partially automated. We do not store the contract text after the conclusion of the contract.

(6) Input errors can be corrected using the usual keyboard, mouse, and browser functions (e.g. the “back button” of the browser). They can also be corrected by canceling the order process prematurely, closing the browser window, and repeating the process.

(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by email, partially automated. You must therefore ensure that the email address you provide to us is correct, the receipt of emails is technically ensured, and, in particular, that it is not prevented by SPAM filters.

§ 3 Subject of the Contract and Essential Characteristics of the Products

(1) The subject of the contract in our online shop is:

1. The sale of digital goods, e.g. software or media downloads. The specific digital goods offered can be found on our item pages.

(2) The essential characteristics of the digital goods can be found in the item description.

(3) For the sale of digital products, the restrictions visible from the product description or otherwise resulting from the circumstances, particularly regarding hardware and/or software requirements for the target environment, apply. Unless expressly agreed otherwise, the subject of the contract is only the private and commercial use of the products without the right to resell or sublicense.

§ 4 Prices, Shipping Costs and Delivery

(1) The prices listed in the respective offers and the shipping costs represent total prices and include all price components including all applicable taxes.

(2) The respective purchase price must be paid before the delivery of the product (advance payment), unless we expressly offer the purchase on account. The payment methods available to you are listed under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise specified for the individual payment methods, the payment claims are due for immediate payment.

(3) In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective item is indicated as free of shipping costs. The shipping costs will be clearly communicated to you on the offers, if applicable in the shopping cart system, and on the order overview.

(4) All offered products are, unless clearly stated otherwise in the product description, ready for immediate shipment (delivery time: usually 24 to 48 hours, in individual cases up to 7 days after receipt of payment).

(5) Delivery is made worldwide.

§ 5 Right of Retention

(1) You can only exercise a right of retention if it concerns claims arising from the same contractual relationship.

§ 6 Right of Withdrawal

As a consumer, you have a right of withdrawal. This is governed by our cancellation policy.

§ 7 Liability

(1) Subject to the following exceptions, our liability for contractual breaches of duty as well as for tort is limited to intent or gross negligence.

(2) We are liable for slight negligence in the event of injury to life, body, or health or in the event of the breach of a fundamental contractual obligation without limitation. If we are in default with the performance due to slight negligence, if the performance has become impossible, or if we have breached a fundamental contractual obligation, liability for property and financial damages resulting therefrom is limited to the foreseeable damage typical for the contract. A fundamental contractual obligation is an obligation whose fulfillment is essential for the proper execution of the contract, whose breach endangers the achievement of the contract’s purpose, and on whose compliance you may regularly rely. This includes, in particular, our obligation to act and to fulfill the contractually owed performance, which is described in § 3.

§ 8 Contract Language

The contractual language is exclusively German.

§ 9 Warranty

(1) The warranty is governed by statutory provisions.

(2) For entrepreneurs, the warranty period for delivered goods is 12 months.

(3) As a consumer, you are requested to check the goods/digital goods or the provided service immediately upon fulfillment of the contract for completeness, obvious defects, and transport damage and to notify us and the carrier as soon as possible of any complaints. If you do not comply, this has no effect on your statutory warranty claims.

§ 10 Final Provisions/Dispute Resolution

(1) German law applies. For consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn (favourability principle).

(2) The provisions of the UN Sales Convention explicitly do not apply.

(3) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider’s registered office.

(4) The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.