Terms and Conditions
Status as of July 2020
1 Provider and scope of Application
1.1 These terms and conditions apply to all orders, deliveries and services via the online shop Boundless Maps GbR, Friedrich-Weinbrenner-Straße 22, 69126 Heidelberg, Germany (hereinafter referred to as “BoundlessMaps”), which can be accessed via the Internet address https://boundlessmaps.com/ (hereinafter referred to as “shop”).
1.2 These T&C also apply to companies, legal entities under public law or special funds under public law within the meaning of § 310 Paragraph 1 S. 1 BGB (German Civil Code).
1.3 The customer is expressly informed of the validity of these T&C before placing a binding order. By sending the order the customer accepts the T&C valid at that time.
1.4 These T&C apply exclusively. Deviating, conflicting or supplementary General Terms and Conditions of the customer only become part of the contract if and insofar as BoundlessMaps has expressly agreed to their validity. The consent requirement also applies if BoundlessMaps performs services without reservation in the knowledge of the customer’s general terms and conditions.
1.5 BoundlessMaps expressly reserves the right to amend these terms and conditions. Amendments to these T&Cs become effective when the customer has agreed to the adapted version.
2 Conclusion of the contract and provision of the products
2.1 As far as the customer orders products via the shop, the following provisions for the effective conclusion of the contract apply.
2.2 The product presentation in the shop does not represent a binding request for the conclusion of a purchase agreement but is to be understood as a non-binding request to submit an offer for the purchase of the products presented there.
2.3 The customer is given the opportunity to put the products presented in the shop into a virtual product basket. After selecting the items in the product basket, the Customer clicks on the “Checkout” button in the following step to reach the input mask via the order details, in which the Customer can enter his personal invoice data and select the payment method. In the checkout area, the customer can check the essential article details, including any costs incurred, once again in summary form and check the order for completeness and correctness and correct it if necessary.
2.4 Before the binding submission of the order, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct any input errors using the usual keyboard and mouse functions until the button concluding the order process is clicked. Only by clicking on the “Buy” button does the Customer submit a binding offer to purchase the products placed in the product basket.
2.5 A purchase is effective when the products are offered to the customer for direct download by providing a button. After a successful purchase, the customer will receive an e-mail in which the order details are clearly summarized. This order text is also stored on the server of BoundlessMaps. and can be saved or printed out by the customer at any time.
3 Prices, maturity, and invoicing
3.1 The prices stated in the shop are online prices in Euro. BoundlessMaps is exempt from the collection of sales taxes according to § 19 of the German VAT Act, so that these are not shown, so-called small business status.
3.2 The purchase price is due upon conclusion of the purchase contract.
3.3 Invoices are issued automatically via our online system by e-mail in the form of PDF documents.
4 Rights of use
4.1 Unless and to the extent that the product descriptions contain no deviating provisions, the license conditions regulated in this section 4 shall apply to the products purchased via the shop. Different license terms may apply to certain products. These are presented to the customer in the shop before the purchase. Deviating license terms take precedence over those of this clause 4 and must be observed by the customer and guaranteed at his own responsibility, e.g. the obligation to name the author in accordance with § 13 UrhG (German Copyright Act).
4.2 The user receives a simple, non-exclusive, spatially, and temporally unlimited right of use for the products purchased via the shop. The right of use expires if the underlying contract – for whatever reason – is dissolved or otherwise terminated.
4.3 The customer may not transfer the licence or the rights of use granted, either in whole or in part, or sub-license them to third parties without the prior written consent of BoundlessMaps.
5 Payment terms
5.1 Payment shall be made either by (1) credit card or (2) Paypal. BoundlessMaps reserves the right to offer only certain payment methods for certain products.
5.2 Payment via Paypal is only possible for customers registered with the provider. If the customer chooses the option of paying the purchase price via one of the providers, the customer will be redirected to the Paypal website during the order process. After placing an order in the shop, BoundlessMaps asks the provider to process the payment transaction, which is then carried out automatically.
6 Right of withdrawal
6.1 The customer has the right to revoke the contract with us within fourteen days without giving reasons.
6.2 The revocation period is fourteen days and begins with the conclusion of the contract.
6.3 To exercise your right of revocation, you can send us Boundless Maps GbR, Friedrich-Weinbrenner-Straße 22, 69126 Heidelberg, Germany e-mail address: email@example.com , by means of a clear statement (e.g. a letter or e-mail sent by post) about your decision to withdraw from the contract. You can use the following withdrawal sample form, which is not mandatory.
(If you want to withdrawal from the contract, please fill out this form and send it back to us)
– To BoundlessMaps, Boundless Maps GbR, Friedrich-Weinbrenner-Straße 22, 69126 Heidelberg, Germany I e-mail: firstname.lastname@example.org – I/we (*) hereby withdrawal from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
– Ordered on (*)/received on (*)
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only in case of communication on paper)
(*) Delete as applicable
6.4 To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the end of the withdrawal period.
6.5 Consequences of the withdrawal
If you withdraw from the contract, all payments received will be refunded to you immediately and at the latest within fourteen days from the day on which the notification of your revocation of the contract was received. The same means of payment that you used for the original transaction will be used for this refund, unless expressly agreed otherwise with you; in no case will you be charged for this refund.
6.6 Exclusion/cancellation of the right of withdrawal:
According to § 356 para. 5 BGB (German Civil Code), among others, a right of withdrawal expires for contracts for the delivery of digital content not contained on a physical data carrier if the entrepreneur has started to execute the contract after the consumer (1) has expressly agreed that the entrepreneur will start executing the contract before the end of the withdrawal period and (2) has confirmed that he/she is aware of the fact that he/she will lose his/her right of withdrawal by giving his/her consent when the execution of the contract starts.
7 Warranty and Liability
7.1 Unless and to the extent that nothing to the contrary has been expressly agreed, the warranty claims of the customers shall be governed by the statutory provisions.
7.2 For consumers, the liability period for warranty claims pursuant to § 438 para. 1 no. 3 BGB is two years.
7.3 For business customers, the statutory provisions apply with the following modifications:
– For the quality of the products displayed in the shop, only the information provided there, and the product description are binding, but not public praise and statements and other advertising by the manufacturer.
– The customer is obliged to inspect the goods immediately upon receipt and with due care for quality deviations and to notify BoundlessMaps of obvious defects within 7 days of conclusion of the contract.
– The warranty period is one year from provision of the product.
7.4 BoundlessMaps does not assume any guarantee for the correct, up-to-date, or complete presentation of the elements of a product, unless BoundlessMaps Irrespective of this, BoundlessMaps is liable without limitation for intent and gross negligence and in accordance with the Product Liability Act. For slight negligence BoundlessMaps is liable for damages resulting from injury to life, body, and health of persons.
7.5 In the case of slight negligence, BoundlessMaps is only liable in the event of breach of an essential contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the customer can regularly rely (cardinal obligation). Liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.
8 Alternative Dispute Resolution
The EU Commission has created an Internet platform for the online settlement of disputes. The platform serves as a contact point for the out-of-court settlement of disputes concerning contractual obligations arising from online purchase contracts. Further information is available under the following link: http://ec.europa.eu/consumers/odr. BoundlessMaps is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
9 Final provisions
9.1 The language of the contract is English.
9.2 The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict of law’s provisions, provided that the customer (1) has his habitual residence in Germany, or (2) the customer’s habitual residence is in a state that is not a member of the European Union. In the event that the customer, subject to clause 1.3, has his habitual residence in a member state of the European Union, the applicability of German law shall also apply, whereby mandatory provisions of the state in which the customer has his habitual residence shall remain unaffected.
9.3 Oral collateral agreements have not been made. Amendments and supplements to these General Terms and Conditions and all declarations of the parties relating to the order must be in text form (§ 126b BGB). This also applies to the cancellation of the formal requirement.
9.4 For merchants, legal entities under public law or special funds under public law, the registered office of BoundlessMaps is the place of jurisdiction for all disputes arising from or in connection with contracts between us and the customer.