Terms and Conditions

–––––––––––––––––––––––––––––––––––––––––––––––––––––––
Terms and Conditions with Customer Information
–––––––––––––––––––––––––––––––––––––––––––––––––––––––

Table of Contents
––––––––––––––––––
1. Scope of Application
2. Conclusion of the Contract
3. Right of Withdrawal
4. Prices and Terms of Payment
5. Delivery and Shipping Terms
6. Granting of Rights of Use for Digital Content
7. Granting of Rights of Use for License Keys
8. Retention of Title
9. Liability for Defects (Warranty)
10. Liability
11. Redemption of Promotional Coupons
12. Governing Law
13. Jurisdiction
14. Alternative Dispute Resolution

1) Scope of Application
1.1 These General Terms and Conditions (hereinafter “GTC”) of atrain GmbH (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or business (hereinafter “Customer”) enters into with the Seller regarding the goods displayed by the Seller in its online store. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 These T&C apply accordingly to contracts for the provision of digital content, unless otherwise specified. Digital content within the meaning of these T&C refers to data created and provided in digital form.
1.3 These Terms and Conditions apply accordingly to contracts for the provision of license keys, unless otherwise specified. In this context, the Seller is obligated to provide a license key for the use of the digital content or digital services described by the Seller (hereinafter “digital products”) and to grant the contractually agreed rights to use the respective digital products. The customer does not acquire any intellectual property rights to the digital product. The respective product description provided by the seller is decisive for the nature of the digital product.
1.4 A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor related to their independent professional activity.
1.5 A business operator within the meaning of these Terms and Conditions is a natural or legal person or a partnership with legal capacity that, when entering into a legal transaction, acts in the exercise of its commercial or self-employed professional activity.

2) Conclusion of the Contract
2.1 The product descriptions contained in the Seller’s online store do not constitute binding offers on the part of the Seller, but rather serve as a basis for the Customer to submit a binding offer.
2.2 The customer may submit the offer via the online order form integrated into the seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer regarding the goods contained in the shopping cart by clicking the button that concludes the ordering process.
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 (fax or email), in which case receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, in which case receipt of the goods by the customer is decisive, or
- by requesting payment from the customer after the customer has placed their order.
If several of the aforementioned alternatives apply, the contract is concluded at the time the first of the aforementioned alternatives occurs. The period for accepting the offer begins on the day after the customer submits the offer and ends at the end of the fifth day following the submission 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 result that the customer is no longer bound by their declaration of intent.
2.4 When an offer is submitted via the Seller’s online order form, the contract text is stored by the Seller after the contract is concluded and transmitted to the Customer in text form (e.g., email, fax, or letter) after the Customer submits their order. The Seller does not make the contract text available in any other way. If the customer has created a user account in the Seller’s online shop prior to submitting their order, the order data will be archived on the Seller’s website and can be accessed by the customer free of charge via their password-protected user account by entering the corresponding login credentials.
2.5 Before submitting a binding order via the Seller’s online order form, the Customer can identify potential input errors by carefully reading the information displayed on the screen. An effective technical tool for better identifying input errors can be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their entries using standard keyboard and mouse functions until they click the button that completes the ordering process.
2.6 Various languages are available for the conclusion of the contract. The specific language selection is displayed in the online shop.
2.7 Order processing and communication generally take place via email and automated order processing. The customer must ensure that the email address provided for order processing is accurate so that emails sent by the seller can be received at this address. In particular, if 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 generally have a right of withdrawal.
3.2 Further information regarding the right of withdrawal can be found in the seller’s cancellation policy.
3.3 The right of withdrawal does not apply to consumers who, at the time the contract is concluded, are not citizens of a Member State of the European Union and whose sole place of residence and delivery address, at the time the contract is concluded, are located outside the European Union.

4) Prices and Terms of Payment
4.1 Unless otherwise stated in the seller’s product description, the prices listed are total prices that include the applicable sales tax. Any additional delivery and shipping costs, if applicable, are listed separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which must be borne by the customer. These include, for example, costs for money transfers through financial institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in connection with the money transfer even if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the customer in the Seller’s online shop.
4.4 If a payment method offered via the "Shopify Payments" payment service is selected, payment processing is handled by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the customer in the seller’s online store. To process payments, Stripe may use additional payment services, which may be subject to specific payment terms and conditions that the customer may be notified of separately. Further information on "Shopify Payments" is available online at https://www.shopify.com/legal/terms-payments-de.

5) Delivery and Shipping Terms
5.1 If the Seller offers to ship the goods, delivery will be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified in the seller’s order processing system is decisive for the transaction.
5.2 If delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of the initial shipment if the customer effectively exercises their right of withdrawal. If the customer effectively exercises the right of withdrawal, the provisions set forth in the seller’s cancellation policy shall apply to return shipping costs.
5.3 If the customer is acting as a business, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has delivered the item to the shipping agent, the carrier, or any other person or entity designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally passes only upon delivery of the goods to the customer or an authorized recipient. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer—even in the case of consumers— as soon as the seller has delivered the goods to the forwarding agent, the carrier, or any other person or entity designated to carry out the shipment, provided that the customer has commissioned the forwarding agent, the carrier, or any other person or entity designated to carry out the shipment, and the seller has not previously named this person or entity to the customer.
5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to the Seller. This applies only if the Seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due care. The seller will make every reasonable effort to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately and the payment will be refunded without delay.
5.5 Pickup by the customer is not possible for logistical reasons.
5.6 Digital content is provided to the customer as follows:
- via email
5.7 License keys are provided to the customer as follows:
- via email

6) Granting of Rights of Use for Digital Content
6.1 Unless otherwise specified in the content description in the Seller’s online store, the Seller grants the Customer a non-exclusive right, unrestricted in terms of location and time, to use the provided content for both private and commercial purposes.
6.2 The transfer of the content to third parties or the creation of copies for third parties outside the scope of these Terms and Conditions is not permitted, unless the Seller has consented to the transfer of the contractual license to the third party.
6.3 Insofar as the contract relates to the one-time provision of digital content, the grant of rights shall not take effect until the customer has paid the full amount due. The seller may provisionally permit use of the contractual content even prior to this point in time. Such provisional permission does not constitute a transfer of rights.

7) Granting of Rights of Use for License Keys
7.1 The license key provided entitles the customer to use the digital product specified in the seller’s respective product description to the extent described therein.
7.2 Insofar as the license key relates to the one-time provision of digital content, the grant of rights shall not take effect until the customer has paid the full amount due.

8) Retention of Title
If the seller makes an advance delivery, the seller retains title to the delivered goods until the purchase price owed has been paid in full.

9) Liability for Defects (Warranty)
Unless otherwise specified in the following provisions, the statutory provisions regarding liability for defects apply. Notwithstanding the foregoing, the following applies to contracts for the delivery of goods:
9.1 If the customer is acting as a business,
- the seller may choose the type of subsequent performance;
- for new goods, the statute of limitations for claims for defects is one year from delivery of the goods;
- claims for defects are excluded for used goods;
- the statute of limitations does not restart if a replacement delivery is made under the warranty.
9.2 The limitations of liability and shortened time limits set forth above do not apply
- to the customer’s claims for damages and reimbursement of expenses,
- in the event that the seller fraudulently concealed the defect,
- to goods that have been used in accordance with their customary use for a structure and have caused its defectiveness,
- for any existing obligation of the seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.
9.3 Furthermore, for business customers, the statutory limitation periods for any existing statutory right of recourse remain unaffected.
9.4 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the merchant’s duty to inspect and give notice of defects pursuant to Section 377 HGB applies. If the customer fails to comply with the notification obligations set forth therein, the goods shall be deemed accepted.
9.5 If the customer acts as a consumer, they are requested to file a complaint with the delivery service regarding goods delivered with obvious transport damage and to notify the seller thereof. If the customer fails to do so, this shall have no effect on their statutory or contractual claims for defects.

10) 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:
10.1 The Seller shall be liable without limitation for any legal basis
- in cases of intent or gross negligence,
- in cases of intentional or negligent injury to life, limb, or health,
- based on a warranty promise, unless otherwise stipulated in this regard,
- based on mandatory liability, such as under the Product Liability Act.
10.2 If the Seller negligently breaches a material contractual obligation, liability is limited to the foreseeable damage typical for this type of 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 fulfillment of which is essential for the proper performance of the contract and on the observance of which the customer may regularly rely.
10.3 In all other respects, the Seller’s liability is excluded.
10.4 The foregoing liability provisions also apply with respect to the Seller’s liability for its vicarious agents and legal representatives.

11) Redemption of Promotional Coupons
11.1 Coupons issued free of charge by the Seller as part of promotional campaigns with a specific validity period, which cannot be purchased by the Customer (hereinafter “Promotional Coupons”), may only be redeemed in the Seller’s online store and only during the specified period.
11.2 Individual products may be excluded from the voucher promotion if a corresponding restriction is specified in the content of the promotional voucher.
11.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
11.4 Only one promotional voucher may be redeemed per order.
11.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.
11.6 If the value of the promotional voucher is insufficient to cover the order, one of the other payment methods offered by the seller may be selected to settle the difference.
11.7 The credit balance of a promotional voucher will neither be paid out in cash nor accrue interest.
11.8 The promotional voucher will not be refunded if the customer returns goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.
11.9 The promotional voucher is intended solely for use by the person named on it. Transfer of the promotional voucher to third parties is prohibited. The seller is entitled, but not obligated, to verify the eligibility of the respective voucher holder.

12) Governing Law
12.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. With respect to consumers, this choice of law applies only to the extent that it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.
12.2 Furthermore, this choice of law does not apply with respect to the statutory right of withdrawal for consumers who, at the time of conclusion of the contract, are not citizens of a Member State of the European Union and whose sole residence and delivery address at the time of conclusion of the contract are located outside the European Union.

13) Place of Jurisdiction
If the customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller’s place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activities. In the foregoing cases, however, the seller is in any event entitled to bring an action before the court at the customer’s place of business.

14) Alternative Dispute Resolution
The seller is not obligated to participate in dispute resolution proceedings before a consumer arbitration board, but is willing to do so.

Copyright Notice: These Terms and Conditions were drafted by the specialized attorneys at IT-Recht Kanzlei and are protected by copyright (https://www.it-recht-kanzlei.de)

As of: November 12, 2025, 9:00:08 a.m.