§ 1 Scope
The general terms and conditions (GTC) apply to the use of the offer under the domain audio-kultour.com (hereinafter: “Shop”) by consumers within the meaning of Section 13 of the German Civil Code (BGB).
The contractual partner and service provider is Freiburg Kultour GmbH, represented by the management. The company is based in 79206 Breisach am Rhein, Krummholzstrasse 17 (hereinafter referred to as “seller”).
§ 2 Object of agreement
The customer can purchase digital city tours and regional tours as an app (hereinafter referred to as “apps”) via the shop. The apps are self-contained products for which no updates are required and are not provided.
The apps are available for download. They can be used on all common end devices. The seller assumes no liability for compatibility.
§ 3 Conclusion of contract
The contract is concluded in the following way: the offer in the shop is binding. With the order, which is completed by clicking on the “payment button”, the customer accepts our offer to conclude a contract. In the following, the customer will receive the download code for the purchased app by email.
§ 4 Terms of payment
- The customer is obliged to pay the price agreed for the purchased app. The purchase price is due immediately.
- The prices are final prices, in which the statutory value added tax is included.
- The possible payment methods are PayPal and credit card.
§ 5 Delivery
The delivery takes place exclusively by download.
§ 6 Retention of title
The goods remain the property of the seller until they have been paid in full.
§ 7 Right of withdrawal
- The contract is a distance selling contract within the meaning of Section 312c of the German Civil Code (BGB). Accordingly, the customer has a right of withdrawal in accordance with Section 312g of the German Civil Code (BGB).
- In the case of contracts for digital content that is delivered through downloads, the right of withdrawal expires as soon as the seller has started executing the contract, i.e. as soon as the download code for the app has been sent by e-mail.
- The customer will be informed about this prior to the conclusion of the contract and will confirm by means of a checkbox that his right of withdrawal expires when the contract begins to be executed.
§ 8 Rights of use
- With the purchase, the customer acquires the simple, non-transferable, spatially and temporally unlimited right to listen to and view the downloaded app for exclusively personal and private use. The download code allows you to download and save the app. Any further use that goes beyond the rights granted, in particular passing on and copying an app, is not permitted.
- Commercial use and distribution of an app is not permitted. Saving and setting up an app in data networks is prohibited.
- The apps are copyrighted material. The customer must comply with the provisions of the German Copyright Act (UrhG) in its current version when using it. The rights of the authors to the protected works contained on the website are reserved.
§ 9 Liability for defects and damage
- The liability for material defects is based on the statutory provisions of the BGB on distance selling contracts.
- For claims for damages, the liability of Freiburg Kultour GmbH is limited to willful or grossly negligent breach of duty. This does not apply to liability for culpable harm to life, body or health.
§ 10 Exclusion of Claims
Claims for non-performance or non-contractual provision of services must be made in writing to Freiburg Kultour GmbH within one month of the purchase.
§ 11 Data protection
Freiburg Kultour GmbH collects, processes and uses the customer’s personal data for the purpose of establishing, implementing and handling the purchase as well as for further customer care. The personal data of the customer will not be passed on to third parties.
§ 12 Place of jurisdiction
- Unless otherwise stated in the contract, the place of performance and payment is Freiburg im Breisgau.
- The law of the Federal Republic of Germany applies.
- The place of jurisdiction is Freiburg im Breisgau.
§ 13 Information on online dispute resolution (according to Art. 14 Para. 1 ODR VO)
The platform for online dispute resolution of the European Commission can be reached at:
The seller is neither willing nor obliged to participate in an arbitration procedure before a consumer arbitration board.