General terms and conditions for the usage of www.own3d.tv
§ 1 SCOPE
The following general terms and conditions are becoming valid after completing the purchase on www.own3d.tv (named own3d.tv in the following) and are basis for the usage of the online offer on www.own3d.tv
The business terms and conditions are considered as accepted unless the customer contradicts via post or e-mail instantly. Only the current version of the general terms and conditions that have been valid during the time of the purchase apply. A customer’s deviant general terms and conditions will be rejected.
§ 2 CONCLUSION OF CONTRACT
§ 2.1. CONTRACTING PARTNER
The contract is made with:
StreamTV Media GmbH
§ 2.2. CONCLUSION OF THE CONTRACT
The contract is becoming effective as soon as the customer has completed the purchasing process by confirming the “Order now” button. By sending the order, the customer makes a binding offer which is referring to the conclusion of a sale contract about the items which are included in the shopping cart. own3d.tv confirms the incoming of the order by sending out a confirmation e-mail.
§ 2.3. BILLING
After receiving the order on own3d.tv, the customer will receive a bill via e-mail.
§ 3 LICENCES
§ 3.1. LICENCE AGREEMENT AND USUFRUCT
The delivered product remains property of own3d.tv until the payment has been fully completed. All templates are copyrighted. By purchasing a logo, the user has the right to use it for personal or business purposes. The usufruct of § 3.2 and § 3.3 has to be followed at any time. It is allowed to adapt the logo or parts of it. The customer is not allowed to use the logo or parts of it for other projects, other logos or own logo templates. Furthermore, the logo or parts of it are not allowed to be made available for download or distributed in any other way (resale).
§ 3.2. USUSFRUCT: SINGLE PRICE (NOT EXCLUSIVE)
The customer purchases a logo which is not going to be removed from our shop system after the purchase has been made. When purchasing a logo, the customer receives the right of usage for the purchased logo for an indefinite amount of time. The customer does not receive exclusive rights for the logo.
§ 3.3. TRANSFERABILITY
The customer is not allowed to licence the licence by himself or transfer it or sign it over to another person without own3d.tv‘s consent which has to be provided in writing.
§ 4 PAYMENT
§ 4.1. STELLEMENT DATE
The payment of the purchasing price (single or exclusive price) is due at the time of reaching agreement
§ 4.2. PRICES
All prices that are given on www.own3d.tv are gross prices and are including VAT at the statuary rate of 19%. Effective prices are the prices which have been given at the time of the online purchase on www.own3d.tv.
§ 4.3. PAYMENT OPTIONS
The payment of the items can be made only via PayPal (domestic and international) at this point.
§ 4.4. ANNULMENT
As long as the amount due has not been received within 7 working days, own3d.tv is entitled to declare the contract as invalid without giving any further reasons.
§ 5 DELIVERY
After the payment has been received, the customer receives an e-mail from own3d.tv which includes the purchased product as .zip file. The lead time is one day in general after receiving the payment. These details are not binding as long as no other kind of agreement has been made.
§ 6 REFUND
Since own3d.tv offers intangible and irrevocable goods, own3d.tv is not granting a refund after providing the goods. The customer has to be clear about that before purchasing the product. own3d.tv is only granting exceptions of this rule if the product does not match its description. A refund is depending on the case and can only be conducted if both parties agree. The time for refund claims is two weeks after the date of delivery.
§ 7 PRIVACY STATEMENT
During initiation, conclusion, process and reversed transaction of a sale contract, data will be collected, saved and processed within the bounds of enactment.
When visiting our online offer, currently the IP-address that is used by the PC, date and time, browser type and the PC’s operating system as well as the sites that have been visited by the customer are protocolled. It is not possible for us to conclude personal data and it is also not intended. Personal data that the customer delivers for example during a purchasing process or via e-mail (e.g. name or contact data) will only processed for the purpose of contacting you and for the purposes that you made available for us. We are only transferring the data to the company that has been given the task of delivery as long as this is necessary in order for the goods to be provided. For processing the payment, we are transferring the data to the financial institution. We assure that we are not transferring the data to a third party unless we are committed by law or the customer stated his consent.
As far as we are drawing the service of a third party for the purpose of the execution and the processing of execution processes, the regulations of the Federal Data Protection Act will be kept.
§8 GUARANTEE AND LIABILITY
own3d.tv is granting warranty that the product is free of defects at the time of the purchased object’s delivery. All offered templates are created carefully and were tested in several browsers. There can be a difference of the templates’ depiction in different browsers and operating systems. In case that customers experience a defect or flaw, the customer is obliged to report those to own3d.tv.
In case that the delivered products include flaws or defects, own3d.tv is obliged to fix those or deliver a replacement. The warranty is invalid if the customer is making changes to the logo or template by either himself or athird party if they were made improperly or on a nonprofessional level and which are therefore contradicting the original condition of the template so that a repair is impossible.
§ 9 FINAL PROVISION
own3d.tv subjects the alteration of the general terms and conditions.
German law applies exclusively. This choice of law is only applying to the consumer if no mandatory legal provisions of the state that the consumer is situated or has a habitual residence in are imposed.
As far as the customer is not a consumer, the legal venue of Steyr is agreed on.
§ 10 Giveaways
§ 10.1 General
Participation in the giveaway is free, voluntary, and not associated with any obligation to purchase. By submitting the fully and correctly filled online giveaway registration (according to the defined challenge), the participant confirms having read the terms and conditions and accepts them without restrictions.
The organizer of the giveaway is:
StreamTV Media GmbH
The giveaway entry period will be clearly defined. Only on-time entries will be considered. Time is in CET/CEST ("Execution Period"). No correspondence regarding the giveaway can be conducted.
Giveaways conducted on Twitch, Facebook, Twitter, Discord, TikTok, or Instagram are not associated with Twitch, Facebook, Twitter, Discord, TikTok, or Instagram. They are not sponsored, supported, or organized by Twitch, Facebook, Twitter, Discord, TikTok, or Instagram.
§ 10.2 Eligibility
The Giveaway is open to participants who meet the specified eligibility criteria. Participation is open only to natural, legal adults with full legal capacity. Each participant is limited to one entry unless it’s otherwise specified. The participant is responsible for the accuracy of the provided data.
Comments, posts, or contributions that violate Twitch, Facebook, Instagram, or Twitter policies, Austrian law, good manners, and/or copyright will be removed. The participant will be disqualified. The organizer reserves the right to exclude participants from the giveaway due to false information, manipulation, or the use of unauthorized aids.
Employees of OWN3D and their immediate family members are not eligible to participate.
§ 10.3 Data Protection
The participant expressly agrees that the personal data transmitted by them will be electronically stored. OWN3D is committed to complying with relevant data protection regulations. Your consent to data storage and use can be revoked at any time by email.
Participants agree that, in the event of winning, their first name and last name, as well as creator name (in abbreviated form), will be published on the website and social media.
The terms and conditions for giveaways and data protection provisions also apply to our partners and supporters for the execution of giveaways and the provision of prizes. This applies to both natural persons and any other legal form.
Participants expressly agree that personal data collected by the partner may need to be shared with us to continue participating in giveaways. All personal data will be deleted after the giveaway ends; data can be deleted earlier upon request. In this case, a simple email firstname.lastname@example.org sufficient.
§ 10.4 Prize
The prize details will be clearly outlined. The prize is non-transferable and cannot be exchanged for cash or an alternative prize. OWN3D reserves the right to exchange the prizes provided for the giveaway with equal or higher-value prizes at any time without stating reasons. The prize drawing takes place after the end of the execution period, excluding the public. Winners will be selected randomly or by a specified criterion. There is no obligation to accept the prize.
Winners will be informed in writing. If a winner does not respond within a specified time (1 Week), OWN3D reserves the right to select an alternate winner.
§ 10.5 Liability
OWN3D excludes all warranties and liability for claims related to the giveaway and the prizes awarded against the giveaway participant and the winners to the extent permitted by law. OWN3D also assumes no liability for any technical difficulties that may affect the result of the giveaway or participation in the giveaway. Legal recourse is excluded.