Terms of service
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FROM PARIS-STUDIOS, BERNI REUTLINGER, C/O BLOCK SERVICES, STUTTGARTER STRAßE 106, 70736 FELLBACH GERMANYLAST UPDATE 20.01.2022
1 Scope
1.1. These terms and conditions apply to all sales contracts between PARIS-STUDIOS and the customer for digital products in the PARIS-STUDIOS online shop at www.vivre-motion.com
1.2. The current terms and conditions apply at the time the contract is concluded. Individual agreements between PARIS-STUDIOS and the customer have priority over these terms and conditions.
2. Subject matter of the contract
2.1. PARIS-STUDIOS offers digital symbols, icons and animated illustrations ("SIAI") as well as software for creating and editing SIAI in its online shop.
2.2. The nature of the SIAI results from the item description. The customer can download a free sample box to check the color quality and the frame rate on the Elgato Stream Deck or another device before purchasing.
2.3. The nature of the software results from the item description. The customer can download a free basic version to test functions. The software can only be used with an existing internet connection. The customer will not take any precautions to prevent or turn off the search for updates.
2.4. The use of SIAI or software in risk environments is excluded. A risk environment exists when software errors can result in an immediate danger to life or limb or considerable damage to property, for example in the operation of nuclear power facilities, aviation navigation or communication systems, air traffic control systems, weapon systems or life-support machines.
3. Conclusion of the contract
3.1. The products shown in the online shop do not yet represent a legally binding offer from PARIS-STUDIOS. Only the customer's order is a legally binding offer, which PARIS-STUDIOS can accept.
3.2. The ordering process begins with the selection of an article. The customer can at any time see an overview of all items in the shopping cart by clicking on the "shopping cart" symbol and can delete individual items from the shopping cart. After selecting the "Checkout" button, the customer provides his contact information. The customer then selects one of the payment methods offered. In the last step, the customer receives an overview of his order. The customer places a legally binding order by clicking the "Complete Order" button. The customer receives a confirmation of receipt of the order.
3.3. After placing his order, the customer will be asked to pay. This request represents the acceptance of the order by PARIS-STUDIOS.
3.4. PARIS-STUDIOS saves the order, but not the entire text of the contract. The customer can print out the contract text before submitting his order.
4. No right of withdrawal
4.1. In principle, consumers have a 14-day statutory right of withdrawal when making purchases in online shops. However, this expires prematurely when purchasing digital content if the consumer expressly agrees to the immediate execution of the contract by the entrepreneur and confirms his knowledge of the premature expiry of his right of withdrawal.
4.2. Further information can be found in the PARIS-STUDIOS Refund Policy.
5. Prices and terms of payment
5.1. The prices shown in EURO during the ordering process apply. Fees from payment service providers for currency conversions are borne by the customer.
5.2. The price for the paid software includes all updates (minor release, patch level, build number, updates, upgrades) for the respective version level and technical support for a period of one year. Software offered under a new version level is not included in the purchase price.
6. Usage Rights
6.1. PARIS-STUDIOS products are works protected by copyright. The customer acquires a non-exclusive, temporally and spatially unlimited right of use for use on a computer by a user.
6.2. The customer may make a backup copy according to § 69d Abs. 2 UrhG. The copy is to be marked as such.
6.3. The customer may resell purchased products to a single other person. In this case, he may not keep a copy of the SIAI or the software and must permanently delete them. Resale is only permitted if the customer has purchased any updates that are subject to a fee. Rental or sublicensing of the products is excluded.
6.4. Software includes third party software that is embedded in the software or that comes with the software. The user also agrees to the respective end-user license terms for this third-party software.
6.5. The customer is prohibited from translating the provided program code back into other code forms (decompilation) and other types of re-indexing of the various production stages of the software (reverse engineering), including program changes, in the case of software components whose source code has not been approved by the manufacturer for the user. Copyright notices, serial numbers and other features used for program identification may not be removed or changed.
6.6. PARIS-STUDIOS is entitled to terminate the contract in the event of a violation of the rights of use - without prejudice to any claims for damages. In this case, the customer must return or delete all software including backup copies made and all accompanying materials. The customer must provide PARIS-STUDIOS with evidence of the deletion upon first request.
6.7. BRAND ICONS All brand icons are trademarks of their respective owners. The use of these trademarks does not indicate endorsement of the trademark holder by PARIS STUDIOS, nor vice versa. Please do not use brand logos for any purpose except to represent the company, product, or service to which they refer.
7. Delivery
7.1. After paying the purchase price, the customer is redirected to an overview page with links for the direct download of the purchased products. In addition, the customer receives the download links by email. When purchasing software, the customer also receives an activation code.
7.2. SIAI are provided as ZIP files, which the customer has to unpack on his computer. Software is provided as an EXE file and must be run on the customer's computer.
7.3. The download links are valid for a period of one year. During this time, the download can also be carried out several times.
8. Updates
8.1. The software is updated by the provider at its own discretion. There is no obligation to update outside of the supplementary performance within the scope of liability for defects.
8.2. When the software starts, it searches for available updates. If there is an update, the customer can choose whether to install it. In this case, an old version must be deleted.
8.3. Existing functions can be removed to a reasonable extent through updates. The customer can view the changes (release notes) planned for an update in the online shop.
9. Warranty
9.1. There is only a guarantee for products if they are used in the agreed system environment. PARIS-STUDIOS is therefore not liable for the fact that products meet the specific requirements of the customer or that they work together with components in the customer's special hardware and software configuration.
9.2. PARIS-STUDIOS is not liable for a reduced speed of hardware and software due to the installation of SIAI.
9.3. The guarantee only exists at the time of purchase. Changes to third-party software (operating system, APIs, other software) that impair the functionality of the products do not constitute a defect. PARIS-STUDIOS is not obliged to adapt the products to changed third-party software.
10. Defect rights
10.1. If there is a defect, the customer has the right to supplementary performance. The supplementary performance is carried out by providing an update. If PARIS-STUDIOS does not succeed in correcting defects within a reasonable period, the customer is entitled to withdraw from the contract or to reduce the purchase price.
10.2. Defect rights expire after two years from delivery of the products. The date on which the download link was received is decisive.
10.3. Warranty rights for the free SIAI sample box or the free basic version of the software are excluded.
11. Compensation for Damages
11.1. The customer is liable to PARIS-STUDIOS in the event of copyright infringements, regardless of fault, for removal and omission and, regardless of fault, for damages.
11.2. PARIS-STUDIOS is not liable for damage of any kind which the customer incurs as a result of failure to update the software or the operating system or other third-party software.
11.3. PARIS-STUDIOS is not liable for incompatibilities and resulting damage due to the parallel installation or the parallel execution of the licensed software on one computer.
11.4. PARIS-STUDIOS is not liable for damage caused by the fault of the customer. In particular, the customer must refrain from using the software if it leads to malfunctions.
11.5. Liability for damages is excluded for the free sample box from SIAI or for the free basic version of the software.
12. Data protection
12.1. In the event of updates, system information from the customer's computer is transmitted, which PARIS-STUDIOS does not pass on to third parties.
12.2. The customer's data are processed in accordance with statutory regulations. Further information can be found in the PARIS-STUDIOS data protection declaration
12.3. When the software is launched for the first time, it creates a random, anonymous identifier (UUID as defined in RFC 4122). This identifier is used solely to send a one-time status ping during startup and to gain basic insights into how the software is used. It contains no personal or device-related information, is not linked to IP addresses or any other data source, and is never shared with third parties. The UUID does not qualify as personal data under Article 4(1) of the GDPR. Since re-identification is technically excluded, no consent under Article 6(1)(a) is required. This implementation fully adheres to the GDPR principle of data minimization (Article 5(1)(c)).
13. Final provisions
13.1. The law of the Federal Republic of Germany applies to the exclusion of all international and supranational (contractual) legal systems.
13.2. The European Commission provides a platform for out-of-court online dispute resolution, which is available at http://ec.europa.eu/consumers/odr. PARIS-STUDIOS is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
13.3. If the customer is a consumer residing in an EU member state, the European provisions on the choice of place of jurisdiction by the consumer apply.