Terms of service

General Terms and Conditions

General Terms and Conditions (T&Cs, as of February 16, 2024)

§ 1 General

  1. If the customer opts for the shipment of goods to a delivery address specified by them (hereinafter referred to as "shipping option") with payment via the online shop or for a product available via data streaming (e.g., software, eBook, or audio file containing an audiobook, radio play, music track, or other sound recording), a contract is concluded with LegendaryMedia e.K., Windmühlstraße 4, 60320 Frankfurt (hereinafter referred to as "seller").
  2. These General Terms and Conditions exclusively apply to all contracts between the seller and the customer (both for the shipping option and for products available via data streaming). Conditions of the customer deviating from these terms are not recognized by the seller unless the seller has agreed to their validity.

§ 2 Conclusion of Contract

  1. The contract with the customer is concluded:

    a) in the case of the shipping option, by the customer sending their order entered in the online shop by selecting the "Buy now" button as an offer to conclude a purchase contract to the seller, and the seller then accepting the customer's offer by delivery within a reasonable time.

    b) in the case of products delivered via data streaming, by the customer sending an offer to conclude a contract to the seller as described in the case of the shipping option, and the seller then accepting the customer's offer by making the software, eBook, or audio file available for data streaming (via the cloud).

  2. The seller reserves the right not to accept the respective offer, especially in the case of typographical, printing, or calculation errors contained in the online shop that have become the basis of the customer's offer, and in the case of interim price adjustments by suppliers.

  3. The language available for the conclusion of the contract is German. The contract text (T&Cs with individual order data of the customer) is not stored by the seller after the conclusion of the contract and is therefore not accessible to the customer.

§ 3 Delivery of Goods / Provision for Download

  1. In the shipping option, the goods are handed over by delivery to the delivery address specified by the customer. Any shipping costs that may arise are displayed to the customer before completing the order in the online shop. For deliveries abroad, the customer may have to bear additional taxes and duties.
  2. eBooks, and audio files are made available for data streaming (via the cloud) after the purchase of the usage rights.
  3. The option for downloading and re-downloading eBooks and audio files is a voluntary service of the seller, which can be terminated at any time. Therefore, the seller reserves the right to change, interrupt, or discontinue the option for data download and re-download of eBooks and audio files at any time, temporarily or permanently, and to delete individual eBooks and audio files from the customer's account. This applies especially in the case of a valid reason for removing the eBook or audio file from the customer's account. For clarification: The option of deletion does not apply to eBooks and audio files that are already located on the customer's own storage location, e.g., their PC, laptop, etc., after the customer has downloaded them. The customer's warranty claims according to § 7 remain unaffected by this regulation.
  4. The option to use the cloud (i.e., to store, use, manage, and delete eBooks and certain other data in a data storage area assigned to the customer over the Internet) is also a voluntary service of the seller, which can be terminated at any time. Therefore, the seller reserves the right to change, interrupt, or discontinue this option at any time - temporarily or permanently, in whole or for specific customers, devices, data, or functionalities. This applies especially in case of violation of the regulations for proper use of the cloud by the customer, conflicting third-party rights, or system maintenance. The seller further reserves the right not to offer the possibility of use for certain devices or data, especially for technical reasons. The seller may use files, information, or other data stored by the customer (e.g., customer-owned data) as far as necessary for the establishment, performance, or termination of the cloud usage by the customer, which includes making corresponding copies and using them for backup purposes. The customer must observe all relevant industrial property rights and copyrights when using the cloud. The cloud must not be used or allowed to be used abusively, in particular, no data with illegal or immoral content may be obtained, transmitted and/or distributed, or referred to such data. The customer must refrain from attempting unauthorized access to information or data or to interfere or allow interference in programs operated by the seller, its service providers, or subcontractors, or to penetrate into data networks operated by the seller, its service providers, or subcontractors. The customer must not abusively use the possible exchange of electronic messages for unsolicited sending of messages or information to third parties (spamming).

§ 4 Prices, Payment Terms, Invoice Dispatch, Reservation of Title

  1. All prices listed in the online shop are inclusive of legally required VAT.

  2. Payment Services The customer has the choice among the payment methods offered during the ordering process. If the customer selects the direct debit method offered to them, they must provide the necessary SEPA direct debit mandate and ensure sufficient funds in the bank account at the time of payment. For orders executed via direct debit, the customer receives a pre-notification (prenotification) in the invoice sent by email about the upcoming charge to the bank account. The pre-notification is issued in time so that there is one bank working day between it and the account charge. In the event of a return or non-redemption of a direct debit, the customer irrevocably authorizes the bank upon entering into the contract to inform the seller of their name and current address. Processing fees for the unjustified return or non-redemption of a direct debit, billed to the seller by the seller's bank, must be reimbursed by the customer.

    We integrate payment services from third-party companies on our website. When you make a purchase with us, your payment details (e.g., name, payment amount, account details, credit card number) are processed by the payment service provider for the purpose of payment processing. The respective contractual and data protection provisions of the respective providers apply to these transactions. The use of payment service providers is based on Art. 6 Para. 1 lit. b GDPR (contract execution) and in the interest of a smooth, convenient, and secure payment process (Art. 6 Para. 1 lit. f GDPR). Insofar as your consent is requested for certain actions, Art. 6 Para. 1 lit. a GDPR is the legal basis for data processing; consents can be revoked at any time for the future.

    The following payment services/payment service providers are used within the framework of this website:

    Credit Card

    You enter your credit card details during the ordering process. Your card is charged immediately after placing the order.

    Stripe

    For customers within the EU, the provider is Stripe Payments Europe, Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe").

    Data transfer to the USA is based on the EU Commission's standard contractual clauses. Details can be found here: https://stripe.com/de/privacy and https://stripe.com/de/guides/general-data-protection-regulation.

    Details can be read in Stripe's privacy policy under the following link: https://stripe.com/de/privacy.

    Shopify Payment

    The provider of this payment service in the EU is Shopify International Limited, 2nd Floor Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter "Shopify Payment").

    Details can be found in Shopify Payment's privacy policy: https://www.shopify.de/legal/datenschutz.

  3. All prices stated in the online shop include the legally required taxes in the markets it is selling to. Shipping costs are calculated and billed separately during the checkout process (based on the customer’s address). In addition, any duties that may apply will be billed to the customer separately according to their national laws and regulations.

  4. The customer has the choice between the payment methods offered during the ordering process. If the customer chooses the direct debit method offered to them, they must issue the necessary SEPA direct debit mandate and ensure sufficient funds in the bank account at the due date. For orders executed against direct debit, the customer receives a pre-notification (prenotification) about the upcoming debit of the bank account in the invoice sent by email. The pre-notification is issued so timely that there is one bank working day between it and the debit. In the event of the return or non-redemption of a direct debit, the customer irrevocably authorizes the bank to inform the seller of their name and current address upon the conclusion of the contract. The customer must reimburse processing fees for the unjustified return or non-redemption of a direct debit, which are billed to the seller by the seller's bank.

    Credit Card

    You enter your credit card details during the ordering process. Your card is charged immediately after placing the order.

  5. The invoice for the customer's order is sent exclusively by email.

  6. Goods delivered to the customer as part of the shipping option remain the property of the seller until full payment is received.

§ 5 Usage Requirements for eBooks and Audio Files

  1. The seller does not transfer ownership of eBooks and audio files to the customer. The customer acquires a simple, non-transferable, and (until full payment of the agreed remuneration is made) revocable right to use the offered title for personal use.
  2. The content of eBooks and audio files may not be altered in content or editorially by the customer, subject to deviating mandatory legal rules.

§ 6 Conditions for Series Packages

  1. If the customer sends an offer to conclude a contract for the purchase of a series package to the seller, the acceptance by the seller regarding the entire package occurs through the delivery of the first item or, for products delivered via data download, by making the first article available for download in the customer's account area.
  2. The delivery time for each item of the series package or the provision for download of each article is specified in the description of the respective package on the website at the time of ordering. If the seller's own supply of the respective goods, eBook, or audio file has not occurred in time before the relevant delivery date, the seller is entitled to withdraw from the contract regarding the delivery of the series package concerning the affected products or to terminate the contract. The seller will immediately inform the buyer about the unavailability or the existence of legal obstacles and refund any payments already made for the products affected by the withdrawal or termination without delay.

§ 7 German Right of Withdrawal for Goods

For contracts concerning the delivery of goods, the customer has the following right of withdrawal:

-- Withdrawal Instructions ---

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day

  • on which you or a third party nominated by you, who is not the carrier, has taken possession of the goods, if you have ordered one or more goods as part of a single order and the goods are delivered uniformly;
  • on which you or a third party nominated by you

who is not the carrier, has taken possession of the last good, if you have ordered several goods as part of a single order and the goods are delivered separately;

  • on which you or a third party nominated by you, who is not the carrier, has taken possession of the last partial shipment or the last piece, if you have ordered a good that is delivered in multiple partial shipments or pieces;

If several of the aforementioned alternatives are applicable, the withdrawal period does not begin until you or a third party nominated by you, who is not the carrier, has taken possession of the last good or the last partial shipment or piece.

To exercise your right of withdrawal, you must inform us (LegendaryMedia e.K., Windmühlstraße 4, 60329 Frankfurt am Main, Email: support (at) legendarymedia (dot) de) by means of a clear statement (e.g., a letter sent by post or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments we have received from you, including the costs of delivery (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. You will have to bear the direct cost of returning the goods.

You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods.

Exclusion or premature expiration of the right of withdrawal

The right of withdrawal does not apply to contracts for the delivery of goods that

  • are not prefabricated
  • for the production of which an individual selection or determination by the consumer is decisive
  • are clearly tailored to the personal needs of the consumer.

The right of withdrawal expires prematurely for contracts for the delivery of sealed audio or video recordings or sealed software if the seal was removed after delivery.

Model Withdrawal Form

(If you want to withdraw from the contract, please fill out this form and send it back.)

To

Hunter Lassal c/o LegendaryMedia e.K. Windmühlstraße 4 D-60329 Frankfurt am Main Germany Email: support@hunterlassal.com

I/We (*) hereby withdraw 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 customer(s)

…………………………………………………………………………………………………….

Address of the customer(s)

…………………………………………………………………………………………………….

Signature of the customer(s) (only if this form is notified on paper)

…………………………………………………………………………………………………….

Date …………………………………………………………………………………………………….

(*) Delete as appropriate.

§ 8 Right of Withdrawal for Data Downloads

For contracts concerning the delivery of data downloads (digital content not supplied on a tangible medium), the customer has the following right of withdrawal:

-- Withdrawal Instructions ---

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the day of contract conclusion. To exercise your right of withdrawal, you must inform us (LegendaryMedia e.K., Windmühlstraße 4, 60329 Frankfurt am Main, Email: support (at) hunterlassal (dot) com) by means of a clear statement (e.g., a letter sent by post or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments we have

received from you, including the costs of delivery (with the exception of the additional costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

Model Withdrawal Form

(If you want to withdraw from the contract, please fill out this form and send it back.)

To

Hunter Lassal c/o LegendaryMedia e.K. Windmühlstraße 4 D-60329 Frankfurt am Main Germany Email: support (at) hunterlassal (dot) com

I/We (*) hereby withdraw 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 customer(s)

…………………………………………………………………………………………………….

Address of the customer(s)

…………………………………………………………………………………………………….

Signature of the customer(s) (only if this form is notified on paper)

…………………………………………………………………………………………………….

Date …………………………………………………………………………………………………….

(*) Delete as appropriate.

§ 9 Warranty and Liability

  1. Subject to the following paragraphs 2 to 4, the customer is entitled to statutory warranty claims.
  2. Claims for damages by the customer are excluded. This does not include claims for damages by the customer resulting from injury to life, body, health, or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the seller, his legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary for the proper execution of the contract and on which the customer may regularly rely. The risk of accidental loss and accidental deterioration of the sold item transfers to the buyer upon handover of the order to the carrier (post).
  3. In the event of a breach of essential contractual obligations, the seller is only liable for the contract-typical, foreseeable damage if this was caused by simple negligence, unless it involves claims for damages by the customer resulting from injury to life, body, or health.
  4. The restrictions of paragraphs 2 and 3 also apply in favor of the seller's legal representatives and vicarious agents if claims are made directly against them.
  5. The provisions of the Product Liability Act remain unaffected, as well as any claims from a guarantee for the quality of the item assumed by the seller or a third party or for the item retaining a specific quality for a certain period.

§ 10 Miscellaneous

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. The mandatory provisions of the state in which the customer has their habitual residence remain unaffected. The seller is not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.