Terms of Service
General Terms and Conditions of Business of 1984not Security GmbH at www.1984not.com
§ 1 Scope of application, contract language
(1) These General Terms and Conditions apply to the contracts between you (hereinafter referred to as the Customer) and us, the company 1984not Security GmbH (Bezirksstraße 2a, 85716 Unterschleissheim, HRB221802, Umsatzsteuer-ID-Nummer DE 304197144) represented by the Managing Director Bernd Herzmann (click: Imprint) via the online platform www.1984not.comgeschlossenen, unless otherwise expressly agreed in writing between you and us. Deviating or conflicting conditions will not be accepted by us unless we have expressly agreed to them.
(2) The customer shall be notified of any changes to these terms and conditions in writing, by fax or by e-mail. If the customer does not object to a change within four weeks of receipt of the notification, the changes shall be deemed accepted by the customer. The customer will be informed separately of the right of objection and the legal consequences of silence in the event of a change to the terms and conditions.
(3) The language available for the conclusion of the contract is exclusively German. Translations of these terms and conditions into other languages are for your information only. In the event of any differences between the language versions, the German text shall take precedence.
§ 2 Applicable Law, Mandatory Consumer Protection Regulations
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods if
(a) you have your habitual residence in Germany, or
(b) your habitual residence is in a country which is not a member of the European Union.In the event that you have your habitual residence in a member state of the European Union, the applicability of German law shall also apply, whereby mandatory provisions of the state in which you have your habitual residence shall remain unaffected.
§ 3 Subject matter of the contract
(1) Customers have the opportunity to download the "1984not" application from the www.1984not.comdie platform.
(2) The application "1984not" is a multimedia messenger with which messages, images, videos and data can be securely sent and received via a network. Photos, videos and voice messages can be edited directly in the application by the user himself.
(3) The systems Android, iOS, Windows and Linux are supported.
§ 4 Conclusion of contract
(1) The presentation of the application "1984not" on our platform does not constitute a legally binding offer, but an invitation to place an order (invitatio ad offerendum).
(2) By clicking on the "Payable Direct Download" button in the last step of the ordering process, you make a binding offer to purchase the application displayed in the order overview. Immediately after sending the order, you will receive an order confirmation which, however, does not constitute an acceptance of your contractual offer. A contract between you and us is concluded as soon as we accept your order by a separate e-mail or release the application for download. Please check the SPAM folder of your e-mail account regularly.
(3) On our platform, you can select the application "1984not" for purchase (download) by placing it in a shopping basket by clicking on the corresponding button. If you want to complete the order, go to the shopping cart, where you will be guided through the further order process. After the article selection in the shopping basket and the specification of all necessary order and address data in the following step, a page opens by pressing the button "Next", in which the essential article data including arising costs are summarized again. Up to this time you can correct your inputs and/or refrain from the contract explanation. A binding offer within the meaning of paragraph 2 will only be made when you subsequently click on the "Order payable" button.
(4) The purchase is made via the Google App Store, the Apple App Store and the Mircrosoft App Store. Please note that the contract is concluded with us and not with the respective App Store operator.
§ 5 Correction note
As part of the ordering process, you first put the desired application "1984" in the shopping basket. There you can remove the selected application completely at any time. If you have stored the application there, click on the "Next" buttons to go to a page where you can enter your data and then select the payment method.Finally, an overview page opens where you can check your entries. You can correct your input errors (e.g. regarding payment method or data) by clicking on "Edit" in the respective field. If you wish to cancel the order process completely, you can also simply close your browser window. Otherwise, after clicking on the confirmation button "order payment" your declaration will be binding in the sense of § 3 paragraph 2 of these terms and conditions.
§ 6 Storage of the contract text
The contractual provisions with details of the application ordered by you including these General Terms and Conditions and the revocation instructions will be sent to you by e-mail with acceptance of the contractual offer or with notification thereof. We do not store the contractual provisions.
§ 7 Collection, storage and processing of your personal data
(1) You can order the application on our platform as a guest or as a registered user. As a registered user, you do not have to enter your personal data every time, but you can simply log into your customer account with your e-mail address and the password you freely chose during registration before or during an order.
(2) We require the following data from you for the execution and handling of an order:
- First name and surname
- email address
- Postal address.
(3) If you want to create a customer account, we need the data mentioned in paragraph 2 as well as a password freely chosen by you.
(4) We will use the data provided by you without your separate consent exclusively for the fulfilment and processing of your order(s), for example for the delivery of goods to the address provided by you. When paying by bank transfer, we also use your bank details to process payments. Any further use of your personal data for purposes of advertising, market research or for the demand-oriented design of our offers requires your express consent. You have the possibility to give this consent before declaring your order. This declaration of consent is completely voluntary and can be retrieved from our website and revoked by you at any time.
(5) The data provided by you will remain stored in your customer account until you delete it yourself. Beyond that or in the case in which you only order or book as a guest without creating a customer account, we store your data only in the context of our tax and commercial obligations.
(6) If your personal details change, you are responsible for updating them yourself. All changes can be made online after registration under "My account".
§ 8 Prices and Terms of Payment
The purchase price is due immediately with your order. The payment of the commodity takes place with credit card (we use the transmission procedure "SSL" for the coding of your personal data), by means of bank transfer or over our payment service provider. You can find the prices on our website at www.1984not.com
§ 9 Right of revocation
As a consumer you are entitled to a right of revocation. A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity.Cancellation policyright of withdrawalYou have the right to revoke this contract within fourteen days without giving reasons.The revocation period is fourteen days from the day the contract is concluded.In order to exercise your right of withdrawal, you must inform us (1984not Security GmbH, Bezirksstraße 2a, 85716 Unterschleißheim, Tel.: (0) 89 37779803, e-mail: firstname.lastname@example.org) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter, fax or e-mail sent by post). You can use the attached sample revocation form, which is not mandatory. You may also electronically complete and submit the sample withdrawal form or other unambiguous statement on our website (www.1984not.com). If you make use of this option, we will immediately (e.g. by e-mail) send you a confirmation of receipt of such a revocation.In order to comply with the revocation period, it is sufficient for you to send notice of the exercise of the right of revocation before the expiry of the revocation period.Consequences of the revocationIf you revoke this Agreement, we will refund to you all payments we have received from you, including delivery charges (other than the additional charges arising from your choosing a method of delivery other than the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date we receive notice of your revocation of this Agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.Premature expiry of the right of withdrawalIn view of the fact that the return of a download is not possible, you must agree when downloading our app that we begin to execute the contract before the expiry of the revocation period and confirm to us that you lose your right of revocation through your agreement with the start of the delivery of the download.Sample withdrawal form(If you want to cancel the contract, please fill out this form and send it back.)
1984not Security GmbH
Fax: +49 (0) 89 37779804
- Here with cancel the contract concluded by me/us(°)
- I/we (°) hereby cancel the contract concluded by me/us (°) for the provision of the following service (°)
- Ordered on (°)/received on (°)
- Name(s) of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only for paper communication)
§ 10 Rights of use
(1) We hereby grant the customer the simple, non-transferable right to use, reproduce, process and decompile the acquired application in accordance with the following provisions.
(2) The application "1984not" can be used in its basic version (without plugins) for a period of 1 year. After the expiration of this usage period, annual subscription costs will be charged. The price list can be found on our website at www.1984not.comeinsehen.
(3) The right to reproduce the application " 1984not" is limited to the installation of the application on a computer system owned directly by the Customer for the purpose of fulfilling the purpose of use and to a reproduction which is necessary for loading, displaying, running, transferring and storing the application as well as to the right to make a backup copy of the application by a person authorised to do so in accordance with § 69 d paragraph 2 UrhG.
(4) The right to edit the application is limited to maintaining or restoring the agreed functionality of the application.
(5) The right to decompile the application is granted under the condition of Section 69e Paragraph 1 Nos. 1 to 3 UrhG and within the framework of Section 69e Paragraph 2 Nos. 1 to 3 UrhG.
(6) The customer shall not be granted any further rights of use and exploitation to the application.
§ 11 Warranty
(1) The application provided by us essentially corresponds to the product description. Warranty claims shall not exist in the event of an insignificant deviation from the agreed or presumed quality and in the event of only an insignificant impairment of usability. Product descriptions shall not be deemed a warranty without a separate written agreement. In the case of update, upgrade and new version deliveries, the warranty claims shall be limited to the innovations of the update, upgrade or new version delivery compared to the previous version.
(2) Otherwise, the statutory provisions shall apply.
§ 12 Limitation of liability
(1) We shall be liable for intent and gross negligence. Furthermore, we shall be liable for the negligent breach of obligations, the fulfilment of which is essential for the proper performance of the contract, the breach of which endangers the achievement of the purpose of the contract and on the observance of which you as the customer may regularly rely. In the latter case, however, we shall only be liable for the foreseeable damage typical of the contract. We shall not be liable for the slightly negligent breach of obligations other than those specified in the preceding sentences.The above exclusions of liability shall not apply in the event of injury to life, limb or health. The liability according to the product liability law remains unaffected.
(2) Data communication via the Internet cannot be guaranteed to be error-free and/or available at all times according to the current state of the art. In this respect, we are not liable for the constant and uninterrupted availability of our online trading system.
(3) As the owner of the rights, we insure and guarantee that we are the owner of the online usage rights to the application "1984not" and that we can freely dispose of it in the contractual form. Furthermore, we guarantee that the software licensed by us is free of third-party rights.
§ 13 Final provisions
(1) The terms and conditions of business drawn up here are complete and exhaustive. Amendments and supplements to these terms and conditions should be made in writing in order to avoid ambiguities or disputes between the parties regarding the content of the contract agreed in each case.
(2) If you were domiciled or ordinarily resident in Germany at the time the contract was concluded and either moved from Germany at the time we brought the action or your domicile or ordinarily residence is unknown at that time, the place of jurisdiction for all disputes shall be the registered office of our company in Unterschleissheim.
(3) We draw your attention to the fact that, in addition to ordinary legal action, you also have the option of out-of-court settlement of disputes in accordance with Regulation (EU) No. 524/2013. Details can be found in Regulation (EU) No. 524/2013 and at the Internet address: ec.europa.eu/consumers/odrOur e-mail address is: email@example.com. In accordance with § 36 VSBG, we point out that we are not obliged to participate in an extrajudicial dispute resolution procedure before a consumer arbitration board.