Terms of service
Standard Business Terms and customer information
I. Standard business terms
§ 1 Basic provisions
(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (Marcel Meier zu Verl) via the https://cherigo.com/ website. Unless otherwise agreed upon, the inclusion, if necessary, of your own conditions is ruled out.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The contract subject matter is the purchase of download products (digital content which is not supplied on a physical data carrier).
(2) In conjunction with the setting up of the respective download product on our website, we refer you to a binding offer associated with the conclusion of a purchase contract under the conditions specified in the product description.
(3) The purchase contract is concluded via the online shopping cart system as follows:
The download products to be purchased are placed in the ‘shopping cart’. The customer can use the respective button in the navigation bar to call up the ‘shopping cart’ and make changes at any time. After the ‘check-out’ page has been called up and the respective personal data and payment conditions have been entered, all the order data is displayed again on the order overview page.
If you used an instant payment system (e.g. PayPal / PayPal Express, Amazon-Payments, Postpay, Sofort) to receive payments, you will either be guided to our online shop on the order summary page or forwarded to the web page of the instant payment provider.
If you are forwarded to the instant payment system, choose and enter your details as appropriate. You will then be returned to the order summary page in our online shop.
Before the order is sent, you can re-check all the data, change it (which can also be done via the internet browser’s ‘back’ function) or cancel the purchase transaction. By using the ‘Place order in conjunction with a liability to pay’ button to send the order, you indicate your legally binding acceptance of the offer, which results in the conclusion of the purchase contract.
(4) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one, and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 Licence to use for download products
(1) The download products that are on offer are copyright-protected. You will receive a simple operating license for every download product purchased from us, unless otherwise specified in the respective quote.
(2) The simple usage licence encompasses permission to save and/or record a copy of the download product on your computer or other electronic device for personal use.
You are not allowed to make any additional copies. You are explicitly prohibited from changing a file or parts thereof, processing it and making it privately or commercially available to external parties in any manner whatsoever.
§ 4 Right of retention
(1) You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
§ 5 Choice of law
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
II. Customer information
1. Identity of the seller
Marcel Meier zu Verl
E-Mail: info@cherigo.com
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself and the correction options are executed in accordance to the regulations "conclusion of the contract" in our standard business terms (part I.).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts and the standard business terms are re-sent to you via e-mail.
4. Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
5. Prices and payment arrangements
5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.
5.2 Since the product is downloaded, no shipping costs accrue.
5.3 If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes or money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear.
5.4 You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union.
5.5 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
5.6 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
6. Delivery conditions
6.1 The delivery conditions, delivery date and existing supply restrictions, if applicable, can be found by clicking the appropriate button on our website or in the respective quote.
7. Statutory warranty right
The statutory warranty rights are applicable.
8. Contract duration / cancellation
Information on the contract term and the terms and conditions of termination can be found in the section “Contract term / Termination of subscription contracts” in our General Terms and Conditions of Business (Part I), and in the individual quotation.
These SBTs and customer details were created by the lawyers specialising in IT law who work for the Händlerbund, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings are issued. More detailed information can be found on the following website: https://www.haendlerbund.de/agb-service.
last update: 23.10.2019
Payment and dispatch
The following terms and conditions apply:
Dispatch conditions
Delivery of download items:
Supply of download products: Download products (digital content which is not supplied on a physical data carrier) do not incur shipping costs.
The customers can download the Download items in their customer accounts.
This Download is provided within 24 hours after placing the order (in case an advance payment has been agreed upon, after the payment authorisation).
The customers are also informed about the provision via email.
Accepted Payment options
- Payment via credit card
- Payment via PayPal
- Payment via PayPal Plus (credit card, direct debit, invoice)
Further details on payment
If payment is made using a credit card, your credit card account is debited in conjunction with the conclusion of the contract.
In case of questions, please contact us at the contact details mentioned in the Legal Notice.
Revocation right for consumers
(A ‘consumer’ is any natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities.)
Instructions for revocation
Revocation right
You have the right to revoke this contract within fourteen days without specifying any reasons.
The revocation period is fourteen days with effect from the day of the conclusion of the contract.
In order to exercise your revocation right, you must inform us (Marcel Meier zu Verl, e-mail address: info@cherigo.com) of your decision to revoke this contract by means of a clear declaration (e.g. a letter sent via post, fax or email). You can use the enclosed specimen revocation form for this, which however is not mandatory.
In order to safeguard the revocation period, it is sufficient that you send the notification about the exercise of the revocation right before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall repay all the payments, which we received from you, including the delivery costs (with the exception of additional costs, which arise from that fact that you selected a form of delivery other than the most reasonable standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notification about the revocation of this contract from you. We use the same means of payment, which you had originally used during the original transaction, for this repayment unless expressly agreed otherwise with you; you will not be charged any fees owing to this repayment.
Criteria for expiry
The revocation right expires in case of a contract about the delivery of digital contents not available on a physical data carrier if the businessman has started with the execution of the contract after the consumer
1. has explicitly approved that the businessman starts with the execution of the contract before expiry of the revocation right and
2. confirms that he is aware that he shall lose his revocation right once the contract execution is started with his approval.
Specimen - revocation form
(If you wish to revoke the contract, please fill up this form and send it back to us.)
- To Marcel Meier zu Verl,, e-mail address: info@cherigo.com
- I/we (*) herewith revoke the contract concluded by me/ us (*) regarding the purchase of the following products (*)/
the provision of the following service (*)
- Ordered on (*)/ received on (*)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of a notification on paper)
- Date
(*) Cross out the incorrect option.
About us
About Us
Legal website operator identification:
Marcel Meier zu Verl
E-Mail: info@cherigo.com
For inquiries please use the e-mail info@cherigo.com
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed under https://ec.europa.eu/odr.
Data protection declaration
Unless stated otherwise below, the provision of your personal data is neither legally nor contractually obligatory, nor required for conclusion of a contract. You are not obliged to provide your data. Not providing it will have no consequences. This only applies as long as the processing procedures below do not state otherwise.
“Personal data” is any information relating to an identified or identifiable natural person.
Server log files
You can use our websites without submitting personal data.
Every time our website is accessed, user data is transferred to us or our web hosts/IT service providers by your internet browser and stored in server log files. This stored data includes for example the name of the site called up, date and time of the request, the IP address, amount of data transferred and the provider making the request. The processing is carried out on the basis of Article 6(1) f) GDPR due to our legitimate interests in ensuring the smooth operation of our website as well as improving our services.
Customer account Orders
Customer account
When you open a customer account, we will collect your personal data in the scope given there. The data processing is for the purpose of improving your shopping experience and simplifying order processing. The processing will be carried out on the basis of art. 6 (1) lit. a GDPR with your consent. You can withdraw your consent at any time by contacting us without affecting the legality of the processing carried out with your consent up to the withdrawal. Your customer account will then be deleted.
Collection, processing, and transfer of personal data in orders
When you submit an order we only collect and use your personal data insofar as this is necessary for the fulfilment and handling of your order as well as processing of your queries. The provision of data is necessary for conclusion of a contract. Failure to provide it will prevent the conclusion of any contract. The processing will occur on the basis of Article 6(1) b) GDPR and is required for the fulfilment of a contract with you.
Your data is transferred here for example to the shipping companies and dropshipping providers, payment service providers, service providers for handling the order and IT service providers that you have selected. We will comply strictly with legal requirements in every case. The scope of data transmission is restricted to a minimum.
Payment service providers
Use of PayPal
All PayPal transaction are covered by the PayPal Data Privacy Statement. You can found this at https://www.paypal.com/de/webapps/mpp/ua/privacy-full?locale.x=en
Cookies
Our website uses cookies. Cookies are small text files which are saved in a user’s internet browser or by the user’s internet browser on their computer system. When a user calls up a website, a cookie may be saved on the user’s operating system. This cookie contains a characteristic character string which allows the browser to be clearly identified when the website is called up again.
Cookies will be stored on your computer. You therefore have full control over the use of cookies. By choosing corresponding technical settings in your internet browser, you can be notified before the setting of cookies and you can decide whether to accept this setting in each individual case as well as prevent the storage of cookies and transmission of the data they contain. Cookies which have already been saved may be deleted at any time. We would, however, like to point out that this may prevent you from making full use of all the functions of this website.
Using the links below, you can find out how to manage cookies (or deactivate them, among other things) in major browsers:
Chrome Browser: https://support.google.com/accounts/answer/61416?hl=en
Internet Explorer: https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies
Mozilla Firefox: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
Safari: https://support.apple.com/de-de/guide/safari/manage-cookies-and-website-data-sfri11471/mac
technically necessary cookies
Insofar as no other information is given in the data protection declaration below we use only these technically necessary cookies cookies to make our offering more user-friendly, effective and secure. Cookies also allow our systems to recognise your browser after a page change and to offer you services. Some functions of our website cannot be offered without the use of cookies. These services require the browser to be recognised again after a page change.
Processing is carried out on the basis of art. 6 (1) lit. f GDPR due to our largely justified interest in ensuring the optimal functionality of the website as well as a user-friendly and effective design of our range of services.
You have the right to veto this processing of your personal data according to art. 6 (1) lit. f GDPR, for reasons relating to your personal situation.
Analysis Advertising Partner program
Use of the Google Analytics
Our website uses the web analysis service Google Analytics from Google LLC. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google"). If you are ordinarily resident in the European Economic Area or Switzerland, Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) is the controller responsible for your data. Google Ireland Limited is therefore the company affiliated with Google responsible for processing your data and for compliance with the applicable data protection legislation.
The processing of data serves to analyse this website and its visitors and for marketing and advertising purposes. Google will use this information on behalf of the operator of this website to evaluate your use of the website, to compile reports on website activity and to provide other services to the website operator relating to website and internet use. In this process the following information, inter alia, can be collected: IP address, date and time of the website access, click path, information on the browser and the device you are using, the pages visited, referrer URL (website via which you accessed our website), location data, purchasing activities. The IP address transmitted from your browser within the scope of Google Analytics is not associated with any other data held by Google. Google Analytics uses technology such as cookies, web storage in the browser, and tracking pixels which enable an analysis of your use of the website. The information generated by these regarding your use of this website is usually transferred to a Google server in the USA and stored there. IP anonymisation is activated on this website.
Google uses this to shorten your IP address beforehand within Member States of the European Union or in other signatories to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transferred to a Google server in the USA and shortened there.
In accordance with the US-EU Data Protection Agreement, Google has become subject to the "Privacy Shield" and is therefore obliged to observe European data protection laws.
The data processing, particularly the placing of cookies, is carried out on the basis of Article 6(1)(f) GDPR due to our overriding legitimate interest in the needs-based and targeted design of the website. On grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out in accordance with Article 6(1)(f) GDPR.
You can also prevent the collection of the data (including your IP address) generated by Google Analytics and related to your use of the website by Google as well as the processing of this data by Google by downloading and installing the browser plug-in available at the following link [https://tools.google.com/dlpage/gaoptout?hl=de]. To prevent the data collection and storage by Google Analytics across multiple devices you can place an opt-out cookie. Opt-out cookies prevent the future collection of your data when you visit this website. You need to implement the opt-out on all systems and devices that you are using, so that this works comprehensively. If you delete the opt-out cookie, requests will be transmitted to Google again. When you click here the opt-out cookie will be placed: Deactivate Google Analytics. You can find more detailed information on the terms and conditions of use and data protection at https://www.google.com/analytics/terms/de.html and/or at https://www.google.de/intl/de/policies/ and at https://policies.google.com/technologies/cookies?hl=de.
Use of Google AdSense
Our website uses the AdSense function by Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; "Google").
If you are ordinarily resident in the European Economic Area or Switzerland, Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) is the controller responsible for your data. Google Ireland Limited is therefore the company affiliated with Google responsible for processing your data and for compliance with the applicable data protection legislation.
The data processing serves the purpose of renting out advertising space on the website and using these to address visitors to the website with targeted, interest-related advertising.
This function displays personalised, interest-related adverts from the Google display network to visitors to the website. Google Analytics uses cookies, which make it possible to analyse your use of the website.
The information generated by the cookie regarding your use of this website is usually transferred to a Google server in the USA and stored there. Google may also transmit this data to third parties if this is required by law or the third party is processing the data on behalf of Google. On no account will Google associate your IP address with other Google data. In accordance with the US-EU Data Protection Agreement, Google has become subject to the "Privacy Shield" and is therefore obliged to observe European data protection laws.
The data processing, particularly the placing of cookies, is carried out on the basis of Article 6(1)(f) GDPR due to our overriding legitimate interest in addressing visitors to the website with targeted, interest-related advertising. On grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out in accordance with Article 6(1)(f) GDPR.
You can permanently deactivate the use of cookies by following the link below and downloading and installing the plug-in provided there: https://support.google.com/ads/answer/7395996?hl=de.
Alternatively, you can prevent the use of cookies by third parties by calling up the Network Advertising Initiative deactivation page at https://www.networkadvertising.org/choices/ and following the further opt-out instructions specified there.
You will find more information as well as Google’s data privacy policy at: https://www.google.com/policies/technologies/ads/ and https://www.google.de/policies/privacy/
Use of the ADCELL partner program
We use the "ADCELL" partner program of Firstlead GmbH (Rosenfelder Str. 15-16, 10315 Berlin; "ADCELL").
If you click on adverts with a partner link, ADCELL places a cookie on your computer for conversion tracking. These cookies ensure the correct billing for the partner program by recording the success of an advert. Cookies identify the fact that you have clicked on an advert and can track the origin of the order with the advertiser. ADCELL also uses tracking pixels. These enable information such as the number of visitors to the pages of the website to be analysed.
The information generated by the cookies and tracking pixels about the use of this website (including the IP address) and delivery of advertising formats is transferred to an ADCELL server and stored there. ADCELL can also identify that the partner link was clicked on this website. Under certain circumstances, ADCELL can pass on this (anonymised) information to its contractual partners, although data such as the IP address is never combined with other stored data.
The data processing, particularly the setting of cookies, is carried out on the basis of Article 6(1)(f) GDPR due to our overriding legitimate interest in measuring the success of partner advertising and thereby the correct billing of commissions as part of the partner program. On grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out in accordance with Article 6(1)(f) GDPR.
You can deactivate the tracking by ADCELL here: https://www.adcell.de/datenschutz. You then won’t be included in the conversion tracking statistics.
You can prevent the storage of cookies by choosing corresponding technical settings in your internet browser; we would, however, like to point out that this may prevent you from making full use of all the functions of this website.
Using the Amazon Partner Program
We use the "AmazonPartnerNet" partner program from Amazon EU S.a.r.l. (5 Rue Plaetis, L-2338 Luxembourg; "Amazon").
We have configured advertising on our website as links to offers on various Amazon websites. Amazon uses cookies. These cookies ensure the correct billing for the partner program. By using cookies Amazon can identify when you have clicked on an advertising link and can trace the origin of an order generated via the advertising link.
The data processing, particularly the setting of cookies, is carried out on the basis of Article 6(1)(f) GDPR due to our overriding legitimate interest in measuring the success of partner advertising and thereby the correct billing of commissions as part of the partner program. On grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out in accordance with Article 6(1)(f) GDPR.
You can prevent the storage of cookies by choosing corresponding technical settings in your internet browser; we would, however, like to point out that this may prevent you from making full use of all the functions of this website. You then won’t be included in the conversion tracking statistics.
The data privacy policy with detailed information on the use of the data by Amazon can be found at https://www.amazon.de/gp/help/customer/display.html/ref=footer_privacy?ie=UTF8&nodeId=3312401
Plug-ins
Use of Google reCAPTCHA
Our website uses the reCAPTCHA service by Google LLC (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA; “Google”).
Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland) is the data controller responsible for your data if you have your habitual residence in the European Economic Area or Switzerland. Google Ireland Limited is therefore the company affiliated with Google which is responsible for processing your data and for compliance with applicable data protection laws.
The request serves to distinguish whether the input was made by a human or automatic machine processing. For this purpose your input will be transmitted to Google and used by them further. In addition, the IP address and any other data required by Google for the reCAPTCHA service will be transferred to Google. This data will be processed by Google within the EU and potentially also in the USA. Transmission of data to the USA is covered by an adequacy decision by the European Commission, the “Privacy Shield”. Google participates in “Privacy Shield” and has submitted to its requirements.
Processing is carried out on the basis of Article 6(1)f) GDPR due to our legitimate interest in protecting our website from automated spying, misuse and SPAM. On grounds relating to your particular situation, you have the right to object at any time to this processing of personal data concerning you and carried out in accordance with Article 6(1)(f) GDPR.
Rights of persons affected and storage duration
Duration of storage
After contractual processing has been completed, the data is initially stored for the duration of the warranty period, then in accordance with the retention periods prescribed by law, especially tax and commercial law, and then deleted after the period has elapsed, unless you have agreed to further processing and use.
Rights of the affected person
If the legal requirements are fulfilled, you have the following rights according to art. 15 to 20 GDPR: Right to information, correction, deletion, restriction of processing, data portability. You also have a right of objection against processing based on art. 6 (1) GDPR, and to processing for the purposes of direct marketing, according to art. 21 (1) GDPR.
Contact us at any time. Our contact details can be found in our imprint.
Right to complain to the regulatory authority
You have the right to complain to the regulatory authority according to art. 77 GDPR if you believe that your data is not being processed legally.
Right to object
If the data processing outlined here is based on our legitimate interests in accordance with Article 6(1)f) GDPR, you have the right for reasons arising from your particular situation to object at any time to the processing of your data with future effect.
If the objection is successful, we will no longer process the personal data, unless we can demonstrate compelling legitimate grounds for the processing that outweigh your interests or rights and freedoms, or the processing is intended for the assertion, exercise or defence of legal claims.
If personal data is being processed for the purposes of direct advertising, you can object to this at any time by notifying us. If the objection is successful, we will no longer process the personal data for the purposes of direct advertising.
last update: 23.10.2019
