§ 1 Applicability, Definitions

(1) MOKAPS represented by Mykhaylo Novokhatko, Albrecht-Dürer-Straße 15, 81543 Munich, Germany (hereinafter: “we” or “MOKAPS”) operates an online shop for Digital Goods under the website https://mokaps.com. The following general terms and conditions apply to all services between us and our customers (hereinafter: “customer” or “you”) in their version valid at the time of the order, unless something else has been expressly agreed upon.

(2) “Consumer” within the meaning of these terms and conditions is any natural person concluding a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An “entrepreneur” is a natural or legal person or a legal partnership acting in the exercise of their commercial or independent professional activity, whereby a legal partnership is a partnership endowed with the capacity to acquire rights and incur liabilities.

§ 2 Formation of Contracts, Storage of Contract Text

(1) The following regulations regarding the conclusion of contracts apply to orders through our online shop at https://mokaps.com.

(2) Our product representations on the Internet are non-binding and not a binding offer to conclude a contract.

(3) Upon receipt of an order in our online shop, the following regulations apply: The customer submits a binding contract offer by successfully completing the order process provided in our online shop. The order is made in the following steps:

1. Selection of digital goods,
2. Adding products by clicking the corresponding buttons (e.g., “Add to Cart,” “Add to Bag,” or similar),
3. Reviewing the information in the shopping cart,
4. Accessing the order overview by clicking the corresponding buttons (e.g., “Proceed to Checkout,” “Continue to Payment,” “Go to Order Overview,” or similar),
5. Entering/reviewing address and contact details, selecting the payment method, confirming the terms and conditions, and cancellation policy,
6. If the agreed quality of the goods deviates from their usual quality and conditions of use, confirming a negative quality agreement,
7. Completing the order by clicking the “Buy Now” button. This constitutes your binding order.

The contract is concluded when you receive an order confirmation from us within three working days at the provided email address.

(4) In the event of contract formation, the contract is concluded with MOKAPS, represented by Mykhaylo Novokhatko, Albrecht-Dürer-Straße 15, 81543 Munich, Germany.

(5) Before placing the order, the contract data can be printed out or electronically saved using the browser’s print function. The processing of the order and the transmission of all necessary information related to the conclusion of the contract, especially order data, terms and conditions, and the cancellation policy, are carried out by email after triggering the order by you, partially automated. We do not store the text of the contract after the contract is concluded.

(6) Input errors can be corrected using the usual keyboard, mouse, and browser functions (e.g., the browser’s “Back” button). They can also be corrected by prematurely terminating the order process, closing the browser window, and repeating the process.

(7) The processing of the order and the transmission of all necessary information related to the conclusion of the contract are carried out by email, partially automated. Therefore, you must ensure that the email address you provided to us is correct, that the receipt of emails is technically ensured, and in particular not prevented by SPAM filters.

§ 3 Object of the Contract and Essential Characteristics of the Products

(1) The object of the contract in our online shop is:

The sale of digital goods, e.g., software or media downloads. You can find the specifically offered digital goods on our product pages.

(2) The essential characteristics of the digital goods can be found in the product description. If the agreed quality of the goods deviates from their usual quality and conditions of use, this is expressly indicated in the product description (negative quality agreement). If the customer has given their express consent to the deviation in quality, this defines the object of the contract.

(3) For the sale of digital products, the license agreements visible on the website (https://mokaps.com/licenses/) apply in addition to any restrictions evident from the product description or arising from the circumstances, especially regarding hardware and/or software requirements in the target environment. Unless expressly agreed otherwise, the object of the contract is solely the private and commercial use of the products without the right to resale or sublicense.

§ 4 Prices, Shipping Costs, and Delivery

(1) The prices stated in the respective offers, as well as the shipping costs, are total prices and include all price components, including all applicable taxes.

(2) The respective purchase price is to be paid before the delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly labeled button in the online shop or in the respective offer. Unless otherwise stated for individual payment methods, the payment claims are due for immediate payment.

(3) In addition to the stated prices, shipping costs may be incurred for the delivery of products unless the respective item is indicated as free of shipping costs. The shipping costs will be clearly communicated to you in the offers, if applicable, in the shopping cart system, and on the order overview.

(4) All offered products are, unless otherwise clearly stated in the product description, ready for dispatch immediately.

(5) Delivery is worldwide.

§ 5 Right of Retention

(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.

§ 6 Right of Withdrawal

As a consumer, you have a right of withdrawal. This is governed by our withdrawal policy.

§ 7 Contract Language

English is exclusively available as the contract language.

§ 8 Liability

(1) Subject to the exceptions stated below, our liability for breaches of contractual

obligations and for tortious acts is limited to intent or gross negligence.

(2) We are liable without limitation in cases of slight negligence in the event of injury to life, body, or health, or in the event of a breach of essential contractual obligations. If we are in default with the performance, if the performance has become impossible, or if we have violated an essential contractual obligation, liability for resulting material and financial damages is limited to the typically foreseeable damage. An essential contractual obligation is one whose fulfillment is essential for the proper execution of the contract, the breach of which endangers the achievement of the purpose of the contract, and on whose compliance you can regularly rely. This includes, in particular, our obligation to act and to fulfill the contractually owed service described in § 3.

(3) If the customer, when purchasing a product with digital elements or when purchasing digital products (digital content and services), fails to install an update provided to them and for which they have been informed about its availability within a reasonable period, we shall not be liable for a defect solely attributable to the absence of this update.

§ 9 Warranty

(1) The warranty is based on the statutory provisions.

(2) The warranty period for delivered goods is 12 months for entrepreneurs.

(3) As a consumer, you are requested to check the item/digital goods or the service provided for completeness, obvious defects, and transport damage immediately upon fulfillment of the contract and to notify us and the carrier of any complaints as soon as possible. Failure to do so will not affect your statutory warranty claims.

§ 10 Final Provisions/Dispute Resolution

(1) German law applies. For consumers, this choice of law only applies insofar as it does not deprive the consumer of the protection granted by mandatory provisions of the law of the country of their habitual residence (principle of favorability).

(2) The provisions of the UN Sales Convention expressly do not apply.

(3) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider’s place of business.

The european commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.