TERMS AND CONDITIONS
These Terms and Conditions govern the contractual relationship between the provider and the customer.
The provider offers digital content, such as eBooks, audiobooks and PDF documents, as well as software products for developers, in particular modules and extensions for web development frameworks.
In these Terms and throughout the website, “we”, “us” and “provider” refer to the sole proprietor Armin Kunkel.
The term “online shop” covers all ordering and payment processes provided by the provider, regardless of whether they are made available through the shop interface, landing pages or comparable online offers.
“Order” within the meaning of these Terms is the act by which the customer accepts the offer shown on the payment page by triggering payment.
“Order confirmation” is the first email sent after completion of the ordering process. It confirms conclusion of the contract and contains an overview of the ordered products.
“Provision email” is the second email sent after successful payment processing. It contains the access, download or licence information required for performance of the contract.
“Open-core” means the publicly accessible part of software that is provided under a free licence, in particular the MIT licence.
“Pro DevTools” means paid, licence-based additional functions of a software product, regardless of whether they are provided within a Solo, Pro or Agency subscription.
§ 1 General Information
Contact details and information about the provider can be found in the imprint. Information about the processing of personal data can be found in the privacy policy.
By placing an order, you confirm that you are of legal age and have legal capacity in the country of your habitual residence.
The products are provided exclusively in digital form. No physical goods are shipped.
Use of the offered products for unlawful purposes or in breach of contract is prohibited.
The version of these Terms and Conditions valid at the time the contract is concluded shall apply.
If the customer is a consumer, mandatory consumer protection rules of the state in which the customer has their habitual residence remain unaffected.
The provider reserves the right to refuse provision of services or to refund payments already made, in particular where incomplete or obviously incorrect information has been supplied.
The contract language depends on the language selected during the ordering process.
§ 2 Scope of Application
These Terms and Conditions apply to all contracts for the provision of digital content, such as PDFs, eBooks and audiobooks, as well as the licensing of software products, in particular developer tools and modules, through our online shop.
These Terms become part of the contract once you consent to them by ticking the relevant checkbox during the ordering process and completing the order.
Our offer is directed both at consumers within the meaning of section 13 BGB and at traders within the meaning of section 14 BGB.
For this language version, official English translations are linked where available. The German version of the statute remains legally authoritative. Where no official English translation is available, links point to the German statutory text.
A “consumer” is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.
A “trader” is a natural or legal person or a partnership with legal capacity who acts in the exercise of their trade, business or profession when entering into a legal transaction.
Any conflicting terms of the customer do not become part of the contract unless the provider expressly agrees to their applicability.
Unless otherwise agreed, the German version of these Terms shall prevail in case of doubt.
§ 3 Conclusion of Contract
The basis of the contract is formed by the order data displayed on the payment page of the payment service provider, in particular the product, price and scope of services, together with these Terms and Conditions.
By placing the order, you accept the offer displayed on the payment page. The contract is thereby concluded. For consumers, this is a distance contract within the meaning of section 312c BGB.
After placing the order, you will receive an order confirmation by email.
Digital content will only be made available, and access to licence-based software functions will only be granted, after payment has been received and after the information required for contract processing has been provided, namely the tax country for B2C transactions and the billing address and VAT identification number for B2B transactions.
For consumers, the right of withdrawal exists until performance of the contract begins. Performance begins when digital content is made available or access to licence-based functions is granted.
Before placing the order, consumers may have to expressly confirm that performance may begin before expiry of the withdrawal period and that they are aware that their right of withdrawal expires when performance begins.
§ 4 Payment Processing
Payment Methods
Payment is made using the payment methods offered on the payment page. These may include, in particular, credit and debit cards, SEPA direct debit and other locally available payment methods. The payment methods actually available may vary by country.
Payment Service Providers
Payment processing is handled by external payment service providers, in particular Stripe. As part of the ordering process, you will be redirected to the payment page of the respective payment service provider, where you complete the payment.
Payment processing is carried out exclusively by the respective payment service provider. No payment processing is performed directly on this website.
After the order, you will receive an order confirmation by email. Provision of the product then takes place in accordance with these Terms, by providing a download link or access to licensed software components.
If you act as a trader, you may provide relevant information during the ordering process, such as your VAT identification number.
You are obliged to provide complete and truthful information during the ordering process. Any changes to your data must be notified without undue delay if they are relevant to contract processing.
§ 5 Digital Content
Digital content within the meaning of these Terms includes:
- eBooks, meaning digital books in electronic formats, in particular EPUB
- audiobooks, meaning digital spoken books, in particular MP3
- PDF documents, such as guides, manuals and working materials
- software products, in particular developer tools, modules and extensions for web development frameworks
- digital access to software functions, repositories or web-based applications, for example under subscriptions
Provision of Digital Content
Digital content is provided exclusively in electronic form. No physical products are shipped.
The ordering process takes place via the online shop and the payment page of the payment service provider. In the shopping basket you select the desired product and the contract currency. The contract language depends on the interface language chosen during the ordering process.
A summary of the order is displayed on the payment page. There you confirm the applicability of these Terms, acknowledge the expiry of the right of withdrawal in the event of immediate performance and trigger payment.
Time of Provision
After completion of the ordering process, you will first receive the order confirmation by email.
Digital content is only provided after successful receipt of payment and completion of payment processing. After successful payment you will receive the provision email.
The provision email contains the necessary access or download links and, where applicable, further information on using the product, such as installation instructions or licence keys.
Download and Access
Digital content is generally provided by means of a personalised download link or access to protected areas, such as repositories or software accounts.
You are responsible for downloading the provided content within a reasonable period and storing it securely.
Suitable end devices and software may be required in order to use the content:
- PDF files can usually be opened with a web browser or PDF reader.
- eBooks in EPUB format require a compatible eBook reader or corresponding software.
- Audiobooks in MP3 format can be played using common audio players.
- Software products require a suitable technical environment in accordance with the respective product description.
The digital content is checked to the best of our knowledge for malware, such as viruses, worms or trojans, before provision. However, complete freedom from malware cannot be guaranteed.
Performance of the contract begins when the digital content is provided or when access to digital functions is granted.
Rights of Use in Digital Content
Upon purchase of digital content, the customer receives a simple, non-exclusive and non-transferable right to use the content for their own purposes.
Use is permitted exclusively for personal use unless something else has been expressly agreed.
In particular, the following is not permitted:
- reproducing the content or making it publicly available
- passing it on to third parties or distributing it
- using it commercially or reselling it
The statutory limitations of copyright remain unaffected.
The purchaser or user does not acquire ownership rights in the digital content or the software contained therein, but only the rights of use described above. All other rights remain with the provider.
The content may be downloaded to an unlimited number of end devices. For traders, this applies per employee. If a PDF or eBook is to be made accessible to multiple employees, the number of employees must be entered as the quantity in the purchase process. Digital content may also be stored in a non-public cloud or internal system, provided that only authorised persons corresponding to the purchased quantity have access.
Restrictions
Any commercial distribution, in particular resale, trading or reproduction of the content, is permitted only with express written permission and requires a separate licence agreement.
The content may not be used in any way that violates applicable law, the rights of third parties or these Terms. In particular, use in discriminatory, insulting or otherwise unlawful contexts is prohibited.
All content created by us, including texts, graphics, designs and digital products, is, as far as legally possible, protected by copyright. This also applies to content created using AI-assisted tools and then edited, selected or placed in a design context by us.
If content is incorporated on the basis of third-party licences, such as stock photos or Freepik Pro, the rights of use are governed by the respective licence terms.
Business Purposes
Use of the content for business purposes is permitted, provided that the content is not reproduced or passed on to third parties. In particular, use is permitted for providing one’s own services or improving one’s own products. Passing the content on to customers or other third parties without a separate licence remains prohibited.
§ 6 Software Licences and Developer Products
Subject Matter of the Licence
In addition to digital content, we offer software products for developers, in particular extensions and modules for web development frameworks, such as Nuxt modules. These software products are not sold; they are provided for use under a time-limited licence.
The software may consist of a freely accessible open-core part and additional licence-based components. Extended functions, in particular Pro DevTools, are made available only while a commercial licence is active.
Scope of the Licence
By purchasing a licence, the customer receives a simple, non-exclusive and non-transferable right to use the licence-based software components within the agreed scope of use.
Use is permitted only in connection with the licensee’s own development projects or projects of the licensee’s clients.
The licence permits in particular:
- use of the software within the customer’s own development environments
- integration of the software into the customer’s own projects
- use within projects for clients
Access to updates, new versions and extensions of the licence-based software is limited to the duration of an active licence.
Passing the licence-based software on to third parties, in particular by publication, resale, rental or sublicensing, is not permitted.
Use in Projects
A project is an independent publicly accessible or internally used application, website or code base with its own functionality and its own deployment.
Depending on the selected plan, use of the software may be limited to a certain number of projects.
The customer is entitled to use the software within the number of projects provided for in the selected plan.
Use is limited to the licensee and, where applicable within the selected plan, to the licensee’s team.
Technical Licence Verification
Technical measures may be used to enforce the licence terms, such as licence keys or automated licence checks.
These measures serve solely to determine whether a valid licence exists for use of the extended functions.
After a licence has expired, access to licence-based functions may be restricted or deactivated. The open-core part of the software remains unaffected.
The customer is not entitled to bypass, manipulate or disable technical protection measures or licence checks.
Term
Software licences may be purchased with either a monthly or annual term.
The term begins when performance of the contract starts, namely when the licence is provided after successful receipt of payment and when the provision email has been received.
Automatic Renewal
Unless stated otherwise, the licence renews automatically for the selected term, monthly or annually, unless cancelled in due time.
Renewal takes place at the prices valid at the time of renewal.
Termination
The customer may cancel the licence at any time with effect from the end of the current term.
For monthly licences, cancellation becomes effective at the end of the current month.
For annual licences, cancellation becomes effective at the end of the respective annual term.
After expiry of the licence, access to licence-based functions ends automatically.
A pro-rata refund of fees already paid in the event of early termination is excluded.
Consequences of Termination
After a licence has expired, the software may continue to be used to the extent made available by freely accessible components or open-core components.
Licence-based functions are available only during an active licence term.
§ 7 Invoicing
If you are a trader purchasing from the EEA and require an invoice applying the reverse charge procedure (section 13b para. 1 UStG), identify the purchase as a business purchase and provide your VAT identification number.
Invoices are transmitted electronically only, as PDF invoices and, for traders, additionally as electronic invoices. An electronic invoice for traders is issued from an amount of EUR 250. At present, each product can only be purchased individually in the shop. If you are a trader and would like a bundled invoice for several purchases, please contact us via the imprint.
§ 8 Right of Withdrawal
Consumers generally have a right of withdrawal in accordance with section 312g BGB.
The withdrawal period is fourteen days from the date the contract is concluded.
To exercise your right of withdrawal, you must inform us, see the contact details in the imprint, by means of a clear declaration, for example by email, of your decision to withdraw.
Consequences of Withdrawal
If you withdraw from this contract, we will reimburse all payments without undue delay and no later than 14 days after receiving your notice of withdrawal.
For the reimbursement we will use the same means of payment that you used for the original transaction.
Expiry of the Right of Withdrawal for Digital Content
The right of withdrawal for contracts concerning the supply of digital content not supplied on a tangible medium expires in accordance with section 356 para. 5 BGB if:
- the trader has begun performing the contract,
- the consumer has expressly agreed that performance of the contract may begin before the withdrawal period expires, and
- the consumer has confirmed their knowledge that, by giving this consent, they lose their right of withdrawal when performance begins.
Performance of the contract begins when the digital content is made available or when access to digital functions is granted by means of the provision email.
Traders
Traders do not have a right of withdrawal.
§ 9 Warranty and Liability
Warranty
Consumers are entitled to the statutory warranty rights. Digital products must conform to the agreed characteristics at the time the contract is concluded and must be suitable for ordinary use.
If digital content or a digital product is defective, the customer is entitled, in particular, to subsequent performance within the framework of the statutory rules. To determine whether a technical defect in the product exists, it may be necessary to test the display or use with at least two different programs or devices.
During the statutory warranty period, we will provide updates that are necessary to preserve conformity of the digital product where such updates are required.
Limitation of Liability
We are fully liable for intent and gross negligence. In the event of a breach of essential contractual obligations, meaning obligations whose fulfilment is indispensable for the proper performance of the contract and on whose observance the contractual partner may regularly rely, we are also liable for slight negligence. In this case, however, our liability is limited to the foreseeable damage typical for the contract at the time the contract was concluded.
Any further liability for damages, regardless of the legal basis, is excluded to the extent permitted by law. Mandatory liability under product liability law and in cases of injury to life, body or health remains unaffected.
§ 10 Final Provisions
Applicable Law
All disputes arising in connection with these Terms are governed by the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). This also applies to orders placed from abroad.
The terms and conditions of the respective payment service provider, in particular Stripe, apply additionally to payment processing. These terms concern only the payment services provided there.
Jurisdiction
If the purchaser is a merchant, a legal person under public law or a special fund under public law, the exclusive place of jurisdiction is our registered office. For consumers, the statutory place of jurisdiction applies.
Changes to the Terms
We reserve the right to amend these Terms at any time where this is necessary to adapt to legal, technical or business changes. You will be informed in advance of the amended terms. They are deemed accepted if you do not object to them in writing within 14 days.
Special Features of Digital Products
The buyer is responsible for ensuring the technical requirements for downloading, using and displaying the digital products. If a malfunction is caused solely by the technical environment used by the buyer or by unsupported software, the product is not defective.
Software products are developer tools. No warranty is given for uninterrupted availability, freedom from errors or permanent compatibility with third-party software or frameworks.
§ 11 Severability Clause
If individual provisions of these Terms are or become invalid or unenforceable, the validity of the remaining provisions remains unaffected. The invalid or unenforceable provision shall be replaced by the valid and enforceable provision whose effect comes closest to the purpose pursued by the invalid or unenforceable provision.