General Terms and Conditions
for the online shop located at the URL
https://www.mockupselection.com/
operated by
Mockup Selection
Westendstraße 147
80339 Munich
Email: info@mockupselection.com
Phone number: +49 (0)89 244 1877 00
– hereinafter referred to as the “Provider” –
1. Scope
These General Terms and Conditions (GTC) apply, upon their inclusion, to all contracts for the purchase of digital goods / Mockups (hereinafter “Goods”) in the online shop located at the above-mentioned URL in their version valid at the time of contract conclusion. These GTC apply exclusively. Deviating terms and conditions of the customer do not become part of the contract unless expressly accepted by the Provider.
2. Conclusion of Contract
2.1 The offers in the online shop constitute a non-binding invitation by the Provider to visitors of the online shop to submit an offer for the purchase of the Goods offered in the shop.
2.2 The order for the Goods is made through the online order form of the Provider. After selecting the desired Goods, entering all required information, and completing all other mandatory steps in the ordering process, the selected Goods can be ordered by clicking the order button at the end of the checkout page (Order). By placing the Order, the customer submits a binding contract offer to purchase the selected Goods. The contract is concluded when the Provider accepts the customer’s offer. Acceptance occurs when the Provider confirms the contract in writing or in text form (e.g., by email) (Order Confirmation) and sends this Order Confirmation to the customer or by delivering the ordered Goods and sending these Goods to the customer or by requesting payment from the customer (e.g., invoice or credit card payment in the ordering process) and sending the payment request to the customer. The time of contract conclusion is determined by the first occurrence of one of the alternatives mentioned in the first half-sentence.
2.3 Before the customer submits a binding order through the Provider’s online order form, the customer can review their entries and make corrections at any time using the usual keyboard, mouse, touch, or other available input functions. In addition, all entries are displayed again in a confirmation window before the binding order is placed and can also be corrected there using the usual keyboard, mouse, touch, or other available input functions.
2.4 After the conclusion of the contract, the Provider will store the text of the contract and transmit it to the customer in text form (e.g., by email). The Provider will not provide further access to the contract text. If the purchase is made through a customer account in the online shop, the customer can view their orders and the associated order data there.
2.5 The following languages are available for the conclusion of the contract: English
3. Right of Withdrawal for Consumers
Consumers generally have a right of withdrawal for contracts concluded outside of business premises and for distance contracts. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly not attributable to their commercial or self-employed professional activity. Details can be found in the withdrawal instruction, which is made available to every consumer no later than immediately before the conclusion of the contract.
4. Payment, Default
4.1 The prices listed in the online shop at the time of the order apply. All prices include the statutory value-added tax and, if applicable, the shipping costs listed. The available payment options are provided to the customer in the Provider’s online shop.
4.2 If “SEPA direct debit” is agreed, payment is due immediately after the conclusion of the contract. Before debiting the purchase price, the customer will be informed about when to expect the debit of the agreed purchase price (Pre-Notification). The direct debit will not be made before the Pre-Notification is received and not before the deadline specified in the Pre-Notification. If the direct debit fails due to insufficient funds in the account, incorrect bank details, or other reasons attributable to the customer, the customer shall bear any resulting chargeback fees, provided that the failure of the direct debit is the customer’s fault.
4.3 If payment by credit card or debit card is agreed, the purchase price is due immediately after the conclusion of the contract.
4.4 If payment via “PayPal” is agreed, the purchase price is due immediately after the conclusion of the contract. Payment processing is handled by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.
4.5 If “Sofortüberweisung” is agreed, the purchase price is due immediately after the conclusion of the contract. Payment processing is handled by Sofort GmbH, Theresienhöhe 12, 80339 Munich.
4.6 If Giropay is agreed, the purchase price is due immediately after the conclusion of the contract. Payment processing is handled by paydirekt GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main.
5. Retention of Title
The purchased Goods remain the property of the Provider until full payment of the purchase price.
6. Delivery and Reservation of Self-Delivery
6.1 Unless otherwise agreed, delivery will be made within the delivery time specified in the online shop to the delivery address provided by the customer. The applicable delivery times can be found in the online shop.
6.2 Self-collection of the purchased Goods is excluded.
6.3 If the Provider is unable to deliver the ordered Goods because it was not supplied without any fault on the Provider’s part, even though the Provider had previously concluded a congruent cover transaction with a reliable supplier, the Provider will be released from its obligation to perform and may withdraw from the contract. The Provider is obligated to promptly inform the customer of the impossibility of performance. Any consideration already provided by the contracting party will be refunded promptly. This provision does not affect any mandatory consumer rights.
7. Warranty
The statutory provisions regarding warranty apply.
8. Liability
8.1 The Provider is liable without limitation:
- for damages resulting from the violation of life, body, or health based on an intentional or negligent breach of duty by the Provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the Provider;
- for damages resulting from an intentional or grossly negligent breach of duty by the Provider or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the Provider;
- due to a guarantee promise, unless otherwise agreed;
- due to mandatory liability (e.g., under the Product Liability Act).
8.2 In the event of negligent violation of essential contractual obligations by the Provider, its liability is limited to the typical, foreseeable damage if not unlimited according to the preceding paragraph. Essential contractual obligations are obligations that the contract imposes on the Provider according to its content in order to achieve the purpose of the contract, whose fulfillment is essential for the proper execution of the contract, and on whose compliance the customer regularly relies.
8.3 Otherwise, liability of the Provider and the liability of its vicarious agents and legal representatives are excluded.
9. Data Protection
The Provider treats the personal data of its customers confidentially and in accordance with the legal data protection regulations. Further information can be found in the Provider’s privacy policy.
10. Final Provisions
10.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods, to the extent that this choice of law does not result in the customer being deprived of mandatory statutory provisions of the law of their country of habitual residence.
10.2 If the customer is a merchant, a legal entity under public law, or a special fund under public law, the court at the registered office of the Provider has jurisdiction, unless an exclusive place of jurisdiction is established for the dispute. This also applies if the customer has no place of jurisdiction within the European Union. The registered office of our company can be found in the heading of these GTC.
10.3 In the event that any provision of this contract is invalid or unenforceable, the remaining provisions of this contract shall remain unaffected.
11. Information on Online Dispute Resolution / Consumer Dispute Resolution
The European Commission provides a platform for online dispute resolution (ODR) which can be accessed at the following link: https://ec.europa.eu/consumers/odr. The Provider is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board. You can find our email address in the heading of these GTC.
12. Licensing agreement
12.1 Here are the highlights of our license to which are worth paying attention to.
You can use our products in your/your client’s personal and commercial projects, but resale and distribution of the final product/source files is prohibited by our license:
– you should not include our graphic resources as an additional attachment for any resalable web applications or software programs;
– you can’t to distribute our works, sharing links to source files;
– you can’t imitate the work principles of our products.
Examples of prohibited use:
-creating a pattern generator based on our patterns/mesh gradients;
-modify illustrations and resell it;
-using our designs to generate code based on it and then sell it as your product;
-sell your template/framework theme with the source files of our mockups/illustrations as a gift.
By purchasing resource (“item” or “file”) you are being granted a license to use these files for specific uses under certain conditions. Ownership remains with Mockup Selection. You must comply with the our license terms.
Mockup Selection uses images and names of third party products. Intellectual property rights in relation to those products (including registered trademarks) belong to their respective owners. We are not affiliated or associated with, or authorised or endorsed by, the owners of the products.
By accessing these assets, you agree to obtain all necessary permissions from the underlying rights holders and/or adhere to any applicable brand use guidelines before using them. Mockup Selection disclaims all express or implied warranties with respect to these assets, including non-infringement of intellectual property rights.
12.2 Rights
You have right to use our resources royalty free for your / your client’s personal and commercial projects.
You may modify the resources according to your requirements and use them royalty free in your/your client’s personal and commercial projects. For example, you might include this resource in a website that you are developing for a client.
Mockup Selection will not be responsible for any outcome that may occur during the course of usage of our resources. We reserve the rights to change prices and revise the resources usage policy in any moment.
12.3 Prohibitions
You do not have the rights to redistribute, resell, lease, license, sub-license or offer the file downloaded to any third party. For any resalable web applications or software programs, you should not include our graphic resources as an additional attachment. This will be considered distribution and therefore prohibited by our license.