Legal Information
Terms and Conditions
Scope
- These Terms and Conditions apply to the use of this website and to the digital products and content offered through it by Nicolas Christopher Hasenack, trading as "Noted With Nick", Freiligrathstraße 107, 42289 Wuppertal, Germany, email: contact@notednick.com (hereinafter the "Provider").
- The offering is directed at both consumers and entrepreneurs unless expressly stated otherwise on the relevant product page.
- A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or profession.
- Any deviating, conflicting or supplementary terms and conditions of the customer will form part of the contract only if the Provider has expressly agreed to their validity.
Subject Matter of the Contract
- The Provider offers digital products, in particular Notion templates, digital templates, downloadable files, explanatory materials and comparable digital content.
- The specific description, functions and content of a product are set out on the relevant product page at the time of ordering.
- The digital products are intended to support organization, productivity and personal structuring. No specific financial, professional, health-related or other success is owed.
Purchase Processing via Lemon Squeezy
- Purchases of the digital products offered are technically and contractually processed through Lemon Squeezy.
- Lemon Squeezy generally acts as Merchant of Record. This means that Lemon Squeezy may, in particular, process payments, calculate and remit applicable taxes, issue invoices and process refunds.
- The purchase contract is concluded in accordance with the terms displayed during the Lemon Squeezy checkout process. Additional terms and privacy notices from Lemon Squeezy may apply.
- The Provider remains responsible for the content and contractual conformity of the digital product offered.
Conclusion of the Contract
- The presentation of products on this website does not constitute a legally binding offer, but an invitation to place an order.
- The customer submits a binding order by completing the checkout process via Lemon Squeezy and clicking the button that completes the order.
- The customer will be given the opportunity to identify and correct input errors before submitting the order.
- The contract is concluded when the order is confirmed or the digital product is made available, depending on which occurs first.
- The contract language is German.
Prices, Payment and Invoicing
- The prices displayed during checkout apply. Lemon Squeezy may show different currencies depending on the customer's location.
- Where applicable, taxes such as VAT are calculated and displayed as part of the Lemon Squeezy checkout process.
- The payment methods available during checkout are handled by Lemon Squeezy and its payment service providers.
- Invoices may be issued by Lemon Squeezy.
Provision of Digital Content
- After successful completion of the order and payment process, the digital product is usually provided immediately via a download link, access link or email.
- The customer is responsible for providing a functioning email address and, where applicable, for ensuring that technical requirements such as a suitable end device, internet connection, software or user account are met.
- Temporary delays caused by technical issues at Lemon Squeezy, payment service providers, hosting providers or other third parties are beyond the Provider's direct control.
- The customer is encouraged to back up downloaded files and access data after receiving them.
Rights of Use
- Unless otherwise stated on the product page, the customer receives a simple, non-exclusive, non-transferable right to use the purchased digital product for personal purposes.
- The right of use is generally granted for an unlimited period of time.
- The customer may use and adapt the product within their own workspace and for their own organization, provided that no independent new exploitation product is created from it.
- In particular, the following are not permitted without express prior consent:
- resale,
- redistribution,
- publication or making available to the public,
- sharing with third parties,
- use as the basis of a competing product or template offering,
- systematic duplication or provision in communities, databases, courses or marketplaces.
- Copyright, trademark and other notices may not be removed or altered.
- Further rights of use require a separate express agreement.
Support, Updates and Availability
- There is no entitlement to individual support unless this is expressly stated on the product page.
- The Provider may voluntarily provide updates, improvements or expansions. There is no general entitlement to future updates unless required by law.
- Third-party services, in particular Notion, Lemon Squeezy, hosting providers or email providers, may change, restrict or discontinue functions. The Provider has no influence over this.
Right of Withdrawal
- Consumers generally have a statutory right of withdrawal.
- Separate withdrawal instructions apply, which are provided on this website and/or during the checkout process.
- For digital content that is not supplied on a tangible medium, the right of withdrawal may expire before the withdrawal period ends if the customer has expressly agreed that performance of the contract may begin before the withdrawal period expires and has acknowledged that they lose their right of withdrawal once performance begins, provided the other statutory requirements are met.
- The applicable statutory provisions remain unaffected.
Refunds
- Refunds are provided in accordance with statutory requirements.
- In addition, Lemon Squeezy's technical or contractual processing rules may apply.
- The Provider may grant voluntary refunds or goodwill arrangements on a case-by-case basis. This does not establish any entitlement to future refunds.
- Mandatory rights, in particular withdrawal rights and warranty rights, remain unaffected.
Warranty
- The statutory warranty provisions apply.
- A material defect may exist in particular if the digital product does not have the agreed characteristics or cannot be used for the contractually intended purpose.
- Purely subjective dissatisfaction, different design expectations or failure to achieve a personal organizational goal do not constitute a defect if the product otherwise conforms to the contract.
- Before making a purchase, the customer should review the product description, preview images, compatibility information and technical requirements.
Liability
- The Provider has unlimited liability for intent and gross negligence, for injury to life, limb or health, under the German Product Liability Act and where a guarantee has been given.
- In cases of slight negligence, the Provider is liable only for breach of a material contractual obligation whose fulfillment is essential for proper performance of the contract and on whose observance the customer may regularly rely. In this case, liability is limited to the foreseeable damage typical for the contract.
- Liability is otherwise excluded to the extent permitted by law.
- The Provider is not liable for disruptions, outages or changes to third-party services outside the Provider's control.
- The customer is responsible for regularly backing up their own data.
Third-Party Providers and External Platforms
- Use of the products may require access to third-party services such as Notion.
- The terms of use and privacy policies of the respective third-party providers apply in addition.
- The Provider is not a contractual partner of these third-party services and does not guarantee their permanent availability or unchanged functionality.
Consumer Dispute Resolution
The Provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
Final Provisions
- The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only to the extent that it does not deprive them of the protection granted by mandatory provisions of the law of the country in which they have their habitual residence.
- If the customer is a merchant, a legal entity under public law or a special fund under public law, the Provider's registered office is the exclusive place of jurisdiction, to the extent permitted by law.
- Should individual provisions be or become invalid, the validity of the remaining provisions remains unaffected.