Terms of service
Overview
These General Terms and Conditions apply to all contracts between Materialpony and customers who purchase digital content through the online store.
Materialpony operates an online store for digital products, specifically downloadable files. The following Rules govern the use of the online store as well as the conclusion and fulfillment of contracts for the purchase of digital content.
By placing an order, you agree to these General Terms and Conditions and the Privacy Policy.
The online store is technically hosted on the Shopify e-commerce platform. Materialpony is the sole contractual partner of customers.
§ 1 Use of the Online Store
(1) Materialpony’s online store is intended for adult consumers and business customers.
(2) Use of the online store and the purchase of digital content require that the information provided during the order process be complete and accurate.
(3) A customer account is not required to purchase the digital content offered. Purchases may also be made as a guest.
§ 2 Digital Products
(1) Materialpony offers exclusively digital content in the form of downloadable files.
(2) The description of the digital content is provided to the best of our knowledge and belief. The respective product description at the time the contract is concluded is decisive for the content of the contract.
(3) Materialpony reserves the right to update or modify digital content prior to the conclusion of the contract, provided this is reasonable for the customer.
§ 3 Conclusion of the Contract
(1) The presentation of digital content in the online store does not constitute a legally binding offer, but rather an invitation to place an order.
(2) The contract is concluded as soon as the customer has completed the ordering process and payment has been successfully processed.
(3) After completing the order, the customer will receive an order confirmation via email.
(4) Cancellations after the order has been placed are not permitted, unless otherwise required by law.
§ 4 Prices and Payment
(1) All prices listed in the online store are final prices and include the applicable sales tax.
(2) No shipping costs apply, as only digital content is offered.
(3) Payment is due immediately upon conclusion of the contract.
(4) The payment methods displayed in the online store are available to the customer.
§ 5 Provision of Digital Content
(1) Materialpony offers exclusively digital content in the form of downloadable files.
(2) The digital content is made available immediately after the order process has been successfully completed and payment has been received.
(3) The digital content is made available to the customer either
- via a download link or
- sent by email to the email address provided during the ordering process.
(4) The customer has sole responsibility for ensuring that the technical requirements necessary for downloading and using the digital content are met (e.g., suitable software for opening PDF files).
(5) Digital content will not be shipped on a physical data carrier.
§ 6 Intellectual Property and Rights of Use
(1) All digital content offered in the Materialpony online store, in particular texts, graphics, illustrations, layouts, work materials, and files, is protected by copyright. Copyright remains entirely with Materialpony.
(2) Upon purchasing a digital product, the purchaser receives a B simpleB , non-transferable right of use to the respective digital content.
(3) Use of the digital content is permitted exclusively by the purchaser and is limited to
• private use, as well as
• use within the scope of the purchaser’s own educational or Equine Educator activities, particularly in theory classes, courses, individual instruction, or group work.
(4) The transfer of the digital content or copies made thereof to third parties is prohibited. This applies regardless of whether the transfer takes place in digital, printed, or any other form.
(5) The following are specifically prohibited:
• the resale of the digital content,
• making the content publicly available or publishing it, particularly on websites, platforms, or social media,
• reproducing the content for distribution to third parties,
• editing, modifying, or using the content or graphics to create one’s own commercial products.
(6) The granting of further rights of use requires an express written agreement with Materialpony.
(7) Violations of these rights of use constitute copyright infringement and may be subject to civil and criminal prosecution.
§ 7 Shopify Technical Platform
Materialpony’s online store is operated via the Shopify e-commerce platform. Shopify merely provides the technical infrastructure.
Materialpony is the sole contractual partner of the customers. Shopify is not a party to the contracts concluded between Materialpony and the customers and assumes no responsibility for the digital content offered.
§ 8 Data Protection
The processing of personal data is carried out in accordance with applicable data protection regulations.
Further information on the nature, scope, and purpose of the processing of personal data can be found in the Privacy Policy, which is available in the online store.
§ 9 Incorrect Information
Despite careful review, errors in the presentation of digital content or in price information cannot be completely ruled out.
The information displayed in the online store at the time the contract is concluded is decisive for the content of the contract.
§ 10 Prohibited Use
The use of the digital content and the online store is permitted exclusively within the framework of applicable laws and these General Terms and Conditions.
In particular, it is prohibited to reproduce, distribute, or make publicly available the content offered in a manner contrary to the granted rights of use.
§ 11 Warranty
Statutory warranty rights apply.
The digital content is intended for educational purposes and does not constitute individual advice. No specific Learning Success or effect is guaranteed.
§ 12 Liability
Materialpony bears unlimited liability for damages resulting from injury to life, limb, or health, as well as in cases of willful misconduct and gross negligence.
In the event of a breach of material contractual obligations due to slight negligence, liability is limited to foreseeable damages typical for this type of contract.
In all other respects, liability is excluded.
§ 13 Severability Clause
Should any provision of these General Terms and Conditions be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.
§ 14 Final Provisions
Should Materialpony fail to exercise a right under these General Terms and Conditions, this shall not constitute a waiver of that right.
These General Terms and Conditions form the basis for the contractual relationship between Materialpony and its customers.
§ 15 Governing Law
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
Mandatory consumer protection provisions of the country in which the consumer has their habitual residence remain unaffected.
§ 16 Headings
The headings in these General Terms and Conditions are for clarity only and have no legal significance.
§ 17 Amendments to the General Terms and Conditions
Materialpony reserves the right to amend these General Terms and Conditions provided there is an objective reason for doing so and the amendments are reasonable for customers.
For contracts already concluded, only the General Terms and Conditions valid at the time the contract was concluded shall apply.
§ 18 Changes to the General Terms and Conditions
Materialpony reserves the right to amend these General Terms and Conditions provided there is a valid reason for doing so and the changes are reasonable for customers.
For contracts already concluded, only the General Terms and Conditions valid at the time the contract was concluded shall apply.