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Charteo’s Terms and Conditions

1. Scope

For the business relations between the Charteo GmbH, Lauterenstrasse 37, 55116 Mainz, Germany ( hereinafter referred to as "Charteo") and the user of the below in Paragraph 2 described products (the "Client") apply exclusively these Terms and Conditions (hereinafter "Terms ") of Charteo’s valid version at the point of the usage. The under www.charteo.de offered product of Charteo addresses itself only to entrepreneurs ("Merchants"), but not to consumers. Any terms and conditions of customers do not apply.

2. Products by Charteo

Charteo’s range of products include templates for PowerPoint presentations .ppt or .pptx formats and software as PowerPoint macros or add-ins. This product portfolio of templates for PowerPoint presentations include diagrams, graphics, backgrounds, maps, flags, icons as well as digital signage, together with other contained content (including text, images, banners, films, graphics, maps, layout, objects and animations). Below these templates for PowerPoint presentations and the contents will be described as "products". The details and the exact composition of these products are found in the respective specifications. Basic information for the customers to adjust and work with the products can be found in the so called "Tutorial" (a type of advice and support), which is provided to the customer free of charge. The products are provided only in the file type and file size, as described in the respective offer of Charteo, and only for direct download. The customer is not entitled to receive the products in a manner other than via download (eg by mail) or in a different form (eg in a different file format or on physical media such as CD-ROM). The products of Charteo are copyright protected by trademark and competition law. With the conclusion of the contract according to the following paragraph 3, the customer acknowledges the copyright and intellectual property rights of Charteo and the validity of these terms and conditions, in particular the duties and obligations of the customer pursuant to paragraph 5 and the limitations of rights to the products in accordance with paragraph 6.

3. Conclusion of Contract

The website of Charteo (www.charteo.de) and the offered products provide a bid to conclude a sales contract. When the customer places an order in the online shop of Charteo, Charteo sends an automatically generated email that confirms the receipt of the order and the separately listed details of the purchase (order confirmation). The contract between the customer and Charteo is formed when Charteo accepts the offer of the customer by Charteo providing the ordered product by sending a download link. Depending on the selected payment method (see also the instructions for payment processing) this order confirmation can arrive the same time as the above-mentioned order confirmation. In this case, the customer also receives a copy of these terms and conditions. The contract covers only the provision of these products for download and the granting of rights to use these products according to the license terms.

4. Compensation

The download and use of the products is subject to charge if an offer of Charteo is not specifically marked as free. Coupons will only be deducted from the price when the corresponding promotional code was entered during the order process in the provided field. The customer is not entitled to retrieve payment of the value of the coupon or the difference to the price of a product. Relevant to the payment the customer has to place are the specified prices valid at the time of the order on the Charteo web page. These are also listed in the invoice again the customer receives following the order confirmation. The compensation is in-fact designated due within the deadline given for payment. After that date, the customer is in default without need for any further notice. The products remain until full payment property of Charteo.
All products can be purchased with the shop-currency Credits or directly downloaded in the download-packages or flat-rate. Credit points are valid for unlimited time but can’t be transferred to other accounts. Disbursement of remaining credits or downloads of packages or flat-rate is not possible. On violations of the terms and conditions, Charteo reserves the right to block the account from further purchases or downloads.

5. Duties and Responsibilities of the Customer

The customer is responsible for correct and complete input of his data which is necessary for the completion of the purchase agreement and the use of the products. Changes to this data need to be made if possible immediately online by the customer otherwise Charteo needs to be notified by e-mail or in writing. The customer has to provide the technical requirements needed to run the offered download and to open, process and / or save the products. The expenses of Internet access and connection while using the Web in particular during the download of the products are borne by the customer. Passwords must not be disclosed to third parties and are protected against access by third parties. For safety reasons they should be modified in regular intervals. If there is reason to believe that an unauthorized person has gained knowledge of the password, the client must change it immediately.

Your customer account / address information:
All provided products on the website of charteo are subject to the licensing terms of charteo GmbH (see licenses). According to these provisions a valid address needs be provided to function as the license address. Wrong or missing information on company address, company name, email address or incorrect postal addresses will be understood as a violation of the Charteo license agreement. Repeated use of different e-mail addresses to benefit from free coupons, credits and templates is not allowed and will be seen as a violation of the license. A misdemeanor has the consequence of deletion of the licensed products and the account suspension.

Deletion of the customer account:
Caution: If the customer request the cancellation of a customer account all at Charteo acquired licenses will be forfeited. The customer is no longer authorized to use the purchased files because the usage license is assigned to his personal account. Furthermore reserves Charteo the right to block the account and thus deny access to previously purchased files at disagreements.

6. Usage Rights

The customer (and in accordance with § § 15 et seq with the customer affiliates) may use as part of the purchase by Charteo given license products # for their own (commercial) use, but not for the business purposes third parties. In the products contained content (such as images, etc.) should not be used outside of the products. Upon the full payment of the compensation the customer obtains the time and with global license also place unrestricted right to use, store, copy, replicate, print as well as edit the products and their contents and use the by the customer edited products to present and publish. The products may only be used for the customers own purposes (such as in accordance with the articles of incorporation by customers). The customer is also entitled to publish these products on his website using the logo of Charteo or other appropriate copyright references to Charteo and making them available as long as this file in a non-editable file (such as pixel graphics in a PDF). The publishing of a vector format prohibited. By the customer edited products must also contain conforming information. The customer is on the other hand (with the exception of the above regulations) not entitled to offer, sell or distribute the products (un-edited or modified version) or to pass them on and grant title to the rights to any third party. The customer is not allowed to edit, resell, rent or lease the products in particular for third parties and their business purpose. It is especially not allowed to use the products as part of an agency business for third parties.


Examples of legitimate and illegal transfer of products to third parties:
  1. Permitted is for example, the release of the products (original or modified version) to customers for their internal use as part of training. Not allowed is in this context, the simultaneous transmission of copyright § § 15 ff to the customers.

  2. It is also permitted to make a copy for backups on your hard drive or local network and to print handouts for use with your presentation.

  3. Not allowed is for example, the use of the products whether free or for a charge (original or modified version) with the simultaneous establishment of processing, reproduction and / or publication rights to third parties.

  4. Not allowed is for example the isolated use of the content included in the products(images, graphics and maps) outside of the products. This content may not be separated from the products and used for different purposes.

  5. It is also not allowed to make templates available on a website, portal or social network website for download. (Incl. groups, file sharing networks, Slideshare etc.) Any other use of the products is strictly prohibited and requires the prior written consent of Charteo. The customer is especially not allowed to offer the products on other websites, portals and social networks and provide them for download whether free or for a charge. The customer agrees to indemnify Charteo from all third party claims, arising out of the infringement of in these terms and conditions listed duties and / or other acts of the customer provided that such damages are not attributable Charteo. The Customer undertakes under exclusion of the objection to pay a contractual penalty for each breach of these terms and conditions of an immediately payable EUR 10,000. This penalty will be deducted from any damages of Charteo, the customer has the right to the evidence of lesser damage.

7. Revocation

The customer has no right to revoke as in accordance with § 312d (4) Nr. 1 BGB (German Civil Code) the provided services, products and templates are not suitable for restitution. In the case that the customer has not received the download link via email or for any other reason is not able to download the purchased services, products and templates then the customer needs to contact Charteo. In this case Charteo will resend the email free of charge.
Charteo GmbH, Lauterenstrasse 37, 55116 Mainz, Germany, E-Mail: info@charteo.com

8. Satisfaction and money back guarantee

Since we design, develop and implement our products in-house, we can "guarantee" for our products quality. If a product does not comply with the described properties or shows material defects, we shall revise the product in question immediately and provide you with the products reviewed and correct to the description. If you have any substantiated complaints that we can’t resolve, we will refund you your money back within the first three months after order. (Download packages and full shop access are excluded from any refunds or warranties.)
Faulty orders or differences in amounts will be credited to your customer account in form of store credit. All refund-amounts will be calculated with an additional redemption fee of 5.00 € for the transaction costs.

9. Warranty

Significant shortcomings in the products will be fixed by Charteo within a reasonable time (performance). This can happen at the according to choice of Charteo by removing the defect (supply) or by delivery of conforming goods. If a defect is significant the customer has -without prejudice to section 7 - the right to withdraw from the contract (withdrawal) or to reduce the remuneration (reduction). The exercise of the right of withdrawal by the customer assumes that the Customer has a reasonable time limit set for the repair of the deficiencies by Charteo and expressed within the deadline stated that he will withdraw the contract after the expiry of that time period. Such a qualified deadline is not required if subsequent performance fails because of the deficiency, it’s unacceptable, rejected by Charteo or if this is justified for other reasons in consideration of mutual interests. If there is an insignificant defect, the customer is not entitled to withdraw.

10. Liability Charteo

Charteo takes continuous effort in the completeness, accuracy, actuality of its products, but is not obligated to review the same. This refers in particular to the geographical and political correctness of the maps. The customer is not entitled to subsequent performance, if the products are no longer "current" for the contracted services is solely the creative design of the products. Charteo is only unlimited liable if a damage was caused by intent or gross negligence. Further-more Charteo is liable for the negligent breach of obligations, the violation of obligations that jeopardize the achievement of the purpose or for the violation of obligations to fulfill the regularity of the contract in the first place which the customer relies on. In this case Charteo is liable only for the predictable, typical damage. Charteo is not liable for the negligent infringement other than the obligations referred to in the preceding sentences. The above limitations do not apply in case of injury to life, limb and health, for a defect after a guarantee for the quality of products and fraudulent concealment of defects. Liability under the Product Liability Act remains unaffected.

11. Auxiliary conditions

If any provision of these Terms and Conditions should be or become invalid, this does not affect the effectiveness of the remaining provisions. The customer can transfer rights and obligations under the contract only with prior written consent of Charteo to third parties. The customer has the right to compensation only for uncontested or legally valid claims. The contractual relations of the parties, German law applies excluding the UN sales law. The exclusive jurisdiction for any arising disputes about contracts under the use of these terms and conditions is Mainz. Charteo reserves the right to initiate legal proceedings against the customer at his general jurisdiction.

12. Privacy

We take privacy very seriously. All customer data are saved and processed by charteo.com solely in accordance with the relevant data protection laws. In particular, personal data are being collected, saved, and used exclusively for the purpose of processing the order or with your explicit consent. Because of the particular case of the granted consent Charteo processes and uses your personal data (name, gender, address, including zip code) for marketing activities, the sending of emails with general information or advertising character (Newsletter). We do not store personal data longer than is absolutely required.

In case you would prefer your personal data not to be used, processed, and transmitted for marketing purposes, simply inform us by post, fax or email at info@charteo.com. Please be aware, however, that this does not apply to the data that are necessary to process your order. Upon receipt of your notice, we will only use, process and transmit your data in order to process the latter. In addition, your information will not be used for advertising actions.

We do not forward personal data to third parties except with regard to subcontractors of charteo.com that require the transfer of data to process the order. In these cases, however, the scope of the data transfer is restricted to the required minimum.

In addition, charteo.com uses cookies that are put into use beyond the session (“trans-session cookies”). These cookies are meant to make our offer user-friendlier, more effective, and even more targeted. These data files make it possible, for instance, for you to view information on our site that you are specifically interested in. The only purpose is to adapt our offer to the wishes of our customers and to make surfing as comfortable as possible.

This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. In case of activation of the IP anonymization, Google will truncate/anonymize the last octet of the IP address for Member States of the European Union as well as for other parties to the Agreement on the European Economic Area. Only in exceptional cases, the full IP address is sent to and shortened by Google servers in the USA. On behalf of the website provider Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage to the website provider. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to use the full functionality of this website. Furthermore you can prevent Google’s collection and use of data (cookies and IP address) by downloading and installing the browser plug-in available under www.tools.google.com.

Further information can be found under www.google.com (Google Analytics Terms of Service & Privacy). Please note that on this website, Google Analytics code is supplemented by “gat._anonymizeIp();” to ensure an anonymized collection of IP addresses (so called IP-masking).

Text from: www.datenschutzbeauftragter-info.de

Charteo’s Terms and Conditions download as PDF

Charteo GmbH

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