1. Scope of Application
1.1 These Terms & Conditions apply to all contracts concluded between
Christian Winkler,
trading under the business name “Arclane”,
Wildenfelser Straße 15,
81249 Munich, Germany,
Email: partner@arclane.co
– hereinafter referred to as “Arclane”, “we” or “us” –
and customers who purchase or use our digital products and services via www.arclane.co.
1.2 These Terms & Conditions apply to both consumers within the meaning of Section 13 of the German Civil Code (BGB) and entrepreneurs within the meaning of Section 14 BGB, unless expressly stated otherwise.
1.3 Separate provisions in Section 14 apply exclusively to entrepreneurs.
2. Subject Matter of the Contract
2.1 Arclane exclusively provides digital content and digital services, including but not limited to downloads, e-books, online courses, learning platforms, toolkits, and comparable digital products.
2.2 No physical goods are sold or delivered.
2.3 Unless expressly stated otherwise, digital products are offered as one-time purchases. Access to purchased digital products is generally granted for an indefinite period, even if a product is later discontinued or no longer offered for sale.
2.4 Arclane may, for legitimate reasons (in particular security concerns, legal obligations, protection of intellectual property rights, or discontinuation of technical systems), restrict or modify access to the extent necessary. Where reasonably possible, an appropriate alternative method of access will be provided.
3. Formation of Contract
3.1 The presentation of products on our website does not constitute a legally binding offer, but an invitation to submit an offer (invitatio ad offerendum).
3.2 By completing the order process via the checkout button (e.g. “Buy Now”, “Purchase”, or equivalent), the customer submits a binding offer to conclude a contract.
3.3 The contract is concluded when the customer receives an order confirmation by email.
4. Prices, Currency, and Payment
4.1 All prices displayed on the website are final prices. Where applicable, statutory value-added tax (VAT) is included.
4.2 Payments are processed via Shopify Payments (including Shop Pay, Visa, Mastercard, American Express, Apple Pay, and Google Pay) and PayPal, depending on availability and the customer’s location.
4.3 Payment processing is carried out exclusively by the respective payment service providers using secure and encrypted systems. Arclane does not store complete payment data.
4.4 Any additional fees charged by banks or payment providers (e.g. currency conversion fees) are outside Arclane’s sphere of responsibility.
4.5 Arclane may offer discounts, promotional offers, or coupon codes. Such offers may be subject to specific conditions, time limitations, or availability and do not establish any entitlement to future discounts.
5. Provision of Digital Content
5.1 Unless otherwise stated, access to digital content is granted immediately after contract conclusion, either via download link, email notification, or customer account.
5.2 Use of the digital content requires a suitable internet-enabled device and a stable internet connection. Arclane does not guarantee uninterrupted availability due to technical reasons beyond its control.
5.3 No specific technical minimum requirements for end devices are guaranteed, unless expressly stated.
6. Right of Withdrawal
6.1 Consumers are entitled to the statutory right of withdrawal. Details are set out in the separate Right of Withdrawal Policy, which forms an integral part of these Terms & Conditions.
6.2 For one-time digital products, the right of withdrawal expires prematurely once we have begun performance of the contract, provided that the consumer has expressly consented to the commencement of performance before the end of the withdrawal period and acknowledged the loss of the right of withdrawal once performance has begun.
6.3 For services that may involve time-based access or subscriptions in the future, statutory withdrawal rules apply accordingly.
6.4 Any voluntary refunds, if offered, are governed exclusively by a separate Refund Policy. Mandatory statutory rights, in particular withdrawal and consumer protection rights, remain unaffected.
7. Term and Termination
7.1 Digital products are generally provided without a fixed term and do not require termination.
7.2 Should Arclane offer memberships, subscriptions, or time-limited services in the future, the respective term, renewal conditions, and termination options will be specified on the product page or during checkout.
7.3 Where termination is applicable, it may be submitted electronically via the customer account or by email. The date of receipt by Arclane shall be decisive.
8. Usage Rights and Account Security
8.1 All digital content is protected by copyright and related intellectual property rights.
8.2 Upon purchase, the customer is granted a non-exclusive, non-transferable right of use for personal purposes only, for the duration of access granted under these Terms & Conditions.
8.3 In particular, it is prohibited to:
- share content or login credentials with third parties,
- enable simultaneous use by multiple persons,
- reproduce, distribute, or make content publicly accessible without authorization.
8.4 In the event of material breaches, Arclane reserves the right to temporarily or permanently suspend access, including termination of the granted usage rights, and to assert further legal claims.
9. Community and Interactive Features
9.1 Arclane does not currently operate active community or comment features. Should such features be offered in the future, users must interact respectfully and lawfully.
9.2 Arclane reserves the right to moderate or remove content and to restrict access in the event of violations.
10. Digital Content Conformity and Updates
10.1 Arclane ensures that digital content remains functional and in conformity with the contract for a reasonable period, in accordance with applicable law, in particular Directive (EU) 2019/770.
10.2 There is no obligation to provide updates or new functionalities beyond what is legally required or expressly agreed.
10.3 Statutory consumer rights regarding defects and conformity of digital content and digital services remain unaffected.
10.4 In the event of a lack of conformity, consumers may be entitled to statutory remedies, in particular cure, price reduction, or termination, subject to the applicable legal requirements.
10.5 Consumers are required to cooperate to a reasonable extent in enabling Arclane to verify and remedy a lack of conformity (e.g. by providing information about the technical environment).
11. Liability
11.1 Arclane is fully liable for intent and gross negligence.
11.2 In cases of slight negligence, Arclane shall only be liable for breaches of essential contractual obligations (cardinal obligations). In such cases, liability is limited to foreseeable, contract-typical damage.
11.3 Liability for damages resulting from injury to life, body, or health remains unaffected.
11.4 Liability under mandatory statutory provisions, including the German Product Liability Act, remains unaffected.
12. Content Disclaimer and Creator Contributions
12.1 Digital products may include contributions from multiple creators or partners. Arclane remains the sole contractual partner of the customer.
12.2 Content is provided for educational and informational purposes only and does not constitute individual advice, in particular no financial, tax, legal, medical, or therapeutic advice.
12.3 Responsibility for applying the content lies solely with the customer.
13. Amendments to Services and Terms
13.1 Arclane may modify or further develop its digital services for valid reasons, provided that such changes do not unreasonably disadvantage customers.
13.2 Amendments to these Terms & Conditions generally apply only to future contracts. They may apply to existing contractual relationships only if and to the extent legally permissible, for valid reasons, and provided that customers are not unreasonably disadvantaged. Where required by law, customers will be informed in advance and granted any applicable rights of objection or termination.
14. Final Provisions
14.1 These Terms & Conditions are governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
14.2 For consumers, mandatory consumer protection provisions of their country of residence remain applicable.
14.3 For entrepreneurs, the exclusive place of jurisdiction shall be Munich, Germany.
14.4 Should individual provisions of these Terms & Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.
15. Consumer Dispute Resolution
Arclane is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
