Terms of service

Scope of Application
Conclusion of Contract
Right of Withdrawal
Prices and Payment Terms
Delivery and Shipping Conditions
Granting of Rights of Use for Digital Content
Contract Term and Termination of Subscription Contracts for Digital Content
Retention of Title
Liability for Defects (Warranty)
Liability
Redemption of Gift Vouchers
Applicable Law
Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter “GTC”) of Abraham Mukalazi Kiwanuka, operating under the name “Legatum Noctis” (hereinafter “Seller”), shall apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller with regard to the goods presented by the Seller in his online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.

1.2 These GTC shall apply accordingly to contracts for the delivery of physical data carriers that exclusively serve as carriers of digital content, unless otherwise expressly provided. Digital content within the meaning of these GTC means data that is created and provided in digital form.

1.3 These GTC shall apply accordingly to contracts for the delivery of vouchers, unless otherwise expressly provided.

1.4 These GTC shall apply accordingly to contracts for the delivery of tickets, unless otherwise expressly provided. These GTC govern only the sale of tickets for specific events described in greater detail in the Seller’s product description and do not govern the organization or execution of such events. The execution of the events shall be governed exclusively by the statutory provisions applicable to the relationship between the participant and the event organizer and, where applicable, by any terms and conditions of the organizer that deviate therefrom. Unless the Seller is also the event organizer, the Seller shall not be liable for the proper execution of the event, for which the respective organizer is solely responsible.

1.5 These GTC shall apply accordingly to contracts for the provision of digital content, unless otherwise expressly provided. Digital content within the meaning of these GTC means data that is created and provided in digital form.

1.6 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to either their commercial or self-employed professional activity.

1.7 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the course of their commercial or self-employed professional activity.

1.8 Depending on the Seller’s description of the content, the subject matter of the contract may be either the one-time provision of digital content or the regular provision of digital content (hereinafter “Subscription Contract”). Under a Subscription Contract, the Seller undertakes to provide the Customer with the digital content owed under the contract for the agreed contract term at the contractually agreed intervals.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers by the Seller but serve as an invitation for the Customer to submit a binding offer.

2.2 The Customer may submit an offer via the online order form integrated into the Seller’s online shop. After placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer concerning the goods contained in the shopping cart by clicking the button that completes the ordering process. The Customer may also submit an offer to the Seller by email, online contact form, post, or telephone.

2.3 The Seller may accept the Customer’s offer within five days,

by sending the Customer a written order confirmation or an order confirmation in text form (e.g. fax or email), whereby receipt of the order confirmation by the Customer shall be decisive, or
by delivering the ordered goods to the Customer, whereby receipt of the goods by the Customer shall be decisive, or
by requesting payment from the Customer after the Customer has placed the order.

If several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer shall begin on the day following the day on which the Customer sends the offer and shall end at the end of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing shall be carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full, or — if the Customer does not have a PayPal account — subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the Customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the button that completes the ordering process.

2.5 When ordering via the Seller’s online order form, the contract text shall be stored by the Seller after conclusion of the contract and sent to the Customer in text form (e.g. by email, fax, or letter) after the Customer has submitted the order. The Seller shall not make the contract text available in any other way. If the Customer has created a user account in the Seller’s online shop before submitting the order, the order data shall be archived on the Seller’s website and may be accessed free of charge by the Customer via their password-protected user account using the relevant login details.

2.6 Before submitting the order via the Seller’s online order form in a binding manner, the Customer may identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors may be the browser’s zoom function, which enlarges the display on the screen. The Customer may correct their entries using the usual keyboard and mouse functions during the electronic ordering process until they click the button that completes the ordering process.

2.7 Various languages are available for the conclusion of the contract. The specific language selection shall be displayed in the online shop.

2.8 Order processing is generally carried out automatically by email. The Customer must ensure that the email address provided for order processing is correct so that emails sent by the Seller can be received at this address.

3) Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information regarding the right of withdrawal can be found in the Seller’s withdrawal instructions.

3.3 Unless otherwise agreed, there is no right of withdrawal for contracts concerning the provision of services related to leisure activities if the contract provides for a specific date or period for the provision of the service. Accordingly, there is also no right of withdrawal for contracts concerning the sale of tickets for leisure events scheduled for a specific date.

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the prices stated are total prices and include statutory VAT. Any additional delivery and shipping costs that may apply shall be stated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the Seller is not responsible and which must be borne by the Customer. These include, for example, costs for the transfer of money by financial institutions (e.g. transfer fees or currency conversion fees) or import duties and taxes (e.g. customs duties). Such costs may also arise in connection with the transfer of money if the delivery is not made to a country outside the European Union but the Customer makes the payment from a country outside the European Union.

4.3 The payment method(s) available shall be communicated to the Customer in the Seller’s online shop.

4.4 If a payment method offered via the payment service “Shopify Payments” is selected, payment processing shall be carried out by Shopify International Limited, Victoria Buildings, 2nd Floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (“Shopify”). The individual payment methods offered via Shopify Payments shall be communicated to the Customer in the Seller’s online shop. Shopify may use additional payment service providers to process payments, for which special payment terms may apply and of which the Customer may be informed separately. Further information on “Shopify Payments” is available at https://www.shopify.com/legal/terms-payments/de.

4.5 If a payment method offered via the payment service “Apple Pay” is selected, payment processing shall be carried out by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland (“Apple”). The individual payment methods offered via Apple Pay shall be communicated to the Customer in the Seller’s online shop. Apple may use additional payment service providers to process payments, for which special payment terms may apply and of which the Customer may be informed separately. Further information on Apple Pay is available at https://www.apple.com/de/apple-pay/.

4.6 If a payment method offered via the payment service “Google Pay” is selected, payment processing shall be carried out by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland (“Google”). The individual payment methods offered via Google Pay shall be communicated to the Customer in the Seller’s online shop. Google may use additional payment service providers to process payments, for which special payment terms may apply and of which the Customer may be informed separately. Further information on Google Pay is available at https://pay.google.com/intl/de_de/about/.

4.7 If a payment method offered via the payment service “Mollie” is selected, payment processing shall be carried out by the payment service provider Mollie B.V., Keizersgracht 126, 1015 CW Amsterdam, Netherlands (hereinafter “Mollie”). Mollie may use additional payment service providers to process payments, for which special payment terms may apply and of which the Customer may be informed separately. Further information on “Mollie” is available at https://www.mollie.com/de/.

4.8 If a payment method offered via the payment service “Stripe” is selected, payment processing shall be carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered via Stripe shall be communicated to the Customer in the Seller’s online shop. Stripe may use additional payment service providers to process payments, for which special payment terms may apply and of which the Customer may be informed separately. Further information on Stripe is available at https://stripe.com/de.

4.9 If a payment method offered via the payment service “Klarna” is selected, payment processing shall be carried out by Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden (hereinafter “Klarna”). Further information and Klarna’s terms and conditions in this regard can be found here:

4.10 If the payment method “Credit Card via Stripe” is selected, the invoice amount shall be due immediately upon conclusion of the contract. Payment processing shall be carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). Stripe reserves the right to conduct a creditworthiness check and to reject this payment method in the event of a negative credit assessment.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipment of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. The delivery address specified during the Seller’s order processing shall be decisive for the processing of the transaction.

5.2 If delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This shall not apply to the costs of dispatch to the Customer if the Customer effectively exercises their right of withdrawal. In the event of an effective exercise of the right of withdrawal by the Customer, the provisions set out in the Seller’s withdrawal instructions shall apply to the return shipping costs.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has handed the goods over to the forwarding agent, carrier, or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall generally pass to the Customer only upon delivery of the goods to the Customer or an authorized recipient. Notwithstanding the foregoing, even for consumers, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has handed the goods over to the forwarding agent, carrier, or other person or institution designated to carry out the shipment if the Customer has commissioned such person or institution to carry out the shipment and the Seller has not previously designated that person or institution to the Customer.

5.4 If the Customer is a consumer residing in Germany or an entrepreneur, the Seller reserves the right to withdraw from the contract in the event that the Seller does not receive proper or correct delivery from its supplier. This shall apply only if the non-delivery is not attributable to the Seller and the Seller has concluded a specific covering transaction with the supplier with due diligence. The Seller shall make all reasonable efforts to obtain the goods. In the event that the goods are unavailable or only partially available, the Customer shall be informed immediately and any consideration already paid shall be refunded immediately.

5.5 Collection by the Customer is not possible for logistical reasons.

5.6 Vouchers shall be provided to the Customer as follows:

by download
by email

5.7 Tickets shall be provided to the Customer as follows:

by download
by email

5.8 Digital content shall be provided to the Customer as follows:

by download
by email

6) Granting of Rights of Use for Digital Content

6.1 Unless otherwise stated in the content description in the Seller’s online shop, the Seller grants the Customer a non-exclusive, territorially and temporally unrestricted right to use the provided content for private and commercial purposes.

6.2 Passing on the content to third parties or creating copies for third parties outside the scope of these GTC is not permitted unless the Seller has consented to the transfer of the contractual license to the third party.

6.3 If the contract concerns the one-time provision of digital content, the granting of rights shall become effective only once the Customer has paid the agreed remuneration in full. The Seller may provisionally permit use of the contractual content before this time. Such provisional permission shall not constitute a transfer of rights.

7) Contract Term and Termination of Subscription Contracts for Digital Content

7.1 The right to extraordinary termination for good cause shall remain unaffected. Good cause shall exist if, taking into account all circumstances of the individual case and balancing the mutual interests, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.

7.2 Terminations may be made in writing, in text form (e.g. by email), or electronically via the termination mechanism provided by the Seller on its website (termination button).

8) Retention of Title

If the Seller makes advance performance, the Seller shall retain title to the delivered goods until the purchase price owed has been paid in full.

9) Liability for Defects (Warranty)

Unless otherwise provided in the following provisions, the statutory provisions governing liability for defects shall apply. Notwithstanding this, the following shall apply to contracts for the delivery of goods:

9.1 If the Customer acts as an entrepreneur:

the Seller shall have the right to choose the type of subsequent performance;
for new goods, the limitation period for claims based on defects shall be one year from delivery of the goods;
for used goods, claims based on defects shall be excluded;
the limitation period shall not begin again if a replacement delivery is made as part of the liability for defects.

9.2 If the Customer acts as a consumer, in contracts for the delivery of used goods, subject to the following provision, the limitation period for claims based on defects shall be one year from delivery of the goods if this has been expressly and separately agreed between the parties and the Customer has been specifically informed of the shortened limitation period before submitting their contractual declaration.

9.3 The above limitations of liability and reductions of limitation periods shall not apply:

to claims for damages and reimbursement of expenses by the Customer;
if the Seller has fraudulently concealed the defect;
to goods that have been used for a building in accordance with their usual manner of use and have caused the building to be defective;
to any existing obligation of the Seller to provide updates for digital products in contracts for the delivery of goods with digital elements.

9.4 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.

9.5 If the Customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), the Customer shall be subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations stipulated therein, the goods shall be deemed approved.

9.6 If the Customer acts as a consumer, the Customer is requested to report obvious transport damage to the carrier upon delivery and inform the Seller accordingly. Failure to do so shall have no effect whatsoever on the Customer’s statutory or contractual claims based on defects.

10) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual, and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:

10.1 The Seller shall be liable without limitation on any legal basis:

in cases of intent or gross negligence;
in cases of intentional or negligent injury to life, body, or health;
on the basis of a guarantee promise, unless otherwise provided in this regard;
on the basis of mandatory liability, such as liability under the German Product Liability Act.

10.2 If the Customer is a consumer residing in Germany or an entrepreneur, the following limitations of liability shall apply:

If the Seller negligently breaches a material contractual obligation, the Seller’s liability shall be limited to the foreseeable damage typically expected under the contract, unless the Seller is subject to unlimited liability pursuant to the preceding provision. Material contractual obligations are obligations that the contract imposes on the Seller according to its content for the achievement of the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on compliance with which the Customer may regularly rely. In all other respects, the Seller’s liability shall be excluded unless the Seller is subject to unlimited liability pursuant to the preceding provision.

10.3 The above liability provisions shall also apply with regard to the Seller’s liability for its vicarious agents and legal representatives.

11) Redemption of Gift Vouchers

11.1 Vouchers that can be purchased through the Seller’s online shop (hereinafter “Gift Vouchers”) may only be redeemed in the Seller’s online shop unless otherwise stated on the voucher.

11.2 Gift Vouchers may only be redeemed before completion of the ordering process. Subsequent offsetting is not possible.

11.3 Gift Vouchers may only be used to purchase goods and may not be used to purchase additional Gift Vouchers.

11.4 If the value of the Gift Voucher is insufficient to cover the order, one of the other payment methods offered by the Seller may be selected to pay the difference.

11.5 The balance of a Gift Voucher shall neither be paid out in cash nor accrue interest.

11.6 The Gift Voucher is transferable. The Seller may discharge its obligation by providing the relevant service to the respective holder who redeems the Gift Voucher in the Seller’s online shop. This shall not apply if the Seller is aware, or is grossly negligently unaware, that the respective holder is not entitled to use the voucher, lacks legal capacity, or lacks the authority to represent the person entitled to use the voucher.

12) Applicable Law

All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law shall apply only insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not thereby withdrawn.

13) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

30.08.2026