General Terms and Conditions

§ 1 Scope

(1) These General Terms and Conditions (hereinafter “Terms”) apply to all contracts between Boxshop, owner Erwin Boxberger, Wiesenweg 10, 74424 Bühlertann, Germany (hereinafter “Provider”), and the users (hereinafter “Customer”) regarding the use of the Asward-Helper platform, including the Discord bot and the associated web dashboard at asward-helper.store.

(2) Deviating or supplementary terms of the Customer do not become part of the contract unless the Provider expressly agrees to their validity in writing.

(3) The offers are addressed to consumers (§ 13 of the German Civil Code, BGB) and to businesses (§ 14 BGB).

§ 2 Conclusion of the contract and ordering process

(1) The presentation of the premium plans on the platform does not constitute a binding offer but an invitation to the Customer to submit an offer.

(2) By clicking the button “Order with obligation to pay” (German “Zahlungspflichtig bestellen”) for a subscription or “Buy Now” (German “Jetzt kaufen”) for a one-time purchase (Lifetime), the Customer submits a binding offer to conclude the selected subscription or one-time purchase; the Customer then authorises the payment at PayPal. If the Customer instead pays for a one-time purchase by debit or credit card via PayPal, the offer is submitted by sending the card payment.

(3) The contract is concluded when the Provider accepts the offer. This takes place by activating the plan in the user account after PayPal has confirmed the payment (one-time purchase) or the consent to the subscription (also with a free trial). If the Customer cancels the process at PayPal, no contract is concluded.

(4) Ordering process: The Customer logs in with their Discord account, selects a plan on the premium page and is taken to the purchase page. There the Customer sees the product, the features and the price, and for subscriptions also the trial period, the subsequent price and the renewal. The Customer accepts these Terms by ticking the box and orders with “Order with obligation to pay” (German “Zahlungspflichtig bestellen”) for a subscription or “Buy Now” (German “Jetzt kaufen”) for a one-time purchase; the Customer then authorises the payment at PayPal. For a one-time purchase, the Customer can instead pay by debit or credit card via PayPal. Until clicking the order button or sending the card payment, the Customer can change the selection and correct entries at any time: via “Back to shop” (German “Zurück zum Shop”) or the back function of the browser the Customer selects a different plan, and the box can be unticked again. At PayPal, the Customer can cancel the process before authorising the payment.

(5) The Provider stores the contract text, i.e. the order data and the version of these Terms valid when the contract is concluded. The Customer receives both with the confirmation email, the Terms as a PDF attachment. The current version of these Terms can be accessed at any time at asward-helper.store/en/agb and can be saved or printed; the Provider sends earlier versions by email on request.

(6) German and English are available for concluding the contract: the purchase page, the confirmation email and these Terms are available in both languages (the German version at asward-helper.store/agb). The version in the language in which the Customer places the order is authoritative; the Customer receives the Terms in that version with the confirmation email.

(7) The Provider has not submitted to any codes of conduct.

(8) The Customer can also buy Basic and Premium directly in Discord (“Buy via Discord”). Ordering, payment and renewal are then handled by Discord under Discord’s terms; paragraphs 2 to 6 and § 4 do not apply to such purchases. The Provider activates the plan for as long as Discord reports the entitlement to it. Otherwise these Terms apply.

§ 3 Scope of services

(1) The Provider provides a Discord bot with an associated web dashboard for managing Discord server functions. The specific scope of services results from the respective plan description on the platform.

(2) Beyond what is necessary to keep the services in conformity with the contract (§§ 327e, 327f BGB), the Provider changes Asward-Helper only for a valid reason. Valid reasons are in particular changes to the Discord interface or the Discord policies, legal or regulatory requirements, closing security gaps and the technical further development of the platform. A change causes no additional costs for the Customer; the Customer is informed about it clearly and comprehensibly. If a change impairs access or usability more than only insignificantly, the Provider informs the Customer by email within a reasonable period, as a rule at least 14 days, before the change about the characteristics and the time of the change and about the Customer’s right to terminate the contract free of charge within 30 days (§ 327r(3) BGB). The period begins with receipt of the information or, if the change takes place only afterwards, with the change. The right of termination does not exist if the impairment is only insignificant or if the Customer retains access to and usability of the unchanged product without additional costs (§ 327r(4) BGB). This also applies to Lifetime plans.

(3) The Provider does not owe uninterrupted availability. The platform depends on the availability of the Discord API. Maintenance work, Discord outages or force majeure can lead to temporary restrictions.

§ 4 Prices and payment

(1) The current prices are shown in the price list at asward-helper.store. All prices are final prices in euros. In accordance with § 19 of the German VAT Act (UStG), no VAT is charged (small business scheme); it is therefore not shown.

(2) On the platform, payments are made exclusively via PayPal (purchases in Discord: § 2(8)). For subscriptions, the Customer agrees towards PayPal when concluding the contract that the monthly amount due is paid to the Provider via the Customer’s PayPal account until the subscription ends.

(3) If a payment fails, the Provider is entitled to suspend the premium status. The Customer is notified by email before the suspension and has 7 days to remedy it.

(4) For subscriptions with a free trial (Basic and Premium: 7 days; with a promotional code, the duration stated when ordering), use during the trial is free of charge. After that, the monthly price stated when ordering becomes due, and the subscription renews monthly until it is cancelled. Anyone who cancels during the trial pays nothing.

§ 5 Right of withdrawal for consumers

(1) Consumers (§ 13 BGB) have a statutory right of withdrawal. The details are set out in the following instructions on withdrawal.

(2) The withdrawal function “Withdraw from contract here” is linked on every page of the website and the dashboard (in the footer or at the bottom of the sidebar); no login is required. After submitting, the Customer receives an acknowledgement of receipt by email without delay.

(3) The Provider does not claim compensation for the services provided up to the withdrawal. If the withdrawal is effective, all payments for the withdrawn contract are refunded.

§ 6 Term and cancellation

(1) Premium subscriptions are concluded on a monthly basis, according to the selected plan.

(2) The Customer can cancel the subscription at any time with effect from the end of the current billing period. Cancellation is possible without logging in via the button “Cancel contracts here”, which is linked on every page of the platform. In addition, the Customer can cancel in the web dashboard, via PayPal or by email to info@boxshopde.de. A subscription from the Discord store (§ 2(8)) can also be cancelled in Discord under “Subscriptions” (for a purchase in the iOS or Android app, in the respective app store); Discord ends the renewal of such a subscription.

(3) Amounts already paid for the current billing period are not refunded upon cancellation unless there are statutory grounds (e.g. rights in the event of defects). The statutory right of withdrawal (§ 5) remains unaffected.

(4) The right to extraordinary termination for good cause remains unaffected.

(5) Lifetime plans are paid once and run for an unlimited period for as long as the Provider operates Asward-Helper; there are no recurring payments. Ordinary termination by the Provider is excluded. If the Provider discontinues Asward-Helper as a whole, the Provider announces this by email at least three months in advance; the Lifetime plan ends with the discontinuation without the one-time price being refunded in whole or in part. The right of withdrawal (§ 5) and the statutory rights in the event of defects (§ 7(1)) remain unaffected. § 3(2) applies to changes to the services.

§ 7 Warranty and liability

(1) The statutory provisions on digital products (§§ 327 et seq. BGB) apply to defects in the services. The Provider automatically provides updates, including security updates, throughout the entire term of the contract, and for Lifetime plans for as long as the Provider operates Asward-Helper; the Customer does not have to install anything for this.

(2) The Provider is liable without limitation for damage resulting from injury to life, body or health based on a negligent or intentional breach of duty, and for other damage based on an intentional or grossly negligent breach of duty by the Provider or the Provider’s legal representatives or vicarious agents.

(3) In the event of simple negligence, the Provider is only liable for the breach of an essential contractual obligation (cardinal obligation), i.e. an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment the Customer may regularly rely (e.g. the provision of the booked functions). In this case, liability is limited to the damage typical for the contract that was foreseeable when the contract was concluded.

(4) For disruptions that are solely due to outages of or changes to the Discord platform, to the behaviour of other Discord users on servers managed by the Customer, or to data losses caused by Discord, the Provider is only liable insofar as the Provider is responsible for them. The statutory rights in the event of defects (paragraph 1) and paragraphs 2, 3 and 5 remain unaffected.

(5) Liability under the German Product Liability Act (Produkthaftungsgesetz) remains unaffected.

§ 8 Data protection and data processing

(1) How the Provider processes personal data is explained in the privacy policy. It serves as information and is not part of these Terms.

(2) Insofar as the bot processes personal data of server members on a Discord server of the Customer (e.g. for tickets, moderation or logs), the Provider acts as the Customer’s processor (Art. 28 GDPR). For this, the data processing agreement at asward-helper.store/avv applies as Annex 1 to these Terms; it is part of the contract.

§ 9 Obligations of the Customer / prohibited use

(1) The Customer undertakes not to use the platform for unlawful purposes, in particular not for:

• spam, mass messages or unsolicited advertising
• harassment, threats or discrimination against other users
• distribution of copyrighted content without authorisation
• circumvention of Discord’s terms of use or security mechanisms
• distribution of malicious software (malware, phishing links)

(2) In the event of serious violations, in particular the distribution of malware, phishing links or criminal content, the Provider may temporarily block access insofar as this is necessary to avert damage. The Provider may terminate the contract without notice for good cause (§ 314 BGB). If the good cause consists in the breach of a contractual obligation, termination is only permissible after an unsuccessful warning or after the unsuccessful expiry of a period set for remedy, unless these are dispensable under § 314(2) BGB.

§ 10 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, the mandatory consumer protection provisions of the state in which they have their habitual residence also apply.

(2) If both parties are merchants, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is the Provider’s place of business (Bühlertann).

(3) The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

(4) Should individual provisions of these Terms be or become invalid in whole or in part, the validity of the remaining provisions shall not be affected. The statutory provision takes the place of the invalid provision.

(5) The Provider offers changes to these Terms to the Customer by email at least six weeks before they are planned to take effect. For existing contracts, they only apply if the Customer expressly agrees to them, for example via the button “Accept new terms” in the web dashboard; silence does not count as consent. If the Customer does not agree, the previous Terms continue to apply to the Customer. Changes to the services are governed exclusively by § 3(2).

Contact

Boxshop
Owner: Erwin Boxberger
Wiesenweg 10
74424 Bühlertann
Germany
Email: info@boxshopde.de
Phone: +49 79731698198
VAT ID: DE458856018