GENERAL TERMS AND CONDITIONS
Rocketelements
Kolja Berlau
Mittelweg 6
21435 Stelle
Germany
Email: info@rocketelements.io
1. Scope and definitions
1.1. These General Terms and Conditions (“Terms”) of Kolja Berlau, trading as “Rocketelements” (“Rocketelements”, “we”, “us”), Mittelweg 6, 21435 Stelle, Germany, govern all contracts concluded with the customer (“customer”, “you”) via the online shop at rocketelements.io, in the version valid at the time the order is placed.
1.2. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession (Sec. 13 German Civil Code, BGB). An entrepreneur is any natural or legal person or partnership with legal capacity acting in the exercise of their trade, business, or profession when concluding the contract (Sec. 14 BGB).
1.3. Deviating terms and conditions of the customer do not apply unless we expressly agree to them in writing.
1.4. For questions or complaints, contact us at info@rocketelements.io.
2. Subject of the contract
2.1. Rocketelements sells software for websites (in particular the “Split Test for Elementor” plugin) as digital content, delivered electronically by download and license key. No physical goods are supplied.
2.2. The scope, features, and system requirements of the software result from the product description on our website at the time of the order.
2.3. The software is licensed, not sold. The license key provided entitles the customer to use the software described in the respective product description to the extent stated there (in particular the number of websites/domains of the purchased plan), for the duration of the active subscription. The grant of rights becomes effective only upon full payment of the price owed. The customer acquires no intellectual property rights in the software; all rights not expressly granted remain with Rocketelements.
3. Conclusion of the contract
3.1. The presentation of products in the online shop does not constitute a legally binding offer, but an invitation to place an order.
3.2. The customer selects a product, proceeds to the cart and checkout, and submits a binding offer to purchase by clicking the order button at the end of the checkout process. Before submitting the order, the customer can review and correct all entries at any time using the usual keyboard and mouse functions; mandatory fields are marked accordingly.
3.3. We may accept the customer’s offer within five days
– by sending an order confirmation in text form (email), in which case receipt of the order confirmation by the customer is decisive, or
– by delivering the download access and license key, or
– by requesting payment after the order has been placed.
If several of these alternatives occur, the contract is concluded at the time the first one occurs. If we do not accept the offer within this period, the customer is no longer bound by their offer.
3.4. If the customer pays via PayPal and the payment is triggered directly at the end of the order process, we declare acceptance of the customer’s offer already at the time the customer initiates the payment by clicking the order button.
3.5. The contract language is English. The text of the contract is stored by us; the customer receives the order data and these Terms in text form (email) with the order confirmation and, if a customer account exists, can also view orders in their customer account.
3.6. Order processing and communication take place by email. The customer must ensure that the email address provided is correct and that emails sent by us or by our payment providers can be received, in particular that spam filters do not prevent delivery.
4. Prices and payment
4.1. All prices are stated in US dollars (USD). Applicable taxes (e.g. VAT) are calculated and displayed at checkout based on the customer’s billing country and customer status before the order is placed. The total shown at checkout is the final amount charged.
4.2. Payment is due immediately upon conclusion of the contract. The following payment methods are available:
(a) Credit / Debit Card: card payments are processed by the payment service provider Stripe (Stripe Payments Europe, Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland). Rocketelements does not store full card details.
(b) PayPal: payments are processed by PayPal (Europe) S.a r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal terms of use.
4.3. The customer is entitled to set-off only if their counterclaims have been finally established by a court or are undisputed. The customer may exercise a right of retention only insofar as their claim arises from the same contractual relationship.
5. Subscriptions, automatic renewal, and cancellation
5.1. Our products are sold as subscriptions with the billing period stated at checkout (e.g. yearly).
5.2. The subscription renews automatically at the end of each billing period for a further period of the same length at the price stated at checkout, unless the customer cancels before the renewal date. The renewal price, billing interval, and first renewal date are displayed at checkout before the order is placed and are confirmed in the order documentation.
5.3. By completing the order, the customer authorizes Rocketelements to charge the chosen payment method for the initial payment and for each renewal payment when due.
5.4. The customer can cancel the subscription at any time with effect from the end of the current billing period via their account page at rocketelements.io or by emailing info@rocketelements.io. Cancellation prevents future renewal charges; it does not entitle the customer to a refund of payments already due or made for the current billing period.
5.5. The right of both parties to extraordinary termination for good cause remains unaffected.
5.6. Upon expiry or cancellation of the subscription, the right to software updates and support ends. Statutory rights remain unaffected.
6. Delivery
Delivery takes place electronically. After confirmation of payment, the customer receives the order confirmation, download access, and license key(s) by email and/or by display on screen in the customer account, normally within a few minutes. Details are provided on our Delivery Information page.
7. Refunds
7.1. For consumers, the statutory right of withdrawal applies as set out in our Revocation Policy. For digital content, the right of withdrawal expires when we begin performance of the contract (delivery of download access and license key) after the consumer’s express consent and acknowledgment, as described in the Revocation Policy and at checkout.
7.2. For entrepreneurs (business customers), no right of withdrawal and no goodwill refund right exists. Renewal payments are not refundable after the renewal charge has been made; to avoid a renewal charge, the subscription must be cancelled before the renewal date (clause 5.4).
7.3. Statutory warranty rights (clause 8) remain unaffected by this clause.
8. Warranty for defects
8.1. The statutory warranty provisions for digital products apply.
8.2. For entrepreneurs, the warranty period is twelve months from delivery, except in cases of intent, gross negligence, injury to life, body, or health, fraudulent concealment of a defect, or liability under the German Product Liability Act. Statutory recourse claims (Sec. 445a BGB) remain unaffected.
8.3. If the customer is a merchant within the meaning of Sec. 1 German Commercial Code (HGB), the commercial duty to inspect and give notice of defects pursuant to Sec. 377 HGB applies. If the customer fails to give due notice, the software is deemed approved.
8.4. A defect exists only if the software does not conform with the agreed product description. Insignificant deviations and issues caused by third-party software, customer modifications, or use outside the documented system requirements do not constitute defects.
9. Liability
9.1. We are liable without limitation for damage caused by intent or gross negligence, for injury to life, body, or health, under the German Product Liability Act, in case of fraudulent concealment of a defect, and within the scope of any guarantee expressly given.
9.2. In cases of slight negligence, we are liable only for the breach of essential contractual obligations (obligations whose fulfilment is a prerequisite for the proper performance of the contract and on whose fulfilment the customer may regularly rely), and such liability is limited to the foreseeable damage typical for this type of contract.
9.3. Any further liability is excluded. Insofar as our liability is excluded or limited, this also applies to the personal liability of our employees, representatives, and agents.
10. Final provisions
10.1. The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of their country of habitual residence.
10.2. If the customer is an entrepreneur, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the registered seat of Rocketelements.
10.3. European Commission platform for Online Dispute Resolution (ODR): https://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
10.4. Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected.
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