1. Scope and General Provisions

1.1 These General Terms and Conditions (hereinafter "GTC") apply to all business relationships between Julian Vogelsang, Grabbeallee 46, 13156 Berlin, Germany (hereinafter "Provider," "we," or "us") and our customers (hereinafter "Customer" or "you").

1.2 These GTC apply to both consumers (B2C) and entrepreneurs (B2B). A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

1.3 Differing, conflicting, or supplementary general terms and conditions of the Customer shall only become part of the contract if and to the extent that we have expressly agreed to their validity in writing.

2. Subject of the Contract

2.1 The subject of the contract is the sale and licensing of digital products, specifically website templates designed for the "Framer" platform and instructional video materials (hereinafter "Digital Products").

2.2 The Digital Products are provided exclusively in digital form (e.g., as a "Remix Link" or via a hosted video platform). No physical data carriers will be delivered.

3. Conclusion of Contract and Order Process

3.1 The presentation of Digital Products on our website does not constitute a legally binding offer but an invitation to place an order (invitatio ad offerendum).

3.2 The technical processing of the purchase is carried out via the platform Polar.sh. When you click the "Buy" or "Purchase" button, you are redirected to the checkout interface of Polar.sh. By completing the payment process, you submit a binding offer to purchase the Digital Products.

3.3 The contract is concluded when the payment is successfully processed and the digital content is made available to you.

4. Delivery and Access

4.1 Following the conclusion of the contract, the Customer will receive an automated email containing the access data or a direct link (e.g., a Framer Remix Link) to the Digital Product.

4.2 It is the Customer's responsibility to provide a valid email address and ensure that the delivery of the email is not prevented by technical barriers (e.g., spam filters).

5. Granting of Usage Rights (Licensing)

5.1 All Digital Products are protected by copyright. The Provider is the sole owner of all intellectual property rights or holds the necessary licenses for distribution.

5.2 Single-Use License: Upon full payment, the Customer is granted a non-exclusive, non-transferable, and perpetual license to use the template for one (1) single project or domain.

5.3 Commercial Use: The Customer is permitted to use the template for the presentation of their own commercial or private business, products, and projects.

5.4 Prohibited Use: The Customer is strictly prohibited from:

• Reselling, sublicensing, or redistributing the Digital Products (templates and videos), in whole or in part, in their original or modified form.

• Sharing the provided "Remix Link" or video access with third parties.

• Claiming the design of the Digital Product as their own original work.

• Using the Digital Products to create "derivative" templates intended for sale or free distribution.

  
  

5.5 Educational Content: If the purchase includes instructional videos, these are for the personal use of the buyer only. Recording, downloading (unless explicitly permitted), or redistributing the video content is strictly forbidden.

6. Placeholder Content and Customer Responsibility

6.1 Demonstration Content Only: The Digital Product (the template) is provided as a structural framework. All contentincluded in the template—including but not limited to texts, headlines, slogans, images, icons, and legal pages (Imprint, Privacy Policy)—is intended for demonstration purposes only.

6.2 Mandatory Replacement: The Customer is strictly required to replace all placeholder content with their own original and legally compliant content before publishing or using the website for any commercial purpose.

6.3 No Legal Advice: Any structural legal placeholders do not constitute legal advice. It is the Customer's sole responsibility to ensure their final website complies with the laws of their respective jurisdiction.

6.4 Indemnification: The Provider shall not be held liable for any legal consequences, fines, or damages (e.g., "Abmahnungen") resulting from the Customer’s failure to replace placeholder content.

7. Prices, Payment, and Taxes

7.1 The prices listed at the time of the order shall apply.

7.2 Payments are processed through Polar.sh, which acts as the Merchant of Record. Consequently, Polar.sh is responsible for the billing process, the handling of payment data, and the collection and remittance of applicable taxes (e.g., VAT or Sales Tax) based on the Customer's location.

8. Right of Withdrawal and "No Refund" Policy

8.1 Digital Nature: Given the nature of digital content, which is accessible immediately upon purchase, all sales are final.

8.2 Consumer Right of Withdrawal (EU): If you are a consumer in the EU, you generally have a 14-day right of withdrawal. However, according to Art. 16(m) of the EU Consumer Rights Directive, this right expires once the performance has begun (i.e., the digital link has been provided) if you have expressly consented to the immediate execution of the contract and acknowledged the loss of your withdrawal right.

8.3 Consent: By completing the purchase, you expressly agree to the immediate delivery of the Digital Products and acknowledge that you lose your right to any refund or withdrawal.

9. Warranty, Support, and Updates

9.1 "As-Is" Provision: The Digital Products are provided on an "as-is" and "as-available" basis. The Provider makes no warranty that the templates will meet your specific requirements or be compatible with future versions of the Framer software.

9.2 Support: Technical support is provided voluntarily via email at hello@badtemps.com. There is no legal entitlement to a specific response time or a successful resolution of technical issues.

9.3 Software Requirements: The Customer is responsible for maintaining a valid Framer account and the technical infrastructure necessary to use the templates. Any costs associated with third-party software or hosting are the sole responsibility of the Customer.

10. Limitation of Liability and Disclaimer

10.1 The Provider shall be liable for damages caused by intent or gross negligence. For slight negligence, liability is limited to the breach of essential contractual obligations (cardinal obligations). In these cases, liability is limited to the typical, foreseeable damage.

10.2 Independent Status: The Provider is an independent designer and a participant in the Framer Partner Program. This business is operated independently. The Provider is not an employee or legal representative of Framer B.V., and Framer B.V. is not responsible for the quality or functionality of the templates. "Framer" is a registered trademark of Framer B.V.

11. Indemnification

The Customer agrees to indemnify and hold the Provider harmless from any claims, damages, or expenses (including legal fees) arising from the Customer's unauthorized use of the Digital Products or any breach of these GTC.

12. Final Provisions

12.1 Governing Law: These GTC and the contractual relationship between the Provider and the Customer shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

12.2 Jurisdiction: If the Customer is an entrepreneur, the place of jurisdiction for all disputes shall be the Provider's place of business (Berlin, Germany).

12.3 Severability: Should any provision of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.