General Terms and Conditions for
TOTAL-INSANE-MEDIA
General Terms and Conditions (GTC) and Customer Information
§ 1 Scope and Provider
(1) These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts for the delivery of digital data (graphics, sounds, templates, forms; hereinafter referred to as "digital content") between
TOTAL-INSANE-MEDIA, Goethestraße 25, 16548 Glienicke / Nordbahn
Email: service@total-insane-media.de
Phone: +49 (0)33056 421424,
VAT ID No.: 053/230/03590
– hereinafter referred to as the "Provider" – and its customers.
(2) The offer is directed at both consumers within the meaning of § 13 BGB (German Civil Code) and entrepreneurs within the meaning of § 14 BGB.
(3) Deviating, conflicting, or supplementary General Terms and Conditions of the customer shall not become part of the contract unless their validity is expressly agreed to in writing.
§ 2 Subject Matter of the Contract
(1) The subject matter of the contract is the sale of digital content (e.g., graphic files, audio files, design templates, and text/layout forms) via download through the Provider's online shop, as well as the granting of the project-related rights of use / licenses described in more detail in § 6.
(2) The digital content is provided in the file formats specified in the respective product description. The customer is solely responsible for having the necessary software available to open and use the files.
§ 3 Conclusion of Contract and Mandatory Information in the Ordering Process
(1) The presentation of products in the online shop does not constitute a legally binding offer, but rather a non-binding online catalog.
(2) The customer can place the desired products into the shopping cart without obligation. Before submitting the order, the customer can check and correct their entries at any time.
(3) Obligation to specify the project: Since the rights of use for the digital content are granted on a project-related basis (see § 6), the customer is obliged to provide a clear reference to the planned use in the designated mandatory field during the ordering process. This can be done by providing either:
• the specific project name,
• the name of the person responsible for the project,
• the name of the utilizing company, or
• the exact name/URL of the respective social media channel.
Without this information, completing the ordering process is technically impossible.
(4) By clicking the button that concludes the ordering process (e.g., "Order with obligation to pay" or "Buy"), the customer submits a binding offer to purchase the digital content in the shopping cart, stating the project reference provided in accordance with paragraph 3.
(5) The Provider confirms receipt of the order by email (order confirmation). The contract is concluded upon sending a separate order confirmation via email, providing the download link, or requesting payment or completing the payment process through the selected payment service provider (whichever event occurs first).
§ 4 Prices and Payment Terms
(1) The prices stated in the online shop are final prices. They include the applicable statutory German value-added tax (unless the small business regulation according to § 19 UStG applies). Since this concerns digital content via download, no shipping costs are incurred.
(2) The payment methods specified in the online shop are available to the customer.
(3) The purchase price is due immediately upon conclusion of the contract.
§ 5 Provision and Download
(1) The digital content is made available by providing a download link after successful receipt of payment. The link will be sent to the customer by email and/or activated in the customer account.
(2) The Provider guarantees that the download can be retrieved for a period of at least 3 months from the date of purchase. The customer is requested to back up the downloaded files locally on their own devices immediately.
§ 6 Rights of Use (Project-Related License)
(1) Upon full payment of the purchase price, the Provider grants the customer a non-exclusive (simple), temporally and spatially unrestricted right to use the digital content for private as well as commercial purposes under the following conditions.
(2) Project-related binding to the order details: The license applies explicitly on a project-related basis and is strictly tied to the information provided by the customer during the ordering process pursuant to § 3 Para. 3 (project name, person responsible, company, or social media channel).
The acquired digital content may be used exclusively for this one project / final product specified in the ordering process per purchase.
If the customer wishes to use the same digital content for an additional, independent project, another company, or another social media channel, the acquisition of an additional license (re-purchase stating the new reference) is required for this purpose.
(3) Scope of use:
• The customer may edit, adapt, combine the content with other works, and reproduce and publish it within the scope of the named project.
• Commercial use within the scope of the specified project (e.g., on behalf of a client or for own commercial products) is permitted to the full extent.
(4) Restrictions (Unauthorized use):
• It is prohibited to resell, rent, give away, sub-license, or otherwise distribute the digital content as such (isolated) to third parties.
• It is prohibited to use the content in a way that enables third parties to download, extract, or reproduce the content as a standalone file.
§ 7 Right of Withdrawal for Consumers
The right of withdrawal expires prematurely in the case of a contract for the delivery of digital content not contained on a tangible data carrier if the entrepreneur has begun performance of the contract after the consumer:
1. has expressly agreed that the entrepreneur begins performance of the contract before the expiry of the withdrawal period, and
2. has confirmed their knowledge that they lose their right of withdrawal by giving their consent upon the start of the performance of the contract.
A complete cancellation policy along with a model withdrawal form will be provided separately to the customer during the ordering process.
§ 8 Warranty and Liability
(1) The statutory warranty rights for digital products pursuant to §§ 327 et seq. BGB shall apply, unless agreed otherwise below.
(2) The Provider is liable without limitation for damages resulting from injury to life, body, or health based on an intentional or negligent breach of duty, as well as for other damages based on an intentional or grossly negligent breach of duty or malicious intent.
(3) In the event of a breach of essential contractual obligations (cardinal obligations), the Provider shall also be liable for slight negligence. In this case, liability is limited to the foreseeable damage typical for the contract.
(4) Any further liability of the Provider is excluded.
§ 9 Dispute Resolution (ODR Platform)
(1) The European Commission provides a platform for Online Dispute Resolution (ODR), which you can find at https://ec.europa.eu/consumers/odr/.
(2) The Provider is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
§ 10 Final Provisions
(1) The law of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.
(2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from this contract shall be the registered office of the Provider.
(3) Should individual provisions of these GTC be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.
As of: July 1, 2026