Terms and conditions

Note: The purchase contract for the products offered in the shop is concluded via the Provider's distribution partner CopeCart (see Section 2). The following terms additionally govern the use of the digital products (license terms) as well as their provision, updates and liability by the Provider.

Section 1 Scope, provider

(1) These terms apply to the provision and use of the digital products (hereinafter "Products"), in particular elements and plugins for the YOOtheme Pro page builder, offered via tonino-gerns.de.

(2) The provider and licensor of the Products is:

Tonino Gerns c/o SourceArt, Fritz-Thiele-Straße 3, 28279 Bremen, Germany. Email: hallo@tonino-gerns.de, VAT identification number: DE287630692.

(3) A consumer is any natural person who enters into a legal transaction for purposes that are predominantly attributable neither to their commercial nor to their independent professional activity (Section 13 of the German Civil Code (BGB)). An entrepreneur is any person who, when concluding the contract, acts in the exercise of their commercial or independent professional activity (Section 14 BGB).

Section 2 Conclusion of contract, processing via CopeCart

(1) Sales, payment processing and invoicing are handled by CopeCart GmbH as reseller. The purchase contract for the respective Product is concluded between you and CopeCart; CopeCart issues the invoice to you. CopeCart's general terms and conditions are confirmed during the ordering process; they are available at copecart.com/agb.

(2) The Provider grants you the rights of use set out in these terms for the Products purchased via CopeCart and provides the Products, updates and support. Claims arising from the purchase contract (e.g. payment, invoice, withdrawal) must be asserted against CopeCart; claims arising from the use of the Products must be asserted against the Provider.

Section 3 Subject matter of the contract

(1) The subject matter is the provision of digital Products for download for use with YOOtheme Pro (including for Joomla). The scope of functions, the technical requirements and the compatibility are set out in the respective product description in the shop at the time of the order.

(2) The Products are provided as a time-limited license with a term of twelve (12) months (annual license).

(3) Operating the Products requires a separate, valid and compatible YOOtheme Pro license. This is not part of the offer and must be obtained by the customer.

Section 4 Rights of use (license)

(1) For the term of the license, the Provider grants you a simple, non-exclusive, non-transferable right to use the purchased Product as intended.

(2) The number of websites on which you may use the Product is set out in the product description at the time of the order. If no limit is stated there, you may use the Product in an unlimited number of your own projects and websites. In both cases, use in client projects, i.e. in websites that you create or maintain on behalf of third parties, is also expressly permitted.

(3) In particular, it is not permitted

• to copy the Product or parts of it and to pass it on, sell, rent out or publicly offer it as your own product under your own name or that of a third party,
• to sublicense the Product or to pass it on to third parties outside its intended use,
• to pass the download key on to third parties.

(4) Modifications of the Product for your own intended use (including in client projects) are permitted. The result of such modifications may not be distributed as a stand-alone product competing with the Product.

(5) License verification: To verify authorized use, the Products may transmit the license key (download key), the domain of the website on which the Product is used and the installed product version to the Provider's server upon activation and at regular intervals. The transmission takes place exclusively server-side from the website, either from its administration area or via its scheduled tasks; no data of website visitors is collected in the process. Details, in particular regarding the storage period and legal bases, are set out in the Privacy Policy.

Section 4a Activation with a limited number of websites

(1) The following rules apply only to Products whose product description states a limited number of websites.

(2) Website: A website is a domain including its www variant. This also covers staging environments as a subdomain of this domain (dev., staging., test., demo. and sandbox.) as well as local development environments that are not accessible from the internet. Additional domains under which the same website is accessible must be redirected to the activated domain.

(3) Activation: The Product must be activated with the download key for each website. Without activation, its functions are not available. An activation that has been completed remains in effect even after the license term has expired. New activations and domain changes require an active license.

(4) Domain change: You can release an activated domain in your customer account in order to activate the Product on another website. Upon release, the activation on the previous domain ends. Three changes are possible within twelve months; one change made within 30 days of the first activation is not counted.

(5) Servers without an internet connection: If a website cannot establish a connection to the Provider's server, an activation code for its domain can be generated in the customer account. The domain occupies one slot of the license. It is released on request via support.

(6) Refund: If the purchase price is refunded or a payment is charged back, all activations of the license end.

(7) Open-source components: Insofar as components of a Product are subject to an open-source license, in particular the GNU General Public License, the rights under that license remain unaffected. In this case, the limitation to a number of websites applies to activation and to the entitlement to updates, downloads and support.

Section 5 Term, renewal, expiry

(1) The license has a term of twelve (12) months from the purchase. Whether it is renewed depends on the purchase option selected at checkout:

• One-time purchase: The term is not renewed automatically; there are no recurring payment obligations. The license expires after twelve months. It is renewed by a new purchase subject to a fee.
• Subscription: The term is automatically extended by a further twelve months at a time and renewed subject to a fee until the subscription is canceled. Management and cancellation of the subscription are governed by CopeCart's terms.

(2) After the term has expired (for a one-time purchase) or after cancellation and expiry (for a subscription), you may continue to use the most recently provided version of the Product; existing activations (Section 4a) are retained. However, the entitlement to updates, new downloads, new activations and domain changes, and support lapses.

Section 6 Provision / delivery

(1) The Products are provided digitally. After successful receipt of payment, you receive access to the download - via a download key and in your customer account at tonino-gerns.de.

(2) During the term, the download is available to you in the respective current version. No shipment on physical data carriers takes place.

Section 7 Updates

(1) During the license term, the Provider provides the updates that are necessary for the Product to remain in conformity with the contract, including functional and security-related updates (in relation to consumers pursuant to Section 327f BGB).

(2) Updates are provided via the customer account. After the license has expired, there is no entitlement to further updates.

Section 8 Right of withdrawal

(1) Since the purchase contract is concluded with CopeCart, any right of withdrawal is governed by CopeCart's terms and withdrawal instructions (copecart.com/agb). The withdrawal must be declared to CopeCart.

(2) Note on digital content: In the case of a contract for the supply of digital content not on a tangible medium, the right of withdrawal expires prematurely if performance has begun after the consumer has expressly consented to performance beginning before the end of the withdrawal period and has confirmed their knowledge that they thereby lose their right of withdrawal (Section 356(5) BGB). The right of withdrawal therefore expires prematurely upon provision of the download after such consent has been given.

Section 9 Liability for defects

(1) The statutory provisions apply to the grant of use; for digital products in relation to consumers, in particular Sections 327 et seq. BGB. The Provider warrants that the Product, upon provision and during the term, has the quality agreed in the product description, provided that the stated technical requirements (including a compatible YOOtheme Pro version) are met.

(2) Warranty and withdrawal claims against CopeCart arising from the purchase contract remain unaffected.

(3) In relation to entrepreneurs, the limitation period for claims based on defects is twelve months from provision, to the extent permitted by law.

Section 10 Liability

(1) The Provider is liable without limitation for damage resulting from injury to life, body or health, for damage resulting from an intentional or grossly negligent breach of duty, and under the German Product Liability Act (Produkthaftungsgesetz).

(2) In the event of a slightly negligent breach of an essential contractual obligation (cardinal obligation), liability is limited to the foreseeable damage typical for this type of contract. Otherwise, liability for slightly negligent breaches of duty is excluded.

(3) You are responsible for regularly backing up your data and your website. A backup is recommended before installing a Product or an update.

Section 11 Technical requirements, free products

(1) The Products require a compatible installation of YOOtheme Pro (see the respective product description). The Provider accepts no warranty for incompatibilities resulting from an unsupported environment.

(2) Free products are provided without remuneration "as is"; to that extent, a warranty is only assumed to the extent required by mandatory law.

Section 12 Dispute resolution

(1) The platform for online dispute resolution (ODR) provided by the European Commission was discontinued as of 20 July 2025.

(2) The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (Section 36 of the German Consumer Dispute Resolution Act (VSBG)).

Section 13 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding 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 the state of the consumer's habitual residence.

(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 is the Provider's place of business.

(3) Should individual provisions be or become invalid, the validity of the remaining provisions remains unaffected.

Last updated: September 2026