Terms and Conditions

Version: 11 May 2025

1 Scope and Contractual Partner

1.1 These Terms and Conditions (“T&C”) govern all contracts concluded between
  Day One Enterprises – Sole Proprietorship
  Owner: Ole Albrecht
  Riemannstraße 1, 37083 Göttingen, Germany
  E‑mail: info@diamond-mods.com
  (hereinafter “we”, “our”, “Seller”)
and any natural person acting for purposes outside their trade, business or profession (“consumer”) or professionals (“customers”) who purchase digital products via our website https://diamond-mods.com.

1.2 The version of these T&C valid at the time of ordering shall apply. Deviating terms of the customer are not recognised unless we expressly agree in writing.

2 Subject of the Contract

2.1 We offer non‑tangible digital content such as Google Tag Manager container files (*.json) and accompanying PDF documentation (collectively “Products”).
2.2 The Products are delivered solely by download; physical delivery does not take place.

3 Formation of Contract

3.1 Product presentation on our website constitutes a non‑binding invitation to place an order.
3.2 By clicking the “Buy Now” or equivalent button you are redirected to our external checkout operated by Lemon Squeezy, LLC. There you can correct input errors until you confirm the order.
3.3 A legally binding contract is concluded the moment Lemon Squeezy displays the order confirmation page. You will also receive an order confirmation by e‑mail.
3.4 Contract language is English. We store the contract text but it is not accessible to you after completion for security reasons; please save the confirmation e‑mail.

4 Prices and Payment

4.1 All prices are total prices. Pursuant to § 19 UStG (German small‑business regulation) we do not charge VAT and therefore do not show VAT on the invoice (“VAT exempt according to § 19 UStG”).
4.2 Payment is processed exclusively through Lemon Squeezy using the methods displayed at checkout (e.g. credit card via Stripe, Apple Pay, Google Pay). Additional fees are not charged by us.
4.3 Your payment obligation arises immediately upon conclusion of contract.

5 Delivery and Availability

5.1 Digital products are made available for download immediately after successful payment and are delivered electronically to the e‑mail address provided or via a secure download link.
5.2 We recommend storing backup copies of the files on your own devices; subsequent download availability is not guaranteed indefinitely.

6 Right of Withdrawal for Digital Content

Information on the statutory right of withdrawal is provided separately → see “Withdrawal Policy”.
When you purchase purely digital content that is not supplied on a physical medium, the right of withdrawal expires once:

you have expressly consented that we begin fulfilment before the 14‑day withdrawal period ends, and
you have acknowledged that your right of withdrawal is forfeited when download or streaming starts (Art. 16 m Dir 2011/83/EU, § 356 (5) BGB).
We obtain this consent during the checkout flow.

7 Licence and Permitted Use

7.1 Upon full payment we grant you a non‑exclusive, non‑transferable licence to use the Product for your own business or personal projects, subject to any licence terms stated in the product description.
7.2 You may not:
  a) resell, sublicense, rent or publicly distribute the files;
  b) remove proprietary notices;
  c) claim the work as your own copyright.
7.3 All intellectual‑property rights remain with the Seller or the original author.

8 Warranty for Defects (Gewährleistung)

8.1 Statutory warranty rights for digital products (§§ 327 ff. BGB) apply.
8.2 We warrant that the Product substantially conforms to the description at the time of delivery.
8.3 If the Product is defective you may demand subsequent performance (update or replacement). If that fails you may reduce the purchase price or withdraw from the contract.
8.4 Warranty claims expire two years after download provision (§ 327 f BGB).

9 Liability

9.1 We are liable without limitation for intent and gross negligence, for injury to life, body or health, and under the German Product Liability Act.
9.2 For slight negligence we are liable only for breach of an essential contractual duty, limited to typical, foreseeable damage.
9.3 No liability is assumed for loss of data if the damage would have been avoided by adequate backup copies on your part.

10 Online Dispute Resolution & Consumer Arbitration

The European Commission provides a platform for out‑of‑court online dispute resolution at https://ec.europa.eu/consumers/odr/. We are neither willing nor obliged to participate in consumer dispute‑resolution proceedings before an arbitration board (§ 36 VSBG).

11 Governing Law and Jurisdiction

11.1 Contracts are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
11.2 For consumers whose habitual residence is outside Germany, mandatory consumer‑protection provisions of that country remain unaffected (Art. 6 (2) Rome I).
11.3 If you are a merchant, a legal entity under public law or a special fund under public law, venue for all disputes arising from this contract is our place of business.

12 Amendments

We may modify these T&C for future transactions. The current version is always available at https://diamond-mods.com/terms-and-conditions/. Substantive changes will be announced at least 14 days before they take effect.

Withdrawal Policy

Right of Withdrawal

You have the right to withdraw from this contract within 14 days without giving any reason.

The withdrawal period is 14 days from the date of the conclusion of the contract.

To exercise your right of withdrawal, you must inform us (Ole Albrecht, Riemannstraße 1, 37083 Göttingen, Germany, e-mail: info@diamond-mods.com) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or e-mail).

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.

Special Information for Digital Products

If you have agreed that the download of digital content shall begin during the withdrawal period and have acknowledged that you thereby lose your right of withdrawal upon the download start, the right of withdrawal shall expire prematurely.

Disclaimer Regarding Use of Digital Products

The digital products provided by Day One Enterprises (Ole Albrecht) are offered „as is“ and for general use only. The user is solely responsible for ensuring that the use of these products complies with all applicable legal regulations, including but not limited to data protection laws (e.g., GDPR), and is compatible with their specific technical environment.

We do not assume any responsibility or liability for damages, losses, or legal issues arising from the use, installation, integration, or modification of the digital products in the user’s technical systems.

By purchasing and using our digital products, the customer acknowledges and accepts that any implementation, use, or customization is carried out at their own risk.