Terms of Purchase (AGB)

1. Scope

These Terms of Purchase apply to all contracts concluded between whaamkabaam (Owner: Felix Holtkamp, Donaustr. 44, 12043 Berlin, Germany) and consumers (“customers”) via whaamkabaam.com for the purchase of digital products and services.

whaamkabaam sells exclusively to consumers (B2C).

2. Subject Matter of the Contract

whaamkabaam offers:

  • Digital products in the form of customized mouse acceleration curves and related digital settings

  • Personalized digital services, including iterative adjustments (“revisions”)

  • Digital services in the form of live onboarding sessions in which personalized digital settings are created, adjusted, or finalized in real time

The specific scope of services results from the product description at the time of purchase.

3. Contract Formation

The presentation of products on the website does not constitute a legally binding offer.
A contract is formed when the customer completes the payment process via Stripe and the payment is successfully confirmed.

Upon completion, the customer receives a confirmation by email.

4. Delivery & Performance

Digital Products

Digital products are provided immediately after purchase or within a short time via digital delivery (e.g. download, account access, Discord).

Personalized Content

Digital products are customized based on information provided by the customer (e.g. sensitivity, playstyle, preferences). The customer is responsible for providing accurate and complete information.

Calls / Consultations

Calls are scheduled individually. Once a call has taken place, the service is deemed fully performed.

5. Revisions

Where included in the purchased product:

  • Revisions refer to adjustments of the originally delivered digital product

  • Revisions are limited to the scope described on the product page

  • Requests must be based on the originally provided input

  • Excessive or abusive revision requests may be refused

6. Prices & Payment

All prices shown are final prices including applicable taxes.

Payment is processed via Stripe, including supported payment methods such as credit card and PayPal.

If a payment fails or is reversed, whaamkabaam reserves the right to suspend delivery or access.

7. Right of Withdrawal

Consumers generally have a statutory right of withdrawal.
However, for digital content and personalized digital products, the right of withdrawal expires once:

  • the digital content has been delivered, or

  • the customization process has begun.

For services (calls), the right of withdrawal expires once the service has been fully performed.

Details are set out in the separate Withdrawal Policy.

8. Refunds

Refunds are governed by the separate Refund Policy published on whaamkabaam.com.

In particular:

  • No refunds are granted for delivered or used digital content

  • No refunds are granted after a call has taken place

  • Voluntary refunds may be granted in exceptional cases at the discretion of whaamkabaam

9. Intellectual Property & Usage Rights

All digital products and content provided by whaamkabaam are protected by copyright.

The customer receives a non-exclusive, non-transferable, personal right of use for private purposes only.

In particular, the customer may not:

  • resell, sublicense, or redistribute the content

  • share the content publicly or commercially

  • reverse engineer or replicate the content for third parties

10. Liability

whaamkabaam is liable without limitation for intent and gross negligence.

For slight negligence, liability exists only for breaches of essential contractual obligations and is limited to foreseeable, typical damages.

Liability for loss of profit, indirect damages, or consequential damages is excluded to the extent permitted by law.

11. Customer Obligations

The customer agrees to:

  • provide truthful and accurate information

  • use the products only as intended

  • refrain from abusive behavior or misuse of services

12. Governing Law

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

Mandatory consumer protection provisions of the customer’s country of residence remain unaffected.

13. Online Dispute Resolution

The European Commission provides a platform for online dispute resolution (ODR):
https://ec.europa.eu/consumers/odr/

whaamkabaam is not obliged or willing to participate in dispute resolution proceedings before a consumer arbitration board.

14. Final Provisions

If individual provisions of these Terms are invalid or unenforceable, the remaining provisions remain unaffected.

Last updated: 2025