Terms and Conditions

(For the sale of digital Shopify sections / Liquid files)

1. Scope and Provider

1.1 These Terms and Conditions ("Terms") apply to all contracts concluded between

Gianluca Schröder
Wilhelmshavener Str. 68
10551, Berlin
Germany
info@404modules.com

("we", "us", the "Seller") and the customer ("you", the "Customer") via our online store https://www.404modules.com (the "Store").

1.2 We sell digital products, namely pre-built Shopify sections delivered as Liquid code files (including any associated CSS, JavaScript, and JSON schema files) intended for installation in the Customer's own Shopify store (the "Products").

1.3 These Terms apply to both consumers and business customers. A consumer is any natural person who enters into the contract for purposes that are predominantly outside their trade, business, or profession (§ 13 BGB — German Civil Code). A business customer (entrepreneur) is a natural or legal person acting in the exercise of their trade or self-employed professional activity (§ 14 BGB).

1.4 Deviating terms and conditions of the Customer do not apply unless we have expressly agreed to them in writing.

2. Conclusion of Contract

2.1 The presentation of Products in the Store does not constitute a legally binding offer, but an invitation to place an order.

2.2 By clicking the order button at the end of the checkout process (labelled "Pay now" or equivalent wording clearly indicating a payment obligation), you submit a binding offer to purchase the Products in your cart.

2.3 The contract is concluded when we accept your order by sending an order confirmation email including access to the purchased files, which normally happens immediately after successful payment.

2.4 The contract language is English. The text of the contract (order details and these Terms) is stored by us and sent to you with the order confirmation. You can also view these Terms at any time in the Store.

3. Delivery of Digital Content

3.1 The Products are delivered exclusively in digital form. No physical items are shipped. Details of delivery are set out on our "Payment & Delivery" page, which forms part of these Terms.

3.2 Installation of the Products in your Shopify store is carried out by you following the instructions provided. Basic familiarity with the Shopify theme editor is assumed. We offer free installation support by email.

4. License and Permitted Use

4.1 Upon full payment, we grant you a non-exclusive, non-transferable, perpetual license to use the purchased Product in one (1) single Shopify store (identified by its unique Shopify store domain, i.e. one *.myshopify.com store).

4.2 One purchase corresponds to one store. If you wish to use the same Product in additional Shopify stores — including additional stores you own yourself — a separate license (i.e. a separate purchase) is required for each store.

4.3 Within the licensed store, you may modify, adapt, and customize the Product (including its code) for your own purposes.

4.4 You may not:
a) resell, sublicense, rent, lease, lend, give away, or otherwise distribute the Product or modified versions of it, whether for payment or free of charge;
b) include the Product in themes, templates, or other products offered for sale or distribution to third parties;
c) make the Product's source files publicly available (e.g. in public repositories);
d) remove or alter copyright or attribution notices contained in the files, where present.

4.5 Agencies and freelancers: If you install a Product on behalf of a client, the license is deemed granted to that client's store. A separate purchase is required for each client store. You may not reuse one purchase across multiple client projects.

4.6 All intellectual property rights in the Products remain with us. Only the rights of use expressly granted in these Terms are transferred.

4.7 In the event of a use exceeding the granted license, we reserve the right to charge for the additional licenses required and to assert further statutory claims.

5. Prices and Payment

5.1 All prices shown in the Store are total prices in [CURRENCY, e.g. EUR]. In accordance with § 19 UStG (German Value Added Tax Act — small business regulation), we do not charge VAT and therefore no VAT is shown.

5.2 The accepted payment methods and payment terms are set out on our "Payment & Delivery" page. Payment is due immediately upon conclusion of the contract.

6. Right of Withdrawal for Consumers

6.1 Consumers have a statutory right of withdrawal. The withdrawal instruction and the model withdrawal form are available on our "Right of Withdrawal" page: return.

6.2 Expiry of the right of withdrawal for digital content: The right of withdrawal expires for contracts for the supply of digital content not on a tangible medium if we have begun performance of the contract after you (i) have expressly consented to us beginning performance before the end of the withdrawal period, and (ii) have confirmed your knowledge that you lose your right of withdrawal upon the beginning of performance, and (iii) we have provided you with a confirmation of the contract (§ 356 (5) BGB).

6.3 For this purpose, the checkout process includes a checkbox with wording substantially as follows, which you must actively confirm before purchase:

"I expressly request and consent to the immediate delivery of the digital content before expiry of the withdrawal period. I am aware that I thereby lose my right of withdrawal upon delivery."

7. Conformity, Updates, and Defects (Consumers)

7.1 For consumers, the statutory provisions on contracts for digital products (§§ 327 et seq. BGB, implementing EU Directive 2019/770) apply.

7.2 The Products are provided as a one-time supply of digital content. We will provide updates, including security updates, that are necessary for the Product to remain in conformity with the contract for the period that the consumer can reasonably expect given the type and purpose of the Product (§ 327f BGB). We will inform you about available updates and how to install them via the email address provided at purchase.

7.3 The Products are developed and tested for Shopify themes based on Shopify's Online Store 2.0 architecture, as described in the respective product description. The product description states the theme(s) and Shopify features with which the Product has been tested. Compatibility with third-party apps, heavily customized themes, or theme versions not listed is not part of the agreed conformity unless expressly stated.

7.4 If the Product is defective, consumers are entitled to the statutory rights (subsequent performance, reduction of price, termination of contract, damages) under §§ 327d et seq. BGB.

7.5 For business customers, claims for defects are subject to a limitation period of 12 months from delivery, except in cases of intent, gross negligence, or injury to life, body, or health.

8. Customer Obligations

8.1 You are responsible for maintaining a backup of your theme before installing or modifying any Product. We strongly recommend duplicating your theme before installation.

8.2 You are responsible for ensuring that your Shopify plan and theme meet the requirements stated in the product description.

8.3 Code modifications you make to the Product are at your own risk. Defect claims do not extend to errors caused by your own modifications, third-party apps, or changes to your theme made after installation.

9. Liability

9.1 We are liable without limitation for damages arising from injury to life, body, or health, in cases of intent and gross negligence, under the German Product Liability Act, and to the extent of any guarantee we have given.

9.2 In cases of slightly negligent breach of essential contractual obligations (obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment the Customer regularly relies), our liability is limited to the foreseeable damage typical for this type of contract.

9.3 Any further liability is excluded.

9.4 The above limitations also apply in favour of our legal representatives and vicarious agents.

10. No Affiliation with Shopify

The Products are independent products developed by us. We are not affiliated with, endorsed by, or sponsored by Shopify Inc. "Shopify" is a trademark of Shopify Inc. You are responsible for your own compliance with Shopify's terms of service.

11. Dispute Resolution

11.1 The EU Online Dispute Resolution (ODR) platform was discontinued by the European Commission on 20 July 2025 and is no longer available.

11.2 We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board within the meaning of the German VSBG (Verbraucherstreitbeilegungsgesetz). [ALTERNATIVE if you want to participate: "We are willing to participate in dispute resolution proceedings before the following consumer arbitration board: Gianluca Schröder, Wilhelmshavener Str. 68, 404modules.com

12. Final Provisions

12.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers habitually resident in another EU member state, this choice of law does not deprive them of the protection of mandatory provisions of the law of their country of residence.

12.2 If the Customer is a merchant, a legal person under public law, or a special fund under public law, the exclusive place of jurisdiction is our registered office.

12.3 Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected.

Last updated: 22.08.2026