Terms and Conditions
§ 1 Scope of Application
(2) A Consumer in the sense of these GTC is any natural person who enters into a legal transaction for a purpose that is predominantly neither commercial nor their independent professional activity (§ 13 BGB).
(3) Deviating conditions named by the Customer are not recognized. Anything else shall only apply if the Seller expressly agrees to their validity.
§ 2 Offers and Service Descriptions
(1) The presentation of the products in the online store represents an invitation to place an order and is not a legally binding offer. Performance descriptions in addition to the offered products do not have the character of an assurance or guarantee.
(2) The Seller reserves the right to make errors on the website.
§ 3 Order Process and Conclusion of Contract
(1) The Customer can select products from the range of products displayed on the website without obligation to the Seller and then order them from the Seller via the online store.
(2) The Customer must register for this purpose on the Seller’s website and can then place the products in the shopping cart, select the license and number of workstations and then continue with the ordering process. After completion of the order, the purchased product can be downloaded directly.
(3) After completion of the ordering process, the Customer will receive an automatic confirmation by e-mail, in which his/hers order is listed again and which can be printed out by using the “Print” function (order confirmation). The Customer expressly agrees to the sending of this email, as well as further emails from the Seller, which are directly related to the purchase. The purchase contract is concluded when the Seller provides the Customer with the ordered product. In this email the Customer is also provided with a download link, which is valid for 30 days. Should the 30-day period be exceeded, the Customer must contact the Seller directly, who will make the product available to him again.
§ 4 Prices
All prices, which are indicated on the website of the Seller, are in Euro and exclude the respective valid legal value-added-tax.
§ 5 Payment Process
(1) The Customer can choose from the available payment methods within and before the completion of the order process.
(2) If third-party providers, such as Stripe, are commissioned with the payment processing, their General Terms and Conditions of Business shall apply accordingly.
(3) If the due time for payment of the purchase price is determined according to the calendar, the Customer is already in dereliction by missing this date and must pay the corresponding legal default charges. The Seller reserves the right to claim further damages caused by delay in addition to the default charges.
§ 6 Offset
The Customer is only entitled to the right to offset if his counterclaims are legally established or recognized by the Seller. The Customer can only exercise a right of retention if the claims result from the same contractual relationship.
§ 7 Prohibition of Assignment and Pledging
The assignment or pledging of claims or rights to which the Customer is entitled against the Seller is excluded without the consent of the Seller, unless the Customer proves a justified interest in the assignment or pledging.
§ 8 Warranty for material defects and guarantee
(1) The Customer’s warranty rights are based on the general legal regulations, unless otherwise provided for below.
(2) The limitation period for warranty claims of the Customer is two years for consumers. For entrepreneurs, the period of limitation is one year. The above shortening of the limitation periods does not apply to claims for damages by the Customer due to injury to life, body, health and for claims for damages due to a breach of fundamental contractual obligations. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract, e.g. the Seller has to provide the Customer with the item free of material defects and defects of title and has to procure the right to use it. The above shortening of the limitation periods shall also not apply to claims for damages based on an intentional or grossly negligent breach of duty by the Seller, its legal representatives or vicarious agents. The right of recourse in accordance with § 478 BGB (German Civil Code) is also excluded from the shortening of the limitation periods with respect to entrepreneurs.
(3) The Seller does not provide a guarantee.
§ 9 Liability
(1) The following exclusions and limitations of liability shall apply to any liability of the Seller for damages, notwithstanding any other legal requirements for claims:
(a) The Seller shall have unlimited liability if the cause of damage is based on intent or gross negligence.
(b) Furthermore, the Seller shall be liable for slightly negligent breaches of material obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the Customer regularly relies. In this respect, however, the Seller shall only be liable for foreseeable damage typical for the contract. However, the Seller shall not be liable for the slightly negligent breach of duties other than those mentioned in the preceding sentences.
(2) The above limitations of liability shall not apply in the event of injury to life, body or health, for a defect after the assumption of a guarantee with regard to the quality of the product and for fraudulently concealed defects.
(3) Liability under the Product Liability Act remains unaffected.
(4) Insofar as the Seller’s liability is excluded or limited, this shall also apply to the personal liability of his employees, representatives and vicarious agents.
§ 10 Copyright and ownership
The Seller retains the copyright to the products even after they have been made available. In this respect the Customer only acquires a permanent right of use. In this respect, reference is made to the separate usage agreement of the Seller.
§ 11 Storage of the contract text
By clicking on the button “Terms and Conditions” on the Seller’s website, the Customer can print out the text of the contract before placing the order.
§ 12 Right of withdrawal
The Customer has the right to revoke the contract concluded with the Seller within fourteen days without giving reasons. The revocation period is fourteen days from the day on which the Customer or a third party named by him has taken possession of the goods.In order to exercise the right of revocation, the Customer must inform the Seller of his decision to revoke the contract by means of a clear statement (e.g. a letter, fax or e-mail or by post). In order to comply with the revocation period, it is sufficient for the Customer to send the notification of the exercise of the right of revocation before the end of the revocation period.
Consequences of the revocation
If the Customer revokes the contract with the Seller, the Seller shall reimburse the Customer for all payments received from the Customer without delay and at the latest within fourteen days from the day on which the Seller received notification of the revocation of this contract. For this repayment, the Seller shall use the same payment method as the Customer used for the original transaction, unless expressly agreed otherwise with the Customer; in no event shall the Customer be charged for this repayment.The Customer is no longer entitled to use the products purchased from the Seller after declaration of revocation. The purchased software must be deleted from its devices.
§ 13 Data protection
(1) The Seller processes personal data of the Customer for the intended purpose and in accordance with the legal regulations.
(2) When visiting the Seller’s website, the IP address currently used by the Customer’s PC, the date and time, the browser type and operating system of this PC and the pages viewed by the Customer are logged. Conclusions on personal data are not possible with this and are not intended.
(3) The personal data of the Customer provided for the purpose of the order will be used by the Seller to fulfill and process the contract. This data is treated with absolute confidentiality and is not passed on to third parties, unless they are involved in the ordering, delivery or payment process.
(4) Upon request, the Customer can receive information free of charge about the personal data stored about him/her by the Seller. In addition, he/she has the right to correct incorrect data and to have his/her personal data blocked or deleted, insofar as there is no legal obligation to retain data.(5) Further information on data protection can be found in the separate data protection declaration of the Seller, which is available on the Seller’s website.
§ 14 Consumer Dispute Settlement
The Seller is neither willing nor obliged to participate in a dispute settlement procedure before a consumer arbitration board. This does not affect the European Dispute Settlement Body, which the Customer can reach at any time at http://ec.europa.eu/consumers/odr/.
§ 15 Place of jurisdiction and applicable law
(1) The contractual relationship between the Seller and the Customer shall be governed by the laws of the Federal Republic of Germany. Excluded from this choice of law are the mandatory consumer protection regulations of the country in which the Customer has his habitual residence. The application of the UN Sales Convention is excluded. (2) The place of jurisdiction for all disputes arising from the contractual relationship between the Customer and the Seller is the Seller’s registered office, if the Customer is a merchant, a legal entity under public law or a special fund under public law.
§ 16 Severability Clause
Should any provision of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall not be affected.