AGB
GENERAL TERMS AND CONDITIONS
1. Conclusion of contract SOFTWARE
1.1 The subject of the contract is the sale of download products (digital content that is not delivered on a physical data carrier). Already by placing the respective download product on our website, we submit a binding offer to conclude a contract under the terms and conditions stated in the item description.
1.2 The contract is concluded via the online shopping cart system as follows:
The download products intended for purchase are placed in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page and entering the personal data as well as the payment terms, all order data will finally be displayed again on the order overview page.
1.3 The processing of the order and transmission of all information required in connection with the conclusion of the contract shall be carried out by e-mail, in part automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.
1.4 Subsidiary agreements, amendments and supplements shall only be valid if we confirm them in writing. The same applies to the assurance of properties.
1.5 The contractual language is German.
2. Prices, terms of payment
2.1 The goods shall be invoiced in accordance with the prices listed in the order, which are based on the price list valid at the time.
2.2 Any price increases shall be borne by the customer if the goods are delivered later than 6 months after conclusion of the contract as agreed or for reasons for which we are not responsible.
2.3 Unless otherwise stated, all prices include the applicable statutory value added tax.
2.4 Subject to §§ 366, 367 of the German Civil Code (BGB) and despite the customer's provisions to the contrary, we shall determine which claims are satisfied by the customer's payments.
2.5 The payment methods available to you are shown under a correspondingly designated button on our Internet presence or in the respective offer.
2.6 Unless otherwise specified in the individual payment methods, the payment claims arising from the concluded contract shall be due for payment immediately.
2.7 On this website we offer, among other things, payment via PayPal. The provider of this payment service is PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"). If you select payment via PayPal, the payment data you enter will be transmitted to PayPal. The transmission of your data to PayPal is based on Art. 6 para. 1 lit. a DSGVO (consent) and Art. 6 para. 1 lit. b DSGVO (processing for the performance of a contract). You have the option to revoke your consent to data processing at any time. A revocation does not affect the validity of past data processing operations.
3. Dates
3.1 We shall endeavor to meet the specified deadlines. Dates are only binding if they are expressly agreed as such in writing.
3.2 In the event of intentional or grossly negligent non-compliance with binding deadlines and in the event of fruitless expiry of a grace period of 6 weeks to be set by the customer in writing, the customer may, provided that it proves that it has suffered damage as a result of the delay, demand compensation for delay of 0.5 per cent of the value of the part of the performance that cannot be used due to untimely completion for each full month of the delay. Compensation may be claimed for a maximum of 5 months.
3.3 Other claims for compensation by the customer are excluded in all cases of delayed performance, even after expiry of the monthly period agreed in the preceding paragraph. This shall not apply insofar as liability is mandatory by law in cases of intent or gross negligence. The extended liability according to § 287 BGB is excluded.
3.4 The customer's right to withdraw from the contract in accordance with the statutory provisions instead of the right under section 3.2 shall remain unaffected.
4. Shipping conditions and right of withdrawal
4.1 The delivery conditions, the delivery date as well as any existing delivery restrictions can be found under a
button on our website or in the respective offer.
4.2 The customer may revoke his contractual declaration in writing (e.g. letter, fax, email) within 14 days without giving reasons. The period begins with the receipt of the goods by the customer, but at the earliest with the receipt of this instruction. The timely dispatch of the revocation or the goods is sufficient to comply with the revocation period. The revocation is to be addressed to:
Software License Express
Owner: Mr. Stephan Müller
Address: Wernher-von-Braun-Str. 16, 63303 Dreieich, Germany
VAT ID: DE269952674
HRA: Local Court Frankfurt am Main Commercial Register A No. 4198
Tel: +49 60748059891
Email: deutschland@softwarelizenzexpress.de
4.3 Consequences of revocation
If you withdraw from this contract, we must refund all payments we have received from you immediately and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original
transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may refuse repayment until we have received the goods back or you have provided proof that you have not used the goods, whichever is the earlier. You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.5. Warranty and Liability.
5. Statutory liability for defects
5.1 The statutory rights of liability for defects shall apply.
5.2 As a consumer, you are requested to immediately check the item for completeness, obvious defects or possible deviations as soon as possible upon delivery. If you do not comply with this, this has no effect on your statutory warranty claims.
5.3 The warranty period shall be one year from delivery of the goods.
5.4 The warranty shall not apply if the customer has changes or adjustments made to the product.
5.5 The customer shall have no right of retention with respect to our claims not relating to the subject matter of the contract due to its aforementioned rights.
5.6 Claims for damages of the customer of any kind against us are excluded, in particular claims for compensation for consequential damages, such as loss of data or loss of profit, claims arising from impossibility, positive breach of contract and for non-performance. This also applies in particular to the lack of properties of software products specified by the manufacturer. This does not apply insofar as liability is mandatory by law in cases of intent, gross negligence or the absence of warranted characteristics.
6. Retention of title
6.1 We retain title to the goods until full payment of all claims to which we are entitled from business relations with the customer.
6.2 The assertion of the reservation of title shall not be deemed a withdrawal from the contract. However, we shall be entitled, after a reasonable period of time, to otherwise dispose of the goods for which the reservation of title has been asserted and, upon full payment of the purchase price, to supply the customer with the same or equivalent goods.
6.3 If the customer is a reseller, he shall be entitled to resell the goods subject to retention of title in the ordinary course of business. In this case, the customer hereby assigns by way of security the claims to which it is entitled from the resale of the goods up to the amount of our outstanding claims.
In the event of default in payment, the customer is obliged to name his customers to whom he has sold our goods and who have not yet paid for them, at our first request.
6.4 In the event of access by third parties to the goods subject to retention of title, the customer shall point out our ownership and notify us immediately. Costs and damages shall be borne by the customer.
7. Other
7.1 Upon the establishment of the business relationship, data of the customer, which may also be personal data, shall be stored and, to the extent necessary for the execution of the order, processed and transmitted.
7.2 Should one or more of the above provisions be or become invalid, this shall not affect the validity of the remaining provisions. The ineffective provision shall be replaced by an effective one which realizes the economic purpose pursued with it as far as possible.
8. Place of jurisdiction
If the customer is a fully qualified merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction shall be Frankfurt Local Court or Frankfurt Regional Court.
Software License Express
Owner: Mr. Stephan Müller
Address: Wernher-von-Braun-Str. 16, 63303 Dreieich, Germany
VAT ID: DE269952674
HRA: Local Court Frankfurt am Main Commercial Register A No. 4198
Tel: +49 60748059891
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