TERMS OF SERVICE
1. Conclusion of a 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). As soon as the respective download product is posted on our website, we are making you a binding offer to conclude a contract under the conditions specified 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 your personal data and the terms of payment, all of the order data will then be displayed again on the order overview page.
1.3 The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.
1.4 Subsidiary agreements, changes and additions are only valid if we confirm them in writing. The same applies to the assurance of properties.
2. Prices, terms of payment
2.1 The goods are calculated according to the prices listed in the order, which are based on the currently valid price list.
2.2 The customer has to bear any price increases if the goods are delivered later than 6 months after the 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 Under the conditions of §§ 366, 367 BGB and in spite of the customer’s provisions to the contrary, we determine which claims are met by the customer’s payments.
2.5 The payment methods available to you are shown under a correspondingly labeled button on our website or in the respective offer.
2.6 Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
2.7 On this website we offer payment via PayPal, among other things. The provider of this payment service is PayPal (Europe) S.à.rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”). If you choose to pay via PayPal, the payment details you have entered will be transmitted to PayPal. The transfer of your data to PayPal is based on Art. 6 Para. 1 lit. a GDPR (consent) and Art. 6 Para. 1 lit. b GDPR (processing to fulfill a contract). You have the option of withdrawing your consent to data processing at any time. A revocation does not affect the effectiveness of data processing operations in the past.
3.1 We strive to meet the specified deadlines. Dates are only binding if they have been expressly agreed as such in writing.
3.2 In the event of deliberate or grossly negligent non-compliance with binding deadlines and the unsuccessful expiry of a grace period of 6 weeks to be set by the customer in writing, the customer can, provided he can prove that he has suffered damage as a result of the delay, compensation for delay of 0 for each completed month of the delay , 5 v. H. demand from the value of the part of the service that cannot be used due to late completion Compensation can be requested for a maximum of 5 months.
3.3 Any other compensation claims by the customer are excluded in all cases of delayed performance, even after the monthly period agreed in the previous paragraph has expired. This does not apply if liability is mandatory by law in cases of willful intent or gross negligence. The extended liability according to § 287 BGB is excluded.
3.4 The right of the customer to withdraw according to the statutory provisions instead of the right according to Section 3.2 remains unaffected.
4. Shipping conditions and right of withdrawal
4.1. The delivery conditions, the delivery date and any existing delivery
restrictions can be found under a corresponding button on our website or in the respective offer.
4.2 The customer can revoke his contract declaration within 14 days without giving reasons in writing (e.g. letter, fax, email). The period begins when the customer receives the goods, but at the earliest with receipt of this instruction. The timely dispatch of the cancellation or the goods is sufficient to meet the cancellation deadline. The revocation must be sent to:
Software license Express
+49 (0) 36461-9599905
4.3 Consequences of cancellation
If you cancel this contract, we have to repay all payments that we have received from you immediately and at the latest within fourteen days from the date on which we received the notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original
transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.
We can refuse repayment until we have received the goods back or you have provided evidence that you have not used the goods, whichever is earlier. You must return or hand over the goods to us immediately and in any case no later than fourteen days from the date on which you informed us of the cancellation of this contract. The deadline is met if you send the goods before the period of fourteen days has expired.
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 to check the nature, properties and functionality of the goods. Warranty and liability.
5. Statutory warranty rights
5.1 The statutory warranty rights apply.
5.2 As a consumer, you are requested to notify us of the completeness, obvious defects or possible deviations as soon as possible upon delivery. If you fail to do so, this has no effect on your statutory warranty claims.
5.3 The warranty period is one year from delivery of the goods.
5.4 The warranty does not apply if the customer has changes or adjustments made to the product.
5.5 Due to the aforementioned rights, the customer has no right of retention with regard to our claims that do not relate to the subject of the contract.
5.6 Claims for damages by the customer of any kind against us are excluded, in particular claims for compensation for consequential damage, such as B. Loss of data or lost profit, claims arising from impossibility, positive breach of contract and non-performance. This also applies in particular to the lack of software product properties specified by manufacturers. This does not apply if there is mandatory statutory liability in cases of willful intent, gross negligence or the lack of guaranteed properties.
6. Retention of title
6.1 We reserve title to the goods until all claims that we are entitled to from business relationships with the customer have been paid in full.
6.2 The assertion of the retention of title does not count as a withdrawal from the contract. However, after a reasonable period of time, we are entitled to otherwise dispose of the goods for which the retention of title has been asserted and to deliver the same or equivalent goods to the customer upon full payment of the purchase price.
6.3 If the customer is a reseller, he is entitled to resell the goods subject to retention of title in the normal course of business. In this case, the customer hereby assigns the claims to which he is entitled from the resale of the goods up to the amount of our outstanding claims as a precaution.
In the event of default in payment, the customer is obliged, upon our first request, to name the customer to whom he has sold our goods and who have not yet paid for them.
6.4 If third parties gain access to the goods subject to retention of title, the customer will point out that we are our property and notify us immediately. The customer bears costs and damages.
7.1 With the establishment of the business relationship, the customer’s data, which can also be personal data, are stored and, insofar as this is necessary for the execution of the order, processed and transmitted.
7.2 Should one or more of the above provisions be or become ineffective, the effectiveness of the others will not be affected. The ineffective provision is to be replaced by an effective one that realizes the economic purpose pursued with it as far as possible.
Windows & Office WS Store
+49 (0) 36461-9599905