General terms and conditions with customer information
Table of Contents
2. Object of the contract
3. Conclusion of contract
4. Right of revocation
6. Delivery of the software
7. Granting of rights of use
8. Licensee's obligations to cooperate
9. Liability for defects
10. Applicable law
11. Place of jurisdiction
12. Alternative dispute resolution
1.1 These General Terms and Conditions (hereinafter "GTC") of Sven Geiß, trading under "GEISS Weblösungen" (hereinafter "Licensor"), apply to all contracts that a consumer or entrepreneur (hereinafter "Licensee") with the Licensor with regard to the Licensor software products presented in its online shop (hereinafter referred to as "software"). We hereby object to the inclusion of the licensee's own terms, unless otherwise agreed.
1.2 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity.
1.3 Entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of its commercial or independent professional activity.
2) Object of the contract
2.1 The subject of the contract is the transfer of the software offered by the licenser to the licensee in electronic form, by granting certain rights of use that are more precisely regulated in these terms and conditions.
2.2 The licensee does not acquire any intellectual property in the software. The source code of the software is not part of the software provided.
2.3 The respective product description in the licensor's online shop is decisive for the quality of the software provided by the licensor. The licensor does not owe any additional quality of the software.
2.4 The installation is not part of the contract. In this respect, the licensor refers to the installation instructions. This applies in particular to the hardware and software environment in which the software is used.
2.5 Unless otherwise stated in the licensor's product description, the licensee does not receive any additional support services such as updates to the software version (updates) or individual application support from the licensor.
3) Conclusion of contract
3.1 The software products described in the Licensor's online shop do not represent any binding offers on the part of the Licensor, but serve to submit a binding offer by the Licensee.
3.2 The licensee can submit the offer via the online order form integrated in the licensor's online shop. After placing the selected software in the virtual shopping cart and going through the electronic ordering process, the licensee submits a legally binding contract offer in relation to the software contained in the shopping cart by clicking the button that concludes the ordering process.
3.3 The licensor can accept the offer of the licensee within five days,
- by sending the licensee a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the licensee is decisive, or
- by leaving the ordered software to the licensee, whereby access by the licensee is decisive, or
- by requesting payment from the licensee after submitting his order.
If several of the aforementioned alternatives are available, the contract is concluded when one of the aforementioned alternatives occurs first. If the licensor does not accept the offer of the licensee within the aforementioned period, this is considered to be a rejection of the offer, with the result that the licensee is no longer bound by his declaration of intent.
3.4 The period for accepting the offer begins on the day after the offer has been sent by the licensee and ends at the end of the fifth day after the offer has been sent.
3.5 When submitting an offer via the licensor's online order form, the contract text is saved by the licensor after the contract is concluded and sent to the licensee in text form (e.g. email, fax or letter) after the order has been sent. The licensor will not make the contract text accessible beyond this. If the licensee has set up a user account in the licensor's online shop before submitting his order, the order data will be archived on the licensor's website and can be called up free of charge by the licensee via his password-protected user account, specifying the corresponding login data.
3.6 Before the binding submission of the order via the licensor's online order form, the licensee can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which is used to enlarge the display on the screen. The licensee can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
3.7 Only the German language is available for the conclusion of the contract.
3.8 Order processing and contacting usually take place via email and automated order processing. The licensee must ensure that the email address provided by him for order processing is correct so that emails sent by the licensor can be received at this address. In particular, when using SPAM filters, the licensee must ensure that all emails sent by the licensor can be delivered.
4) Right of revocation
Consumers generally have a right of revocation. Further information on the right of revocation can be found in the revocation policy of the licensor.
5.1 The licensor receives a flat-rate license fee for the transfer of the software, granting the necessary usage rights, the amount of which results from the respective product description.
5.2 The prices given by the licensor are total prices and include the statutory value added tax.
5.3 In individual cases, payments in countries outside the European Union may incur additional costs for which the licensor is not responsible and which are to be borne by the licensee. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees).
5.4 The licensee has various payment options available, which are specified in the licensor's online shop.
5.5 If prepayment has been agreed by bank transfer, payment is due immediately after the contract is concluded, unless the parties have agreed a later due date.
5.7 If the SEPA direct debit payment method is selected, the invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before the deadline for prior information has expired. The direct debit is collected when the ordered goods leave the licensor's warehouse, but not before the deadline for prior information has expired. Preliminary information ("Pre-Notification") is every notification (e.g. invoice, policy, contract) from the licensor to the licensee that announces a debit by means of SEPA direct debit. If the direct debit is not redeemed due to insufficient account funds or due to the provision of an incorrect bank account or if the licensee objects to the debit, although he is not authorized to do so, the licensee must bear the fees arising from the chargeback of the respective credit institution if he is responsible for this.
6) Delivery of the software
6.1 The licensor effects the delivery by providing the licensee with a digital copy of the software for downloading via the Internet. For this purpose, the licensor provides the licensee with a link via e-mail, via which the licensee can initiate the download of the digital copy and save the copy in a storage location chosen by him.
6.2 The time at which the software is made available online and this is communicated to the licensee is decisive for compliance with any delivery dates.
7) Granting of usage rights
7.1 The licensor grants the licensee a simple, unlimited, transferable right to use the software in the agreed hardware and software environment for private and / or business purposes.
7.2 The licensee is not granted an editing right.
7.3 The rental of the software is not permitted.
7.4 The licensee is forbidden to remove and / or change any existing copy protection.
7.5 The licensee undertakes to take appropriate technical and organizational measures to ensure that the intended use of the software is ensured.
7.6 The licensee is entitled to make a copy of the software for backup purposes. Duplication of the software, which is used for proper data backup, is part of the intended use.
7.7 If the licensee exercises his right to transfer the usage rights to a third party, he must impose his contractual obligations on the third party. The rights of use of the licensee expire with the transfer. All existing copies of the software must be deleted.
7.8 The granting of rights is in accordance with Section 158 (1) of the German Civil Code only becomes effective when the licensee has paid the full amount owed.
7.9 If the licensee seriously violates the agreed usage rights, the licensor can extraordinarily terminate the granting of the usage rights to the software concerned. This requires an unsuccessful warning with a reasonable deadline set by the licensor.
7.10 In the event of termination, the licensee is obliged to delete all existing copies of the software and to confirm this in writing to the licensor on request.
7.11 The other legal and contractual regulations remain unaffected.
8) Obligations of the licensee to cooperate
8.1 The licensee must inform himself about the essential functional features of the software and bears the risk whether it corresponds to his wishes and needs. The licensee is solely responsible for setting up a functional hardware and software environment that is sufficiently dimensioned for the software, taking into account the additional load caused by the software.
8.2 The licensee must observe the instructions given by the licensor regarding the installation and operation of the software.
8.3 The licensor recommends that the licensee take appropriate precautions in the event that the software does not work properly in whole or in part (e.g. through daily data backup, fault diagnosis, regular checking of the data processing results) and that he backs up his data appropriately before installing the software.
9) Liability for defects
If the software is defective, the provisions of the statutory liability for defects apply.
10) Applicable law
The law of the Federal Republic of Germany applies to all legal relationships of the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer is habitually resident.
11) Place of jurisdiction
If the customer acts as a merchant, a legal entity under public law or a special fund under public law based in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is entitled to call the court at the customer's registered office.
12) Alternative dispute resolution
12.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved.
12.2 The licensor is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
This is an automated translation from the German original terms and conditions, which is the only one legally binding.