Table of contents
- scope
2. Conclusion of contract
3. Subject of the contract
4. Granting of rights in a contract for the delivery of software
5. Granting of rights in a contract for the temporary transfer of software
6. Customer Obligations
7. Right of Withdrawal
8. Prices and terms of payment
9. Terms of delivery and shipping
10. Retention of Title
11. Warranty for contracts in accordance with sections 3.2, 3.3 a) and 3.4
12. Warranty for contracts according to Section 3.3 b)
13. Guarantee conditions “100% money back guarantee”
14. Liability for other breaches of duty
15. Redeeming Promotional Vouchers
16. Mentioned for reference
17. Final Provisions
1) Scope
1.1 These general terms and conditions (hereinafter "GTC") of licence-cheaper.de (hereinafter "seller") apply to all contracts between the seller and a contractual partner (hereinafter "customer") for the sale, delivery and temporary transfer of various digital content, digital goods and non-digital goods (collectively "Goods"). Insofar as the seller also offers services, he provides these exclusively as an ancillary service to the aforementioned purchase contracts. Deviating, conflicting or supplementary general terms and conditions of the customer only become part of the contract if and to the extent that the seller has expressly agreed to their validity. A tacit acceptance of the customer's general terms and conditions by conclusive behavior by the seller is excluded. This requirement for consent applies in any case, for example even if the seller provides services to the customer without reservation and is aware of his general terms and conditions.
1.2 These GTC apply both to consumers (§ 13 BGB) and to entrepreneurs (§ 14 BGB). If the following terms and conditions do not contain a separate note, all conditions apply equally to contracts with entrepreneurs and consumers. If individual conditions do not apply to consumers or only apply in a modified form, this is expressly stated.
1.3 These conditions also apply to future contractual relationships between the customer and the seller if the customer is an entrepreneur.
1.4 Digital content within the meaning of these GTC is all digital offers with the exception of digital goods, such as digitally available access codes, product keys or other digitally available information.
1.5 Digital goods within the meaning of these GTC are all software that is not on a physical data carrier and that is made available for download by the seller - possibly with the granting of certain rights of use in accordance with Sections 5 and 6.
1.6 Non-digital goods within the meaning of these General Terms and Conditions are all software on a physical data carrier that are sold in physical form by the seller - possibly with the granting of certain rights of use in accordance with Sections 5 and 6 - as well as other physical products.
1.7 The Seller operates an online shop via its own website (hereinafter "Online Shop"). In addition, the seller also sells products via various marketplaces, such as ebay.de, rakuten.de or rueducommerce.fr (hereinafter individually “Marketplace” and collectively “Marketplaces”).
1.8 By submitting the order in accordance with Section 2.2, the customer agrees to these General Terms and Conditions.
2) Conclusion of contract
2.1 In the case of a purchase via the seller's online shop, the contract is not concluded when the customer places the order. Rather, the customer's order represents the submission of an offer to conclude a contract. The prices, price offers and descriptions of goods or other services listed and mentioned in the seller's online shop do not constitute an offer.
2.2 In the case of a purchase via one of the marketplaces, the contract is concluded when the customer places the order.
2.3 Before submitting the binding order, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.4 In the case of a purchase via the online shop, the order confirmation does not represent acceptance of the customer's offer by the seller. In this case, a contract between the seller and the customer only comes about through a further action by the seller in accordance with Section 2.5.
2.5 The seller can accept the customer's offer within five days by
- a) delivers the ordered goods to the customer himself or via a trading partner (e.g. Amazon EU S.à.rl), whereby receipt of the goods by the customer is decisive, or
- b) by asking the customer to pay in a separate communication after placing his order. This also includes the selection of a payment method in the ordering process, through which payment is made before the ordered goods are shipped.
If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first.
2.6 The period for accepting the offer according to Section 2.5 begins on the day after the customer has sent the offer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.7 Only the German language is available for the conclusion of the contract.
2.8 If the customer provides an e-mail address to process the contract, the customer must ensure that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that they are properly configured so that the e-mails sent by the seller or by third parties commissioned by the seller to process the order can be delivered. The seller or the third party commissioned by him to process the order will create the e-mails in such a way that their external appearance, in particular their text sample profile, is not objectively suitable for giving the appearance of a spam message.
3) Subject of the contract
3.1 The seller makes goods available to the customer. The seller provides services only as an ancillary service to contracts for the delivery of goods. The agreed quality of the service is decisive. When providing its services, the seller uses its own employees, subcontractors or other agents at its discretion.
3.2 In the case of a contract for the delivery of non-digital goods, the basis of the seller's performance is the description given in the seller's online shop or the respective marketplace. Reference is made to the regulations on retention of title in accordance with Section 10. In the case of a contract for the delivery of software (hereinafter: "software purchase"), the seller owes the permanent transfer of the software specified in the license certificate. The seller owes the provision of a copy of the software on a suitable data medium such as a CD-ROM, BluRay disc or a USB stick as well as the provision of a printed or downloadable version of the associated user documentation. Before the purchase price has been paid in full in accordance with Section 8, all data carriers and the handed over user documentation are subject to the seller's retention of title. The respective product description in the online shop or the respective marketplace of the seller is decisive for the nature of the software. The seller also owes the granting of rights in accordance with Section 4;
3.3 In the case of a contract for the delivery of digital goods, the seller owes
- a) in the case of a contract for the delivery of software (hereinafter: "software purchase"), the permanent transfer of the software specified in the license certificate in object code. The seller is responsible for pointing out the possibility of downloading the software and providing a printed or downloadable version of the associated user documentation. Before the full payment of the purchase price according to Section 8, the handed over user documentation is subject to the seller's retention of title. The respective product description in the online shop or the respective marketplace of the seller is decisive for the nature of the software. The seller also owes the granting of rights in accordance with Section 4;
- b) in the case of a contract for the temporary transfer of software (hereinafter: "software rental"), the temporary transfer of the software specified in the license certificate in the object code. The seller is responsible for pointing out the possibility of downloading the software and providing a printed or downloadable version of the associated user documentation. Before the full payment of the purchase price according to Section 8, the handed over user documentation is subject to the seller's retention of title. The respective product description in the online shop or the respective marketplace of the seller is decisive for the nature of the software. The seller also owes the granting of rights in accordance with Section 5;
3.4 In the case of a contract for the delivery of digital content, the seller is responsible for making the digital content available. The use of the digital content sent to the customer is subject to the terms of use of the respective provider provided for use. The use of the digital content is subject to the condition precedent that the purchase price has been paid in full in accordance with Section 8. The seller can also provisionally allow use before this point in time.
3.5 The seller owes services exclusively as a contractual or post-contractual ancillary service to the aforementioned main service obligations and only after separate agreement with the customer.
3.6 Clause 9 applies to the delivery of the respective subject matter of the contract.
3.7 If the seller is prevented from performing its contractual services or is completely excluded from it because the customer's employees, documents, data or equipment are not available in an appropriate or insufficient manner or the customer has failed in his duty to cooperate, including meeting deadlines counts, is not fulfilled intentionally or negligently, the seller is entitled to charge the customer for the additional costs caused by this.
3.8 If the customer is an entrepreneur, the right to timely and correct self-delivery remains reserved, insofar as the seller is not responsible for untimely and incorrect self-delivery.
4) Granting of rights in a contract for the delivery of software
4.1 This Section 4 applies exclusively to contracts for the purchase of software in accordance with Section 3.2 and 3.3 a).
4.2 Upon full payment of the purchase price, the customer receives a non-exclusive, perpetual right to use the goods to the extent granted in the contract. The seller can provisionally allow the goods to be used even before this point in time. The goods may only be used simultaneously by a maximum of the number of natural persons that corresponds to the goods purchased by the customer. Permitted use includes installing the software, loading it into the main memory and using it as intended by the customer. Under no circumstances does the customer have the right to rent or sublicense the purchased goods, to reproduce them publicly or make them accessible via wire or wireless, or to make them available to third parties for a fee or free of charge. Clause 4.5 remains unaffected.
4.3 The customer is entitled to create a backup copy of the software if this is necessary to secure future use.
4.4 The customer is only entitled to decompile and reproduce the software insofar as this is provided for by law. However, this only applies under the condition that the seller has not made the necessary information available to the customer within a reasonable period of time upon request.
4.5 The customer is entitled to permanently transfer the purchased copy of the software to a third party by handing over the documentation. In this case he will give up the use of the software completely, remove all installed copies of the software from his computers and delete all copies on other data carriers or hand them over to the seller, unless he is legally obliged to keep them for a longer period of time. At the request of the seller, the customer will confirm in writing that the measures mentioned have been carried out in full or, if necessary, explain the reasons for longer storage. Furthermore, the customer will expressly agree with the third party to observe the scope of the granting of rights in accordance with this clause 4. Splitting purchased volume packages is not permitted.
4.6 If the customer uses the software to an extent that exceeds the rights of use acquired with the goods in terms of quality (in terms of the type of use permitted) or quantity (in terms of the number of users), he shall immediately purchase necessary further goods. If he fails to do so, the seller will assert the rights to which he is entitled.
4.7 Copyright notices, serial numbers and other features serving to identify the program may not be removed from the software or changed.
5) Granting of rights in a contract for the temporary transfer of software
5.1 This Section 5 applies exclusively to contracts for the temporary transfer of software in accordance with Section 3.3 b).
5.2 Upon full payment of the purchase price in accordance with Clause 8, the customer receives the non-exclusive, non-transferable and non-sublicensable right to use the goods to the extent granted in the contract and the license certificate, which is limited to the term of the contract. The seller can provisionally allow the goods to be used even before this point in time. The duration of the limited term of the contract is determined according to the information in the online shop or the respective marketplace of the seller or the selection made by the customer before concluding the contract. Permitted use includes installing the software, loading it into the main memory and using it as intended by the customer. Under no circumstances does the customer have the right to rent or sublicense the purchased goods, to reproduce them publicly or make them accessible via wire or wireless, or to make them available to third parties for a fee or free of charge.
5.3 The customer is entitled to create a backup copy of the software if this is necessary to secure future use.
5.4 The customer is only entitled to decompile and reproduce the software insofar as this is provided for by law. However, this only applies under the condition that the seller has not made the necessary information available to the customer within a reasonable period of time upon request.
5.5 The customer is not entitled to reproduce the software beyond the cases specified in Sections 5.1 to 5.3.
5.6 The customer is not entitled to give third parties the copy of the software that may have been handed over to him or any further copies that may have been created. In particular, he is not permitted to sell, lend, rent or sublicense the software or to publicly reproduce or make the software accessible.
5.7 If the customer violates any of the above provisions, all rights of use granted under this contract will become ineffective immediately and automatically revert to the seller. In this case, the customer must immediately and completely stop using the software, delete all copies of the software installed on his systems and delete any backup copy(s) created or hand them over to the seller.
6) Customer Obligations
6.1 The customer is obliged to take suitable measures to protect the goods against access by unauthorized third parties, in particular to keep all copies of digital content in a protected place, unless otherwise stated in the contract, any license certificate or any user documentation .
6.2 The customer must name a contact person whose declarations, insofar as they serve to process the contract, and actions are binding for the customer. This regulation does not apply to consumers.
6.3 The customer must inform the seller before and during the execution of the contract of all circumstances and processes relevant to the execution of a contract that are necessary and decisive for the preparation and execution of the contract. This regulation does not apply to consumers.
6.4 The customer is obliged to support the seller in the execution of the contract to the best of his knowledge and belief and to create all the necessary conditions for the proper execution of the contract. In particular, the customer undertakes to provide the seller with all documents, data and information required to fulfill contractual obligations in the required form. This also includes the customer informing employees in good time about forthcoming deliveries or other services provided by the seller.
7) Right of Withdrawal
7.1 Consumers have a right of withdrawal.
7.2 Further information on the right of cancellation can be found in the seller's cancellation policy. Available at: https://licensesprice.de/pages/widerrufbelehrung or in the respective marketplace of the seller.
8) Prices and terms of payment
8.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.
8.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfers by banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
8.3 The payment option(s) will be communicated to the customer in the seller's online shop or respective marketplace.
8.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
8.5 When paying using a payment method offered by the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), the payment is processed via PayPal, subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the conditions for payments without a PayPal account , available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
8.6 If you select the "SOFORT transfer" payment method, the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to be able to pay the invoice amount via SOFORT, the customer must have an activated online banking account with PIN/TAN procedure for participation in SOFORT, identify themselves accordingly during the payment process and confirm the payment order to SOFORT. The payment transaction is carried out immediately afterwards by SOFORT and the customer's bank account is debited. The customer can call up more detailed information on the SOFORT transfer payment method on the Internet at https://www.sofort.com/ger-DE/kaeufer/su/so-funktioniert-sofort-ueberweisung/.
8.7 If you select the purchase on account payment method, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The default regulation of § 286 paragraph 3 BGB remains unaffected. The seller reserves the right to only offer the purchase on account payment method up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in his payment information in the online shop or the seller's respective marketplace.
8.8 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 the advance information has expired. In the case of a purchase via a seller's marketplace, the direct debit is collected when the order is placed. The direct debit is collected in the case of a purchase via the seller's online shop when the ordered goods leave the seller's warehouse and the customer has been informed of a download link or a product key has been sent by e-mail, whereby it is in each case dependent on the dispatch of the notice or email from the seller arrives, but not before the expiration of the pre-notification period. Pre-information ("Pre-Notification") is any communication (e.g. invoice, policy, contract) from the seller to the customer that announces a debit using SEPA direct debit. If the direct debit is not redeemed due to insufficient funds in the account or because incorrect bank details have been provided, or if the customer objects to the debit although he is not entitled to do so, the customer must bear the fees incurred by the respective bank if he is responsible for this .
8.9 If the credit card payment method is selected, the charge will be made upon completion of the order.
8.10 If the payment method “Amazon Pay” is selected, the payment is made via the payment service provider Amazon Payments Europe sca 38 avenue JF Kennedy, L-1855 Luxembourg (hereinafter “Amazon Pay”) using the payment information stored in the customer’s Amazon account, subject to the Conditions for payments via Amazon Pay, available at https://pay.amazon.de/help/201751590?ld=NSGoogle.
8.11 When paying using a payment method offered by the payment service provider Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, (hereinafter "Klarna"), payment is made to Klarna in accordance with the following conditions:
- Invoice: The payment period is 14 days from the dispatch of the goods. The billing conditions can be viewed at https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee%3D0. Immediate transfer: The customer's account is debited immediately after the order is placed.
- Installment purchase: With Klarna's financing service, the customer's purchase can be paid flexibly in monthly installments of at least 1/24 of the total amount (but at least EUR 6.95) or under the conditions otherwise specified in the ordering process. The installment payment is due at the end of the month after Klarna has sent a monthly invoice. Further information on hire purchase including the general terms and conditions and the European standard information for consumer credit can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/account.
The use of the payment methods invoice and installment purchase requires a positive credit check. Further information and Klarnas user conditions can be viewed at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user.
8.12 The offsetting of the customer's counterclaims against the seller's claims is excluded, unless the seller has recognized the counterclaim or it has been legally established. The buyer's right of retention is also limited to such counterclaims.
8.13 In the event of default in payment, the seller is entitled to charge the customer default interest of 9% above the applicable base interest rate. If payment is not made on time, the seller is entitled, despite a reminder, to demand from the customer the dunning and collection fees required for appropriate legal prosecution for the collection institutes and lawyers engaged by the seller. In the case of collection agencies, these are based on the statutory calculation rates of the collection agencies, and in the case of lawyers, according to the Lawyers' Fees Act. If the seller operates the dunning process himself, the customer undertakes to pay an amount of EUR 1.50 per reminder. This does not apply to a reminder that justifies the delay. The customer reserves the right to prove that the seller suffered less damage. This regulation does not apply to consumers.
8.14 Customers not resident in the Federal Republic of Germany can purchase at a net price if they state their valid sales tax identification number in the order. A sales tax identification number communicated after placing the order will not be taken into account.
9) Delivery and shipping conditions
9.1 Goods are delivered to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller's order processing is decisive.
9.2 If the transport company sends the shipped goods back to the seller because delivery to the customer was not possible, the customer bears the costs for the unsuccessful shipment. This does not apply if the customer effectively exercises his right of cancellation, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the service offered, unless the seller announced the service a reasonable amount of time in advance.
9.3 Collection by the customer is not possible for logistical reasons.
9.4 Digital content is made available to the customer in electronic form as a download by providing a download link. Product keys are emailed to the customer.
10) Retention of title
10.1 Delivered non-digital goods remain the property of the seller (retention of title) until the seller’s purchase price claim has been paid in full.
10.2 The customer is obliged to keep the non-digital goods safe for the seller and to treat them with care. By storing the goods, for example by separating them from other stocks, he must make it clear that the goods are the property of the seller. This regulation does not apply to consumers.
10.3 In the event of attachments or other interventions by third parties, the customer must inform the seller immediately in writing.
10.4 The customer is entitled to resell the non-digital goods in the ordinary course of business, but not to assign or pledge them as security. He already assigns to the seller all claims in the amount of the final invoice amount (including sales tax) of the seller's claims that accrue to him from the resale to his customers or other third parties. The assignment serves to secure the relevant claim to the same extent as the retention of title according to Section 10.1. of these conditions. The customer remains authorized to collect these claims even after assignment. However, the seller is entitled to collect the claims himself if the customer does not meet his payment obligations, defaults on payment, an application is made to open insolvency proceedings or the customer stops making payments. In these cases, the seller may revoke the authorization to collect. The seller can also demand that the customer immediately informs the seller of the assigned claims and their debtors, provides the seller with a written declaration of assignment and all the information and documents required to collect the claim. This regulation does not apply to consumers.
10.5. If the non-digital goods delivered by the seller are connected or mixed with other moveable items in such a way that they become essential components of a single item, the customer transfers proportionate co-ownership of the single item to the seller. The customer hereby assigns to the seller all claims in the amount of the final invoice amount (including sales tax) of the seller's claims that accrue to him from the resale of items to which the seller is entitled to co-ownership; The seller accepts this assignment. The regulations in clause 10.4 sentence 3 et seq. apply accordingly. This regulation does not apply to consumers.
10.6 If the customer uses the non-digital goods delivered by the seller in such a way that they become part of a new thing and the seller's ownership is thereby finally lost, the seller's ownership continues with a pro rata relationship to the manufactured product. The customer hereby assigns to the seller all claims in the amount of the final invoice amount (including sales tax) of the seller's claims that accrue to him from the resale of the product against his customers or other third parties. The regulations in section 8.4 sentence 3 et seq. apply accordingly. This regulation does not apply to consumers.
10.7 If the securities to which the seller is entitled exceed the secured claims by more than 20%, the seller is obliged to release the seller at the request of the customer because the securities exceed the aforementioned limit.
11) Warranty for contracts in accordance with sections 3.2, 3.3 a) and 3.4
11.1 The provisions of this clause 11 apply to contracts in accordance with clauses 3.2, 3.3 a) and 3.4.
11.2 Claims against the seller for material defects become statute-barred within one year after the transfer of risk, provided the item or work is newly manufactured. This does not apply if the law prescribes longer periods in accordance with § 438 paragraph 1 number 2 (buildings and items for buildings), § 445b paragraph 1 (right of recourse) and § 634a paragraph 1 number 2 (construction defects) BGB. This regulation does not apply to consumers.
11.3 In the case of the delivery of used goods, any rights to material defects are excluded, subject to statutory provisions and other agreements. This regulation does not apply to consumers.
11.4 All information about the goods, regardless of whether they have been expressly agreed in writing or not, are quality information and not guarantees, assured properties, contractually required uses or the like. Obvious inaccuracies (spelling errors, calculation errors, formal errors, etc.) in notes, logs, operating instructions, calculations, brochures, in the seller's online shop, etc. can be corrected by the seller at any time. A claim for the elimination of such obvious defects is excluded.
11.5 The statutory inspection and notification obligations in accordance with § 377 of the German Commercial Code (HGB) apply to merchants in any case for deliveries by the seller. If a delivery is made directly to a consumer on behalf of an intermediary, the commercial law obligation to give notice of defects also applies without restriction. This regulation does not apply to consumers.
11.6 If the customer rejects the seller's delivery for a reason other than a significant defect that severely restricts use or makes it impossible, although the seller has declared its readiness to perform, the customer is in default of acceptance. Acceptance of the delivery may not be refused due to insignificant defects.
11.7 Defects are excluded from the warranty which are due to improper operation, system components modified contrary to the contractual basis, use of unsuitable organizational means, use in a hardware or software environment that does not meet the requirements specified in the license certificate, unusual operating conditions or system interventions by the customers or third parties. If goods are used in connection with third-party devices, there is only a guarantee for functional and performance defects if such defects also occur without such a connection or if compatibility with these items is part of the contractually agreed quality.
11.8 If a delivery is defective, the seller can choose to remedy the defect by eliminating the defect (rectification) or by delivering a defect-free item (replacement delivery). In the latter case, the customer is obliged to return defective goods at the request of the seller in accordance with the statutory provisions. If the customer is a consumer, the above sentence applies with the proviso that uses are not to be surrendered or replaced by their value. The customer has to give the seller time and opportunity for supplementary performance, in particular for rectification.
11.9 The seller shall bear the expenses required for the purpose of testing and supplementary performance, in particular transport, travel, labor and material costs in accordance with the statutory provisions if there is actually a defect. In the event of an unjustified request for rectification of defects by the customer, the seller is entitled to demand reimbursement of its subsequent performance costs, unless the customer is not responsible for the inaccurate notice of defects. If the supplementary performance fails, the seller finally and seriously refuses the supplementary performance (also in accordance with § 439 Paragraph 4 BGB), if the supplementary performance is unreasonable for the customer or if a case of § 323 Paragraph 2 BGB is present, the customer can withdraw from the contract without prejudice to any claims for damages withdraw or reduce the consideration.
11.10 Claims and rights of the customer due to defects do not exist in the case of only insignificant deviations from the agreed quality, in the case of only insignificant impairment of usability, in the case of natural wear and tear or damage, insofar as these are due to incorrect or negligent handling or storage, excessive stress, unsuitable operating resources or special external influences that were not provided for in the contract. If the customer is entitled to continue to demand subsequent performance on the one hand and to assert the statutory rights to which he is entitled instead due to the failure of subsequent performance, the seller can request the customer to exercise his rights within a reasonable period of time. The customer must inform the seller of his decision in text form (e.g. e-mail, fax or letter). The receipt of the customer's declaration by the seller is decisive for compliance with the deadline. If the customer does not exercise his rights in a timely manner, he can only assert these, in particular the right to withdraw from the contract or compensation for damages instead of performance, if another reasonable period of time for supplementary performance to be determined by him has expired without success. This regulation does not apply to consumers.
11.11 Recourse claims of the customer against the seller according to § 445a BGB only exist insofar as the customer has not made any agreements with his customer that go beyond the statutory claims for defects. This regulation does not apply to consumers.
11.12 The shortened statute of limitations and the exclusion of liability according to this clause 11 do not apply in cases of intentional or negligent injury to life, limb or health, in the case of an intentional or grossly negligent breach of duty by the seller, in the case of fraudulent concealment of a defect a relevant guarantee of quality or claims under the Product Liability Act.
11.13 Insofar as the seller delivers updates, upgrades, new program versions or other new content for the original subject matter of the contract under this contract, this clause 11 shall apply accordingly.
11.14 In the event of defects in title, the provisions of this clause 11 shall apply accordingly.
12) Warranty for contracts according to Section 3.3 b)
12.1 The provisions of this clause 12 apply to contracts in accordance with clause 3.3 b).
12.2 The customer is entitled to the statutory rights in the event of material defects. The customer is obliged to notify the seller of any material defects immediately.
12.3 The right of the customer to extraordinary termination due to non-granting of the contractual use according to § 543 Para. 2 Sentence 1 No. 1 BGB is excluded. This does not apply if it is a defect that the seller has fraudulently concealed or in the case of late delivery to the customer if the seller is responsible for the delay in delivery.
12.4 Claims and rights of the customer due to defects do not exist if he uses the software improperly or improperly, if he modifies or changes the software without the prior written consent of the seller, or if problems or errors are due to the fact that the software is in a hardware or software environment that does not meet the requirements specified in the license certificate, unless he can prove that the defect is due to the software.
12.5 Claims and rights of the customer due to defects do not exist in the case of only insignificant deviations from the agreed quality, in the case of only insignificant impairment of usability, in the case of natural wear and tear or damage, insofar as these are due to incorrect or negligent handling or storage, excessive stress, unsuitable operating resources or special external influences that were not provided for in the contract.
12.6 The exclusion of liability according to this Section 12 does not apply in cases of intentional or negligent injury to life, limb or health, in the case of an intentional or grossly negligent breach of duty by the seller, in the case of fraudulent concealment of a defect, in the case of a relevant guarantee the quality or in the case of claims under the Product Liability Act.
12.7 Insofar as the seller delivers updates, upgrades, new program versions or other new content for the original subject matter of the contract under this contract, this clause 12 shall apply accordingly.
12.8 In the event of defects in title, the provisions of this Section 12 shall apply accordingly.
13) Guarantee conditions "100% money back guarantee"
The guarantee is limited to 3 years from the invoice date. Excluded from this are products with a limited term. For such products, the guarantee is limited to the term of the product. Upon proof that the product was purchased from the seller and against written confirmation that the product will no longer be used and has not been passed on to third parties, 100% of the price paid will be refunded without giving any reason. Repayment will be made 14 days after receipt of proof and confirmation from the seller. This guarantee only applies to consumers.
14) Liability for other breaches of duty
14.1 For breaches of duty that do not represent defects in quality or title in accordance with Sections 11 and 12, the seller is liable for intentional and grossly negligent behavior by its organs and vicarious agents and - regardless of the degree of fault - for damages resulting from injury to life, body and health.
14.2 The seller is also liable for slight negligence on the part of its organs and vicarious agents in the event of impossibility, default in performance, non-compliance with a guarantee or the violation of another essential contractual obligation. Significant contractual obligations are those whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the contractual partner may regularly rely. In these cases, the liability of the seller is limited to such contract-typical damages that the seller could reasonably have expected when the contract was concluded.
14.3 Any liability of the seller that goes beyond the liability according to Sections 12.1 and 12.2 – for whatever legal reason – is excluded. This applies in particular to all claims due to the breach of contractual obligations and to claims based on tort, but not for those due to culpa in contrahendo.
14.4 The seller assumes no liability for any loss of data during the inspection, any necessary repair measures or other services. The customer must ensure that the data on the respective devices or data storage devices is secured and that no sensitive data is on them.
14.5 Any limitation of liability agreed with the customer also applies to the organs and vicarious agents of the seller.
14.6 Claims under the Product Liability Act remain unaffected.
15) Redeeming Promotional Vouchers
15.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only in the specified period.
15.2 Individual products can be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.
15.3 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
15.4 Only one promotional voucher can be redeemed per order.
15.5 The value of the goods must be at least the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
15.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
15.7 The balance of a promotional voucher will neither be paid out in cash nor will interest be paid.
15.8 The campaign voucher will not be refunded if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.
15.9 The promotional voucher is transferrable. The seller can pay with discharging effect to the respective owner who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization, the legal incapacity or the lack of the right to represent the respective owner.
16) Mentioned as a reference
If the customer is an entrepreneur, he agrees to be named by the seller on the seller's website, in his social media profiles (e.g. Twitter, LinkedIn, Xing) and in his own publications, stating his company and using his brand related to this company as a reference to become. This consent can be revoked at any time with effect for the future by means of a declaration to the seller.
17) Final Provisions
17.1 The contractual partner is only entitled to assign rights and claims from the contractual relationship to third parties with the prior written consent of the seller. § 354a HGB remains unaffected; § 354a HGB does not apply to consumers.
17.2 German law applies exclusively, excluding the UN sales law and the references to international private and procedural law. For consumers, this choice of law only applies to the extent that non-mandatory provisions of the law of the state in which the consumer has his habitual residence grant broader protection.
17.3 The exclusive place of jurisdiction for all disputes arising from and in connection with contracts to which these GTC apply is the registered office of the seller; however, the seller is entitled to sue the customer at any legally permitted place of jurisdiction. This regulation does not apply to consumers.
17.4 The EU Commission provides a platform for online dispute resolution on the Internet under the following link:
https://ec.europa.eu/consumers/odr . This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved. The seller is not obliged to participate in a dispute settlement procedure before a consumer arbitration board, but is generally willing to do so. However, this does not affect the other provisions of this Section 17.