§ 1 General Information, Scope of the General Terms and Conditions
1.1 All our deliveries and other services shall be provided exclusively on the basis of the following General Terms and Conditions in the version applicable at the time of the order placement. Any diverging terms of business shall not apply unless expressly agreed in writing.
1.2 Clients in the sense of these terms and conditions means consumers as well as companies. Consumers in the sense of these terms and conditions means private persons entering contracts and agreements for a purpose that can neither be allocated to their commercial nor their professional activity. Companies in the sense of these terms and conditions means any private or legal persons or private companies with legal capacity making deals with us within the framework of the exercise of their commercial or independent professional activities at the time the contract is entered into.
§ 2 Conclusion and Signing of the Contract
2.1 With the placement of your order, you submit a binding offer to us for the conclusion of the contract. We may accept this offer by sending an order confirmation to you by email within 24 hours after receipt of your order. The sending of this order confirmation shall conclude the contract.
2.2 The respective product descriptions offer you extensive information on the product of your choice. You may purchase our products by clicking on the "Buy now" icon in the respective product description. By this, the article will be added to your shopping cart. You may take another look at the items in the shopping cart and change the quantity of your order or delete specific items.
During the order process, you must first enter your address information if you are not a returning client. As a returning client, you may log in through the client login. During the order process, you must accept our General Terms and Conditions. You may correct any wrong input by navigating backwards in the browser or canceling the order process and start anew. To complete your shopping and place your order, you will have to click on the button [Bestellung bestätigen] (“confirm order”). With this, you will send your order to us. In the next step, we will send you an order confirmation by email, thereby concluding the contract.
2.3 In the case of orders in our online shop, the contract will be completed with:
Chief Executive: Eugen Stranz
Commercial Register: AG Zweibrücken, Urk.R.Nr. 1896 / 2009 K
§ 3 Digitally Storing the Wording of the Contract
We digitally store your order and received order information. We will send you an order confirmation containing all order information by email. In addition, you have the possibility to print the General Terms and Conditions prior to sending your order to us. Finally, you will have access to the orders placed by you via your account with us.
§ 4 Rescission Rights
4.1 As a consumer, you are entitled to a rescission right if the following conditions are fulfilled:
You may cancel this contract in writing (letter, fax, email etc.) without giving any reasons or - if the item is delivered to you before the end of the rescission period - by returning the item within one month. The rescission period shall begin with the receipt of this declaration in written form, but not before receipt of the items (in case of performance of services, not before the contract is concluded) and not before we have met our information requirements pursuant to § 312c Section 2 German Civil Code (BGB) in conjunction with § 1 Section 1, 2 and 4 BGB InfoV as well as our obligations under § 312e Section 1 Sentence 1 in conjunction with Civil Code Section 3 BGB InfoV. The timely dispatch of the rescission or the item shall be deemed sufficient for compliance with the rescission terms. The rescission is to be sent to:
Chief Executive: Eugen Stranz
Consequences of Rescission
If a rescission is valid, both parties are obliged to return the services and performances received as well as any received benefits (e.g. interest). If you cannot return the service received to us in part or in whole or only in a deteriorated state, you are obliged to pay reasonable indemnification, if applicable. In the case of services performed, this may still require you to meet your payment obligations for the period until the rescission was made. In the case of goods delivered, you will not have to pay an indemnification for a deterioration resulting from the intended use of the item received.
Items suitable for delivery by parcel are to be returned at our risk. You shall bear the costs for the return shipment if the items delivered correspond to the items ordered and if the price of the items to be returned does not exceed 40 Euros or if you have not paid compensation or a contractual installment at the time of rescission in case of a higher price. In any other cases, the return shipment shall be free of charge for you. Items not eligible for transportation by parcel will be picked up.
Obligations to disburse payments have to be met within 30 days. For you, this period begins with the dispatch of your rescission declaration or the item, for us with its receipt.
In case of services performed, your rescission right expires prematurely if the contract has been met to its full extent by both parties at your express request before you have made use of your rescission right.
Expiry of the Rescission Rights
If you are a business person according to § 14 German Civil Code (Bürgerliches Gesetzbuch, BGB) and act in the performance of your commercial or independent activity, the rescission right shall not apply.
You shall not be entitled to any rescission right according to § 312 d Section 4 No.2 BGB if a data carrier has been delivered to you and you have unsealed the data carrier.
In case of goods not eligible for return due to their nature, the rescission right according to § 312d Section 4 No. 1,3 BGB shall also not apply.
§ 5 Cost Transfer Agreement
If you exercise your rescission right in accordance with § 4, you shall bear the regular costs of the return shipment if the items delivered are identical with the items ordered and if the price for the items returned does not exceed 40 Euros or if you have not paid compensation or a contractual installment by the time of the rescission. In any other case, the return shipment is free of charge for you.
§ 6 Prices and Shipping Costs
All prices are given excluding VAT. For all buyers with residence inside the EU, statutory VAT of 19% shall apply. As we only offer digital downloads, no shipping costs apply in general. If the service or item is provided as a download via a net, the seller carries the costs for the provision of the software in the network while the buyer carries the costs of the download.
§ 7. Payment Terms
7.1 Payment may be made in advance per bank transfer, PayPal or 2Checkout. We reserve the right to exclude specific payment methods. On selecting the payment method "in advance", we will provide you with our banking connection in the order confirmation. If you transfer money to our bank account, always state the order number in the reference line. Failure to do so will make it impossible to assign your transfer to your order.
7.2 If there is any delay in payment, the purchasing price shall bear interests amounting to 5% above the base rate for the time of the delay. If you are a business person, the purchasing price shall bear interests amounting to 8% of the base rate for the time of the delay, beginning with the day the delay in payment commences. We reserve the right to produce evidence for and assert our right to a higher amount of damage caused by delayed payment.
§ 8 Guarantee and Liability
The guarantee is in accordance with statutory provisions.
§ 9. Customer Service
Please contact us if you have any questions, requests or complaints. As a client, you have the possibility to go to:
to use our support free of charge with your access data.
§ 10. Data Protection
10.1 Data Collection:
We collect data on the initiation, conclusion, processing and unwinding of a contract for sale. This data will be collected, stored and processed by us.
Your visits to our web pages will be logged. The data we collect essentially comprises the IP address currently used by your PC, date and time, type of browser, and operating system of your PC as well as the web sites you have visited. In general, allocation of this data to a person is neither possible nor intended.
10.2 Handling and Forwarding of Data
The personal information you submit to us when placing an order or by email (e.g. your name and address or your email address) will be stored in our logbook license database. This data will be used exclusively within the framework of the existing contract between the parties for such cases as the settlement of the software sale or support. No handling or use of this data will be made beyond this. We will only forward your data to the logistics company contracted for the delivery if this is necessary for the delivery of the goods. For the settlement of payments, we forward payment data to the credit institution charged with the payment processing.
We guarantee that we shall not forward your personal data to any third parties beyond this, except for cases where we are required to do so by law or with your advance written agreement. To the extent that we make use of our right to contract service providers for the implementation and settlement of processes, the conditions of the contract will be regulated in accordance with the provisions of the German Data Protection Act (Bundesdatenschutzgesetz).
10.3 Consent and Rescission:
If you have supplied us with any personal information, you may delete it at any time. Data on invoicing and accounting-related purposes shall not be affected by cancellation/rescission or deletion, as applicable.
10.4 Storage Period:
Personal information submitted to us via our web site is only stored until the purpose for which you supplied us with this data is fulfilled. To the extent that storage periods are regulated by commercial or tax law, the storage period may amount to a maximum of 10 years.
10.5 Google Analytics:
This web site uses Google Analytics, a web analyzing service of Google Inc. ("Google"). Google Analytics uses so-called "cookies", i.e. text files stored on your computer and enabling analysis of how you use the web site. The information created by the cookie on how you use this web site (including your IP address) will be transferred to a Google server in the U.S. and stored there. Google will use this information to evaluate how you use the web site, to prepare reports on the web site activities for the web site operators and to perform other services in connection with web site and internet usage. Google may also transfer this information to third parties where required by law or to the extent that third parties will process this data on behalf of Google. Under no circumstances will Google align your IP address with any other Google data. You may select a respective setting to prevent the installation of the cookies. However, please be aware that in this case, you may not be able to use all functions of this web site to their full extent. By using this web site, you consent to the processing of the data recorded on you by Google in the way described above and for the purpose previously declared.
Use of our offers is based on the implementation of a cookie. A prerequisite for this is that you have activated the cookies in your browser settings.
A randomly created session code and your client ID, if applicable, will be stored within the cookie. It is thus possible to recognize you as a registered client.
In addition, we store, if available, an affiliate ID and the page that directed you to our pages.
A prerequisite for this is that you have activated the cookies in your settings.
By registering for our newsletter, your first name, last name and email address will be used for advertising purposes with your permission. The newsletter is dispatched by us. Your permission to receive a newsletter by email may be revoked at any time. Every newsletter will contain a link which allows you to revoke your permission.
10.7 Your Rights, Information:
If for any reason you no longer agree to the storing of your personal information or it has become incorrect, we will initiate the deletion or blocking of your data or implement the necessary corrections on your instruction (to the extent that this is feasible under applicable law). Upon request, you may receive information on all personal information we have stored on your person free of charge.
§ 11 Area And Place of Jurisdiction
11.1 German law shall apply under exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
11.2 If clients enter a contract for a purpose that cannot be assigned to professional or commercial activity (consumers), this area of jurisdiction only applies to the extent that the client will not be bereft of any mandatory legal provisions by the law under which he is currently resident.
11.3 If the order was placed by a business person, a legal entity under public law or public investment company, place of jurisdiction shall be Cologne for any issues arising from the conditions of the contract.
§ 12 Other Matters
12.1 The languages of contract are German and English.
12.2 If any one or several provisions of these General Terms and Conditions is or are invalid, the remaining provisions of the contract shall remain valid. Where any provisions are invalid, the content of the contract shall be deemed according to statutory provisions.
As of 9/11/09