General Terms & Conditions and Information Obligations
Terms & Conditions for the Software Service 1A Ltd & Co. KG online shop
The following contractual conditions (Terms & Conditions) apply for all contracts concluded regarding via the Software Service
1A Ltd. & Co. KG, Bismarckstraße 7, 54292 Trier (hereinafter: VENDOR) online shop
with the customer (hereinafter CUSTOMER).
These Ts&Cs contain special regulations for customers who are Contractors according to § 14 BGB
(hereinafter: CONTRACTOR). The special clauses for business transactions are marked with an
explicit reference to CONTRACTOR and do not apply for transactions with consumers
according to § 13 BGB.
Deviating General Terms & Conditions on the part of the Customer shall not be recognised by the VENDOR, unless the
VENDOR has agreed to them expressly and in writing.
Conclusion of contract
By clicking on the corresponding button, the CUSTOMER can add the desired item or product to the
shopping cart and then initiate the order process by clicking on the shopping cart. During the
order process, the CUSTOMER must enter the contact details required in order to ship the product/s and to take payment
and complete the order by clicking on the "Order and commit to pay"
Input errors, and in particular items or products placed in the shopping cart in error, can be corrected by the CUSTOMER by
entering the desired quantity in the shopping cart and correcting the available buttons. Immediately
order process, the CUSTOMER can correct input errors in the various steps by navigating to the
respective step using the browser's "Next" and "Back"
The representation of the products in the VENDOR's online shop represents a non-binding invitation to
the CUSTOMER to place an order. By placing the order, the CUSTOMER issues a binding offer to
conclude a contract regarding the item or products contained in the shopping cart. The VENDOR will
automatically confirm receipt of the order immediately by email. The contractual relationship
shall take effect as a result of this order confirmation or the delivery of the product.
The purchase contract shall come into effect with Software Service 1A Ltd. & Co. KG, Bismarckstraße 7, 54292
The contract language is German.
Contract text storage
The contract text will be stored by the VENDOR. The order data will be sent to the CUSTOMER separately in
text form (email). The Ts&Cs can be called up in the online shop and printed out.
Right of revocation
Consumers have a fundamental statutory right of revocation. The legal provisions regarding any
existing right of revocation are contained exclusively in the revocation instruction, which can be called up by
the CUSTOMER within the scope of the order process.
Prices and shipping costs
The prices valid on the day on which the order is placed, as displayed in the online shop, shall apply.
The prices shown in the online shop are - by default - stated in GBP and include the statutory
When purchasing digital content (e.g. eBooks or other files) there shall be no costs incurred for the delivery of the
When purchasing goods that are to be delivered in the post, either in a package or otherwise, the following
shall apply: The prices shown in the online shop do not include shipping costs for packaging
and carriage. The shipping costs are calculated dynamically during the order process and are
displayed in the shopping cart overview before the order is placed.
Within Germany, the delivery of goods that can be sent by post (packages, parcels, letters,
haulage etc.) is free of charge.
For all orders/deliveries to abroad, a fixed shipping fee is charged in accordance with the
shipping costs table, which can be called up in the online shop. The fixed shipping fee for shipping to abroad can
also be viewed in the shopping cart prior to placing your order.
In individual cases, additional taxes (e.g. in the case of an
intra-community acquisition) and/or duties (e.g. customs) may be payable by the CUSTOMER.
The VENDOR only accepts the payment methods offered in the online shop during the
order process. The CUSTOMER selects his preferred means of payment from among the available
payment methods himself.
If a delivery is made against pre-payment by transfer, the CUSTOMER must transfer the payment of the purchase price
to the VENDOR, inclusive of any incurred delivery and shipping costs, prior to delivery being made. The
delivery shall be made following receipt of the complete invoice amount in the VENDOR's account.
If a delivery is made against invoice, the net purchase price (without deductions) shall be due immediately, and within no more
than 14 days from the invoice date or following receipt of the goods. The statutory
provisions regarding the consequences of payment default apply.
If a payment is made by instant transfer or Giropay, the CUSTOMER must have an activated
online banking account with PIN/TAN functionality. At the end of the order process the CUSTOMER will be
asked to enter his account number, sort code, PIN and TAN into the form that has been pre-filled by the VENDOR
(bank details, transfer amount, purpose). Immediately after this, the
transaction will be confirmed by the CUSTOMER.
If delivery is made against payment by credit card, by disclosing his
credit card details, the CUSTOMER issues authorisation to debit the complete invoice amount, including any incurred
delivery and shipping costs, via the credit card company concerned. In this case the debit
shall be made upon confirmation of the order.
If a payment is made via Barzahlen.de, the CUSTOMER shall receive an
electronic payment slip with a barcode once the order process is complete. The CUSTOMER can have the payment slip sent to himself via email,
print it out directly or alternatively have a barcode number sent by SMS. Using the
barcode number or the payment slip, the CUSTOMER must make payment of the
purchase amount, including any incurred delivery and shipping costs, in a Barzahlen.de partner store, using the payment methods
offered on-site in the respective partner store. A list of participating partner stores can be accessed via the
following website: https://www.barzahlen.de/de/partnerfilialen Delivery shall be made after
averaging by means of the payment of the full purchase price by Barzahlen.de to the
If a payment is to be made by direct debit, the CUSTOMER must inform the VENDOR of his IBAN and the name of the
account holder. After invoicing, the VENDOR debits the invoice amount from the
CUSTOMER's account. In the case of a return debit, the CUSTOMER must reimburse the cost of this return debit to the
VENDOR in the amount of ¤6.50 per return debit. The CUSTOMER reserves the right to provide evidence that no or only
minor damage has been caused by the return debit.
If a payment is made via the paydirekt service offered by paydirekt GmbH, Hamburger Allee 26-28, 60486 Frankfurt am Main
(hereinafter: paydirekt), the CUSTOMER must hold a paydirekt account and must verify his identity with his
login details. The CUSTOMER must then proceed through the paydirekt payment process and
confirm the payment to the VENDOR. In case of payment via paydirekt by means of deferred
payment, the payment will be authorised immediately after confirmation is issued to the VENDOR.
The execution of the payment and the debiting from the CUSTOMER shall then take place within 6 months
after authorisation, based on the mutually agreed start date for the transaction. Immediately
after this, the transaction to the VENDOR will be confirmed to the CUSTOMER. The
paydirekt payment terms can be viewed at https://www.paydirekt.de/agb/index.html.
. A list of banks that participate in paydirekt can be viewed on the www.paydirekt.de
CUSTOMERS, who are CONTRACTORS according to § 14 BGB, shall only be entitled to set-off rights if his counterclaims are
legally binding, undisputed or have been recognised by the VENDOR, or if the
opposing claims are based on the same legal relationship. This contractual exclusion of set-off does
not apply for CUSTOMERS who are consumers according to § 13 BGB.
Delivery and shipping conditions - Information regarding the calculation of the delivery date
The delivery of digital content (e.g. eBooks or other files) shall take place by means of the sending of a
download link, or by an attachment in an email.
The delivery of goods that are to be delivered in the post, either in a package or otherwise,
shall, unless otherwise agreed with the CUSTOMER, take place by post (package, parcel, letter,
haulage etc.) to the delivery address provided by the CUSTOMER when placing his order.
The delivery time is stated separately alongside the respective item or product or in the product description on the
item or product page.
The delivery time stated on the item or product page begins upon payment by advance payment on the working day
after the CUSTOMER's payment order to the transferring bank, or in the case of all other
payment types, on the working day after the day on which the contract is concluded.
In case of deliveries, the risk of the accidental loss and accidental deterioration of the sold items shall transfer
to the Contractor upon handover to the Contractor himself or to a person authorised to receive the goods, or in the
case of a sale involving the carriage of goods, upon delivery of the goods to a suitable transport agent.
In case of deliveries to consumers, the risk of the accidental loss and accidental
deterioration of the sold items in accordance with § 446 BGB shall transfer to the consumer upon handover of the goods to
the consumer. With regard to the transfer of risk, the handover shall still be deemed to have taken place if the CUSTOMER
Orders and deliveries are only offered within and to Germany and in the countries listed
in the online shop and/or in the shipping costs table.
In the case of delayed deliveries, the VENDOR will inform the CUSTOMER immediately.
If the carrier returns the purchase item to the VENDOR because delivery to the CUSTOMER was not
possible, the CUSTOMER shall bear the cost of a reshipment. This does not apply if the CUSTOMER
has exercised an existing right of revocation parallel to the refusal of acceptance or if he was
not responsible for the circumstance that resulted in the shipment not being possible, or if the CUSTOMER
was temporarily prevented from accepting the offered service, unless the VENDOR
had notified him of the service an appropriate time in advance.
Retention of title
The VENDOR shall retain ownership of the sold goods until the complete payment of the
The goods under retention of title are not permitted to be pledged to third parties or
assigned by way of security by the CUSTOMER prior to complete payment of the secured receivables. The CUSTOMER must
notify the VENDOR immediately in writing, if and to the extent to which access to the
VENDOR's goods is granted to third parties.
In the event of a breach of contract on the part of the CUSTOMER, in particular in the event of failure to pay the due purchase price, the
VENDOR shall be entitled to withdraw from the contract in accordance with statutory provisions and to request
the return of the goods on the grounds of retention of title and withdrawal. If the CUSTOMER does not pay the due
purchase price, the VENDOR can only assert these rights if the CUSTOMER has first been granted
a reasonable time in which to make payment without success, or if such a grace period is not required
Guarantee/Liability for defects/Requirement to give notice of defects
Rights in the case of defects in the purchase item shall be based on statutory provisions.
Claims for defects by CONTRACTORS who are merchants according to the HGB require that these CONTRACTORs have duly fulfilled their
obligations in accordance with Mängelhaftung/Rügepflicht 377 HGB to conduct an inspection and give notice of defects in
text form, within 14 days of receipt of the goods. This requirement to give notice of defects does not apply for CUSTOMERS who are
consumers according to § 13 BGB.
The limitation period for claims for defects by CONTRACTORS is 12 months, calculated from
the transfer of risk to the CONTRACTOR. This shortening of the guarantee period does not apply for CUSTOMERS
who are consumers according to § 13 BGB.
Claims brought against the VENDOR by the CUSTOMER for damages or for the compensation of futile expenses
shall be governed outside of warranty law, irrespective of the legal nature of the claim in accordance with
Liability on the part of the VENDOR - for whatever legal grounds - is excluded, unless
the damage is the result of malicious intent and/or gross negligence on the part of the VENDOR, his
employees, his representatives or his vicarious agents. Insofar as the VENDOR's liability is
excluded or limited, this also applies for the personal liability of employees,
representatives or vicarious agents. The VENDOR's liability in accordance with the
German Product Liability Act shall remain unaffected (§ 14 ProdHG).
For damages resulting from death, physical injury or damage to health based on an intentional,
grossly negligent or negligent breach of duty on the part of the VENDOR, or a legal
representative or vicarious agent of the VENDOR, the VENDOR shall be liable in accordance with the
If the VENDOR at least negligently breaches a significant contractual obligation, that is, whereby adherence
to his obligation is of particular importance in order to fulfil the purpose of the contract (essential
contractual obligation or cardinal obligation), then liability shall be limited to the typically incurred
damage, that is, to damages that may be considered as typically arising within the scope of
the contract. An essential contractual or cardinal obligation in the aforementioned sense is an obligation whereby
its fulfilment actually makes possible the proper performance of this contract and
the adherence to which the CUSTOMER regularly relies on and may rely on.
Data storage and data protection
The legal data protection provisions of the data protection declaration on the website
www.softwareonlinekaufen.eu shall apply exclusively.
Notice in accordance with Art. 14 of the ODR Regulation
The online arbitration procedure is not a mandatory requirement for the issuing of an appeal to the competent
general jurisdiction courts, but rather represents an alternative option by which to remedy any disputes
that may arise within the scope of a contractual relationship.
Other national regulations regarding the initiation of arbitration proceedings shall remain unaffected by the above
regulations in Sections 12.1 and 12.2.
The laws of the Federal Republic of Germany shall apply with the exception of the UN Convention on the International Sale of Goods.
In the case of consumers who do not conclude the contract for professional or commercial purposes, the
aforementioned choice of law shall only apply insofar as the consumer is not deprived of the protection granted by the mandatory legal provisions of the
state in which he is customarily domiciled.
If the CUSTOMER is a merchant, a legal person under public law or a special public
fund, then the exclusive court of jurisdiction for all disputes arising from this contract is the
VENDOR's place of business in 54292 Trier.
The same applies if the CUSTOMER is a contractor and has no general court of jurisdiction in Germany
or if his place of residence or customary domicile is unknown at the time the complaint is filed. The
VENDOR's right to appeal to another court of jurisdiction remains
unaffected by this.