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Expressversand
30 Tage Geld-zurück-Garantie
Geprüft und zertifiziert

General Terms & Conditions and Information Obligations

Terms & Conditions for the Software Service 1A Ltd & Co. KG online shop

  1. General information
    1. 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).
    2. 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.
    3. 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.
  2. Conclusion of contract
    1. 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" button.
    2. 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" buttons.
    3. 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.
    4. The purchase contract shall come into effect with Software Service 1A Ltd. & Co. KG, Bismarckstraße 7, 54292 Trier.
    5. The contract language is German.
  3. 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.
  4. 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.
  5. Prices and shipping costs
    1. The prices valid on the day on which the order is placed, as displayed in the online shop, shall apply.
    2. The prices shown in the online shop are - by default - stated in GBP and include the statutory VAT.
    3. When purchasing digital content (e.g. eBooks or other files) there shall be no costs incurred for the delivery of the digital content.
    4. 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.
    5. Within Germany, the delivery of goods that can be sent by post (packages, parcels, letters, haulage etc.) is free of charge.
    6. 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.
    7. 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.
  6. Payment terms
    1. 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.
    2. 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.
    3. 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.
    4. 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.
    5. 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.
    6. 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 VENDOR.
    7. 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.
    8. 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 website.
    9. 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.
  7. Delivery and shipping conditions - Information regarding the calculation of the delivery date
    1. 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.
    2. 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.
    3. The delivery time is stated separately alongside the respective item or product or in the product description on the item or product page.
    4. 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.
    5. 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 delays acceptance.
    6. 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.
    7. In the case of delayed deliveries, the VENDOR will inform the CUSTOMER immediately.
    8. 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.
  8. Retention of title
    1. The VENDOR shall retain ownership of the sold goods until the complete payment of the purchase price.
    2. 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.
    3. 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 by law.
  9. Guarantee/Liability for defects/Requirement to give notice of defects
    1. Rights in the case of defects in the purchase item shall be based on statutory provisions.
    2. 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.
    3. 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.
  10. Liability
    1. 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 these provisions.
    2. 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).
    3. 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 law.
    4. 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.
  11. Data storage and data protection
    • The legal data protection provisions of the data protection declaration on the website www.softwareonlinekaufen.eu shall apply exclusively.
  12. Notice in accordance with Art. 14 of the ODR Regulation
    1. In the event of a dispute, CUSTOMERS who are consumers according to § 13 BGB have the ability to implement an online arbitration procedure on the "Your Europe" EU Portal (https://europa.eu/youreurope/citizens/index_de.htm) with the enlistment of a recognised conciliation body. To this end, the online Arbitration Platform of the EU available via the URL: https://ec.europa.eu/consumers/odr/ can be used.
    2. 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.
    3. Other national regulations regarding the initiation of arbitration proceedings shall remain unaffected by the above regulations in Sections 12.1 and 12.2.
  13. Final provisions
    1. The laws of the Federal Republic of Germany shall apply with the exception of the UN Convention on the International Sale of Goods.
    2. 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.
    3. 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.
    4. 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.