1. Conclusion of the SOFTWARE Contract
1.1 The subject of this contract is the sale of download products (digital content that is not delivered on a physical data storage device). By placing the respective download product on our website, we submit a binding offer to conclude a contract subject to the terms and conditions specified in the product description.
1.2 The contract is concluded via the online shopping cart system as follows:
The download products intended for purchase are placed in the “shopping cart.” You can access the “shopping cart” and make changes there at any time using the corresponding button in the navigation bar. After accessing the “Checkout” page and entering your personal data and payment terms, all order details will be displayed again on the order overview page.
1.3 The order processing and transmission of all information required in connection with the conclusion of the contract are partially automated via email. You must therefore ensure that the email address you have provided us with is correct, that receipt of emails is technically secure, and, in particular, that it is not blocked by spam filters.
1.4 Subsidiary agreements, amendments, and additions are only valid if we confirm them in writing. The same applies to warranties of quality.
1.5 The contract language is German.
2. Prices, Terms of Payment
2.1 The goods will be invoiced according to the prices listed in the order, which are based on the currently valid price list.
2.2 Any price increases shall be borne by the customer if the goods are delivered later than 6 months after conclusion of the contract, either as agreed or for reasons beyond our control.
2.3 Unless otherwise stated, all prices include the applicable statutory value-added tax.
2.4 Subject to Sections 366 and 367 of the German Civil Code (BGB), and despite any contrary provisions of the customer, we determine which claims are fulfilled by the customer’s payments.
2.5 The payment methods available to you are indicated under a correspondingly labeled button on our website or in the respective offer.
2.6 Unless otherwise stated for the individual payment methods, payment claims arising from the concluded contract are due immediately.
2.7 On this website, we offer, among other options, payment via PayPal. The provider of this payment service is PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”). If you select payment via PayPal, the payment details you enter will be transmitted to PayPal. Your data will be transmitted to PayPal on the basis of Art. 6 (1) (a) GDPR (consent) and Art. 6 (1) (b) GDPR (processing for the performance of a contract). You have the option to revoke your consent to data processing at any time. Revocation does not affect the validity of data processing operations carried out in the past.
3. Deadlines
3.1 We strive to adhere to the specified deadlines. Deadlines are only binding if they are expressly agreed as such in writing.
3.2 In the event of intentional or grossly negligent failure to comply with binding deadlines and the expiration of a grace period of six weeks set by the customer in writing, the customer may, provided they can prove that they have suffered damage as a result of the delay, claim compensation for each completed month of the delay amounting to 0.5% of the value of the part of the service that cannot be used due to late completion. Compensation can be claimed for a maximum of five months.
3.3 Any other claims for compensation by the customer are excluded in all cases of delayed performance, even after the expiration of the one-month period agreed in the preceding paragraph. This does not apply to mandatory statutory liability in cases of intent or gross negligence. Extended liability pursuant to Section 287 of the German Civil Code (BGB) is excluded.
3.4 The customer’s right of withdrawal under statutory provisions instead of the right under Section 3.2 remains unaffected.
4. Shipping Conditions and Right of Withdrawal
4.1. The delivery conditions, the delivery date, and any existing delivery restrictions can be found under a
correspondingly labeled button on our website or in the respective offer.
4.2 The customer may withdraw from the contract within 14 days without stating reasons in text form (e.g., letter, fax, email). This period begins upon receipt of the goods by the customer, but no earlier than upon receipt of these instructions. To comply with the withdrawal period, the timely dispatch of the withdrawal or the goods is sufficient. The cancellation must be addressed to:
Software Lizenz Express
Owner: STEPHAN MÜLLER
Address: Wernher-von-Braun Str. 16, 63303 Dreieich, Deutschland
VAT ID: DE269952674
Tel.: +49 60748160523
Email: uk@softwarelizenzexpress.de
4.3 Consequences of Cancellation
If you cancel this contract, we will refund all payments we have received from you promptly and at the latest within fourteen days from the date on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund.
We may refuse to refund until we have received the goods back or you have provided proof that you have not used the goods, whichever is earlier. You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.
You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods that is not necessary to check their quality, properties, and functioning. 5. Warranty and Liability.
5. Statutory Liability for Defects
5.1 The statutory liability for defects applies.
5.2 As a consumer, you are requested to notify us immediately upon delivery of the goods for completeness, obvious defects, or possible deviations. Failure to do so will not affect your statutory warranty claims.
5.3 The warranty period is one year from delivery of the goods.
5.4 The warranty is void if the customer has modifications or adjustments made to the product.
5.5 Due to the aforementioned rights, the customer is not entitled to any right of retention with respect to our claims that do not relate to the subject matter of the contract.
5.6 Any claims for damages of any kind by the customer against us are excluded, in particular claims for compensation for consequential damages, such as loss of data or lost profits, claims based on impossibility, positive breach of contract, and non-performance. This also applies in particular to the absence of manufacturer-specified features of software products. This does not apply to mandatory statutory liability in cases of intent, gross negligence, or the absence of guaranteed features.
6. Retention of Title
6.1 We retain title to the goods until full payment of all claims to which we are entitled from the business relationship with the customer.
6.2 The assertion of retention of title does not constitute withdrawal from the contract. However, we are entitled, after a reasonable period of time, to dispose of the goods for which retention of title has been asserted in any other way and, upon full payment of the purchase price, to deliver the same or equivalent goods to the customer.
6.3 If the customer is a reseller, they are entitled to resell the goods subject to retention of title in the ordinary course of business. In this case, the customer hereby assigns, as security, the claims arising from the resale of the goods up to the amount of our outstanding claims.
In the event of default in payment, the customer is obligated, upon our first request, to name the customers to whom they have sold our goods and for whom payment has not yet been made.
6.4 In the event of third-party access to the goods subject to retention of title, the customer will point out our ownership and notify us immediately. The customer shall bear all costs and damages.
7. Miscellaneous
7.1 Upon commencement of the business relationship, the customer’s data, which may also be personal data, will be stored and, to the extent necessary for the execution of the order, processed and transmitted.
7.2 Should one or more of the above provisions be or become invalid, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a valid one that most closely approximates the economic purpose pursued.
8. Place of Jurisdiction
If the customer is a registered merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction shall be the Frankfurt District Court or the Frankfurt Regional Court.
Software License Express
Owner: STEPHAN MÜLLER
Ust-ID: DE269952674
Telephone: +49 60748160523
E-Mail: uk@softwarelizenzexpress.de
