Terms and Conditions

Table of Contents

1. Scope
2. Conclusion of Contract
3. Subject Matter of the Contract
4. Granting of Rights in a Contract for the Supply of Software
5. Granting of Rights in a Contract for the Temporary Transfer of Software
6. Customer's Obligations
7. Right of Withdrawal
8. Prices and Payment Terms
9. Delivery and Shipping Conditions
10. Retention of Title
11. Warranty for Contracts according to Sections 3.2, 3.3 a) and 3.4
12. Warranty for Contracts according to Section 3.3 b)
13. "100% Money-Back Guarantee" Warranty Conditions
14. Liability for Other Breach of Duty
15. Redemption of Promotional Vouchers
16. Mention as Reference
17. Final Provisions

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Licensequeen.com (Miroslav Isaev) (hereinafter "Seller") apply to all contracts between the Seller and a contracting party (hereinafter "Customer") for the sale, delivery, and temporary transfer of various digital content, digital goods, and non-digital goods (hereinafter collectively "Goods"). Insofar as the Seller also offers services, these are provided exclusively as an ancillary service to the aforementioned sales contracts. Deviating, conflicting or supplementary general terms and conditions of the Customer shall only become part of the contract if and to the extent that the Seller has expressly agreed to their validity. Silent recognition of the Customer's General Terms and Conditions by conclusive conduct on the part of the Seller is excluded. This requirement of consent applies in any case, for example, even if the Seller performs services for the Customer without reservation, knowing the Customer's General Terms and Conditions.

1.2 These GTC apply to both consumers (§ 13 BGB) and entrepreneurs (§ 14 BGB). Unless the following GTC contain a separate notice, all conditions apply equally to contracts with entrepreneurs and consumers. If individual conditions do not apply or only apply in a modified form to consumers, this is expressly mentioned.

1.3 These conditions also apply to future contractual relationships between the customer and the seller, provided the customer is an entrepreneur.

1.4 Digital content within the meaning of these GTC are all digital offers with the exception of digital goods, such as digitally available access codes, product keys or other digitally existing information.

1.5 Digital goods within the meaning of these GTC are all software not located on a physical data carrier, which is provided by the seller for download - possibly with the granting of certain rights of use according to Sections 5 and 6.

1.6 Non-digital goods within the meaning of these GTC are all software located on a physical data carrier, which is distributed by the seller – possibly with the granting of certain rights of use according to Sections 5 and 6 – in physical form, 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 placing the order in accordance with Section 2.2, the customer agrees to these GTC.

 

2) Conclusion of Contract

2.1 In the case of a purchase via the Seller's online shop, the contract is not concluded with the submission of the customer's 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 with the submission of the customer's order.

2.3 Before the binding submission of the 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 browser's magnification function, which magnifies the display on the screen. The customer can correct his entries within the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.

2.4 In the case of a purchase via the online shop, the order confirmation does not constitute acceptance of the customer's offer by the seller. In this case, a contract between the seller and the customer is only concluded by a further action of the seller in accordance with Section 2.5.

2.5 The seller can accept the customer's offer within five days by

1. a) delivering the ordered goods to the customer himself or through a trading partner (e.g. Amazon EU S.à.r.l.), whereby the receipt of the goods by the customer is decisive, or
2. b) by requesting payment from the customer after placing the order via separate communication. This also includes the selection of a payment method in the ordering process, which results in payment before the ordered goods are dispatched.

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives first occurs.

2.6 The period for accepting the offer in accordance with Section 2.5 begins to run on the day after the customer sends the offer and ends with the expiry 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 shall be deemed a rejection of the offer, with the consequence 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 for the processing of the contract, the customer must ensure that e-mails sent by the seller can be received at this address. In particular, the customer must ensure, when using SPAM filters, that these are correctly configured so that 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 the seller to process the order will create the e-mails in such a way that they are not objectively suitable, based on their external appearance, in particular their text pattern profile, to give the impression of a spam message.

 

3) Subject Matter of the Contract

3.1 The seller provides goods 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 service is the description provided in the Seller's online shop or the respective marketplace. Reference is made to the regulations on retention of title according to 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 transfer of one copy of the software on a suitable data carrier such as a CD-Rom, BluRay disc or USB stick, as well as the transfer of a printed or downloadable version of the associated user documentation. Until full payment of the purchase price according to Section 8, all data carriers and the transferred user documentation remain under the Seller's retention of title. The respective product description in the Seller's online shop or the respective marketplace is decisive for the quality of the software. The Seller also owes the granting of rights according to Section 4;

3.3 In the case of a contract for the supply of digital goods, the seller owes

• a) in the case of a contract for the supply of software (hereinafter: "Software Purchase"), the permanent transfer of the software specified in the license certificate in object code. The Seller undertakes to provide a possibility for downloading the software and to provide a printed or downloadable version of the associated user documentation. Until full payment of the purchase price in accordance with Section 8, the provided user documentation remains under the Seller's retention of title. The respective product description in the Seller's online shop or the respective marketplace is decisive for the quality 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 object code. The Seller undertakes to provide a possibility for downloading the software and to provide a printed or downloadable version of the associated user documentation. Until full payment of the purchase price in accordance with Section 8, the provided user documentation remains under the Seller's retention of title. The respective product description in the Seller's online shop or the respective marketplace is decisive for the quality 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 supply of digital content, the seller is obliged to provide the digital content. The use of the digital content sent to the customer is subject to the terms of use of the respective provider provided for its use. The use of the digital content is conditionally dependent on the full payment of the purchase price in accordance with Section 8. The seller may provisionally permit use even before this time.

3.5 The seller is only obliged to provide services as a contractual or post-contractual ancillary service to the aforementioned main service obligations and only after a separate agreement with the customer.

3.6 For the delivery of the respective subject matter of the contract, Section 9 applies.

3.7 Should the seller be prevented from performing its contractual services or entirely excluded from doing so because employees, documents, data or equipment of the customer are not available in an adequate or only insufficient manner, or if the customer intentionally or negligently fails to fulfill its duty to cooperate, which also includes adhering to deadlines, the seller is entitled to charge the customer for the additional expenses incurred as a result.

3.8 If the customer is an entrepreneur, timely and correct self-delivery is reserved, provided that the seller is not responsible for delayed or incorrect self-delivery.

 

4) Granting of Rights in a Contract for the Supply of Software

4.1 This Section 4 applies exclusively to contracts for the purchase of software according to Section 3.2 and 3.3 a).

4.2 Upon full payment of the purchase price in accordance with Section 8, the customer receives a non-exclusive, unlimited right to use the goods to the extent granted in the contract. The seller may also provisionally permit the use of the goods even before this time. The goods may only be used simultaneously by a maximum number of natural persons corresponding to the number of goods acquired by the customer. Permitted use includes the installation of the software, loading it into RAM, and its intended use by the customer. In no case does the customer have the right to rent or sublicense the acquired goods, to publicly reproduce or make them accessible wired or wirelessly, or to make them available to third parties, whether for a fee or free of charge. Section 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 to the extent permitted by law. However, this only applies if the seller has not made the necessary information available to the customer upon request within a reasonable period.

4.5 The customer is entitled to permanently transfer the acquired copy of the software to a third party by handing over the documentation. In this case, he will completely cease using the software, remove all installed copies of the software from his computers, and delete all copies located on other data carriers or hand them over to the seller, unless he is legally obliged to retain them for a longer period. Upon the seller's request, the customer will confirm in writing the complete implementation of the aforementioned measures or, if applicable, explain the reasons for longer retention. Furthermore, the customer will explicitly agree with the third party on observing the scope of the rights granted in accordance with this Section 4. A splitting of acquired volume packages is not permissible.

4.6 If the customer uses the software to an extent that exceeds the authorizations for use acquired with the goods, either qualitatively (with regard to the type of permitted use) or quantitatively (with regard to the number of users), he will immediately acquire the additional goods necessary for permitted use. If he fails to do so, the seller will assert his rights.

4.7 Copyright notices, serial numbers and other features serving for program identification may not be removed or altered from the software.

 

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 according to Section 3.3 b).

5.2 Upon full payment of the purchase price in accordance with Section 8, the customer receives the non-exclusive, non-transferable, and non-sublicensable right to use the goods for the term of the contract and to the extent granted in the contract and the license certificate. The seller may also provisionally permit the use of the goods even before this time. The duration of the limited term of the contract is determined by the respective information in the online shop or the respective marketplace of the seller, or by the selection of the term to be made by the customer before concluding the contract. Permitted use includes the installation of the software, loading it into RAM, and its intended use by the customer. In no case does the customer have the right to rent or sublicense the acquired goods, to publicly reproduce or make them accessible wired or wirelessly, or to make them available to third parties, whether for a fee or free of charge.

5.3 The Customer is entitled to make a backup copy of the software if this is necessary to ensure future use.

5.4 The Customer is only entitled to decompile and reproduce the software to the extent provided by law. However, this only applies on the condition that the Seller has not made the necessary information available to the Customer within a reasonable period upon request.

5.5 Beyond the cases mentioned in sections 5.1 to 5.3, the Customer is not entitled to reproduce the software.

5.6 The Customer is not entitled to transfer the copy of the software provided to him, if any, or any additional copies created, to third parties. In particular, he is not permitted to sell, lend, rent, or sublicense the software, or to publicly display or make the software accessible.

5.7 If the Customer violates any of the above provisions, all rights of use granted under this contract shall immediately become invalid and shall automatically revert to the Seller. In this case, the Customer must immediately and completely cease using the software, delete all copies of the software installed on his systems, and delete or hand over any backup copy(ies) created to the Seller.

 

6) Customer's obligations

6.1 The Customer is obliged to protect the goods from access by unauthorized third parties by appropriate measures, in particular to store all copies of digital content in a protected place, unless the contract, any license, or any user documentation provides otherwise.

6.2 The Customer must name a contact person whose declarations, insofar as they serve the execution of 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 about all circumstances and processes relevant for the execution of a contract that are necessary and decisive for the preparation and implementation of the contract. This regulation does not apply to consumers.

6.4 The Customer is obliged to support the Seller in the performance of the contract to the best of his knowledge and belief and to create all conditions necessary for the proper performance of the contract. In particular, the Customer undertakes to provide the Seller with all documents, data and information required for the fulfillment of contractual obligations in the required form. This also includes that the Customer informs employees in good time about upcoming 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 withdrawal can be found in the Seller's cancellation policy. Available at: https://www.licensequeen.com/widerrufsrecht or in the Seller's respective Marketplace.

 

8) Prices and payment terms

8.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be indicated separately in the respective product description.

8.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases, which are not attributable to the Seller and are to be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g., transfer fees, exchange rate fees) or import duties or taxes (e.g., customs duties). Such costs may also arise in connection with money transfers 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 online shop or the seller's respective marketplace.

8.4 If advance payment by bank transfer is agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.

8.5 When paying by means of a payment method offered by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), payment processing takes place via PayPal, subject to the PayPal terms of use, viewable at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms for payments without a PayPal account, viewable at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.

8.6 When selecting the "SOFORT Überweisung" payment method, payment processing is handled by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To pay the invoice amount via SOFORT Überweisung, the customer must have an online banking account activated for SOFORT Überweisung with a PIN/TAN procedure, legitimize himself accordingly during the payment process, and confirm the payment instruction to SOFORT. The payment transaction is then immediately carried out by SOFORT and the customer's bank account is debited. Further information on the SOFORT Überweisung payment method can be found on the Internet at https://www.sofort.com/ger-DE/kaeufer/su/so-funktioniert-sofort-ueberweisung/.

8.7 When selecting the payment method invoice purchase, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price is to be paid within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The default regulation of § 286 para. 3 BGB remains unaffected by this. The seller reserves the right to offer the invoice purchase payment method only up to a certain order volume and to refuse this payment method if the stated 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 respective marketplace of the seller.

8.8 When selecting the SEPA direct debit payment method, the invoice amount is due after a SEPA direct debit mandate has been issued, but not before the deadline for the pre-notification of payment has expired. The direct debit is collected for a purchase via a marketplace of the seller upon submission of the order. The direct debit is collected for a purchase via the seller's online shop when the ordered goods leave the seller's warehouse and a download link has been communicated to the customer or a product key has been sent by e-mail, whereby the sending of the notification or e-mail by the seller is decisive in each case, but not before the deadline for the pre-notification has expired. Pre-notification ("Pre-Notification") is any message (e.g. invoice, policy, contract) from the seller to the customer announcing a SEPA direct debit. If the direct debit is not honored due to insufficient account balance or due to the provision of incorrect bank details, or if the customer objects to the debit even though he is not authorized to do so, the customer shall bear the fees incurred by the return debit of the respective credit institution if he is responsible for this.

8.9 When selecting the credit card payment method, the card is charged upon completion of the order.

8.10 When selecting the "Amazon Pay" payment method, payment is processed via the payment service provider Amazon Payments Europe s.c.a 38 avenue J.F. Kennedy, L-1855 Luxembourg (hereinafter "Amazon Pay") using the payment information stored in the customer's Amazon account, subject to the terms and conditions for payments via Amazon Pay, viewable at https://pay.amazon.de/help/201751590?ld=NSGoogle.

8.11 When paying by 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 terms:

• Invoice: The payment period is 14 days from dispatch of the goods. The invoice terms can be viewed at https://cdn.klarna.com/1.0/shared/content/legal/terms/EID/de_de/invoice?fee%3D0.Instant bank transfer: The customer's account is debited immediately after placing the order.
• 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 other conditions specified in the order process. The installment payment is due at the end of the month after a monthly invoice has been sent by Klarna. Further information on installment purchases, including the general terms and conditions and the European standard information for consumer credit, can be viewed 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 Klarna's terms of use can be viewed at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user.

8.12 Offsetting of customer counterclaims against seller's claims is excluded, unless the seller has acknowledged 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 at a rate of 9% above the applicable base interest rate. In the event of late payment despite a reminder, the Seller is entitled to demand from the Customer the reminder and collection costs for the collection agencies and lawyers engaged by the Seller that are necessary for appropriate legal prosecution. These are based on the statutory calculation rates of the collection agencies for collection agencies and on the Lawyers' Remuneration Act for lawyers. If the Seller handles the reminder process himself, the Customer undertakes to pay an amount of EUR 1.50 per successful reminder. This does not apply to a reminder that establishes the default. The Customer reserves the right to prove a lesser damage to the Seller. This regulation does not apply to consumers.

8.14 For customers not resident in the Federal Republic of Germany, a purchase at net price is possible if they provide their valid VAT identification number with the order. A VAT identification number communicated after the order has been placed will not be taken into account.

 

9) Delivery and shipping conditions

9.1 The delivery of goods takes place by shipping to the delivery address specified by the customer, unless otherwise agreed. For the processing of the transaction, the delivery address specified in the seller's order processing is decisive.

9.2 If the transport company returns the dispatched goods 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 withdrawal, if he is not responsible for the circumstance that led to the impossibility of delivery or if he was temporarily prevented from accepting the offered service, unless the seller had announced the service to him a reasonable time in advance.

9.3 Self-collection is not possible for logistical reasons.

9.4 Digital content will be provided to the customer in electronic form as a download by sending a download link. Product keys will be sent to the customer by e-mail.

 

10) Retention of title

10.1 Delivered non-digital goods remain the property of the Seller until full payment of the purchase price claim of the Seller (retention of title).

10.2 The Customer is obliged to store the non-digital goods for the Seller and to handle them carefully. By storing them, for example by separating them from other stocks, he must make it clear that they are the property of the Seller. This regulation does not apply to consumers.

10.3 In the event of seizures or other interventions by third parties, the Customer must immediately notify the Seller in writing.

10.4 The Customer is entitled to resell the non-digital goods in the ordinary course of business, but not to transfer ownership of them for security purposes or to pledge them. He hereby assigns to the Seller all claims in the amount of the final invoice amount (including VAT) of the Seller's claims that accrue to him from the resale against his customers or other third parties. The assignment serves to secure the claim in question to the same extent as the retention of title under section 10.1 of these terms. The Customer remains authorized to collect these claims even after assignment. However, the Seller is entitled to collect the claims himself if the Customer fails to meet his payment obligations, falls into default of payment, an application for the opening of insolvency proceedings is filed, or the Customer ceases his payments. In these cases, the Seller may revoke the authorization to collect. The Seller may also demand that the Customer immediately disclose the assigned claims and their debtors to the Seller, provide the Seller with a written assignment declaration and all information and documents required for the collection of the claim. This regulation does not apply to consumers.

10.5 If the non-digital goods supplied by the Seller are connected or mixed with other movable goods 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 VAT) of the Seller's claims that accrue to him from the resale of items to which the Seller has co-ownership; the Seller accepts this assignment. The provisions in Section 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 supplied by the Seller in such a way that they become part of a new item and the Seller's ownership is thereby permanently lost, the Seller's ownership continues with a proportionate share in the manufactured product. The Customer hereby assigns to the Seller all claims in the amount of the final invoice amount (including VAT) of the Seller's claims that accrue to him from the resale of the product against his customers or other third parties. The provisions in Section 8.4 sentence 3 et seq. apply accordingly. This regulation does not apply to consumers.

10.7 If the collateral to which the Seller is entitled exceeds the secured claims by more than 20%, the Seller shall, at the Customer's request, be obliged to release the collateral exceeding the aforementioned limit, at the Seller's discretion.

 

11) Warranty for contracts according to sections 3.2, 3.3 a) and 3.4

11.1 The provisions of this section 11 apply to contracts according to sections 3.2, 3.3 a) and 3.4.

11.2 Claims for material defects against the Seller become time-barred within one year after the transfer of risk, provided that they are newly manufactured goods or services. This does not apply if the law according to § 438 paragraph 1 number 2 (buildings and items for buildings), § 445b paragraph 1 (right of recourse) and § 634a paragraph 1 number 2 (construction defects) of the German Civil Code (BGB) prescribes longer periods. This regulation does not apply to consumers.

11.3 In the case of delivery of used goods, any rights regarding 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 it has been expressly agreed in writing or not, constitutes descriptions of characteristics and not guarantees, assured properties, contractually assumed uses, or similar. Obvious inaccuracies (typographical errors, calculation errors, formal errors, etc.) in notes, protocols, operating manuals, calculations, brochures, the Seller's online shop, etc., can be corrected by the Seller at any time. A claim for the rectification of such obvious defects is excluded.

11.5 For the Seller's deliveries to merchants, the statutory duties of inspection and notification of defects according to § 377 of the German Commercial Code (HGB) shall apply in any case. If a delivery is made directly to a consumer on behalf of a wholesaler, the commercial duty to notify defects shall also apply in full and without restriction. This provision 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 or renders use impossible, even though the Seller has declared its readiness to perform, the Customer shall be in default of acceptance. Acceptance of the delivery may not be refused due to insignificant defects.

11.7 Defects due to improper operation, system components altered 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 customer or third parties are excluded from the warranty. If goods are used in conjunction with third-party devices, a warranty for functional and performance defects only exists if such defects also occur without such a connection or if compatibility with these objects is part of the contractually agreed quality.

11.8 If a delivery is defective, the Seller may, at its discretion, perform supplementary performance by remedying the defect (repair) or by delivering a defect-free item (replacement delivery). In the latter case, the Customer is obliged to return defective goods at the Seller's request in accordance with statutory provisions. If the Customer is a consumer, the preceding sentence applies with the proviso that uses do not have to be surrendered or replaced by their value. The Customer must grant the Seller time and opportunity for supplementary performance, in particular for repair.

11.9 The expenses necessary for the purpose of inspection and supplementary performance, in particular transport, travel, labor and material costs, shall be borne by the Seller in accordance with statutory provisions, if a defect actually exists. In the event of an unjustified request for rectification of defects by the customer, the Seller is entitled to demand compensation for its supplementary performance costs, unless the customer is not responsible for the incorrect notification of defects. If supplementary performance fails, the Seller definitively and seriously refuses supplementary performance (also according to § 439 (4) BGB), supplementary performance is unreasonable for the customer or a case of § 323 (2) BGB exists, the customer may, without prejudice to any claims for damages, withdraw from the contract or reduce the consideration.

11.10 The customer's claims and rights due to defects do not exist in the case of only insignificant deviation 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 faulty or negligent handling or storage, excessive stress, unsuitable operating materials or special external influences that were not assumed under the contract. If the customer is entitled, due to the failure of subsequent performance, to continue to demand subsequent performance on the one hand and to assert the statutory rights to which he is entitled instead on the other hand, the seller can request the customer to exercise his rights within a reasonable period. The customer must notify 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 due time, he can only assert them, in particular the right to withdraw or claim damages instead of performance, if a new reasonable deadline for subsequent performance to be determined by him has expired unsuccessfully. This provision does not apply to consumers.

11.11 The Customer's recourse claims against the Seller according to § 445a BGB exist only insofar as the Customer has not made any agreements with its customer that go beyond the statutory defect claims. This provision does not apply to consumers.

11.12 The shortened limitation period and the exclusion of liability according to this section 11 do not apply in cases of intentional or negligent injury to life, limb, or health, in the event of an intentional or grossly negligent breach of duty by the Seller, in the event of fraudulent concealment of a defect, in the event of a relevant guarantee of quality, or in claims under the Product Liability Act.

11.13 Insofar as the Seller supplies updates, upgrades, new program versions or other new content to the original contractual object under this contract, this section 11 applies accordingly.

11.14 In the event of defects in title, the provisions in this section 11 apply accordingly.

 

12) Warranty for contracts according to section 3.3 b)

12.1 The provisions of this section 12 apply to contracts according to section 3.3 b).

12.2 The Customer is entitled to the statutory rights in the event of material defects. The Customer is obliged to inform the Seller of material defects without delay.

12.3 The customer's right to extraordinary termination due to non-granting of contractual use in accordance with § 543 Para. 2 S. 1 No. 1 BGB is excluded. This does not apply if the defect is one that the Seller fraudulently concealed or in the event of untimely delivery to the customer, if the Seller is responsible for the delivery delay.

12.4 The customer's claims and rights due to defects do not exist if he uses the software improperly or abusively, if he modifies or changes the software without the prior written consent of the Seller, or if problems or errors are based on the fact that the software is used in a hardware or software environment that does not meet the requirements specified in the license certificate, unless he proves that the defect is due to the software.

12.5 The customer's claims and rights due to defects do not exist in the event of only an insignificant deviation from the agreed quality, only an insignificant impairment of usability, natural wear and tear or damage, insofar as these are due to faulty or negligent treatment or storage, excessive stress, unsuitable operating materials or special external influences that were not assumed under 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 event of an intentional or grossly negligent breach of duty by the Seller, in the event of fraudulent concealment of a defect, in the event of a relevant guarantee of quality, or in claims under the Product Liability Act.

12.7 Insofar as the Seller supplies updates, upgrades, new program versions or other new content to the original contractual object under this contract, this section 12 applies accordingly.

12.8 In the event of defects of title, the provisions in this section 12 apply accordingly.

13) Warranty conditions "100% Money-back guarantee"

The warranty is limited to 3 years from the invoice date. This excludes products with a limited lifespan. For such products, the warranty is limited to the product's lifespan. Upon proof that the product was purchased from the Seller and upon written confirmation that the product is no longer in use and has not been passed on to third parties, 100% of the paid price will be refunded without stating reasons. The refund will be made 14 days after receipt of the proof and confirmation by the Seller. This guarantee only applies to consumers.

 

14) Liability for other breaches of duty

14.1 For breaches of duty that do not constitute material or legal defects according to sections 11 and 12, the Seller is liable for intentional and grossly negligent conduct of 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 of its organs and vicarious agents in the event of impossibility, delay in performance, non-compliance with a guarantee or breach of any other essential contractual obligation. Essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner can regularly rely. In these cases, the Seller's liability is limited to such typical contractual damages that the Seller could reasonably have foreseen at the time of concluding the contract.

14.3 Any liability of the Seller beyond the liability according to sections 12.1 and 12.2 – regardless of the legal grounds – is excluded. This applies in particular to all claims due to breach of contractual obligations and to claims arising from tort, but not to those due to fault at the time of contract conclusion.

14.4 The Seller accepts no liability for any data loss during inspection, possibly necessary repair measures or other services. The Customer must ensure that the data on the respective devices or data carriers is backed up and that no sensitive data is stored on them.

14.5 Any limitation of liability agreed with the customer also applies in favor of the Seller's organs and vicarious agents.

14.6 Claims under the Product Liability Act remain unaffected.

 

15) Redemption of promotional vouchers

15.1 Vouchers issued free of charge by the Seller as part of promotions with a specific validity period and which cannot be purchased by the Customer (hereinafter "Promotional Vouchers") can only be redeemed in the Seller's online shop and only within the specified period.

15.2 Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher.

15.3 Promotional vouchers can only be redeemed before completing the order 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 at least correspond to the amount of the promotional voucher. Any remaining credit will not be reimbursed 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 chosen to settle the difference.

15.7 The credit of a promotional voucher will neither be paid out in cash nor accrue interest.

15.8 The promotional voucher will not be refunded if the customer returns the goods paid for entirely or partially with the promotional voucher within the scope of their statutory right of withdrawal.

15.9 The promotional voucher is transferable. The Seller can make payment with discharging effect to the respective holder 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 lack of authorization, legal incapacity or lack of representation authority of the respective holder.

 

16) Mention as reference

If the customer is an entrepreneur, he agrees to be named by the seller as a reference 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. This consent can be revoked at any time with effect for the future by declaration to the seller.

17) Final Provisions

17.1 The contractual partner is only entitled to assign rights and claims arising 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 shall apply exclusively, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG) and the referrals of international private and procedural law. For consumers, this choice of law applies only insofar as mandatory provisions of the law of the state in which the consumer has their habitual residence do not grant broader protection.

17.3 The exclusive place of jurisdiction for all disputes arising from and in connection with contracts to which these General Terms and Conditions apply is the seller's registered office; however, the seller is entitled to sue the customer at any legally available place of jurisdiction. This provision 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 resolution of disputes arising from online purchase or service contracts involving a consumer. The seller is not obliged to participate in a dispute resolution procedure before a consumer arbitration board but is generally willing to do so. However, the other provisions of this Clause 17 are not affected thereby.