Terms and conditions

Terms and Conditions

Table of contents

  1. Scope
  2. Conclusion of contract
  3. Right of withdrawal
  4. Prices and payment terms
  5. Provision of content
  6. Granting of rights of use
  7. Liability for defects
  8. Applicable law
  9. Code of Conduct
  10. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Softwarewelt24 UG (limited liability) (hereinafter "Entrepreneur") apply to all contracts for the provision of data created and provided in digital form (digital content) that a consumer or entrepreneur (hereinafter "Customer") concludes with the Entrepreneur regarding the digital content described by the Entrepreneur in its online shop. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity.

1.3 An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her commercial or independent professional activity.

2) Conclusion of contract

2.1 The contents described in the entrepreneur's online shop do not constitute binding offers on the part of the entrepreneur, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the entrepreneur's online shop. After placing the selected items in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the items contained in the shopping cart by clicking the button that completes the ordering process.

2.3 The entrepreneur can accept the customer’s offer within five days,

  • by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
  • by providing the customer with the ordered content, or
  • by requesting payment from the customer after placing his order.

If several of the aforementioned alternatives exist, the contract is concluded at the time one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the dispatch of the offer. If the entrepreneur 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 their declaration of intent.

2.4 If you select a payment method offered by PayPal, the payment will be processed via the payment service provider PayPal (Europe) S.à. r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available 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 and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.

2.5 When submitting an offer via the entrepreneur's online order form, the contract text will be saved by the entrepreneur after the contract has been concluded and sent to the customer in text form (e.g., email, fax, or letter) after the order has been sent. The entrepreneur will not make the contract text accessible beyond this time. If the customer has set up a user account in the entrepreneur's online shop before submitting their order, the order data will be archived on the entrepreneur's website and can be accessed free of charge by the customer via their password-protected user account by entering the corresponding login data.

2.6 Before submitting a binding order via the company's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detecting input errors can be the browser's zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the order process.

2.7 The German language is available for the conclusion of the contract.

2.8 Order processing and contact are generally carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the entrepreneur can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the entrepreneur or by third parties commissioned by the entrepreneur to process the order can be delivered.

3) Right of withdrawal

Consumers generally have a right of withdrawal. Further information on the right of withdrawal can be found in the entrepreneur's cancellation policy.

4) Prices and payment terms

4.1 The prices stated by the entrepreneur are total prices and include statutory VAT.

4.2 The payment options are specified in the entrepreneur’s online shop.

4.3 When selecting a payment method offered via the "Shopify Payments" payment service, payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments are communicated to the customer in the entrepreneur's online shop. Stripe may use other payment services to process payments, for which special payment terms may apply, to which the customer may be separately informed. Further information on "Shopify Payments" can be found online at https://www.shopify.com/legal/terms-payments-de available.

5) Provision of content

Digital content is provided to the customer as follows:

  • via download
  • by email

6) Granting of rights of use

6.1 Unless otherwise stated in the description of the content in the entrepreneur's online shop, the entrepreneur grants the customer the non-exclusive, geographically and temporally unlimited right to use the content provided for private and commercial purposes.

6.2 The transfer of the contents to third parties or the creation of copies for third parties outside the scope of these General Terms and Conditions is not permitted unless the Entrepreneur has agreed to the transfer of the contractual license to the third party.

6.3 To the extent the contract relates to the one-time provision of digital content, the granting of rights only becomes effective once the customer has paid the contractually agreed remuneration in full. The entrepreneur may also provisionally permit the use of the contractual content prior to this point in time. Such provisional permission does not constitute a transfer of rights.

7) Liability for defects

The statutory liability for defects applies.

8) Applicable law

8.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

8.2 If the Licensee acts as a merchant, a legal entity under public law, or a special fund under public law with its registered office in the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this Agreement shall be the Licensor's registered office. If the Licensee's registered office is outside the Federal Republic of Germany, the Licensor's registered office shall be the exclusive place of jurisdiction for all disputes arising from this Agreement if the Agreement or claims arising from the Agreement can be attributed to the Licensee's professional or commercial activity. In the aforementioned cases, however, the Licensor is entitled in any case to bring proceedings before the court at the Licensee's registered office.

9) Code of Conduct

The entrepreneur has submitted to the following code of conduct:

10) Alternative dispute resolution

10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online sales or service contracts involving a consumer.

10.2 The entrepreneur is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.