Conditions of Use
§1 General Provisions
All services and deliveries of softwarehandel24 to its customers shall exclusively be determined by the following general Terms and Conditions. Any opposing or different standard terms of the customer shall not apply even if not specifically rejected by softwarehandel24. The language of the contract shall be English.
§2 Conclusion of Contract
(1) Our services shall only invite the customer to make an offer and are not binding.
(2)The customer can put multiple items into his cart. While going through the process he shall choose his desired method of payment and delivery options. He shall give a binding offer of purchase after clicking the respective order button. The customer can also place his binding orders via phone or fax.
(3) The customers offer is subject to confirmation. Softwarehandel24 will immediately send a confirmation to the customer after receiving the offer. A contract shall only be formed upon the customer receiving a written confirmation from softwarehandel24 via e-mail or fax. In case of a telephone order softwarehandel24 shall give its confirmation while on the phone. If a confirmation is not given immediately the customer shall not be bound.
§3 Customer information: Saving the customer’s data
Your order with details on the contract (product type, price and such) shall be saved by softwarehandel24. Our general Terms and Conditions will be sent to you along the confirmation. The customer shall also be able to find our Terms and Condition at any time on our homepage.
With a registered account the customer shall be granted access to his past orders.
§4 Customer information: Correcting your data
The customer shall be able to correct any of his information prior to give his binding offer of purchase. The order process can also be terminated at any time prior to clicking on the order button by simply exiting the browser.
§5 Reservation of ownership
Softwarehandel24 shall remain owner of all items unless fully paid by the customer.
§6 Liability for defects
All our items are subject to warranty.
(2) Liability with respect to consumers on used goods
The customer’s right to hold softwarehandel24 liable for defects on used goods shall become statute-barred after one year upon delivery. The customer’s right for compensation, however, shall remain untouched. In case of fraudulent concealment the customer’s claim for defects shall also remain untouched. In these cases the customer’s rights are subject to the legal limitation period.
(3) Liability with respect to entrepreneurs
The customer’s right to hold softwarehandel24 liable for defects shall become statute-barred after one year upon delivery. The customer’s right for compensation, however, shall remain untouched. Exempted from this regulation are the customer’s rights in case of fraudulent concealment or if the delivered goods’ quality is guaranteed. This exemption also applies to §478 of the Bürgerliches Gesetzbuch (civil code of Germany). The legal period of limitation shall apply to the exemptions named above.
§7 Limitation of liability
Softwarehandel24 shall not be held liable for slight negligence as long as it does not result in breach of a material contractual obligation or injury to life, body or health. Furthermore, any of the customer’s rights coming from the Produkthaftungsgesetz (German product liability law) shall remain untouched. The same applies to our performing agents and legal representatives. Material contractual obligations are delivering the items to the customer and granting him ownership. Softwarehandel24 shall provide business free of material defects as well as lack of title.
§8 Place of jurisdiction
If the customer is an entrepreneur the place of jurisdiction for all disputes arising from this agreement shall be our place of business.
General Terms and Conditions 2015