Terms and conditions of à la carte software
Notice Conditions are also available as download (german version).
1. General information, offers and order, delivery
These Terms and Conditions (GTC) all agreements, deliveries and services of à la carte software as a result of online orders via the Internet or other remote means of communication (email, letter, fax, telephone, etc.), is based. They are recognized by award of the contract or acceptance of delivery. Deviating purchasing conditions of the customer which are not expressly recognized in writing, are not binding for us, even if we do not expressly contradict them. Regulations that amend these terms and conditions supplement, and / or cancel, are only valid if we have confirmed in writing. Information in prospectuses, performance summaries, and other promotional materials are non-binding, unless they are expressly designated as binding. Structural or design changes that are due to the improvement of the technology or to legislative requirements during the delivery time reserved if the delivery item is not substantially changed and the changes are reasonable for the customer.
2. delivery, delivery time and delivery delay
The delivery period begins with the date of dispatch of the order confirmation and is maintained, by the end of the delivery period if the product has left the factory / warehouse or forwarding option readiness for dispatch is reported. However, the delivery period does not begin before the provision of the customer, if necessary, documents, permits, approvals and receipt of an agreed deposit. The delivery deadline is met if, before its expiration, the readiness for shipment or delivery has left the works. Partial deliveries are permitted within the delivery times specified by us, as long as disadvantages for the use not be inferred. In their early delivery and not the originally agreed date shall prevail. Proper and timely delivery is reserved. The delivery period shall be extended - even within a delivery delay - in the event of unforeseen obstacles that could not be prevented despite reasonable under the circumstances of the case carefully hand - whether from us or our subcontractors occurred - for example: operational disruptions, governmental interference, power supply problems delays in the delivery of essential raw materials and building materials. The same applies in the case of strikes and lockouts. We need to tell the customer immediately such obstacles. As long as the customer is a liability, for example, with a deposit or part payment, in arrears, resting our obligation to deliver. An agreed delivery period shall be extended accordingly. In subsequent amendments to the contract, which may affect the delivery period, the delivery period shall be extended accordingly, unless special agreements have been made. Case of culpable exceeding an agreed delivery time delivery delay is given only after a reasonable period. If the contract - also - the delivery, creation or customization of software is a grace period is considered to be agreed between the parties as appropriate, if this is at least 6 weeks. After unsuccessful expiry of the grace period, the customer is entitled to withdraw from the contract by written notice or claim damages for non-performance in the case of intent or gross negligence. The right to delivery is excluded in this case.
Price changes are permitted, if the time between conclusion of the contract and the agreed delivery more than four months. Increase thereafter until the completion of the delivery costs, material costs or the market cost price, so we are entitled to increase the price appropriately according to the cost increases. The customer is only entitled to rescind the contract if the price increase exceeds the increase in the general cost of living between order and delivery significantly.
4. payment, SEPA prior information
The purchase price and the charges for ancillary services are due upon delivery of the delivery item for payment. In default of payment, we are entitled from the occurrence of default interest at the rate of 8 percentage points above the base rate, provided that the customer is a consumer is in the amount of 5 percentage points above the base rate to calculate. If an agreed payment terms provide for a cash discount under certain conditions, it will be granted only if no other receivables from deliveries and services are unpaid at the time of payment. If the customer is a merchant, a legal entity under public law or a public law special fund, the withholding of payments due to any of us are not recognized counterclaims of the customer is not permitted, nor are the any offsetting. If invoices for goods and services via the SEPA Core Direct Debit / Direct Debit payment method, the customer receives a Preliminary information on the direct debit at least one day before the due date. This preliminary information can be made informally, it is the firm à la carte software free, this example be sent by e-mail or with the recovered account.
5. Transfer of Risk, Shipping and Freight
If the goods are sent to the customer's request this, so go with their delivery to our shipping agent, but at the latest when they leave the factory or warehouse, the risk of accidental loss or accidental deterioration of the goods to the customer independently of whether the dispatch of effected performance and who bears the freight charges. If the goods are ready for shipment and the shipment is delayed or acceptance for reasons that we are not responsible, the risk shall be transferred upon receipt of notification of readiness for shipment to the customer. Otherwise the risk passes to the adoption of the delivery item transfers to the customer. If the customer is consumer, the risk of accidental loss and accidental deterioration of the object of delivery is sent by mail only with the delivery of the delivery item to the customer, regardless of shipping method you choose. If the customer, he will not accept the delivery item, the risk of accidental loss or accidental deterioration of the object of delivery at the time of the refusal to the Customer.
6. Receipt and acceptance delay
If the customer accepts delivery or performance within 14 days, so we can customers a grace period of 10 days, with the explanation that we reject a decrease after the expiration of the grace period. After unsuccessful expiry of the grace period, we are entitled to withdraw by written notice from the contract or to claim damages for non-performance. If we claim damages, so this is 15% of the agreed fee for the unanswered goods or services, unless we have a higher or the customer proves a lower damage. The settlement period is not required if the customer seriously and finally refuses or is obviously not within that time to pay the purchase price able.
7. Retention of title
1. The goods remain our property until all claims. Before a pledge or security purposes is prohibited and resale allowed only for resellers in the ordinary course of business, on condition that the reseller of the product in turn sold under retention of title and already assigns the purchase price claim on us.
2. You are entitled to collect the assigned claims in the ordinary course of business. The authorization may be revoked at any time if you do not meet your payment obligations.
3. The customer may not fully paid items delivered neither pledge nor assign them as security. In case of seizure, confiscation or other third party, the customer must notify us immediately and provide us with all information and documents that are required to protect our rights. Enforcement officers and third parties are made ??aware of our property.
1. For material and manufacturing defects, we provide 12 months (for consumers: 24 months) from the delivery of free replacement. Consumers can also request free removal of defects instead of a replacement.
2. Any further warranty against defects can not be accepted. In particular, no guarantee that the software will meet your requirements and purposes or in conjunction with other software programs you selected and system components.
3. Are you an entrepreneur, you must show obvious defects of the goods within 14 days of receipt of the goods. Otherwise, the goods are deemed accepted. In case of justified complaint, we take back the defective Goods and supply of a replacement; Instead, we are also entitled to repair.
4. If we fail to comply with the obligation to supply a replacement or in the case of repair fails after this grace period, you are entitled to the right of rescission (cancellation of contract) or reduction (reduction of the payment).
5. Further claims, especially claims for compensation are excluded. This does not apply if you are a consumer.
If you are a business within the meaning of § 14 BGB and upon conclusion of the contract in the performance of your commercial or self-employment, the right of withdrawal does not exist.
Conditions (for the supply of goods)
You can without giving reasons in writing (eg letter, fax, email) or your contract within 14 days - if the goods before the deadline - by returning the goods revoked. The time limit begins after receipt of this instruction in text form, however not before receipt of the goods by the consignee (in case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also does not fulfill our obligations under Article 246 § 2 in connection with § 1 paragraph 1 and 2 draft Law and our obligations according to § 312e paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 BGB. The revocation period is sufficient to send the revocation or thing. The revocation must be sent to:
à la carte software
consequences of revocation
In case of an effective cancellation the mutually received benefits are to be returned and any benefits (eg interest) surrendered. If you can not or partially, or only return them in deteriorated condition give us the performance received and benefits (eg benefits), you have to pay us compensation. For the deterioration and derived benefits, you must pay compensation only to the extent the uses or the deterioration is due to a deal with the matter, beyond the consideration of the characteristics and functioning. By "testing the properties and functioning" refers to the testing and trying out the goods, as it is possible and customary in a retail store. Transportable items are to be returned at our risk. You have to bear the cost of returning the goods if the delivered goods ordered and corresponds to the price of the returned does not exceed an amount of 40 euros or if you are at a higher price the thing at the time of the revocation yet the return or a have provided contractually agreed partial payment. Otherwise the return is free for you. Not parcel things do you pick. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your cancellation or the goods, for us with their reception.
End of cancellation policy
Conditions (for the provision of services)
You can revoke your contract within 14 days without giving reasons in writing (eg letter, fax, e-mail). The time limit begins after receipt of this instruction in text form, however not before contract conclusion and also does not fulfill our obligations under Article 246 § 2 in connection with § 1 paragraph 1 and 2 draft Law and our obligations according to § 312e paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 BGB. The revocation period is sufficient to send the revocation. The revocation must be sent to:
à la carte software
consequences of revocation
In case of an effective cancellation the mutually received benefits are to be returned and any benefits (eg interest) surrendered. If you can not or partially, or only return them in deteriorated condition give us the performance received and benefits (eg benefits), you have to pay us compensation. This can cause you to revocation must fulfill the contractual payment obligations for the period nevertheless. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you when you send your contract termination, for us with their reception.
Your right of cancellation expires prematurely if the contract is completely fulfilled by both parties at your express request before you have exercised your right of revocation.
End of cancellation policy
The right of withdrawal according to § 312 para. 4 no. 1 BGB apply to distance contracts for the delivery of goods which are not suitable due to their condition for a return (software download and software unlocks) and in accordance with § 312 para. 4 no. 2 BGB not apply to distance contracts for the delivery of audio or video recordings or software if the disk has been unsealed by the consumer.
Exercise your legal right of withdrawal (.. Refer to Conditions in accordance with No. 9), you have to bear the cost of returning the goods if the delivered goods ordered corresponds and if the price returned the case of an amount of 40, - does not exceed EUR or if you have not the time of cancellation paid the consideration or a contractually agreed partial payment at a higher price the thing. Otherwise the return is free for you.
Payments already made will be transferred to the specified when ordering bank or credit card account. If no payment details are left, you will receive a check. If the invoice has not been previously paid by you, the bill becomes moot by the return.
10. investigation and reprimand
The customer shall examine the delivered products including the documentation within 8 working days of delivery. When delivered software in particular with regard to the completeness of the disks and manuals as well as the functioning of basic program functions. Defects, which are locked or which are identifiable, must be reported to us within a further 8 working days on the form of the delivery package. The complaint must include a specific description of the claimed defect. The specifications of the defects form are observed. The customer agrees in the event of defects in terms of delivered software we, us to leave those data at our request, required for a reproduction of the claimed defect. Defects that are not recognized in the context of the described investigation must be reported within 8 working days of discovery under the requirements above, within the warranty period. In case of breach of the investigation and reprimand the delivered goods shall, in respect of the relevant defect to be approved. This section does not apply to consumers.
For damages arising from injury to life, body or health, the Company shall be liable software à la carte by the statutory provisions. For other damages, they shall be liable (subject to the next sentence) only for intent and gross negligence. For other damages based on a breach of a contractual obligation, the company adheres software à la carte for simple negligence, but limited to the time of the infringement foreseeable damage. Liability under the product liability law remains unaffected by the above provisions. You are required to use provided updates, patches and / or service packs for the software, and before you install the software and then periodically, and especially before you make a change to the hardware or software environment to back up your data. Unless you meet the contributory negligence by the breach of contractual obligations or by you or a third party modifications made to the software or by improper handling or incorrect operation of the product, the company Software is not liable à la carte. You is not responsible for the selection, installation and use, and the intended results of the software. Additional expenses in the settlement, arising from the fact that the contract was brought to a place other than the place of delivery shall be borne by you.
12. Validity of DIN standards
Arise under the present agreement between the Parties disagreements over the content computerized technical terms and symbols, quality requirements, format requirements, or the like, adhering to the respective time of the contract applicable DIN standards as agreed. If a DIN standard changed after the contract, but before the completion of the program, we are kept within reason, but not the obligation, to take into account the requirements of the new standard. Significant changes of the programming work and extensive program changes we must not make, in so far as this can be achieved only through a significant time or financial costs.
13. Assignment ban
You can only offset undisputed or legally established claims. Without our written consent rights under contracts concluded with us shall not be assigned to third parties.
The company à la carte Software is entitled to charge your required for the transaction of the business relationship personal data within the meaning of the Federal Data Protection Act / Tele Media Act, to store and process. You can view your stored personal data free of charge or receive.
15. Collision with other terms and conditions
If the customer also uses standard terms, the contract is concluded even without express agreement on the inclusion of general terms and conditions. As far as the various terms and conditions are in tune, they are considered as agreed. The statutory provisions of dispositive law office contradictory individual schemes. The same applies in the event that the customer terms and conditions contain provisions which are not included under these terms and conditions. If the present Terms and Conditions arrangements that are not included in the terms and conditions of the customer, as the present terms and conditions apply.
All agreements that involve a modification, addition or specification of these Terms and Conditions, as well as special representations and agreements must be in writing. If they are declared by representatives or auxiliary persons of us, they are only binding if we give our written consent for this purpose.
17. Invalidity clause
The invalidity of a single provision of the agreement concluded with the Customer Agreement shall not affect the validity of the remaining provisions.
18. Choice of law
The parties agree in regard to all legal relations arising from this contractual relationship, the application of the law of the Federal Republic of Germany under exclusion of the UN Sales Convention, even if the customer has its registered office abroad.
19. Place of performance and jurisdiction
Place of performance for all obligations arising from the contractual relationship is our seat if the customer is an entrepreneur, a legal person under public law or a public law special fund. For all disputes arising from the contractual relationship is when the customer is a trader, a legal entity under public law or a public law special fund to bring the action before the court, which is responsible for our headquarters. We are also entitled to sue the customer's head office.
à la carte software
Tel .: +49.6262.91012