General Terms and Conditions with Customer Information

Table of Contents

1. Scope of Application
2. Subject Matter of the Contract
3. Conclusion of Contract
4. Right of Withdrawal
5. Remuneration
6. Delivery of the Software
7. Granting of Rights of Use
8. Cooperation Obligations of the Licensee
9. Liability for Defects
10. Applicable Law
11. Place of Jurisdiction
12. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions, hereinafter referred to as “Terms and Conditions”, of Christian Nennhuber, trading under “CompuClinic”, hereinafter referred to as “Licensor”, apply to all contracts concluded by a consumer or entrepreneur, hereinafter referred to as “Licensee”, with the Licensor regarding the software products presented by the Licensor in his online shop, hereinafter referred to as “Software”. The inclusion of the Licensee’s own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.

1.3 An entrepreneur within the meaning of these 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 their commercial or independent professional activity.

2) Subject Matter of the Contract

2.1 The subject matter of the contract is the provision of the Software offered by the Licensor to the Licensee in electronic form, together with the granting of certain rights of use, which are regulated in more detail in these Terms and Conditions.

2.2 The Licensee does not acquire any intellectual property rights in the Software. The source code of the Software is not part of the Software provided.

2.3 The respective product description in the Licensor’s online shop is decisive for the quality and characteristics of the Software provided by the Licensor. The Licensor does not owe any quality or characteristics of the Software beyond this.

2.4 Installation is not part of the contract. In this respect, the Licensor refers to the installation instructions. This also applies in particular to the hardware and software environment in which the Software is used.

2.5 Unless otherwise stated in the Licensor’s product description, the Licensee shall not receive any additional support services such as updates to the purchased software version or individual application support from the Licensor.

3) Conclusion of Contract

3.1 The software products described in the Licensor’s online shop do not constitute binding offers on the part of the Licensor, but serve as an invitation for the Licensee to submit a binding offer.

3.2 The Licensee may submit the offer via the online order form integrated into the Licensor’s online shop. After placing the selected Software in the virtual shopping cart and going through the electronic ordering process, the Licensee submits a legally binding contractual offer with regard to the Software contained in the shopping cart by clicking the button that completes the ordering process.

3.3 The Licensor may accept the Licensee’s offer within five days,

• by sending the Licensee a written order confirmation or an order confirmation in text form, for example by fax or email, whereby receipt of the order confirmation by the Licensee is decisive, or
• by providing the ordered Software to the Licensee, whereby receipt by the Licensee is decisive, or
• by requesting payment from the Licensee after submission of the order.

If several of the aforementioned alternatives exist, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. If the Licensor does not accept the Licensee’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Licensee is no longer bound by his declaration of intent.

3.4 If the payment method “PayPal Express” is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, hereinafter referred to as “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 for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer selects “PayPal Express” as the payment method during the online ordering process, he also issues a payment order to PayPal by clicking the button that completes the ordering process. In this case, contrary to section 2.3, the seller declares acceptance of the customer’s offer already at the time when the customer triggers the payment process by clicking the button that completes the ordering process.

3.5 The period for acceptance of the offer begins on the day after the Licensee sends the offer and ends at the end of the fifth day following the sending of the offer.

3.6 When submitting an offer via the Licensor’s online order form, the contract text is stored by the Licensor after conclusion of the contract and sent to the Licensee in text form, for example by email, fax or letter, after the Licensee has submitted the order. The Licensor does not make the contract text accessible beyond this.

3.7 Before bindingly submitting the order via the Licensor’s online order form, the Licensee can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors may be the browser’s zoom function, which can be used to enlarge the display on the screen. The Licensee can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.

3.8 The contract may be concluded exclusively in the German language.

3.9 Order processing and contact usually take place by email and automated order processing. The Licensee must ensure that the email address provided for order processing is correct so that emails sent by the Licensor can be received at this address. In particular, when using spam filters, the Licensee must ensure that all emails sent by the Licensor can be delivered.

4) Right of Withdrawal

Consumers generally have a right of withdrawal. Further information on the right of withdrawal can be found in the Licensor’s withdrawal policy.

5) Remuneration

5.1 For the provision of the Software and the granting of the required rights of use, the Licensor receives a flat license fee, the amount of which is stated in the respective product description.

5.2 The prices stated by the Licensor are total prices and include statutory value-added tax.

5.3 For payments in countries outside the European Union, additional costs may arise in individual cases for which the Licensor is not responsible and which must be borne by the Licensee. These include, for example, costs for money transfers by credit institutions, such as transfer fees or exchange rate fees.

5.4 The Licensee has various payment options available, which are indicated in the Licensor’s online shop.

5.5 If the payment method “PayPal” is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg, subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

5.6 If the payment method purchase on account is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The Licensor reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the Licensor will inform the Licensee of a corresponding payment restriction in the payment information in the online shop.

5.7 If the payment method purchase on account is selected, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The Licensor reserves the right to offer the payment method purchase on account only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the Licensor will inform the Licensee of a corresponding payment restriction in the payment information in the online shop. The Licensor also reserves the right to carry out a credit check if the payment method purchase on account is selected and to reject this payment method if the credit check is negative.

5.8 If the payment method “PayPal Invoice” is selected, the Licensor assigns his payment claim to PayPal. Before accepting the Licensor’s declaration of assignment, PayPal carries out a credit check using the transmitted customer data. The Licensor reserves the right to refuse the Licensee the payment method “PayPal Invoice” in the event of a negative check result. If the payment method “PayPal Invoice” is approved by PayPal, the Licensee must pay the invoice amount to PayPal within 30 days of receipt of the goods, unless PayPal specifies a different payment deadline. In this case, the Licensee can only make payment to PayPal with debt-discharging effect. However, even in the event of assignment of the claim, the Licensor remains responsible for general customer inquiries, for example regarding the goods, delivery time, dispatch, returns, complaints, withdrawal declarations and returns, or credit notes. In addition, the General Terms of Use for PayPal purchase on account apply, available at https://www.paypal.com/de/webapps/mpp/ua/pui-terms.

6) Delivery of the Software

6.1 The Licensor effects delivery by making a digital copy of the Software available to the Licensee for download via the Internet. For this purpose, the Licensor provides the Licensee with a link by email, through which the Licensee can initiate the download of the digital copy and save the copy at a storage location chosen by the Licensee.

6.2 For compliance with any delivery dates, the decisive point in time is the time at which the Software is made available online and the Licensee is notified thereof.

7) Granting of Rights of Use

7.1 The Licensor grants the Licensee a simple, unlimited in time, transferable right to use the Software in the agreed hardware and software environment for private and/or business purposes.

7.2 The Licensee is not granted any right to modify the Software.

7.3 Rental of the Software is not permitted.

7.4 The Licensee is prohibited from removing and/or modifying any copy protection that may be present.

7.5 The Licensee undertakes to ensure, by means of appropriate technical and organizational measures, that the intended use of the Software is secured.

7.6 The Licensee is entitled to make one copy of the Software for backup purposes. Copies of the Software used for proper data backup are part of the intended use.

7.7 If the Licensee makes use of his right to transfer the rights of use to a third party, he must impose his contractual obligations on the third party. Upon transfer, the Licensee’s rights of use expire. All existing copies of the Software must be deleted.

7.8 The granting of rights becomes effective in accordance with Section 158 para. 1 of the German Civil Code (BGB) only once the Licensee has fully paid the remuneration owed.

7.9 If the Licensee seriously violates the agreed rights of use, the Licensor may terminate the granting of the rights of use to the affected Software for good cause. This requires an unsuccessful warning with a reasonable deadline set by the Licensor.

7.10 In the event of termination, the Licensee is obliged to delete all existing copies of the Software and, upon request, to confirm this to the Licensor in text form.

7.11 All other statutory and contractual provisions remain unaffected.

8) Cooperation Obligations of the Licensee

8.1 The Licensee must inform himself about the essential functional features of the Software and bears the risk as to whether the Software corresponds to his wishes and needs. The establishment of a functional hardware and software environment for the Software, sufficiently dimensioned also with regard to the additional load caused by the Software, is the sole responsibility of the Licensee.

8.2 The Licensee must observe the instructions provided by the Licensor for the installation and operation of the Software.

8.3 The Licensor recommends that the Licensee take appropriate precautions in the event that the Software does not function properly in whole or in part, for example by daily data backup, fault diagnosis and regular checking of the data processing results, and that the Licensee create a suitable backup of his data before installing the Software.

9) Liability for Defects

If the Software is defective, the statutory provisions on liability for defects shall apply.

10) Applicable Law

All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law applies only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

11) Place of Jurisdiction

If the customer acts as a merchant, legal entity under public law or special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer has his registered office outside the territory of the Federal Republic of Germany, the seller’s registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activity. In the aforementioned cases, however, the seller shall in any case also be entitled to bring proceedings before the court at the customer’s registered office.

12) Alternative Dispute Resolution

12.1 The EU Commission provides an online dispute resolution platform 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 purchase or service contracts involving a consumer.

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