General Terms and Conditions for Orders in the Online Shop of Software and Support Media GmbH
1. Scope of application, supplier and conclusion of contract
1.1 These General Terms and Conditions of Business apply to all orders placed by customers via the online shop of Software & Support Media GmbH, Schwedlerstr. 8, 60314 Frankfurt, Germany, available at https://devm.io.
1.2 The product presentations in the online shop serve to submit a purchase offer. By clicking on the button [ORDER NOW] you are making a binding offer to purchase.
1.3 We will confirm receipt of your subscription order immediately by e-mail and accept your subscription order by sending a separate order confirmation e-mail. The content of the contract is set out in this order confirmation e-mail.
1.4 If our order confirmation contains typographical or printing errors or if our pricing is based on technical transmission errors, we are entitled to contest the order. Any payments already made will be refunded to you without delay.
1.5 The text of the contract will be stored by us. You have no access to the text of the contract stored by us via the Internet. Upon your request, the contract text stored by us will be sent to you by e-mail.
1.6 Any information required for an order or for the conclusion of the contract must be provided completely and correctly and must always be kept up to date. We are entitled to make the acceptance of your offer dependent on suitable proof of your identity and/or legal capacity.
2 Prices
2.1 The prices stated on our website include the statutory value added tax. Reference is made to other price components (e.g. shipping costs) in the statutory form.
3 Digital Subscriptions
3.1 devm.io team licences and the single licence annual subscription are concluded for a period of one year from the conclusion of the contract (minimum contract period). The term is automatically extended by a further year if the subscription is not cancelled in writing (by fax, post or e-mail) at least 6 weeks before the end of the subscription period. The date of receipt of the notice of termination by us shall be decisive for the observance of the deadline. Single licences (but not the single licence annual subscription) of devm.io can be cancelled at any time. The licence and the access end with the expiry of the current paid month. Single licences are valid for one user with one individual e-mail address or account and are not transferable to other persons and the account may not be used by other persons. The same applies to team licences within the scope of the purchased number of licences. Violations of these licence conditions will be punished accordingly.
3.2 After expiry of the minimum contract period we are entitled to increase the price for the print subscription, the single licence annual subscriptions as well as for devm.io team licences appropriately. We will notify you of any price increases within a reasonable period of time and expressly give you the opportunity to object and terminate the contract. In the event of an objection, we are entitled to terminate the subscription for good cause.
4. Terms of payment
4.1 Payment can be made either by credit card or bank transfer/invoice.
4.2 If you choose the payment method bank transfer/invoice, we will provide you with our bank details in the order confirmation. The invoice amount is to be transferred to our account within 5 days after receipt of the invoice.
4.3 In the event that a subscription is concluded, the total price stated in the order confirmation for the term (1 year in each case) of the subscription is to be paid in full in advance.
4.4 Otherwise, we reserve the right to execute orders only against payment in advance.
5 Additional information on and conditions for digital orders
5.1 Our editorial offers are also available digitally.
5.2 With the provision or transmission of the respective digital content, we grant you a simple right of use, limited in space and time, to the respective content. Any further use – in particular publication on the internet, downloading as well as unauthorised duplication, distribution or making available of the contents via the internet – is not permitted. Furthermore, any editing or manipulation of the contents as well as the removal of copyright information and source references is prohibited in any case. The rights of use granted are not transferable or sub-licensable.
5.3 The granting of the right of use is subject to full payment of the purchase price.
5.4 We are furthermore entitled to revise and/or otherwise change the contents at any time – in particular if this is necessary for legal, content-related and/or technical reasons.
5.5 The content can be accessed via the respective online shop (cf. 8.1) and may require registration or the conclusion of a separate user agreement for a platform (e.g. Google Play Store, iTunes, etc.) as well as access to the Internet.
5.6 Furthermore, special software may be required to view the content, which may be subject to its own terms of use and licensing conditions. Depending on the online shop, a specific operating system (e.g. iOS for iTunes) may also be required. For more information on the technical requirements for viewing the content, please refer to the respective product description.
5.7 Furthermore, the retrieval of the content requires the resources of the end device used (e.g. main memory, battery, etc.) and can lead to its other performance being impaired. In addition, further costs may be incurred if you do not have a corresponding flat rate. Please contact your internet/mobile provider for information on the costs incurred for this – especially when staying abroad.
6. Right of revocation for consumers (§ 13 BGB) End of the revocation instruction.
6.1 Cancellation policy / Right of cancellation. You have the right to cancel this contract within fourteen days without giving any reason. In the case of a purchase contract, the revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods. In the case of a contract for several goods which you have ordered as part of a single order and which are delivered separately, the cancellation period shall be fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the last goods. In the event of a contract for the delivery of goods in several partial consignments or pieces, the withdrawal period shall be fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the first goods. In the case of a contract for the regular delivery of goods over a fixed period of time (subscription), the cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the last part shipment or piece. In the case of an order for a digital offer, the withdrawal period is fourteen days from the conclusion of the contract. In order to exercise your right of revocation, you must inform us Software & Support Media GmbH Schwedlerstr. 8 D-60314 Frankfurt am Main Tel.: +49 (0)69 630 089 0 Fax: +49 (0) 69 – 63 00 89 89 E-mail: [email protected] by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You may use the enclosed model withdrawal form for this purpose, which is, however, not mandatory. To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. Consequences of revocation: If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earliest. You must return or hand over the goods to us Software & Support Media GmbH Schwedlerstr. 8 D-60314 Frankfurt am Main Tel.: +49 (0)69 630 089 0 Fax: +49 (0) 69 – 63 00 89 89 E-mail: [email protected] without undue delay and in any event no later than fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
6.2 Sample cancellation form. (If you wish to cancel the contract, please complete and return this form).
_______________________
To
Software & Support Media GmbH
Schwedlerstr. 8
D-60314 Frankfurt am Main
Fax: +49 (0) 69 – 63 00 89 89
E-mail: [email protected]
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*) Ordered on (*)/received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of paper communication)
Date
__________________________
(*) Delete where inapplicable
6.3 Exceptions to the right of withdrawal. The right of withdrawal does not apply to distance contracts
6.4 Expiry of the right of withdrawal for digital content. The right of withdrawal expires in the case of a contract for the supply of digital content not on a tangible medium even if the trader has started to perform the contract after the consumer has given his express consent:
1. Expressly consented to the trader starting the performance of the contract before the end of the withdrawal period, and
2. Confirmed his knowledge that, by giving his consent, he would lose his right of withdrawal upon commencement of the performance of the contract.
End of the cancellation policy
7 Warranty
7.1 The statutory liability for defects for goods shall apply.
8. Liability
8.1 We exclude our liability for slightly negligent breaches of duty insofar as these do not concern essential contractual duties (so-called cardinal duties), damages from injury to life, body or health or guarantees or claims under the Product Liability Act are affected. Material contractual obligations are obligations the fulfilment of which is essential for the proper performance of the contract and the fulfilment of which you may rely on.
8.2 The same applies to breaches of duty by our vicarious agents and legal representatives.
9. Final provisions
9.1 These general terms and conditions comprehensively and conclusively regulate the contractual relationship. Amendments and supplements must be made in writing to be effective. This also applies to the cancellation of this written form clause.
9.2 Should any provision of these General Terms and Conditions be invalid, the remainder of the contract shall remain valid. The relevant statutory provisions shall apply in place of the invalid provision.
9.3 The law of the Federal Republic of Germany shall apply to the exclusion of the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-law rules of the EGBGB.
9.4 If you are an entrepreneur or if you do not have a general place of jurisdiction in Germany or another EU member state or if you have moved your place of residence abroad after these general terms of use have come into effect or if your place of residence or usual place of abode is not known when legal action is brought, the exclusive place of jurisdiction is the registered office of Software & Support Media GmbH