§1 Scope and provider
(1) These General Terms and Conditions (hereinafter referred to as “GTC”) of the online shop trading under “Marcel Zumack (sole trader)” (hereinafter referred to as “Licensor”, “Seller”, “We”) apply to all contracts concluded by a consumer (hereinafter referred to as “Licensee”, “Buyer”, “Customer”) with the Seller with regard to the software products (hereinafter referred to as “Software”, “Licence”) presented by the Seller in its online shop.
(2) The contractual language is German.
(1) In order to buy our software the customer has to register.
(2) For the registration an e-mail address, a username and a password are necessary. For the invoice generation, additional personal information such as address, phone number and country are required.
(3) The customer ensures that all information provided at registration is correct and complete.
(1) As a seller, we offer software to the customer. The software is made available for download via the Internet after successful completion of the order.
(2) The customer can view all orders placed in the order menu and download the software via this after purchase.
§4 Right of revocation for customers
(1) Customers are generally entitled to a right of withdrawal. You have the right to revoke this contract within fourteen days without giving any reason.
(2) The revocation period is fourteen days from the day of the conclusion of the contract.
(3) In order to exercise your right of withdrawal, you must inform us (Marcel Zumack (sole trader), Westenhellweg 29, 59192 Bergkamen, e-mail: [email protected]) by means of a clear declaration (e.g. letter or e-mail) of your decision to withdraw from this contract.
(4) If you withdraw from this contract, we must repay you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment (except PaySafeCard) that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
(6) The right of cancellation expires prematurely if we have commenced performance of the contract after you have expressly agreed that we commence performance of the contract before the expiry of the cancellation period, and you have confirmed to us your knowledge that you lose your right of cancellation by giving your consent upon commencement of performance of the contract.
§5 Final provisions
(1) The law of the German Federal Republic applies. Binding regulations of the state, in which the customer has his or her main residence remain unaffected.
(2) If a customer had his main residence or permanent dwelling in Germany at the moment of conclusion of the contract, and either moved it at the time of bringing a suit, or his or her domicile at that time are unknown, then the place of jurisdiction for all disputes is the venue of the consumer.
(3) In case individual terms of this contract are invalid or contradict statutory rule, the contract remains unaffected by that for the rest. The invalid term or condition will be replaced conjointly by the contract parties with a lawful term or condition, which comes closest to the economical purpose of the invalid term or condition. The above-mentioned arrangement applies respectively for gaps or loopholes.