Terms and Conditions

1 Scope

 

(1) The following terms and conditions apply to all orders, purchases and business relationships that a consumer or entrepreneur (hereinafter “customer” or “you”) concludes with Schleicher Graviertechnik / David Schleicher (hereinafter “seller” or “we”). The inclusion of the customer's own conditions is hereby rejected.

 

(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their independent professional or commercial activity.

2 Conclusion of a contract

 

(1) The subject of the contract is the sale of goods, in particular rights of use to software products.

 

(2) By placing the respective product on our online shop, we are already submitting a binding offer to conclude a contract. Associated conditions are specified in the item description.

 

(3) The contract for the online shopping cart system is concluded as follows:

  1. Selection of the desired goods

  2. Store the goods in the shopping cart by clicking the "Add to shopping cart" button

  3. The shopping cart can be called up using the appropriate buttons in the navigation bar. Changes can be made there at any time.

  4. Clicking on the “Checkout” button takes you to the “Complete order” form. The form always receives an order overview of the current shopping cart.

  5. In this form, all customer details (email address, name, telephone number, address) are entered in the first step. In addition, available payment options are displayed and selected or filled out by the customer.

  6. After clicking the "Next" button, if you have selected an instant payment system, you will be forwarded to the respective platform of the payment service provider (e.g. PayPal, Sofort)

  7. Appropriate selections are made or data entered on the payment service provider's platform.

  8. You will then be directed back to the order overview page in our online shop.

  9. Before submitting the order, you have the option of checking all the details again, changing them or canceling the purchase (e.g. using the "Back" function in your Internet browser)

  10. Before submitting the order, the terms and conditions, cancellation policy and data protection declaration must be accepted.

  11. By submitting the order using the "order for a fee" button, you are declaring legally binding acceptance of the offer, whereby the contract is concluded.

 

(4) For products outside of the online shopping cart system, your request to create an offer is non-binding for you. For this purpose, we will make you a binding offer in text form (e.g. by email), which you can accept within 14 days. The contract is concluded by accepting the offer.

 

(5) The processing of the order, the establishment of contact and the transmission of all information required in connection with the conclusion of the contract are usually carried out by e-mail. The customer must therefore ensure that the e-mail address he has stored is correct and that the receipt of the e-mails is technically ensured. This also applies in particular to the use of SPAM filters.

 

3 Prices and Terms of Payment

 

(1) Unless otherwise stated in the seller's product description / offer, the prices shown are final prices including statutory sales tax. There are also shipping costs, which depend on the type of shipping and the size and weight of the goods you have ordered. These shipping costs are specified separately in the respective product description.

 

(2) The individual payment options are communicated to the customer in the seller's online shop.

 

(3) If the payment option of prepayment by bank transfer has been agreed upon with the customer's order, payment is due immediately after conclusion of the contract.

 

(4) If the customer orders one of the payment methods offered by PayPal, the payment is processed by the service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal" ). The terms of use of PayPal apply. Depending on the type of payment, these are available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or https://www.paypal.com/de/webapps/mpp/ua/privacywax- full .

 

(5) For deliveries, orders or payments from / to countries outside the European Union, additional costs may arise for which the seller is not responsible. These are then to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (transfer fees and exchange rate fees) or import duties or taxes (customs duties)

 

4 Delivery

 

(1) Delivery is made to the delivery address specified by the customer. Software products are delivered as an instant download or as a download via a link in the order or order confirmation.

 

(2) If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or any other service permanently impossible, Schleicher Graviertechnik's obligation to perform is excluded. Schleicher Graviertechnik will immediately reimburse any amounts already paid.

 

(3) Schleicher Graviertechnik can also refuse to perform if this requires an effort that is grossly disproportionate to the customer's interest in fulfilling the purchase contract, taking into account the content of the purchase contract and the principles of good faith. Schleicher Graviertechnik will immediately reimburse any amounts already paid.

 

5 Software / License / Rights of Use

 

(1) If the product is software or if a part or accessory of the product is a software component, the conditions and agreements specifically listed in this chapter apply (hereinafter referred to as “license agreement (s)”).

 

(2) In addition, the license agreements also apply to software that is not sold by the seller via the online shop. This applies in particular to test versions and updates that are available in the download area of ​​the homepage.

 

(3) The license agreement is a legal agreement between you (hereinafter “user” or “you” or “your”) and Schleicher Graviertechnik. You must agree to this before you can download or use software or software components from Schleicher Graviertechnik (hereinafter “software”).

 

(4) By downloading or using this software, you agree to be bound by the terms of this license agreement.

 

(5) The license agreement regulates your acquisition and use of the software that was acquired directly from Schleicher Graviertechnik or indirectly from an authorized dealer or reseller.

 

(6) If you enter into the license agreements on behalf of a company or other legal person, you represent that you are authorized to bind that institution and its affiliates to these terms and conditions. If you do not have such authorization or if you do not agree to the license agreement, do not install or use the software.

 

(7) The license agreement only applies to software provided by Schleicher Graviertechnik, regardless of whether other software is referred to or described here. The license agreements also apply to updates, extensions, internet-based services and support services from Schleicher Graviertechnik for the software, unless these are provided with other conditions upon delivery. In this case these conditions apply.

 

5.1 Grant of License

 

(1) IF YOU AGREE TO THESE LICENSE AGREEMENTS, YOU WILL BE GRANTED A LIMITED, PERSONAL, WORLDWIDE, NON-SUBLICENSABLE, NON-SUBLICENSABLE, NON-TRANSFERABLE AND NON-EXCLUSIVE LICENSE TO USE THE SOFTWARE.

 

(2) You only receive a right to use (license) the software, but you do not become the owner of the software itself. This license agreement does not permit the installation of this software on a hardware partition, a blade server or a terminal server or in a other virtualization environment (hereinafter also referred to as “virtualization environment”).

 

5.2 Terms of Use

 

(1) If the software received is a free trial version, it may only be used for a period of 21 days. The start of the test period is the first time the software is activated when the software is started. After the test period has expired, the software must either be removed from the computer in question or a license to use the full version must be purchased.

 

(2) The software may only ever be activated and used on a single computer (PC, laptop or tablet). As soon as the software / license is deactivated on the current computer in question, the software can be activated and used again on any other computer.

 

(3) Authorized use of the software is requested via a license key. With the test version you will receive this automatically via the program interface when starting the application. The activation of full versions of the software is carried out using a license key provided and registered by Schleicher Graviertechnik, which you receive after purchasing a license for the full version. This license key is made available in the form of text, which must be entered into the software using the keyboard.

 

(4) A license key may only be used to exercise the right of use if it has been registered in the name of the user (especially email address).

 

5.3 Copyright

 

(1) The software contains confidential information from Schleicher Graviertechnik. Copyrights, trademark rights and other intellectual property rights to the software are the exclusive property of Schleicher Graviertechnik. You acknowledge that you are not acquiring any title to any software or any intellectual property contained therein.

 

5.4 Prohibited Things

 

(1) No parts of the software, the entire software or files contained in the software may be reproduced in whole or in part. In particular, the user is not authorized to change, adapt, modify or translate the software.

 

(2) You may not reproduce, copy, distribute or resell the software or use the software in any other way for commercial purposes.

 

(3) You may not reverse engineer, decompile or disassemble the software.

 

5.5 No liability for indirect damage

 

(1) The entire liability and its exclusive claims apply in any case only up to the amount that was paid for the product (software).

 

(2) Any liability of Schleicher Graviertechnik is limited to the replacement of the product (software) or the reimbursement of the purchase price

 

(3) Under no circumstances is Schleicher Graviertechnik liable for any kind of indirect or indirect damage resulting from the installation, use or the impossibility of using our software, provided this is legally permissible. This also applies if Schleicher Graviertechnik was advised of the possibility of such damage beforehand.

 

5.6 Confidentiality

 

(1) Each contracting party agrees to conscientiously protect confidential information that it has received from the other contracting party from unauthorized disclosure or use. This also counts in particular for the license key, which is provided by Schleicher Graviertechnik.

 

5.7 Updates

 

(1) The provisions of this agreement apply to all updates for the software made available by Schleicher Graviertechnik. There is no entitlement to the delivery of updates.

 

5.8 Home-or Academic-Editions

 

(1) If the software is specified as a home or academic version in the user documentation, on the software packaging or on the purchase or download page of the website, you may only use the software for educational or purely private purposes, but not for other purposes deploy. Home- or Academic-Versions of the software may not be used for commercial, professional, or other for-profit purposes.

 

5.9 Termination

 

(1) The license agreements named here apply from the date on which you download, install or use the software for the first time and are valid until terminated.

(2) You can cancel at any time by notifying Schleicher Graviertechnik in writing.

(3) The contract is also terminated immediately if you violate a provision of this license agreement.

(4) After such a termination / contract termination, the licenses granted in the license agreement are terminated immediately and you agree to cease all access to and use of the software.

 

6 Right of withdrawal

 

(1) Customers are generally entitled to a right of withdrawal.

 

(2) The relevant information can be found in the seller's cancellation policy.

 

7 Right of retention

 

(1) The customer is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.

 

8 Reservation of Title

 

(1) The delivered goods remain the property of Schleicher Graviertechnik until all claims against the customer from the purchase contract have been settled in full. As long as this retention of title exists, the customer may neither resell the goods nor dispose of them; in particular, the customer may not contractually allow third parties to use the goods.

 

9 Defect rights and warranty

 

(1) If the purchased item is defective, the provisions of the statutory warranty apply.

 

10 Applicable Law

 

(1) The contract concluded between you and Schleicher Graviertechnik is exclusively subject to the law of the Federal Republic of Germany with the express exclusion of the UN sales law. This does not affect the mandatory provisions of the state in which you have your habitual residence.

 

11 Place of jurisdiction

 

(1) If, contrary to the information you provided when ordering, you do not have a place of residence in the Federal Republic of Germany or if you move your place of residence abroad after signing the contract or if your place of residence is unknown at the time the action is brought, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship is:

 

Schleicher Graviertechnik

David Schleicher

Karlstrasse 7

96450 Coburg

12 Dispute Resolution

 

(1) General information obligations for alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG (Consumer Dispute Settlement Act):

The European Commission provides a platform for online dispute resolution, which you can find at this address: http://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

 

13 Final provisions

 

(1) Should individual provisions of this contract be or become wholly or partially ineffective or void, this shall not affect the effectiveness of the rest of the contract, insofar as a contractual partner is not unreasonably disadvantaged as a result.

 

(2) Changes or additions to this contract must be made in writing.

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