For your convenience the text presented here was translated into English language. The actual legal binding German document of the „Terms and Conditions“ can be reviewed here Allgemeine Geschäftsbedingungen – AGB).
§ 1 Scope
The General Terms and Conditions are valid for all contracts in relation with the online shop “www.tillschleicher.com” between Till Schleicher and end customer, unless otherwise agreed on or required by law. The terms and conditions apply exclusively. Conflicting conditions of end customers will not acknowledged by Till Schleicher.
§ 2 Contract Partners
The contract of sale to come about with Till Schleicher, Bremer Strasse 16, 28832 Achim. You can reach our customer service for complaints, questions and suggestions: Working days from 10:00 am to 6:00pm at phone number: +49 (0) 1637437485 or via email: firstname.lastname@example.org
§ 3 Formation of Contract, Correction of Typing Errors
The product images in the online shop state an offer to buy. For purchases made via the online shop www.tillschleicher.com, the customer agrees by entering his personal data, accepting the terms and conditions with a click, and the click of the button “confirm order” in the final step of the ordering process, that is initially a binding order of the content in the shopping basket. The confirmation of the order by Till Schleicher takes place immediately upon receipt of the order, which is still not a concluded contract. The contract is only concluded with the delivery confirmation or delivery of goods by Till Schleicher. You can correct data entry errors before the final offer is made by checking and examination of the order overview summary and can be corrected after pressing the “Back” button on your browser to get to the previous page for correction.
§ 4 Shipping Cost
The prices on the product pages are final prices. Software based products will be transfered purely in electronical form if nothing else has been agreed. In this case there will be no shipping costs. If there are shipping costs, these are borne by the customer in addition. The exact amount of shipping cost will be shown during the order process and are presented in the table shipping costs.
§ 5 Delivery
If nothing else has been agreed, the delivery of software based procducts will be done by sending out an order confirmation e-mail. Embedded in this e-mail is a link to download the software products.
§ 6 Payment Options
Payment for products at www.tillschleicher.com is possible in the following ways: via bank transfer via PayPal If payment with PayPal is chosen, the payment is due immediately after the purchase. The shipment of the purchased products will be initiated immdiately after the repeipt of the payment.
§ 7 Liabilites
( 1) The seller is liable for any legal reason without restriction in case of injury to life, body or health , in case of intent or gross negligence, fraud and warranty promises and if the liability is valid according to binding legal provisions , such as the German Product Liability Act. (2 ) In addition, the seller is liable for whatever legal reason as follows : ( 2.1 ) If the seller has negligently violated a contractual obligation (cardinal duty ) the liability to pay damages to the foreseeable, typical and average damage is limited . Essential contractual obligations are obligations imposed by the contract to the seller after its content purpose of the contract , the fulfillment of which makes the proper execution of the contract and on which the customer can rely. ( 2.2 ) If the seller has negligently violated an insignificant contractual obligation , the obligation is limited to the contract value . The offered software products are tested on accuracy and functionality. Nevertheless, binary failures can not completely be ruled out due to a faulty transmission or problems with the download process. For any malfunctions caused by the acquired software, no claims for damages can be asserted.
The software products are purchased by the buyer for infinte time of use. The buyer may use the software acquired for their own artistic publications. The buyer is free to make backup copies of the purchased software. The use of the purchased software on multiple devices is only allowed to the purchaser if all devices are in possession of the buyer. A free pass and re-letting of the acquired software to third parties are not permitted. This is true especially if the software has been changed by the buyer. A resale of the purchased software to a third person is permitted if the original purchaser removes the products in question completely after the sale, including all backup copies, of all storage media.
§ 9 Power of revocation
You may declare the revocation of your contractual statement without stating a reason (e.g. letter, email) in text form or by simply returning the merchandise within a period of fourteen days, when you have the item received prior of the expiry of the period. The period starts after receiving this instruction in written form but not before the goods are received (in case of repeating deliveries similar goods not before receipt of first partial delivery) and also not before compliance with our duty to furnish information according to German law 246 § 2 in relation with § 1 paragraph 1 and 2 EGBGB, as well as our duties according to § 312 e paragraph 1 S.1 BGB in relation with 246 § 3 EGBGB. In order not to exceed the cancellation period is a timely return of the goods or the timely submission of the revocation statement sufficient. Till Schleicher Bremer Strasse 16 28832 Achim Deutschland Tel. +49 (0)163 7437485 E-mail: email@example.com Consequences of Revocation In case of a valid revocation, all mutually received performances as well as emoluments taken (e.g. interest), if applicable, are to be restituted by either side. If you are unable or partially unable to restitute the merchandise to us or can only restitute it in a deteriorated condition, then you have to insofar compensate for its value where applicable. This does not apply if the deterioration is exclusively due to examining the merchandise – as for instance in a retail store – or putting the merchandise to its intended use. You can avoid the duty of restitution by not acting as or using the goods as in your possession and avoid any activity that will derogate the value of the goods. Things that can be shipped by parcel are to be returned on our risk. You are obliged to bear the regular costs of the return shipment, if the merchandise delivered corresponds to the merchandise ordered, and if the price of the merchandise to be sent back does not exceed an amount of €40.00 or if, where the price is higher, you have at the date of the revocation not yet rendered consideration or given a part payment. In all other cases, the return shipment for you is free of charge. All reimbursement obligations must be fulfilled within 30 days of the declaration of revocation. The respite starts for you with the submission of revocation or goods, for us with the respective receipt. End of instruction to power of revocation SPECIAL NOTE: Exclusion from power of revocation (1) The power of revocation expires prematurely if the contract is completetly fulfilled by both parties upon their expressed wish, before the right of revocation has been exercised. (2) Due to § 312 paragraph 4 German BGB the power of revocation for distance contracts does not apply to goods that are produced according to customer specifications or clearly tailored to personal needs or which are not suitable for a return due to their condition. The exclusion also applies to software which is delivered via download and / or adapted for use specifically with your hardware. (3) Due to § 312 parapraph 4 German BGB applied to distance contracts for the delivery of audio or video recordings or software the power of revocation is not valid if the delivered data carriers have been unsealed by the customer.
§ 10 Text
The contract text is stored on our systems. Upon completion of the order the text of the contract for security no longer accessible over the Internet. With the print function of your browser you have the option to store the text itself. The terms and conditions at any time on this page. After completing the purchase order data can be communicated and the terms and conditions via e-mail.
§ 11 Privacy of Data
Till Schleicher complies with all relevant legislation on data protection. Personal data of customers are not without explicit and revocable consent to third parties, unless this is absolutely necessary for the fulfillment of contractual obligations of Till Schleicher. In this case, the volume of transmitted data is limited to the minimum necessary. The customer always has the right to free information, correction, blocking or deletion of stored data. The order information is stored on our internal systems. This website uses Google Analytics, a web analysis service of Google Inc. (“Google”). Google Analytics uses so called cookies – text files, which are stored on your computer to enable the analysis of your use of the website. The information about your use of the website including your IP-address generated by the cookie are transmitted to and stored on a server in the USA operated by Google. Google uses this information to analyze your use of the website, to generate reports about the website activities for the website operators and provide additional services related with the website use and internet usage. Where applicable, Google will transfer this information to third parties, if legally required or insofar as third parties process this data under Google contract. Under no circumstances Google will relate your IP-address with other data of Google. You can prevent the installation of a cookie with adequate settings of your browser; in this case please make a note that if done so not all functions of this website can be used. With the use of this website you agree to the processing of collected data about you by Google in the manner and purpose described. You can dissent the collection and usage of your IP-address by Google Analytics anytime effectively for the future. More details can be found at http://tools.google.com/dlpage/gaoptout?hl=en. We would like to point out, that this website employs the code detail „gat._anonymizeIp();“ in order to assure an anonymized collection of IP-addresses. (Translation based on source: www.datenschutzbeauftragter-info.de)
§ 12 Final Provisions
The laws of the Federal Republic of Germany. The provisions of the CISG do not apply. The contract language is German. In case a stipulation of this general terms and conditions is invalid, the reminder of the contract stays effective. In replacement of the invalid stipulation the appropriate statutory provisions apply Oktober 2013