General terms and conditions with customer information
2. Subject of the contract
3. Conclusion of contract
4. Right of withdrawal
6. Delivery of the software
7. Granting of Rights of Use
8. Licensee's Obligations to Cooperate
9. Liability for defects
10. Applicable Law
11. Place of jurisdiction
12. Alternative Dispute Resolution
1.1 These general terms and conditions (hereinafter "GTC") of Scriptfabrik Ltd (hereinafter "licensor") apply to all contracts that a consumer or entrepreneur (hereinafter "licensee") with the licensor with regard to the software presented by the licensor in his online shop products (hereinafter “Software”). The inclusion of the licensee's own conditions is hereby contradicted, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.3 An entrepreneur within the meaning of these GTC 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 of the contract
2.1 The subject of the contract is the transfer of the software offered by the licensor to the licensee in electronic form, with the granting of certain rights of use that are more precisely regulated in these GTC.
2.2 The licensee does not acquire any intellectual property in the software. The source code of the software is not part of the licensed software.
2.3 The respective product description in the online shop of the licensor is decisive for the quality of the software provided by the licensor. The licensor does not owe any further quality of the software.
2.4 The installation is not part of the contract. In this respect, the licensor refers to the installation instructions. This 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 will not receive any additional support services such as updates to the purchased software version (updates) 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 represent binding offers on the part of the licensor, but serve to enable the licensee to submit a binding offer.
3.2 The Licensee can submit the offer using the online order form integrated in 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 contract offer in relation to the software contained in the shopping cart by clicking the button that concludes 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 (fax or e-mail), whereby receipt of the order confirmation by the licensee is decisive, or
by making the ordered software available to the licensee, whereby access by the licensee is decisive in this respect, or
by asking the licensee to pay after placing his order.
If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. If the licensor does not accept the licensee's offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the licensee is no longer bound by his declaration of intent.
3.4 The period for accepting the offer begins on the day after the licensee has sent the offer and ends at the end of the fifth day following the sending of the offer.
3.5 When submitting an offer via the licensor's online order form, the text of the contract is saved by the licensor and sent to the licensee in text form (e.g. e-mail, fax or letter) together with these General Terms and Conditions after the order has been sent.
3.6 Before submitting a binding 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 can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The licensee can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
3.7 Only the German language is available for the conclusion of the contract.
3.8 Order processing and contact are usually made via email and automated order processing. The licensee must ensure that the e-mail address provided by him for order processing is correct so that the e-mails sent by the licensor can be received at this address. In particular, when using SPAM filters, the licensee must ensure that all e-mails sent by the licensor can be delivered.
4) Right of Withdrawal
In principle, consumers are entitled to a right of withdrawal. Further information on the right of withdrawal can be found in the licensor's cancellation policy.
5.1 For the transfer of the software with the granting of the necessary rights of use, the licensor receives a flat licence fee, the amount of which results from the respective product description.
5.2 The prices specified by the licensor are total prices and include the statutory sales tax.
5.3 The Licensee has various payment options available, which are specified in the Licensor's online shop.
5.4 If you select the purchase on account payment method, the purchase price is 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 seller reserves the right to only offer the purchase on account payment method up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will point out a corresponding payment restriction to the customer in his payment information in the online shop.
5.5 If the SEPA direct debit payment method is selected, the invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before the deadline for the advance information has expired. The direct debit is collected when the ordered goods leave the seller's warehouse, but not before the deadline for advance information has expired. Pre-information (“pre-notification”) is any message (e.g. invoice, policy, contract) from the seller to the customer that announces a debit using SEPA direct debit. If the direct debit is not redeemed due to insufficient funds in the account or because incorrect bank details have been provided, or if the customer objects to the debit, although he is not entitled to do so, the customer must bear the fees incurred by the respective bank if he is responsible for this.
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 via e-mail, via which the licensee can initiate the download of the digital copy and save the copy in a storage location of his choice.
6.2 The time at which the software is made available on the network and the licensee is informed of this is decisive for compliance with any delivery dates.
7) Granting of Rights of Use
7.1 The licensor grants the licensee a simple, unlimited, 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 an editing right.
7.3 The rental of the software is not permitted.
7.4 The licensee is prohibited from removing and/or changing any existing copy protection.
7.5 The licensee undertakes to take appropriate technical and organizational measures to ensure that the software is used as intended.
7.6 The licensee is entitled to make a copy of the software for backup purposes. Duplications of the software 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. Licensee's rights of use shall expire upon transfer. All existing copies of the software must be deleted.
7.8 The granting of rights only becomes effective in accordance with Section 158 (1) BGB when the licensee has paid the owed remuneration in full.
7.9 If the licensee seriously violates the agreed rights of use, the licensor can terminate the granting of rights of use to the affected software extraordinarily. This requires an unsuccessful warning with a reasonable deadline by the licensor.
7.10 In the event of termination, the licensee is obliged to delete all existing copies of the software and to confirm this to the licensor in text form upon request.
7.11 The other legal and contractual regulations remain unaffected.
8) Licensee's Obligations to Cooperate
8.1 The licensee must inform himself about the essential functional features of the software and bears the risk of whether this meets his wishes and needs. Setting up a functional hardware and software environment for the software that is sufficiently dimensioned, also taking into account the additional load caused by the software, is the sole responsibility of the licensee.
8.2 The licensee must observe the instructions given by the licensor for the installation and operation of the software.
8.3 The licensor recommends that the licensee take reasonable precautions in the event that the software does not work properly in whole or in part (e.g. daily data backup, fault diagnosis, regular checking of the data processing results) and to carry out a suitable backup of his data before installing the software.
9) Liability for Defects
If the software is defective, the statutory liability for defects applies.
10) Governing Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
If the customer acts as a merchant, a legal entity under public law or a 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 is the place of business of the seller. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is always entitled to appeal to the court at the customer's registered office.
12) Alternative Dispute Resolution
12.1 The EU Commission provides a platform for online dispute resolution under 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 in which a consumer is involved.
12.2 The seller is not obliged to participate in a dispute settlement procedure before a consumer arbitration board, but is generally willing to do so.
Alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG:
The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are willing to participate in an out-of-court arbitration process.