General Terms and Conditions of Business for Customers
General Terms and Conditions of Business for Customers
1 – Area of Application
(1) The following General Terms and Conditions for Customers (Sale GTC) are an integral part of each contract between COOINX S.A., 18, Duscherstroos, L-6868 Wecker, represented by its Director Mr. Gregor Berke, with business address as above, hereinafter: COOINX S.A. email: firstname.lastname@example.org(hereinafter: SELLER) and the customer.
(2) In its online shop, the SELLER offers products for sale by shipment to a delivery address specified by the customer or in form of digital products available via data download such as software, e-books, video files, audio files and comparable electronic training material (hereinafter Online Products); moreover, the customer may obtain services (e.g. use of available server capacities) for a fee, too. The SELLER provides its services based on these Sale GTC on an exclusive basis, which can be viewed on this website at any time and are sent to the customer via email upon the conclusion of a contract. The SELLER sells its products to entrepreneurs who own a trade licence only, but not to consumers.
(3) If you should have complaints, you can contact us using the details set forth in paragraph 1 above.
2 – Conclusion of Contract
(1) The presentation of the products and services, particularly on the internet, does not constitute a binding offer of the SELLER yet.
(2) The customer may browse the offer as he pleases and add products or services to the shopping cart by clicking the shopping cart symbol. The customer may clear the cart again at any time by changing the number or stopping the order process by closing the browser window. The changes can be made by using either the mouse or the keyboard. By clicking the “PROCEED TO CHECKOUT” button, the customer is redirected to a page where he can register as customer if does not have any access data yet or log in as existing customer. To do so, the user name plus password as well as the contact details are entered. After the registration and – if required – the confirmation of the delivery address, the customer may choose the method of shipment and will then receive information on the method of payment. By clicking the “NEXT” button, the customer is redirected to a page where he receives an overview of the purchase order after having confirmed the Sale GTC as well as the information on the revocation right. In case that at this point the customer wants to make additional changes to his purchase order, he may cancel using the link “Cancel checkout and back to the shopping cart”. If there are no additional changes to be made to the purchase order, the order process is concluded by clicking the “ORDER WITH OBLIGATION TO PAY” button, thus submitting a binding purchase order. The customer will be shown the receipt of the purchase order immediately after the order process has been concluded. The SELLER stores the customer order and the entered order data as defined in the Data Privacy Statement (cf. section 3). Moreover, the customer will also receive his order data via email message.
(3) The customer will be informed of the receipt of the purchase order via email. Concurrently, this order confirmation is also an acceptance of the purchase contract by the SELLER.
3 – Data Protection Statement
The SELLER’s data protection provisions are available here.
4 – Delivery of the Products / Provision for Downloading
(1) Online Products (e.g. e-books, software, videos) and the offered services are available in the customer area after the acquisition of the right of use. The transfer is made by way of downloading the Online Products to the PC, laptop or any other electronic storing medium of the customer.
(2) The option for a re-download of Online Products is a voluntary service of the SELLER, which the latter may cancel at any time. Therefore, the SELLER reserves its right to change, interrupt or cancel the option for re-downloading data at any time, temporarily or permanently, or to delete individual Online Products from the customer’s customer account. This shall apply particularly if there is good cause for removing Online Products from the customer account, especially in case of dispute about violations of law, if any, caused by the contents of the Online Products. The option to delete does not apply to Online Products that are already available on the customer’s own storage medium, e.g. his PC, laptop etc., after the customer’s download.
5 – Terms of Payment
(2) All prices are inclusive of the statutory value added tax (provided that VAT applies), but exclusive of shipment costs.
(1) When making use of Online Products, the title to them is not transferred to the customer. Instead, the customer acquires a simple, non-transferrable right revocable until the full payment of the licence fee to use the specific Online Products for his personal use. The customer must neither process nor alter the contents or the design of the Online Products as far as contents and editing is concerned subject to mandatory statutory regulations providing otherwise; likewise, the customer does not have the right to grant sublicences to the Online Products for a fee to third parties and shall not make the Online Products accessible to the public or otherwise commercially exploit the Online Products. On the other hand, the customer is allowed to copy the Online Products (only) for his own personal use (preparation of a private copy) or have them copied by third parties for this purpose, provided that such third party prepares the copy free of cost. Any passing on of the Online Products to third parties (also applying to the passing on to family members, relatives or acquaintances) is permitted on a temporary basis only for the purpose of preparing such a private copy.
(2) When using services, the title to them is not transferred to the customer, who has the right to use the specific service in conformity with the contract for the time of the acquisition of the licence for use only.
7 – Liability for Defects / Limitation of Liability
(1) The customer has a statutory right relating to liability for defects. As to liability for defects, the statutory regulations shall apply, unless the limitations of liability below provide otherwise.
(2) The period of limitations for claims under liability for material defects is 24 months and commences upon the transfer of the object of purchase. If the customer is an entrepreneur (sec. 14 BGB / German Commercial Code), the period is 12 months as of the delivery of the object of purchase. This shall not apply where the law provides for longer periods on a mandatory basis, particularly pursuant to section 478, section 479(1) BGB. Moreover, the reduced period of limitations shall not apply in case of damages resulting from injuries with lethal consequences or resulting in physical disability or damage to health, the violation of material contractual duties (delivery of the products and transfer of the title to them), as well damages attributable to wilful or grossly negligent acting. The statutory periods of limitations shall apply to the foregoing.
(3) If the customer is an entrepreneur as defined in sec. 14 BGB, he shall inspect the products immediately upon their receipt and notify defects, if any, to the SELLER without undue delay, however not later within 10 days of the delivery in writing or per email too email@example.com . In the absence of such notice, the products shall be deemed accepted and liability for obvious defects shall be excluded.
(4) The SELLER shall be liable – except in case of injuries with lethal consequences or resulting in physical disability or damage to health and the violation of material contractual duties (delivery of the products and transfer of the title to them) – only for damages attributable to wilful or grossly negligent acting. This shall also apply to indirect consequential damages such as notably lost profit.
(5) Liability – except in case of injuries with lethal consequences or resulting in physical disability or damage to health and the violation of material contractual duties (delivery of the products and transfer of the title to them) – shall be limited to the amount of damages foreseeable as typical for the contract at the time of entering into the contract. This shall also apply to indirect consequential damages such as notably lost profit.
(6) The limitation of liability in paragraphs (4) and (5) above shall also inure to the benefit of the agents with vicarious liability of the SELLER.
(7) Liability based on the German Product Liability Act (Produkthaftungsgesetz) as applicable from time to time shall not be affected to the extent in which this regulation is applicable.
8 – Information on Dispute Resolution
(1) The European Commission provides a platform for extra-judicial online dispute resolution (OS platform) available at http://ec.europa.eu/odr.
(2) The SELLER always endeavours to settle differences, if any, under the contractual relationship in a consensual manner. However, the SELLER will not take part in proceedings before any governmentally acknowledged arbitration board for consumers. The access to the courts of law shall always be free.
9 – Final Provisions
The law and the venue of court with jurisdiction at the place of the SELLER’s registered office shall apply to the exclusion of the UN Sales Law. Mandatory provisions of the country in which the customer has his usual place of abode shall not be affected.