General terms and conditions of customer information
Table of contents
- Subject of the contract
- Conclusion of the contract
- Right of withdrawal
- Prices and terms of payment
- Provision of the software
- Granting of rights of use
- Obligations of the customer to cooperate
- Liability for defects
- Applicable law
- Court of jurisdiction
- Alternative dispute resolution
1.1 These General Terms and Conditions (hereinafter "GTC") of VERITAS DATA GmbH (hereinafter "Entrepreneur"), apply to all contracts for the provision of software that a consumer or entrepreneur (hereinafter "Customer") concludes with the Entrepreneur with respect to the software products (hereinafter "Software") presented by the Entrepreneur in its online store. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
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 his commercial or independent professional activity.
(2) subject of the contract
2.1 The subject matter of the contract is the provision of the software offered by the Entrepreneur in electronic form under the granting of certain rights of use regulated in more detail in these GTC.
2.2 The customer does not acquire any intellectual property rights to the software. The source code of the software is not part of the provided software.
2.3 The installation is not part of the contract. In this respect, the Contractor refers to the installation instructions. This also applies in particular to the hardware and software environment in which the software is used.
2.4 Unless otherwise stated in the Contractor's product description, the Customer shall not receive individual application support from the Contractor.
(3) conclusion of the contract
3.1 The software products described in the Entrepreneur's online store do not constitute binding offers on the part of the Entrepreneur, but serve for the submission of a binding offer by the Customer.
3.2 The Customer may submit the offer via the online order form integrated into the Entrepreneur's online store. In doing so, after placing the selected software in the virtual shopping cart and going through the electronic ordering process, the customer makes a legally binding contractual offer with respect to the software contained in the shopping cart by clicking the button that concludes the ordering process.
3.3 The entrepreneur can accept the offer of the customer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the customer is decisive, or
- by providing the customer with the ordered software, or
- by requesting payment from the customer after the customer's order has been placed.
If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for the acceptance of the offer begins on the day after the sending of the offer by the customer and ends with the expiry of the fifth day following the sending of the offer. If the Entrepreneur does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
3.5 When submitting an offer via the Entrepreneur's online order form, the text of the contract shall be stored by the Entrepreneur after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer's order has been sent. The Entrepreneur shall not make the text of the contract accessible beyond this. If the Customer has set up a user account in the Entrepreneur's online store before sending his order, the order data will be archived on the Entrepreneur's website and can be accessed by the Customer free of charge via his password-protected user account by providing the corresponding login data.
3.6 Before bindingly submitting the order via the online order form of the Entrepreneur, the Customer can recognize 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 magnification function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
3.7 Only the German language is available for the conclusion of the contract.
3.8 The order processing and contacting usually take place via e-mail and automated order processing. The Customer shall ensure that the e-mail address provided by him for order processing is accurate, so that e-mails sent by the Entrepreneur can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Entrepreneur can be delivered.
(4) the right of revocation
Consumers are generally entitled to a right of withdrawal. More detailed information on the right of revocation can be found in the revocation instructions of the entrepreneur.
5) Prices and terms of payment
5.1 Unless otherwise stated in the product description of the Contractor, the prices quoted are total prices which include the statutory value added tax.
5.2 In the case of payments in countries outside the European Union, further costs may be incurred in individual cases for which the Entrepreneur is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees).
5.3 The payment option(s) will be communicated to the customer in the online store of the entrepreneur.
5.4 If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
6) Provision of the software
6.1 The Entrepreneur effects the provision by making a digital copy of the Software available to the Customer for download via the Internet. For this purpose, the Entrepreneur shall provide the Customer with a link via e-mail, which the Customer can use to initiate the download of the digital copy and to save the copy to a storage location selected by the Customer.
6.2 The time at which the software is made available on the network and the customer is notified of this shall be decisive for compliance with any delivery dates.
(7) granting of rights of use
7.1 Unless otherwise stated in the Entrepreneur's product description, the Entrepreneur grants the Customer a non-exclusive, transferable right for an unlimited period of time to use the Software in the agreed hardware and software environment for private and/or commercial purposes.
7.2 The customer shall not be granted a right of processing.
7.3 The leasing of the software is not permitted.
7.4 The customer is prohibited from removing and/or modifying any copy protection that may be present.
7.5 The customer is entitled to make a copy of the software for backup purposes. The copies of the software serving a proper data backup are part of the intended use.
7.6 If the customer exercises its right to transfer the rights of use to a third party, it shall impose its contractual obligations on the third party. The customer's rights of use shall expire upon transfer. All existing copies of the software shall be deleted.
7.7 The granting of rights shall only become effective when the customer has paid the remuneration owed in full.
7.8 If the Customer violates the agreed rights of use so severely that it is unreasonable to expect the Contractor to continue to adhere to the agreement, the Contractor may terminate the agreement to grant rights of use to the affected software for cause.
7.9 In the event of termination, the Customer shall be obliged to delete all existing copies of the Software and to confirm this to the Contractor in text form upon request.
7.10 The other statutory and contractual provisions shall remain unaffected.
8) Cooperation obligations of the customer
8.1 The customer shall inform himself about the essential functional features of the software. The Customer shall be solely responsible for 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.
8.2 The Customer shall observe the instructions given by the Contractor for the installation and operation of the Software.
8.3 The Contractor recommends the Customer to take reasonable precautions in case the Software does not work properly in whole or in part (e.g. by daily data backup, fault diagnosis, regular checking of data processing results) and to make a suitable backup of its data before installing the Software.
(9) liability for defects
The software is defective, the statutory warranty regulations apply.
(10) applicable law
All legal relations between of the Parties shall be the laws of the Federal Republic of Germany under exclusion of the laws on the international sale of movable goods. For consumers, this choice of law applies only insofar as not the protection is removed by mandatory provisions of the law of the State in which the consumer has his habitual residence.
(11) place of jurisdiction
If the customer is 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 shall be the registered office of the entrepreneur. If the customer has its registered office outside the territory of the Federal Republic of Germany, the place of business of the entrepreneur shall be 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 professional or commercial activity of the customer. In the aforementioned cases, however, the Entrepreneur shall in any case be entitled to invoke the court at the Customer's place of business.
(12) alternative dispute resolution
12.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a focal point for the out-of-court settlement of disputes from online purchase or service contracts, in which a consumer is involved.
12.2 The entrepreneur is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.