Terms and conditions
1. CONCLUSION OF THE CONTRACT
With your order you present a binding offer to us to conclude a contract with you. We can accept this offer by sending you an order confirmation by E-mail to the E-mail address indicated by you (fulfillment confirmation).
When ordering via our online shop the order process comprises a total of 5 steps. In the first step you select the desired items. In the second step you enter your client data including the invoice address and, if necessary the different delivery address. In the third step you select the mode of shipment. In step four you choose how you want to pay. In the last step you have the possibility to check again all information (e.g. name, address, mode of payment, ordered items) and to correct them, if necessary before sending us your order by clicking ‘send order’.
2. SAVING OF THE WORDING OF THE CONTRACT
We save the wording of your order. You can print it before sending your order to us by clicking “Print” in the last step of your order. In addition, we will send an order confirmation with all order data and our general terms and conditions to the E-mail address indicated by you.
3. TITLE RETENTION
The supplier reserves the right of property of the software delivered to the client until complete payment of the amount due in accordance with the contract (see 7. Terms of payment).
4. PRICES, SHIPPING CHARGES
All prices are final prices, they contain the legal value added tax. There are no shipping charges.
5. INSTRUCTIONS ON WITHDRAWAL, RIGHT OF WITHDRAWAL
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us
Giegerich & Partner GmbH
- Germany -
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Termination of the right of withdrawal
You expressly agree that Giegerich & Partner GmbH may commence performing the contract prior to the expiry of the withdrawal period. You are aware that through this consent your right of withdrawal will be rendered invalid upon commencement of the performance of the contract. The performance of the contract commences with the delivery of the download link or the license file, insofar as this is necessary for the activation.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
End revocation instruction
6. DELIVERY TERMS
Unless indicated otherwise in the offer you will receive a download link for the software within 2 working days after receipt of payment. In case of delivery on account you will, unless stated differently in the offer, receive a download link for the software within 2 working days after delivery of the order confirmation.
7. TERMS OF PAYMENT
The software will be paid against prepayment or by Paypal. Clients which whom we have regular business connections will receive an invoice after having delivered the software subject to the contract. This invoice is due for payment within 10 working days.
Warranty depends on the legal specifications. If the client is the user the warranty period for the purchase of used articles is one year.
9. PRIVACY AND DATA SECURITY
In case of initiation, conclusion, implementation and unwinding of a sales contract we collect, save and process data within the scope of legal specifications.
When visiting our Internet offers the IP-address currently utilized by your personal computer, date and time, the type of browser and the operating system of your personal computer as well as the web pages you visited are recorded. We are not able to draw any conclusions to person related data with this information and we do not intend to do so either.
The person related data submitted to us by you e.g. with your order or by E-mail (e.g. your name and your contact details) will only be processed for correspondence with you and for the purpose for which you have furnished us the data. We will only pass your data on to the shipping company commissioned with delivery as far as this is necessary for the delivery of the items. For arrangement of payments we shall pass your payment data on to the credit institution commissioned with the payment.
We assure you for the rest that we will not hand your person related data on to third parties unless we are legally obligated to do so or if you have expressly given your prior acceptance. As far as we make use of services of third parties for the realization and execution of processes the provisions of the German Data Protection Law will be respected.
Duration of Storage
Person related data which have been furnished to us via our website will only be stored until the purpose has been served for which they have been confided to us. As far as statutory periods of record keeping relating to commercial and tax law have to be respected the duration of storage of certain data may be up to 10 years.
If you do no longer agree with the storage of your person related data or if these data have become incorrect we shall arrange for the cancellation, correction or blocking or your data upon a corresponding directive within the scope of the legal specifications. On demand you will be gratuitously informed of all person related data which we have stored about you. In case of questions concerning the collection, processing or use of your person related data, for information, correction, blocking or cancellation of data please contact:
Giegerich & Partner GmbH
Telefon 0 61 03 – 58 81-0
10. APPLICABLE LAW AND COURT OF JURISDICATION
Only German law is applicable. Towards a user this choice of law is only applicable insofar as it does not restrict any compulsory legal provisions of the country where he has his domicile or main residence. As far as the customer is not the user the court of jurisdiction is Amtsgericht Offenbach am Main.
11. Dispute Settlement
Alternative Dispute Settlement according to Article 14 , Section 1 of the ODR-VO and § 36 of the VSBG: The European Commission provides a platform for online dispute settlement (OS) which can be found at: http://ec.europa.eu/consumers/odr/. We are ready to take part in an out-of-court dispute resolution.