1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Digital Zone (hereinafter referred to as "Seller"), apply to all contracts for the delivery of software in digital form, which a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the software products (hereinafter referred to as "Software") presented by the Seller in its online shop. 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 which 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 self-employed professional activity.
1.4 These GTC shall apply mutatis mutandis to contracts for the delivery of licence keys, unless otherwise agreed.
2) Subject matter of the contract
2.1 In the case of contracts for the supply of software, the Seller owes the transfer of the software offered by him to the customer in digital form with the granting of specific rights of use.
2.2 In the case of contracts for the supply of licence keys, the Seller owes the transfer of a licence key in digital form for the use of the software described by him as well as the granting of the contractually agreed rights to use the respective software.
2.3 The customer does not acquire any intellectual property rights to the software. The source code of the software is not part of the software provided.
2.4 The respective product description in the Seller's online shop shall be decisive for the quality of the software provided by the Seller. The Seller does not owe any further quality of the software.
2.5 The installation is not part of the contract. In this respect, the Seller refers to the installation instructions. This applies in particular to the hardware and software environment in which the software is used.
2.6 Unless otherwise stated in the Seller's product description, the Customer shall not receive any additional support services from the Seller, such as updates of the purchased software version or individual application support.
3) Conclusion of contract
3.1 The software products described in the Seller's online shop do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the customer.
3.2 The customer can submit the offer via the online order form integrated in the Seller's online shop. 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 regard to the software contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer may also submit the offer to the seller by telephone, fax, e-mail or post.
3.3 The Seller may accept the Customer's offer 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 handing over the ordered software to the customer, in which case the receipt by the customer is decisive, or
by requesting payment from the customer after the customer has placed the order.
If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
3.4 When an offer is made via the Seller's online order form, the text of the contract shall be stored by the Seller after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The Seller shall not make the text of the contract accessible beyond this. If the Customer has set up a user account in the Seller's online shop before sending his order, the order data will be archived on the Seller's website and can be accessed by the Customer free of charge via his password-protected user account by providing the relevant login data.
3.6 Before submitting a binding order via the Seller's online order form, the Customer 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 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 English language is available for the conclusion of the contract.
3.8 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller can be delivered.
4) Right of withdrawal
Consumers are generally entitled to a right of withdrawal. Further information on the right of withdrawal can be found in the Seller's instructions on withdrawal.
5) Prices and terms of payment
5.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax.
5.2 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases for which the Seller 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) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
5.3 The payment option(s) will be communicated to the customer in the Seller's online shop.
5.4 If payment in advance 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) Delivery of the software
6.1 The Seller shall effect delivery by providing the Customer with a digital copy of the Software for download via the Internet. For this purpose, the Seller shall provide the Customer with a link by e-mail, via which the Customer can initiate the download of the digital copy and store the copy in a location chosen 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) Delivery of licence keys
Licence keys shall be supplied to the customer as follows:
8) Granting of rights of use for software
The content and scope of the respective software licence shall be governed by the licence terms of the respective software manufacturer to which the Seller explicitly refers in the product description.
9) Granting of rights of use for licence keys
The licence key provided entitles the customer to use the software apparent from the respective product description to the extent described therein. The content and scope of the respective software licence shall be governed by the licence terms of the respective software manufacturer to which the Seller explicitly refers in the product description.
10) Cooperation obligations of the customer
10.1 The customer shall inform himself about the essential functional features of the software and shall bear the risk as to whether the software meets his wishes and needs. The customer shall be solely responsible for setting up a functional hardware and software environment for the software which is sufficiently dimensioned, also taking into account the additional load caused by the software.
10.2 The Customer shall observe the instructions given by the Seller for the installation and operation of the Software.
10.3 The Seller recommends that the Customer take appropriate precautions in the event that 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.
11) Liability for defects
If the software is defective, the provisions of the statutory liability for defects shall apply. The following shall apply in derogation thereof
11.1 If the customer is acting as an entrepreneur,
the Seller shall have the choice of the type of subsequent performance;
in the case of new software, the limitation period for defects shall be one year from delivery of the software;
in the case of used software, rights and claims based on defects are generally excluded;
the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.
11.2 If the customer is acting as a consumer, the following shall apply to used software with the restriction of the following clause: Claims for defects shall be excluded if the defect only occurs after the expiry of one year from the delivery of the software. Defects which occur within one year of delivery of the software may be asserted within the statutory limitation period.
11.3 The limitations of liability and shortening of time limits set forth in the foregoing clauses shall not apply to
to claims for damages and reimbursement of expenses of the customer, as well as
in the event that the Seller has fraudulently concealed the defect.
11.4 Furthermore, for entrepreneurs, the statutory limitation periods for the right of recourse pursuant to § 445b BGB shall remain unaffected.
The Seller shall be liable to the customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:
12.1 The Seller shall be liable without limitation for any legal reason
in the event of intent or gross negligence,
in the event of intentional or negligent injury to life, limb or health,
on the basis of a guarantee promise, insofar as nothing else is regulated in this respect,
on the basis of mandatory liability such as under the Product Liability Act.
12.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited pursuant to the preceding clause. Material contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and compliance with which the customer may regularly rely on.
12.3 In all other respects, any liability on the part of the Seller is excluded.
12.4 The above liability provisions shall also apply with regard to the Seller's liability for its vicarious agents and legal representatives.
13) Applicable law
All legal relations between the parties shall be governed by the laws of the UK to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
14) Alternative dispute resolution
15.1 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 contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
15.2 The Seller is not obliged to participate in a dispute resolution procedure before a consumer arbitration board, but is generally prepared to do so.
16) Code of Conduct
The Seller has submitted to the following code of conduct:
- The Seller has submitted to the Trusted Shops quality criteria, which can be viewed on the Internet at http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.