General Terms and Conditions (GTC)

GENERAL TERMS AND CONDITIONS (GTC)

§ 1 CONCLUSION OF THE CONTRACT

The presentation of the goods or software in our online shop is not a legally binding offer; rather, the customer makes a binding purchase offer through their online order. We accept the purchase offer through an express order confirmation via email or by delivery of the ordered goods or software. An email that merely confirms receipt of the order does not yet constitute a binding acceptance of the purchase offer.

§ 2 PAYMENT

  1. Our claims are due upon delivery of the goods to the customer or upon receipt of the software and are payable without deduction in EURO via credit card, PayPal, invoice, or prepayment.
  2. The customer is only entitled to offset their claims if their counterclaim is legally established or undisputed. This prohibition of offsetting does not apply to a counterclaim due to a defect that is based on the same contractual relationship as our claim. The customer is only authorized to exercise a right of retention insofar as their counterclaim is based on the same contractual relationship.

§ 3 DELIVERY

  1. We are entitled to make partial deliveries – insofar as this is reasonable for the customer – which we can invoice separately in each case.
  2. The customer shall carefully observe product information published by us or our sub-suppliers and, if necessary, demonstrably forward it to their purchasers.

§ 4 SOFTWARE USE CONDITIONS

  1. The acquired software and the user documentation ("Documentation") are provided to the customer for permanent use. The software and the user documentation will be made available to the customer for download on the website https://shop.meiners.io after conclusion of the contract.
  2. Regarding the scope of use, the following applies:
    1. The customer may reproduce the delivered software insofar as this is necessary for the use of the software or for backup purposes. This includes, in particular, the installation of the software and the loading of the software into the main memory. The customer may not make further copies.
    2. The customer may use the software on any hardware available to them. However, if the customer changes the hardware, they must delete the software from the mass storage of the previously used hardware. Simultaneous storage, keeping available, or use on more than one piece of hardware is not permitted.
    3. The use of the provided software within a network or any other multi-station computer system is not permitted if this creates the possibility of simultaneous multiple use of the software. If the customer wishes to use the software within a network or other multi-station computer systems, they must prevent simultaneous multiple use through access control mechanisms.
  3. a) The removal of copy protection or similar protection mechanisms is only permitted if this protection mechanism impairs or prevents the trouble-free use of the software. The customer bears the burden of proof for the impairment or prevention of trouble-free use due to the protection mechanism.
    b) Copyright notices, serial numbers, and other features serving to identify the software may not be removed or altered. The same applies to suppressing the screen display of corresponding features.

§ 5 CLAIMS FOR DEFECTS

If the customer is a consumer, they have the statutory claims in the event of a defect.

If the customer is not a consumer, the following shall additionally apply: Subsequent performance shall be carried out, at our discretion, by remedying the defect or by new delivery.

If the subject of the contract is software, the following applies to customers who are not consumers: Defects in the delivered software (defects in quality and title), including the documentation, shall be remedied, at our discretion, by repair or replacement delivery within one year starting from the download of the software. In the event of a replacement delivery, we are also entitled to deliver a new software version with at least equivalent functionality, unless this is unreasonable for the customer.

§ 6 LIABILITY FOR DAMAGES AND REIMBURSEMENT OF EXPENSES

We are liable without limitation for intent, gross negligence, for the absence of a guaranteed quality, for personal injury, and under the Product Liability Act.

In the event of slight negligence in the breach of essential contractual obligations (in particular the obligation to deliver on time and free of defects), our liability is limited to the contract-typical, foreseeable damage.

Our liability for the slightly negligent breach of non-essential contractual obligations is excluded.

The foregoing provisions shall apply *mutatis mutandis* to our liability for the reimbursement of wasted expenses.

§ 7 STATUTE OF LIMITATIONS FOR DEFECT AND COMPENSATION CLAIMS

If the customer is a consumer, the statutory provisions apply.

If the customer is not a consumer, the following applies:
The limitation period for the customer's claims due to a defect is one year. This does not apply insofar as longer mandatory periods are prescribed. This also does not apply to claims for damages and reimbursement of expenses that are directed at compensation for damage to life, limb, or health or are based on
intent or gross negligence.

§ 8 FINAL PROVISIONS

  1. If the customer is a merchant, a legal entity under public law, or a special fund under public law, our registered office is agreed as the place of jurisdiction for all disputes arising from and in connection with the contractual relationship, as well as in cases where the customer does not have a general place of jurisdiction in Germany, has moved their residence or habitual abode abroad after the conclusion of the contract, or their residence or habitual abode is unknown at the time the action is filed. We are, however, also entitled to sue at the customer's place of business.
  2. Should a provision of these terms and conditions be or become invalid, the validity of the remaining provisions shall not be affected thereby.
  3. We are willing to participate in dispute resolution proceedings before a consumer arbitration board. The competent consumer arbitration board is:

Universalschlichtungsstelle des Bundes
Zentrums für Schlichtung e.V.
Straßburger Straße 8
77694 Kehl am Rhein
www.universalschlichtungsstelle.de

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