General terms and conditions
1. Subject of Terms and Conditions
These General Terms and Conditions regulate the relationship between Igor Stripling, hereinafter I&S Software, and the customer within the scope of software distribution and acquisition via the systems of I&S Software, for the procurement of licensed software.
2. Validity of Terms and Conditions
These terms and conditions are valid for all offers, deliveries and services including product and license agreements, excluding any terms and conditions of a customers or contractors. I&S Software will only recognize terms and conditions differing from its own terms and conditions if these are submitted in writing and agreed upon by the management of I&S Software. The I&S Software terms and conditions will apply even if, knowing of other terms and conditions of the customer in variance herewith, I&S Software nonetheless delivers without reservation.
3. Conclusion of Contract
3.1 An order placed by a customer is an offer directed to I&S Software in accordance and acceptance of these terms and conditions.
3.2 All orders placed by the customer are subject to ultimate acceptance by I&S Software. Before the order is accepted, an automatic confirmation (webpage or e-mail) for the order is generated. Before this confirmation is generated for the customer, the customer has the opportunity to review the entries made during the order process. These entries may be changed or corrected by the customer during this review opportunity. The generation of an order confirmation does not confirm acceptance of the order by I&S Software.
3.3 The acceptance of the order will be effective and the contract between the customer and I&S Software will materialize when payment of the total price of the products in review is credited to the account of I&S Software, or alternatively the credit card of the customer could successfully be authorized.
3.4 If the software that a customer has purchased is delivered electronically in the form of a download link in order to download the software or service or parts of a software or service from our servers or third parties, this involves a liability to discharge at the domicile of the debtor, as the customer alone decides when and if he will download the software or service from our servers or a third party.
3.5 If the software or service is delivered by way of postal mail, and the order of the customer is placed electronically (Internet / e-mail), via telephone, telefax or post the order is considered binding as soon as full payment for all products ordered is received in the accounts of I&S Software, or alternatively the credit card of the customer was authorized successfully for the amount requested.
4. Customer warrant
4.1 The customer warrants that all fundamental data submitted during the order process reflects the true facts, and that these data are sufficient to fulfil the order. Any surcharges that I&S Software accrues due to false or inaccurate address information will be born by the customer.
4.2 The customer is solely responsible to update his account information with respect to correct and complete data. All data stored with the customer in conjunction with his account (passwords and login information) at I&S Software is to be stored so that no third party can access this information.
4.3 The customer bears responsibility for all charges of services rendered through the use of his login and password. This responsibility is not applicable in cases where the customer can prove that he did not provide password and login information deliberately nor with negligence. In all other cases, where password and login information are used to place purchases, the customer will also not be responsible should one of the following apply, if the customer already froze his account with I&S Software before the order under discussion was placed using his password and login information and a sufficient time to disable the account was available before the order was placed.
4.4 All warranties under these terms and conditions apply provided that the customer is an end user and not a reseller of these products.
4.5 Any warranties, commitments or other covenants noted in the name of I&S Software or the product developer, licenser or distributor may only be accepted by the customer if I&S Software expressly agrees to these in writing.
5.1 If not stated differently, all prices displayed on the I&S Software websites are to be understood in the respective currency. Prices may vary with currency fluctuations; I&S Software may also conduct price adjustments from time to time. All typing errors and miscellaneous errors may result in alterations of price. If not declared otherwise, all prices are to be understood excluding transport and delivery cost (these costs are broken out separately on the website) and include applicable VAT. The customer agrees to the price displayed in conjunction with transport and delivery cost at the time of purchase.
5.2 Payments have to be made before delivery by way of the payments offered on the website, any payment methods not mentioned may only be used if expressly agreed to by I&S Software in advance.
5.3 If not stated differently in writing other than in these terms and conditions, the payment has to be made in full regardless of claims due to short delivery or product deficiencies.
6. Payment by wire transfer, check and cash, arrears
The customer can also make payments of the purchase price by wire transfer, check and cash. Since the product or service will be delivered by I&S Software or the developer upon receiving the payments in full on the I&S Software accounts, there are no binding payment terms specified under these terms and conditions. Should the payment for the chosen products or services not be received within 14 days after order placement, I&S Software has the right to cancel the order at its own discretion.
7. Granting of Rights
7.1 Upon receiving full payment, the customer is granted a permanent, simple use right of the software he has ordered.
7.2 The scope of the customer´s simple use right only covers the extent to which the developer of the software has previously authorized I&S Software to grant the use rights to the program. The scope of the use right of the customer maybe viewed in the manufacturer notification, which accompanies the software or can be retrieved from I&S Software.
7.3 The customer has the right to duplicate the software for backup purposes if the program was delivered without a backup copy. Every other duplication temporarily or permanently in whole or in part on any medium is not admitted. The customer is also prohibited to translate, edit, arrange or to revise the program as well as duplicating the results achieved.
8. Claims for damages
8.1 Claims for damages are excluded from these terms and conditions. I&S Software in general is not liable for and loss of data, loss of profit and other pecuniary loss of the customer resulting from the use of the product purchased by the customer
8.2 This liability waiver does not apply, if I&S Software acted grossly negligent or intentionally. Further it does not apply in case of negligence in business conduct; in this case liability is generally limited to the predictable damage when the contract was concluded. Same applies for vicarious agent liabilities.
8.3 If liability of I&S Software is excluded or restricted, then this also applies for employees, associates, representatives and vicarious agents of I&S Software.
8.4 Contributory negligence of a customer is chargeable, but not limited to inadequate backup of data.
9. Disclaimer for end customers
Order placed by a customer may be canceled according to the rights of withdrawal section of §3 FernAbsG, which permits the customer to return the products within a timeframe of 14 days after the product has been received. The right to withdrawal can be exercised by returning the product to I&S Software. The right to withdrawal may only be exercised in this way without specification or reasons. Excluded from the right of withdrawal are sealed packages, where the seal has been broken or damaged, as well as downloadable products.
VAT ID: DE242608907