General Terms and Conditions with Customer Information

Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Softwarehandel24 (part of the Wiresoft AG corporate group) (hereinafter "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Seller regarding the goods presented by the Seller in his online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 For contracts for the delivery of digital content, these GTC apply accordingly, unless expressly regulated otherwise.

1.3 For contracts for the delivery of license keys, these GTC apply accordingly, unless expressly regulated otherwise. In this case, the Seller owes the provision of a license key for the use of the software or content described by him as well as the granting of the contractually agreed rights to use the respective software or content. The Customer does not acquire any intellectual property in the software or the content. The respective product description in the Seller's online shop is decisive for the quality of the software or content.

1.4 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or independent professional activity. 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 their commercial or independent professional activity.

1.5 Digital content within the meaning of these GTC are all data not located on a physical data carrier, which are produced in digital form and provided by the Seller under the granting of certain usage rights precisely regulated in these GTC.

Conclusion of Contract

2.1 The product descriptions contained in the seller's online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by fax, email, post, or via the online contact form.

2.3 The seller can 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 email), whereby the receipt of the order confirmation by the customer is decisive, or by delivering the ordered goods to the customer, whereby the receipt of the goods 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 is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end 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 is considered a rejection of the offer with the consequence that the customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, the payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), under the terms of the PayPal User Agreement, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - under the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller already declares acceptance of the customer's offer at the time when the customer clicks the button that concludes the ordering process.

2.5 If the payment method "Amazon Payments" is selected, the payment processing is carried out via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter: "Amazon"), under the terms of the Amazon Payments Europe User Agreement, available at https://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method during the online ordering process, they also issue a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the seller already declares acceptance of the customer's offer at the time when the customer triggers the payment process by clicking the button that concludes the ordering process.

2.6 When submitting an offer via the seller's online order form, the contract text is stored by the seller after the conclusion of the contract and sent to the customer in text form (e.g., email, fax, or letter) after the customer has sent their order. The seller does not make the contract text accessible beyond this. If the customer has set up a user account in the seller's online shop before sending their order, the order data will be archived on the seller's website and can be accessed by the customer free of charge via their password-protected user account by entering the corresponding login data.

2.7 Before submitting the 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 browser's zoom function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.8 The German and English languages are available for the conclusion of the contract.

2.9 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address they provide for order processing is correct so that emails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller with order processing can be delivered.

Right of Withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.

Prices and Payment Terms

4.1 Unless otherwise stated in the seller's product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs that may be incurred are specified separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases that the seller is not responsible for and that must be borne by the customer. These include, for example, costs for money transfers by credit institutions (e.g. transfer fees, exchange rate fees) or import-related duties or taxes (e.g. customs duties). Such costs may also arise in relation to the money transfer 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.

4.3 The payment option(s) will be communicated to the customer in the seller's online shop.

4.4 If prepayment by bank transfer is agreed, payment is due immediately after the contract is concluded, unless the parties have agreed on a later due date.

4.5 If the payment method "SOFORT" is selected, payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To be able to pay the invoice amount via "SOFORT", the customer must have an online banking account activated for participation in "SOFORT", legitimize themselves accordingly during the payment process, and confirm the payment instruction to "SOFORT". The payment transaction is carried out immediately afterward by "SOFORT" and the customer's bank account is debited. Further information on the payment method "SOFORT" can be accessed by the customer on the Internet at https://www.klarna.com/sofort/.

4.6 If a payment method offered via the payment service "Unzer" is selected, payment processing is carried out via the payment service provider Unzer Luxembourg S.A. société anonyme., 1, Place du Marché, L-6755 Grevenmacher, Luxembourg (hereinafter: "Unzer"). The individual payment methods offered via Unzer are communicated to the customer in the seller's online shop. To process payments, Unzer may use other payment services for which special payment conditions may apply, which the customer will be informed of separately if necessary. Further information about "Unzer" can be accessed on the Internet at https://www.unzer.com/.

4.7 If the payment method invoice purchase (only for business customers) is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 10 (ten) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the payment method invoice purchase only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case, the seller will inform the customer of a corresponding payment restriction in their payment information in the online shop. The seller also reserves the right to conduct a credit check when selecting the payment method invoice purchase and to reject this payment method in the event of a negative credit check.

4.8 If the payment method "PayPal Direct Debit" is selected, PayPal will collect the invoice amount after a SEPA direct debit mandate has been issued, but not before the deadline for the pre-notification on behalf of the seller from the customer's bank account. Pre-notification ("Pre-Notification") is any communication (e.g. invoice, policy, contract) to the customer that announces a debit via SEPA direct debit. If the direct debit is not honored due to insufficient account coverage or due to the provision of incorrect bank details, or if the customer objects to the debit, although they are not entitled to do so, the customer must bear the fees incurred by the respective credit institution due to the chargeback if they are responsible for this.

4.9 If the payment method "PayPal" (e.g. PayPal Express) is selected, payment processing is carried out via PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg ("PayPal"). To be able to pay the invoice amount via PayPal, the customer must have a PayPal account or open one, legitimize themselves accordingly during the order process, and confirm the payment instruction to PayPal. The payment transaction is carried out by PayPal immediately after confirmation of the payment order. Further information is provided to the customer during the order process.

4.10 If a payment method offered via the payment service "Stripe" is selected, payment processing is carried out via Stripe Payments Europe, Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland ("Stripe"). The specific payment methods supported by Stripe (e.g. credit card, Apple Pay) are displayed to the customer in the seller's online shop. To pay the invoice amount via Stripe, the customer must provide the required information and confirm the payment process. The payment transaction is then carried out immediately by Stripe. Further information can be viewed on Stripe's website at https://stripe.com/.

Delivery and Shipping Conditions

5.1 The delivery of goods is carried out via shipping to the delivery address specified by the customer, unless otherwise agreed. The delivery address specified in the seller's order processing is decisive for the transaction.

5.2 If the delivery of the goods fails for reasons attributable to the customer, the customer bears the reasonable costs incurred by the seller as a result. This does not apply to the costs of sending the goods if the customer effectively exercises their right of withdrawal. For the return costs, the regulation made in the seller's cancellation policy applies if the customer effectively exercises their right of withdrawal.

5.3 Self-collection is not possible for logistical reasons.

5.4 Digital content is provided to the customer exclusively in electronic form as follows:

via download via email

5.5 License keys are provided to the customer as follows:

via email

Granting of Usage Rights for Digital Content

6.1 Unless otherwise specified in the content description in the seller's online shop, the seller grants the customer the non-exclusive, unlimited right in terms of location and time to use the provided content for private as well as business purposes.

6.2 Passing on the content to third parties or creating copies for third parties outside the scope of these terms and conditions is not permitted unless the seller has agreed to the transfer of the contractual license to the third party.

6.3 The granting of rights only becomes effective when the customer has fully paid the contractually owed remuneration. The seller may also provisionally allow the use of the contractual content before this point in time. A transfer of rights does not occur through such provisional permission.

Granting of Usage Rights for License Keys

7.1 The provided license key entitles the customer to use the software or content evident from the respective product description to the extent described therein.

7.2 The granting of rights only becomes effective once the customer has fully paid the owed remuneration.

Retention of Title

If the seller makes an advance performance, he retains ownership of the delivered goods until the full payment of the owed purchase price.

Liability for Defects (Warranty)

9.1 If the purchased item is defective, the provisions of statutory liability for defects apply.

9.2 Deviating from this, the following applies to used goods: Claims for defects are excluded if the defect occurs only after one year from the delivery of the goods. Defects that occur within one year from the delivery of the goods can be claimed within the statutory limitation period. However, the reduction of the liability period to one year does not apply

to items that have been used for a building in accordance with their usual use and have caused its defectiveness, to claims for damages and reimbursement of expenses by the customer, and in the event that the seller has fraudulently concealed the defect.

9.3 The customer is requested to report delivered goods with obvious transport damage to the delivery agent and to inform the seller of this. If the customer does not comply with this, it has no effect on his statutory or contractual claims for defects.

Redemption of Promotional Vouchers

10.1 Vouchers issued free of charge by the seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the customer (hereinafter referred to as "promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period.

10.2 Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher.

10.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

10.4 Only one promotional voucher can be redeemed per order.

10.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

10.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.

10.7 The balance of a promotional voucher will neither be paid out in cash nor earn interest.

10.8 The promotional voucher will not be refunded if the customer returns the goods paid for wholly or partially with the promotional voucher within the scope of their statutory right of withdrawal.

10.9 The promotional voucher is transferable. The seller can perform with discharging effect to the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of authorization, the incapacity to contract, or the lack of representative authority of the respective holder.

Applicable Law

For all legal relationships of the parties, the law of the Federal Republic of Germany applies, excluding the laws on the international sale of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

Jurisdiction

If the customer acts as 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 is the seller's place of business. If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller's place of business is 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 customer's professional or commercial activity. In the aforementioned cases, however, the seller is in any case entitled to appeal to the court at the customer's place of business.

Code of Conduct

The seller has subjected themselves to the Trusted Shops quality criteria, which can be viewed on the Internet at https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_en.pdf.

Alternative Dispute Resolution

14.1 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.

14.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.