General terms and conditions
1. Applicability
The following general terms and conditions, in the form valid at the time the order is placed, apply to the business relationship between SoftMaker Software GmbH ("SoftMaker") and the ordering party. SoftMaker Software GmbH does not recognize any conditions of the ordering party that deviate from these unless SoftMaker Software GmbH has expressly consented in writing to their validity.
2. Conclusion of the contract and withdrawal
Once SoftMaker receives an order, you will receive a confirmation that the order has been received. As it is an automatically generated acknowledgment of receipt, it is non-binding. The acceptance of an order by SoftMaker does not take place until the goods have been dispatched or the download has been provided. SoftMaker reserves the right to withdraw from an order based on typographic, printing or calculation errors on its website.
If a supplier of SoftMaker fails to deliver ordered goods to SoftMaker Software GmbH despite a contractual obligation, SoftMaker shall also be entitled to withdraw from the contract. In this case, the ordering party will be informed immediately that the ordered product is not available. Any purchase price already paid will be refunded immediately.
3. Cancellation policy
For contracts that we conclude with consumers solely via remote means of communication (such as phone or internet), the following cancellation policy applies:
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Right of cancellation You have the right to cancel this contract within 14 days without stating a reason. The cancellation period is fourteen days from the date
To exercise your cancellation right, you must inform us at
by making a clear statement (e.g., with a letter sent by mail, a fax or an e-mail) of your intent to withdraw from the contract. You can do so using the sample order cancellation form that we send you when you place your order. However, the use of this form is not required. In order to comply with the cancellation period, it is sufficient that you send your notification concerning the exercise of your cancellation right prior to the expiration of the cancellation period. Consequences of cancellation If you cancel this contract, we will reimburse all payments that we received from you, including shipping costs (with the exception of additional costs if you chose a different method of delivery than the inexpensive standard shipping which we offer), no later than fourteen days from the date we receive the notification of your cancellation of this contract. We will make the repayment using the same method of payment that you used in the original transaction, unless expressly agreed otherwise with you. You will not be charged any fees for the repayment. We may withhold reimbursement until we have received the returned goods or until you have provided proof that you have returned the goods, whichever occurs first. You must return the goods to us immediately and in any case no later than fourteen days from the date on which you inform us of your intent to cancel this contract. The deadline shall be considered met if you send the goods before the expiration of the fourteen-day period. You shall bear the direct cost of returning the goods. You must pay for any loss in value of the goods only if this loss in value is shown to be caused by handling beyond that deemed necessary to ascertain the nature, characteristics and functioning of the goods. |
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"Freight collect" shipments and partially paid shipments are generally not accepted.
4. Delivery periods
Specified delivery dates are not binding, except in exceptional cases where delivery by a certain date was guaranteed.
5. Transfer of risk
Regardless of whether the ordering party is a consumer or not, risk is generally transferred to the ordering party only upon their receipt of the goods.
6. Due date and payment, default
The purchase price is due immediately upon delivery of the goods. If the ordering party is in default of payment, SoftMaker shall be entitled to charge default interest at the rate of 5% above the published base rate of the Deutsche Bundesbank. If SoftMaker incurs demonstrably higher default damages, SoftMaker shall be entitled to claim them.
If a bank fails to honor a direct debit (funds transfer) to SoftMaker due to the fault of the ordering party (for example, lack of funds, false or incorrect account information), the ordering party shall be obliged to compensate SoftMaker for any resulting damages (return debit fees and other actual costs).
7. Offsetting and retention
Only ordering parties with counterclaims that are legally binding or recognized by SoftMaker Software GmbH have a right to offset. Furthermore, ordering parties entitled to exercise a right of retention may only do so to the extent that the counterclaim is based on the same contractual relationship.
8. Retention of title
The delivered goods shall remain the property of SoftMaker Software GmbH until complete settlement of all outstanding claims against the ordering party. Prior to the final payment, assignment or transfer of ownership via collateralization is prohibited. During the period of retention of title, the ordering party shall insure the goods owned by us against fire, water, theft and burglary. The rights under this insurance are assigned to us. We accept this assignment.
9. Warranties and liability
If the goods have a defect attributable to SoftMaker Software GmbH, SoftMaker shall be entitled, at its own discretion, either to remedy the defect or replace the goods. In the event of an unreasonable delay or inability to remedy or replace defective goods, the ordering party may cancel the purchase or claim a reduction of the purchase price.
Claims for damages may only be asserted if the damage was caused by malicious intent or the gross negligence of SoftMaker Software GmbH or its agents, the damage is due to the absence of a guaranteed characteristic, or if the German Product Liability Act stipulates liability. For damages in the event of a breach of a principal obligation due to simple negligence, potential claims shall be limited to the amount of the purchase price and to damages incurred as a result of procurement of the goods elsewhere. Force majeure and other interruptions of business that we cannot prevent release us from the obligation to deliver.
Further claims by the ordering party, for whatever legal reason, are excluded. SoftMaker is therefore not liable for damages which do not arise in the supplied item itself. In particular, SoftMaker shall not be held liable for lost profits or other financial losses of the ordering party. Insofar as the liability of SoftMaker Software GmbH is excluded or limited, this also applies to the personal liability of its employees, representatives and agents.
The legal warranty period is subject to statutory limitation and shall also apply to claims for compensation for consequential damages, unless tort claims are asserted.
10. Dispute resolution
The European Commission provides an online dispute resolution platform which you can find under the following link:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage
We are under no obligation to participate in proceedings with alternative bodies for dispute resolution and will not participate in any such proceedings.
11. Applicable law
German law shall apply to the exclusion of the UNCISG (United Nations Convention on Contracts for the International Sale of Goods). The place of fulfillment and sole place of jurisdiction is Nuremberg, Germany.