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Software für Dachdecker und Zimmerer
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Conditions


Conditions
Terms of Service

1. Scope / subject of the contract
The following terms and conditions apply to all between the buyer - below Buyers called - and us, the company JK Dachsoftware - hereinafter Intermediary called - in the online shop "www.jk-dachsoftware.de" or via other online sales channels for distance selling used by the agent.
The subject of the contract is the procurement and training of software products. It is aimed at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) and consumers according to Section 13 of the German Civil Code (BGB).
Deviating conditions of the buyer, which the agent does not expressly recognize, are non-binding for the agent until they are confirmed in writing. The following terms and conditions apply even if the agent carries out the buyer's order without reservation, knowing that the buyer has conflicting or deviating conditions.

2. Offer and conclusion of contract
2.1 The presentation of the products in the online shop does not represent a legally binding offer, but an invitation to submit an offer.
2.2 An order from the buyer that qualifies as an offer to conclude a brokerage contract can be accepted by the broker within two weeks of receipt by sending an invoice, preferably by email. This invoice is considered an order confirmation and contains all data of the order including these general terms and conditions.
2.3 Our offers are subject to change and non-binding, unless we have expressly designated them as binding.
2.4. The order of goods with contractual conditions will be saved by us until they are processed. This data is available to you in the form of the data according to section 2.2 sent e-mail after the conclusion of the contract. In addition, you have the option of saving or printing out the text of the contract when ordering.
2.5 The buyer receives the license required for use either from us, the agent, or directly from the manufacturer. The manufacturer is named in the product description. A link to the respective terms and conditions of the manufacturer can be found on the corresponding software offer pages in the online shop. The buyer agrees that the agent forwards the necessary data for the transmission of the activation code to the manufacturer.
2.6 The contract is concluded in German.

3. Right of withdrawal / termination
3.1 Consumers (§ 13 BGB) have a statutory right of withdrawal. We refer to our separate cancellation policy (https://www.jk-dachsoftware.de/widerruf) for consumers. For entrepreneurs within the meaning of Section 14 of the German Civil Code, the right of withdrawal is hereby excluded.
3.2 For the continuation or termination of time-limited software usage models, the notice periods apply for the buyer in accordance with the respective software description in the online shop. In this respect, the intermediary refers to these descriptions.
If the buyer does not terminate his license in due time, it will be extended according to the information in the respective software description in the online shop. We also refer to this.
The software license can be terminated in writing to the agent.

4. Delivery area
Orders and deliveries are only possible within Europe. We will be happy to help you if you wish to order or to deliver outside of this area.

5. Prices and shipping costs
5.1 All prices quoted are in EURO plus the applicable sales tax. The agent will show the sales tax separately in the invoice at the statutory rate on the invoice date.
5.2 There are no shipping costs.

6. Payment and delivery
The purchase price must be paid in advance when the invoice is sent. It is due immediately upon submission of the invoice. The software / license to purchase and use the software will only be sent after the entire purchase price has been paid. Payment can be made in the following ways:
PayPal,
Credit card (Mastercard or Visa),
Purchase on account or bank transfer,
Direct debit.

7. Liability
7.1 The purchaser's claims for defects only exist if the purchaser has properly complied with his inspection and complaint obligations under Section 377 of the German Commercial Code, with the proviso that the notification of defects must be made either in writing (Section 126 of the German Civil Code) or in text form (Section 126 b of the German Civil Code) .
7.2 The agent excludes a guarantee for the compatibility of the software with the operating system used by the buyer and the hardware used. The buyer takes the system requirements necessary for the operation of a software from the respective product descriptions on the website of the agent. With the order, the buyer confirms that he has taken note of the relevant system requirements.
7.3 Claims for damages from tort are excluded, unless the damage was caused intentionally or through gross negligence. This also applies to the actions of our vicarious agents.

8. Applicable law, place of performance and place of jurisdiction
8.1 The relationships between the contracting parties are governed exclusively by the law applicable in the Federal Republic of Germany. The application of the uniform law on the international purchase of movable property as well as the law on the conclusion of international sales contracts for movable property is excluded.
8.2 Place of fulfillment and jurisdiction for deliveries and payments (including check and bill of exchange actions) as well as all disputes arising between the agent and the buyer from the concluded sales contracts is Monschau. However, the agent is entitled to sue the buyer at his place of residence and / or business.

Status: August 2019

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