General Terms and Conditions (GTC) for Our Onlineshop
(1) These terms and conditions shall apply to all contracts and other services of casaGeo Data + Services GmbH, Fraunhoferstraße 3, 25524 Itzehoe, Germany (hereinafter: "Seller"), vis-à-vis its customers concerning the sale of digital content via the online store https://casageo.de/en/shop. The Seller shall not be liable for any damage caused by the sale of digital content. Deviating regulations of the customers do not apply, unless the seller has confirmed this expressly and in writing.
(2) The Seller does not sell digital products to private customers. His offers are directed exclusively to companies, authorities, associations and other non-private consumers.
(3) The business relations between the seller and the customers are subject to the laws of the Federal Republic of Germany. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence. The application of UN sales law is excluded.
(4) The place of jurisdiction is Itzehoe, insofar as the customer is a merchant, a legal entity under public law or a special fund under public law. The same shall apply if a customer does not have a general place of jurisdiction in Germany or if the customer's place of residence or habitual abode are not known at the time the action is brought.
(5) Agreements made with the Customer in individual cases (including collateral agreements, supplements and amendments) shall in any case take precedence over these Terms and Conditions.
(6) The contract language is German or English.
(7) In the online store, the customer can call up and print out the order overview and the General Terms and Conditions. Otherwise, the text of the contract is not stored by the seller in the online store after the conclusion of the contract and is therefore not accessible.
(8) Customers who are consumers have the option to use an alternative dispute resolution. The following link of the EU Commission (also called OS platform) contains information about online dispute resolution and serves as a central contact point for the out-of-court settlement of disputes arising from online purchase contracts: http://ec.europa.eu/consumers/odr.
(9) Duty to inform according to the Consumer Dispute Resolution Act (§36 VSBG): The seller is neither willing nor obliged to participate in further dispute resolution proceedings before a consumer arbitration board.
2. Contents of the Contract and Conclusion of the Contract
(1) The seller offers license keys and transaction packages (not on a physical data carrier, hereinafter "digital content") for sale to customers in his online store. The Seller's offers are directed exclusively at commercial customers.
(2) When purchasing in the online store, a purchase contract is concluded through the acceptance of the customer's order by the seller. Price markings in the online store do not constitute an offer in the legal sense. Before bindingly submitting his order by clicking the button "order subject to payment", the customer can continuously correct all entries via the usual touch screen, keyboard and mouse functions. Before submitting his order, the customer can specify whether the seller should begin executing a contract for digital content before the cancellation period expires. In addition, all entries are displayed again in a confirmation window before the order is bindingly submitted and can also be corrected there using the usual touch screen, keyboard and mouse functions. The receipt and acceptance of the order will be confirmed to the customer by e-mail.
(3) With the delivery about the conclusion of the contract the customer receives the contract text and these general terms and conditions, as well as the cancellation policy.
3. Registration(1) To purchase digital content, however, the customer must register free of charge and open a customer account. When registering, the customer provides his first and last name, e-mail address and place of residence. In addition, the customer specifies a user name and password. Communication between the seller and the customer takes place via the specified e-mail address. After completing the registration process, the customer receives an activation link by e-mail. The customer must click on this link to successfully open the account and confirm his details (double opt-in). A registration that a user does not confirm within one week by clicking on the activation link can be deleted by the seller.
(2) The data requested by the seller during registration must be provided completely and correctly. Customers must keep their access data secret. If the data changes subsequently, the customers are obliged to correct the information immediately.
4. Prices, Value Added Tax and Payment
(1) All prices are net prices. The statutory value-added tax will be added when the order is placed.
(2) The provision of digital content is generally subject to advance payment by the customer. Unless otherwise agreed individually, payment of the purchase price shall be made immediately after order confirmation by bank transfer, credit card or via PayPal.
(3) Payment is due no later than 1 week after conclusion of the contract.
(4) If a customer defaults on his payment obligations, the seller may claim damages in accordance with the statutory provisions.
(5) The Seller shall always issue an invoice to the Customer, which shall be sent to the Customer in text form.
5 Provision of digital contents(1) Digital content will be made available to the customer after receipt of payment. For this purpose, the Customer will receive a link or license code by e-mail, under which the Customer can view and/or download the digital content purchased by him or with which he can activate already downloaded software. The customer must first log in to his account in order to view and download the purchased digital content. The Seller points out that a connection to the Internet must be established for each retrieval of the digital content.
(2) The digital content is available permanently/ for 12 months in the customer's account.
(3) The Seller may restrict access to its own services if the security of network operation, the maintenance of network integrity, in particular the avoidance of serious disruptions to the network, the software or stored data so require. In the event of failure of services due to a malfunction outside the Seller's sphere of responsibility, the reduction shall be excluded. The same applies to the failure of services due to necessary business interruptions (maintenance work).
6 Liability for Defects of Quality and TitleThe Seller shall be liable for material defects and defects of title in accordance with the statutory provisions. Defects shall be notified to the Seller by the Customer within a warranty period of two years. Otherwise, the Seller shall be liable for material defects and defects of title in accordance with the statutory provisions.
7. Exclusion of Liability
(1) The Seller shall be liable without limitation for damages and impairments caused by computer viruses and outside the liability for material defects and defects of title, insofar as the cause of the damage is based on intent or gross negligence. He shall also be liable for the slightly negligent breach of essential obligations (obligations whose breach endangers the achievement of the purpose of the contract) as well as for the breach of cardinal obligations (obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies), but in each case only for the foreseeable damage typical for the contract. The Seller shall not be liable for the slightly negligent breach of obligations other than the aforementioned.
(2) The limitations of liability of the preceding paragraph shall not apply in case of injury to life, body and health, for a defect after assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act shall remain unaffected.
(3) If the liability of the Seller is excluded or limited, this shall also apply to the personal liability of its employees, representatives and vicarious agents.
(1) The Seller reserves the industrial property rights and copyrights to all digital contents, logos, illustrations and other documents. The copyright notices, digital signatures, trademarks and other legal reservations contained in digital content may not be edited or removed. Digital content may not be further processed by the customer, changed in terms of content or editing, sold, passed on, published, made available as a download, edited or transferred in any other way.
(2) The customer does not acquire ownership of digital content. The customer only receives the simple, temporally unrestricted, personal and non-transferable right to use the digital content for personal use. The customer is entitled to use the digital content for personal purposes and for this purpose, for example, print it out or copy or store it on another computer or mobile device. The partial or complete transfer of the digital content, a copy or a printout to third parties is prohibited. The customer is strictly prohibited from publicly reproducing, posting the digital product on the Internet or a company network, lending, reselling and any other type of use for commercial purposes. Passing on the access data to the account or the link with the digital content provided is also prohibited.
10. Severability Clause
If a provision of these general terms and conditions is invalid, the remaining provisions shall remain unaffected. The invalid provision shall be deemed to be replaced by a provision that comes as close as possible in economic terms to the meaning and purpose of the invalid provision in a legally effective manner. The same shall apply to any loopholes.
Consumers are entitled to a right of revocation in accordance with the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
Right of WithdrawalYou have the right to revoke this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day of the conclusion of the contract.
In order to exercise your right of revocation, you must inform us (casaGeo Data + Services GmbH, Fraunhoferstraße 3, 25524 Itzehoe, Germany, telephone +49 4821 1339100, fax +49 4821 1339199, e-mail firstname.lastname@example.org) by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. For this purpose, you may use the enclosed sample revocation form, which, however, is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period. 13. Extraordinary termination
casaGeo obtains the right of extraordinary termination if the customer violates essential provisions of the Federal Data Protection Act or a purpose limitation specified in the contract or these GTC when processing or using the provided data.
Consequences of the Revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
Sample Cancellation Form
If you wish to revoke the contract, please fill out and return this form:
casaGeo Data + Services GmbH
Fax number: +49 4821 133 91 99
E-mail address: email@example.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*):
- Ordered on (*)/ received on (*): _____________________________
- Name of the company : ______________________________
- Address of the company : ____________________________
Signature (only in case of paper communication)
(*) Delete as applicable