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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 is also 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 telephone or internet), the following cancellation policy applies:

START OF THE CANCELLATION POLICY

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

  • the contract was concluded (for the downloading of digital content).

  • you or your designated third party – not delivery personnel – takes possession of the goods (when goods are purchased in accordance with section 90 BGB (German Civil Code)).

To exercise your cancellation right, you must inform us at

  • SoftMaker Software GmbH
    Kronacher Str. 7
    90427 Nuremberg
    Germany
    Phone +49-911-936 3860
    Fax +49-911-30 37 96
    E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.

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.

Effects of cancellation

If you cancel this contract, we will reimburse all payments 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 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 with you otherwise. You will not be charged any fees due to 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 is considered met as long as you send the goods before the expiration of the fourteen-day period. You 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 necessary to ascertain the nature, characteristics and function of the goods.

END OF THE CANCELLATION POLICY

"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 is 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 is 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 is 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

Until complete settlement of all outstanding claims against the ordering party, the delivered goods remain the property of SoftMaker Software GmbH. 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 is 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 demand 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 by SoftMaker Software GmbH or its agents, the damage is due to the lack 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 are 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. Specifically, 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 applies with the exclusion of the UNCISG (United Nations Convention on Contracts for the International Sale of Goods). The place of fulfillment and jurisdiction is Nuremberg, Germany.

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