Terms of Use
General Terms and Conditions (GTC) with Customer Information
Table of contents
- Scope
- Subject of the contract
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Provision of the software
- Granting of rights of use
- Obligations of the customer
- Liability for defects
- Applicable law
- Place of jurisdiction
- Alternative dispute resolution
- Code of conduct
1. Scope
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Softsync24 (hereinafter referred to as “Company”) apply to all contracts for the provision of software that a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Company via the software products (hereinafter referred to as “Software”) presented in the Company’s online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to their commercial or independent professional activity.
1.3 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.
2. Subject of the contract
2.1 The subject of the contract is the provision of the software offered by the company in electronic form, including the granting of certain rights of use, as defined in these GTC.
2.2 The customer does not acquire any intellectual property rights to the software. The source code of the software is not part of the software provided.
2.3 Installation is not part of the contract. The company refers to the installation instructions. This applies in particular to the hardware and software environment in which the software is to be used.
2.4 Unless otherwise stated in the company’s product description, the customer does not receive individual support for the software.
3. Conclusion of contract
3.1 The software products described in the company’s online shop do not constitute binding offers by the company, but serve to enable the customer to submit a binding offer.
3.2 The customer can submit their offer via the online order form in the company’s online shop. After selecting the software in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contract offer by clicking on the button that completes the ordering process.
3.3 The company can accept the customer’s offer within five days by sending a written order confirmation or an order confirmation in text form, by providing the ordered software to the customer, or by requesting payment. If the offer is not accepted within this period, it is deemed to have been rejected.
3.4 If a payment method offered by PayPal is selected, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., in accordance with PayPal’s terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.
3.5 The contract text is stored by the company after conclusion of the contract and sent to the customer in text form (e.g. by e-mail).
3.6 Before submitting the order, the customer can recognize and correct input errors based on the information displayed.
3.7 Only the English language is available for the conclusion of the contract.
3.8 Order processing and contact are usually made by e-mail and automated order processing.
4. Right of withdrawal
Consumers are generally entitled to a right of withdrawal. Further information can be found in the company’s cancellation policy.
5. Prices and terms of payment
5.1 Unless otherwise stated in the product description, the prices quoted are total prices including statutory sales tax.
5.2 The available payment methods are communicated in the online shop.
6. Provision of the software
6.1 The software is provided by providing a digital download. The customer will receive a link by e-mail.
6.2 Compliance with delivery dates results from the provision for download and notification of the customer.
7. Granting of rights of use
7.1 Unless otherwise stated, the customer receives a non-exclusive, temporally unlimited, transferable right to use the software for private purposes.
7.2 A right to edit the software is not granted.
7.3 The rental of the software is not permitted.
7.4 The removal and/or modification of an existing copy protection is not permitted.
7.5 The customer may create a backup copy of the software.
7.6 The customer’s right of use expires when the software is passed on to third parties.
7.7 The granting of rights only comes into effect after full payment.
7.8 The company can terminate the contract if the customer seriously violates the rights of use.
7.9 In the event of termination, the customer is obliged to delete all software copies.
8. Obligations of the customer
8.1 The customer must inform themselves about the essential functions of the software and ensure a suitable hardware and software environment.
8.2 The company’s instructions for installation and use must be observed.
8.3 The company recommends suitable precautions and data backups.
9. Liability for defects
The statutory provisions on liability for defects apply.
10. Applicable law
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Consumers are excluded from this if the protection is restricted by mandatory provisions of the consumer’s state of residence.
11. Place of jurisdiction
If the customer is a merchant, the company’s registered office is the exclusive place of jurisdiction.
12. Alternative dispute resolution
12.1 The EU Commission provides a platform for online dispute resolution: https://ec.europa.eu/consumers/odr.
12.2 The company is not obliged and not willing to participate in a dispute resolution procedure.
13. Code of conduct
The company has committed itself to the terms and conditions of participation of the eCommerce initiative “Fairness im Handel”, available at https://www.fairness-im-handel.de/teilnahmebedingungen/, as well as the Trusted Shops quality criteria, available at http://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_en.pdf.