General terms and conditions with customer information
2. Subject matter of the contract
3. Conclusion of the contract
4. Right of withdrawal
5. Prices and terms of payment
6. Delivery of the software
7. Delivery of license keys
8. Granting of usage rights for software
9. Granting of usage rights for license keys
10. Customer's obligation to cooperate
11. Liability for defects
13. Applicable Law
14. Place of jurisdiction
15. Alternative dispute resolution
1.1 These general terms and conditions (hereinafter "GTC") of Cem Atik, trading under "NerdzPlanet" (hereinafter "seller"), apply to all contracts for the delivery of software in digital form that a consumer or entrepreneur (hereinafter "customer") with the seller with regard to the software products displayed by the seller in his online shop (hereinafter "software"). The inclusion of the customer's own conditions is hereby contradicted, unless otherwise agreed.
1.2 A consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
1.3 An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising their commercial or independent professional activity.
1.4 These terms and conditions apply accordingly to contracts for the delivery of license keys, unless otherwise stipulated.
2) Subject matter of the contract
2.1 In the case of contracts for the delivery of software, the seller owes the provision of the software offered by him to the customer in digital form with the granting of certain rights of use.
2.2 In the case of contracts for the delivery of license keys, the seller owes the provision of a license key in digital form for the use of the software described by him and the granting of the contractually agreed rights to use the respective software.
2.3 The customer does not acquire any intellectual property in the software. The source code of the software is not part of the provided software.
2.4 The respective product description in the seller's online shop is decisive for the quality of the software provided by the seller. The seller does not owe any further quality of the software.
2.5 Installation is not part of the contract. In this respect, the seller refers to the installation instructions. This also applies in particular to the hardware and software environment in which the software is used.
2.6 Unless otherwise stated in the seller's product description, the customer does not receive any additional support services from the seller, such as updates to the software version purchased (updates) or individual application support.
3) Conclusion of the contract
3.1 The software products described in the seller's online shop do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
3.2 The customer can submit the offer using the online order form integrated in the seller's online shop. After placing the selected software in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contract offer with regard to the software contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by telephone, fax, email or post.
3.3 The seller can accept the customer's offer within five days,
- by sending the customer a written order confirmation or an order confirmation in text form (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
- by leaving the ordered software to the customer, whereby the customer's access is decisive, or
- by asking the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends at the end of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer, with the result that the customer is no longer bound by his declaration of intent.
3.4 When submitting an offer via the seller's online order form, the text of the contract will be saved by the seller after the contract has been concluded and sent to the customer in text form (e.g. e-mail, fax or letter) after his order has been sent. Any further provision of the contract text by the seller does not take place. If the customer has set up a user account in the seller's online shop before submitting his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.
3.5 Before the binding submission of the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the representation on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
3.6 Only the German language is available for the conclusion of the contract.
3.7 Orders are processed and contact is usually made by email and automated order processing. The customer must ensure that the e-mail address given by him to process the order is correct so that the e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the seller can be delivered.
4) right of withdrawal
Consumers generally have a right of withdrawal. Further information on the right of withdrawal can be found in the seller's cancellation policy.
5) Prices and terms of payment
5.1 Unless otherwise stated in the seller's product description, the prices given are total prices that include statutory sales tax.
5.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the provider is not responsible and which are to be borne by the customer. These include, for example, the costs of transferring money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also arise in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
5.3 The payment option (s) will be communicated to the customer in the seller's online shop.
5.4 If prepayment by bank transfer has been agreed, payment is due immediately after the conclusion of the contract, unless the parties have agreed a later due date.
6) Delivery of the software
6.1 The seller makes the delivery by making a digital copy of the software available to the customer for download from the Internet. For this purpose, the seller provides the customer with a link by email, via which the customer can initiate the download of the digital copy and save the copy at a location of his choice.
6.2 For compliance with any delivery dates, the time at which the software is made available on the network and this is communicated to the customer is decisive.
7) Delivery of license keys
License keys are given to the customer as follows:
- by download
- by email
8) Granting of usage rights for software
For the content and scope of the respective software license, the license terms of the respective software manufacturer apply, to which the seller explicitly refers in the product description.
9) Granting of usage rights for license keys
The license key provided entitles the customer to use the software shown in the respective product description to the extent described there. For the content and scope of the respective software license, the license terms of the respective software manufacturer apply, to which the seller explicitly refers in the product description.
10) Customer's obligation to cooperate
10.1 The customer has to inform himself about the essential functional features of the software and bears the risk of whether it corresponds to his wishes and needs. It is the sole responsibility of the customer to set up a functional and adequately dimensioned hardware and software environment for the software, also taking into account the additional load caused by the software.
10.2 The customer must observe the instructions given by the seller for the installation and operation of the software.
10.3 The seller recommends that the customer take reasonable precautions in the event that the software does not work properly in whole or in part (e.g. through daily data backup, fault diagnosis, regular checking of the data processing results) and to make a suitable backup of his data before installing the software.
11) Liability for defects
If the software is defective, the provisions of statutory liability for defects apply. Deviating from this, the following applies:
11.1 If the customer acts as an entrepreneur,
- the seller has the choice of the type of supplementary performance;
- In the case of new software, the limitation period for defects is one year from delivery of the software;
- In the case of used software, the rights and claims due to defects are fundamentally excluded;
- the limitation period does not start again if a replacement delivery is made within the scope of liability for defects.
11.2 If the customer acts as a consumer, used software applies with the restriction of the following paragraph: Claims for defects are excluded if the defect does not appear until one year after delivery of the software. Defects that occur within one year of delivery of the software can be asserted within the statutory limitation period.
11.3 The limitations of liability and shortened deadlines set out in the preceding paragraphs do not apply
- for claims for damages and reimbursement of expenses by the customer, as well as
- in the event that the seller has fraudulently concealed the defect.
11.4 In addition, it applies to entrepreneurs that the statutory limitation periods for the right of recourse according to § 445b BGB remain unaffected.
11.5 If the customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he is subject to the commercial inspection and notification obligation in accordance with Section 377 of the German Commercial Code. If the customer fails to comply with the notification requirements regulated there, the software is deemed to have been approved.
The seller is liable to the customer for all contractual, contractual and legal, including tortious claims for damages and reimbursement of expenses as follows:
12.1 The seller is unrestrictedly liable for any legal reason
- in the event of willful intent or gross negligence,
- in the event of willful or negligent injury to life, body or health,
- on the basis of a guarantee promise, unless otherwise regulated in this regard,
- due to mandatory liability such as under the Product Liability Act.
12.2 If the seller negligently breaches an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless unlimited liability is assumed in accordance with the preceding paragraph. Essential contractual obligations are obligations that the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the customer can regularly rely.
12.3 Otherwise liability on the part of the seller is excluded.
12.4 The above liability regulations also apply with regard to the liability of the seller for his vicarious agents and legal representatives.
13) Applicable Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
14) place of jurisdiction
If the customer acts as a merchant, legal entity under public law or a special fund under public law with headquarters in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the seller's place of business. If the customer is based outside the territory of the Federal Republic of Germany, the seller's place of business is the exclusive place of jurisdiction for all disputes arising from this contract, if the contract or claims from the contract can be attributed to the customer's professional or commercial activity. In the above cases, however, the seller is always entitled to call the court at the customer's registered office.
15) Alternative dispute resolution
15.1 The EU Commission provides a platform for online dispute resolution under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
15.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.