Terms and Conditions

1) Scope of application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of E2 software s.r.o. (hereinafter referred to as "Seller") shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Customer") and the Seller relating to all goods and/or services presented in the Seller's online store. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.

1.2 These GTC apply accordingly to contracts for the delivery of physical data carriers that serve exclusively as carriers of digital content, unless otherwise agreed. Digital content within the meaning of these GTC is data that is created and provided in digital form.

1.3 These GTC apply accordingly to contracts for the provision of digital content, unless otherwise agreed.

1.4 These GTC apply accordingly to contracts for the provision of licences, unless otherwise agreed. In this case, the Seller owes the provision of a licence for the use of the digital content or digital services described by it (hereinafter "digital products") as well as the granting of the contractually agreed rights to use the respective digital products. The Customer does not acquire any intellectual property rights to the digital product. The respective product description of the Seller is decisive for the quality of the digital product.

1.5 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession.

1.6 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.

1.7 The subject matter of the contract may — depending on the content description of the Seller — be both the one-off provision of digital content and the regular provision of digital content (hereinafter "subscription contract"). In the case of a subscription contract, the Seller undertakes to provide the Customer with the contractually owed digital content for the duration of the agreed contract term at the contractually agreed time intervals.

2) Conclusion of contract

2.1 The product descriptions contained in the Seller's online store do not constitute binding offers on the part of the Seller, but are intended for the submission of a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Seller's online store. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods 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 e-mail or via the online contact form.

2.3 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 (e-mail), whereby the receipt of the order confirmation by the Customer is decisive in this respect, or
• by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
• by requesting payment from the Customer after the Customer has placed the order.

If several of the aforementioned alternatives exist, the contract is concluded at the point in 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 shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.

2.4 If the payment method "credit card via Stripe" is selected, the Seller declares acceptance of the Customer's offer at the time the Customer clicks the button that completes the order process.

2.5 When an offer is submitted via the Seller's online order form, the text of the contract is saved by the Seller after the contract is concluded and sent to the Customer in text form (e.g. e-mail) after the Customer's order has been sent. The Seller will not make the text of the contract available beyond this. If the Customer has set up a user account in the Seller's online store before sending 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 entering the corresponding login data.

2.6 Before submitting a binding order via the Seller's online order form, the Customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means of better recognizing input errors can be the browser's magnification function, which enlarges the display on the screen. Customers can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click on the button that concludes the ordering process.

2.7 Different languages are available for the conclusion of the contract. The specific language selection is displayed in the online store.

2.8 Order processing and contact are generally carried out by e-mail and automated order processing. The Customer must ensure that the e-mail address provided by him for order processing 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 e-mails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller's withdrawal policy.

3.3 In the case of a contract for the supply of digital content not supplied on a tangible medium, the right of withdrawal expires if the Seller has begun with the performance of the contract after the consumer has expressly consented to the Seller beginning with the performance of the contract before the expiry of the withdrawal period and has confirmed his knowledge that by giving his consent he loses his right of withdrawal upon the beginning of the performance of the contract.

4) Prices and terms of payment

4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices that include statutory VAT. Any additional delivery and shipping costs will be indicated separately in the respective product description.

4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the Seller is not responsible and which are to be borne by the Customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred 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.

4.3 The payment option(s) will be communicated to the Customer in the Seller's online store.

4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date. The goods will be delivered after receipt of the full payment.

4.5 If a payment method offered via the "Stripe" payment service is selected, the payment will be processed via the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe are communicated to the Customer in the Seller's online store. Stripe may use other payment services to process payments, for which special payment conditions may apply, to which the Customer may be informed separately. Further information on Stripe can be found on the Internet at https://stripe.com.

4.6 If the payment method "credit card via Stripe" is selected, the invoice amount is due immediately upon conclusion of the contract. Stripe reserves the right to carry out a credit check and to reject this payment method if the credit check is negative.

4.7 If the payment method "purchase on account" is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The Seller reserves the right to offer the payment method purchase on account only to entrepreneurs, only up to a certain order volume, and to reject this payment method if the specified order volume is exceeded. In this case, the Seller will inform the Customer of a corresponding payment restriction in his payment information in the online store. The Seller also reserves the right to carry out a credit check when the payment method purchase on account is selected and to reject this payment method if the credit check is negative.

5) Delivery and provision

5.1 If the Seller offers to ship physical goods, delivery will be made within the delivery area specified by the Seller to the delivery address specified by the Customer, unless otherwise agreed. The delivery address specified in the Seller's order processing is decisive for the processing of the transaction.

5.2 If the delivery of the goods fails for reasons for which the Customer is responsible, the Customer shall bear the reasonable costs incurred by the Seller as a result. This does not apply with regard to the costs for the return shipment if the Customer effectively exercises his right of withdrawal. If the Customer effectively exercises his right of withdrawal, the provision in the Seller's withdrawal policy shall apply to the return costs.

5.3 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-delivery. This shall only apply in the event that the Seller is not responsible for the non-delivery and the Seller has concluded a specific covering transaction with the supplier with due care. The Seller shall make every reasonable effort to procure the goods. In the event of non-availability or only partial availability of the goods, the Customer will be informed immediately and the consideration will be refunded without delay.

5.4 Collection by the Customer is not possible for logistical reasons.

5.5 Digital content is provided to the Customer as follows:

• by direct access via the Seller's website,
• by download,
• by e-mail.

5.6 Licences are provided to the Customer as follows:

• by display on the screen,
• by download,
• by e-mail.

6) Granting of rights of use for digital content

6.1 Unless otherwise stated in the content description in the Seller's online store, the Seller grants the Customer the non-exclusive right, unlimited in time and place, to use the content provided for private and commercial purposes.

6.2 The transfer of the content to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted unless the Seller has agreed to the transfer of the contractual licence to the third party.

6.3 Insofar as the contract relates to the one-off provision of digital content, the granting of rights shall only become effective once the Customer has paid the remuneration owed in full. The Seller may provisionally permit the use of the contractual content even before this point in time. Such provisional permission does not constitute a transfer of rights.

7) Granting of rights of use for licences

7.1 The licence provided entitles the Customer to use the digital product shown in the respective product description of the Seller to the extent described therein.

7.2 Insofar as the licence relates to the one-time provision of digital content, the granting of rights shall only become effective once the Customer has paid the remuneration owed in full.

8) Duration and termination of subscription contracts

8.1 Subscription contracts are concluded for an indefinite period and can be terminated by the Customer at any time with a notice period of 14 days, unless otherwise stated in the respective product description.

8.2 The right to extraordinary termination for good cause remains unaffected. Good cause shall be deemed to exist if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period, taking into account all circumstances of the individual case and weighing the interests of both parties.

8.3 Notice of termination may be given in writing or in text form (e.g. by e-mail).

9) Retention of title

If the Seller makes advance payment, he shall retain title to the delivered goods until the purchase price owed has been paid in full.

10) Liability for defects (warranty)

Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. In deviation from this, the following applies to contracts for the delivery of goods:

10.1 If the Customer acts as an entrepreneur,

• the Seller has the choice of the type of subsequent performance;
• in the case of new goods, the limitation period for warranty rights is one year from delivery of the goods;
• in the case of used goods, the warranty rights are excluded;
• the limitation period shall not recommence if a replacement delivery is made as part of the liability for defects.

10.2 If the Customer acts as a consumer, the following applies to contracts for the delivery of used goods with the restriction of the following clause: the limitation period for claims for defects is one year from delivery of the goods if this has been expressly and separately contractually agreed between the parties and the Customer was specifically informed of the shortening of the limitation period before submitting his contractual declaration.

10.3 The above limitations of liability and shortening of the limitation period shall not apply

• to claims for damages and reimbursement of expenses by the Customer,
• in the event that the Seller has fraudulently concealed the defect,
• for goods that have been used for a building in accordance with their normal use and have caused its defectiveness,
• for any existing obligation of the Seller to provide updates for digital products, in the case of contracts for the delivery of goods with digital elements.

10.4 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse remain unaffected.

10.5 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he shall be subject to the commercial obligation to inspect and give notice of defects in accordance with Section 377 HGB. If the Customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

10.6 If the Customer acts as a consumer, he is requested to complain to the deliverer about delivered goods with obvious transport damage and to inform the Seller of this. If the Customer fails to do so, this shall have no effect on his statutory or contractual claims for defects.

11) Liability

The Seller shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

11.1 The Seller shall be liable without limitation for any legal reason

• in the event of intent or gross negligence,
• in the event of intentional or negligent injury to life, limb or health,
• on the basis of a guarantee promise, unless otherwise regulated in this respect,
• due to mandatory liability such as under the Product Liability Act.

11.2 If the Seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical of the contract, unless unlimited liability applies in accordance with the above clause. Essential contractual obligations are obligations which the contract imposes on the Seller according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the Customer may regularly rely.

11.3 Any further liability of the Seller is excluded.

11.4 The above liability provisions also apply with regard to the liability of the Seller for its vicarious agents and legal representatives.

12) Applicable law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.

13) Place of jurisdiction

If the Customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the Seller. If the Customer is domiciled outside the territory of the Federal Republic of Germany, the Seller's place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. In the above cases, however, the Seller is in any case entitled to appeal to the court at the Customer's place of business.

14) Alternative dispute resolution

The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.