General Terms and Conditions (GTC)

Table of contents

  1. Scope
  2. Contract conclusion
  3. Right of withdrawal
  4. Prices and payment terms
  5. Shipping and delivery conditions
  6. Granting of usage rights for license keys
  7. Granting of usage rights for digital content
  8. Retention of title
  9. Warranty
  10. Redemption of promotional vouchers
  11. Redemption of gift vouchers
  12. Applicable law
  13. Place of jurisdiction
  14. Code of Conduct
  15. Alternative Dispute Resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter "GTC") of Softlive GmbH (hereinafter "Seller") apply to all contracts concluded by a consumer or entrepreneur (hereinafter "Customer") with the Seller regarding the goods and/or services presented by the Seller in its online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These terms and conditions apply accordingly to contracts for the delivery of physical data carriers that serve exclusively as carriers of digital content, unless otherwise regulated in this respect. Digital content within the meaning of these terms and conditions are data created and provided in digital form.

1.3 These terms and conditions apply accordingly to the delivery of digital content, unless expressly stated otherwise. Digital content within the meaning of these terms and conditions are data created and provided in digital form.

1.4 These terms and conditions apply accordingly to the purchase of vouchers, unless something different is expressly regulated in this respect.

1,5 These terms and conditions apply accordingly to contracts for the delivery of vouchers, unless something different is expressly regulated in this respect.

1.6 These terms and conditions apply accordingly to contracts for the provision of license keys, unless otherwise agreed. The seller owes the provision of a license key for the use of the digital content or digital services described by them (hereinafter "digital products") as well as the granting of the contractually agreed usage rights to the respective digital products. The customer does not acquire intellectual property rights to the digital product. The respective product description of the seller is decisive for the nature of the digital product.

1.7 Consumer within the meaning of these terms and conditions is any natural person who concludes a legal transaction for a purpose that is predominantly neither attributable to their commercial nor their independent professional activity.

1.8 An entrepreneur within the meaning of these terms and conditions is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers from the seller, but serve to submit 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 shop. After placing the selected goods and/or services in the virtual shopping cart and completing the ordering process, the customer submits a legally binding contractual offer regarding the goods and/or services contained in the shopping cart by clicking the button that completes the ordering process. Furthermore, the customer can also submit the offer by fax, email, or postal mail to the seller.

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 (fax or e-mail), whereby the receipt of the order confirmation by the customer is decisive, 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 their order.

If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives first occurs. If the seller does not accept the customer's offer within the aforementioned period, this is considered a rejection of the offer with the consequence that the customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, the payment processing is carried out by the payment service provider PayPal (Europe) S.à rl et Cie, S.CA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), the PayPal terms of use apply, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full?locale.x=en_DE or, if the customer does not have a PayPal account, the conditions for payments without a PayPal account apply, which can be viewed at https://www.paypal.com/uk/webapps/mpp/ua/privacywax-fullIf the customer pays using a payment method selectable during the online ordering process from PayPal, the seller hereby declares acceptance of the customer's offer at the time the customer clicks the button completing the ordering process.

2.5 If the customer chooses the payment method "Amazon Payments", the payment processing is carried out by the payment service provider Amazon Payments Europe S.CA, 38 Avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as "Amazon").

If the customer selects "Amazon Payments" as the payment method during the online ordering process, they simultaneously issue a payment order to Amazon by initiating the payment transaction by clicking the button that completes the ordering process. In this case, the seller declares acceptance of the customer's offer at the moment the customer triggers the payment transaction by clicking the button that completes the ordering process.

2.6 When submitting an offer via the seller's online order form, the contract text is stored by the seller after the contract is concluded and sent to the customer in text form (e.g., email, fax, or letter) after the order is sent. No further provision of the contract text by the seller takes place. If the customer has set up a user account in the seller's online shop before sending their order, the order data is archived on the seller's website and can be accessed by the customer free of charge via their password-protected user account using the corresponding login data.

2.7 Before bindingly submitting the order via the seller's online order form, the customer can detect possible input errors by carefully reading the information displayed on the screen. An effective technical means to better detect input errors can be the browser's zoom function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process as long as usual keyboard and mouse functions allow, until they click the button that completes the ordering process.
The customer can correct their entries at any time during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.

2.8 Only the German and English languages are available for concluding the contract.

2.9 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address provided by them for order processing is correct so that emails 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 or by third parties commissioned by the seller with order processing can be delivered.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's withdrawal instructions.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices indicated are total prices including statutory VAT. Any additional shipping costs will be specified separately in the respective product description.

4.2 Payment can be made using one of the payment methods specified in the seller's online shop.

4.3 If prepayment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.4 When selecting the payment method purchase on invoice, the purchase price becomes 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 invoice only up to a certain order value and to reject this payment method if the specified order value is exceeded. In this case, the seller will inform the customer of the corresponding payment restriction in their payment information in the online shop. The seller also reserves the right to conduct a credit check when selecting the payment method purchase on invoice and to reject this payment method in case of a negative credit check.

4.5 When selecting the payment method purchase on invoice, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 30 (thirty) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to offer the payment method purchase on invoice only up to a certain order value and to reject this payment method if the specified order value is exceeded. In this case, the seller will inform the customer of the corresponding payment restriction in their payment information in the online shop. The seller also reserves the right to conduct a credit check when selecting the payment method purchase on invoice and to reject this payment method in case of a negative credit check.

4.6 When selecting the payment method "PayPal Invoice," the seller assigns their payment claim to PayPal. Before accepting the seller's assignment declaration, PayPal conducts a credit check using the transmitted customer data. The seller reserves the right to refuse the payment method "PayPal Invoice" to the customer in case of a negative credit check result. If the payment method "PayPal Invoice" is approved by PayPal, the customer must pay the invoice amount to PayPal within 30 days of receiving the goods, unless PayPal specifies a different payment term. In this case, the customer can only make payments to PayPal with discharging effect. However, the seller remains responsible for general customer inquiries, e.g., about the goods, delivery time, shipping, returns, complaints, revocation declarations and submissions, or credit notes, even in the case of claim assignment. Additionally, the General Terms of Use for the payment method "Purchase on Invoice" from PayPal apply, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/ppkar-tnc?locale.x=en_DE.

4.7 If the payment method "PayPal Direct Debit" is selected, PayPal collects the invoice amount from the customer's bank account on behalf of the seller after granting a SEPA direct debit mandate, but not before the deadline for the advance notice has expired. Advance notice is any communication (e.g., invoice, policy, contract) to the customer announcing a debit by SEPA direct debit. If the direct debit is not honored due to insufficient account balance or due to the provision of incorrect bank details, or if the customer objects to the debit although he is not entitled to do so, the customer must bear the fees incurred by the respective credit institution due to the chargeback if he is responsible for this.

4.8 If a payment method offered via the payment service "PayPal" is selected, the payment processing is carried out by PayPal, whereby PayPal may also use the services of third-party payment service providers. If the seller also offers payment methods via PayPal where an advance service is provided to the customer (e.g., purchase on account or installment payment), he assigns his payment claim to PayPal or to the payment service provider commissioned by PayPal and expressly named to the customer. Before accepting the seller's assignment declaration, PayPal or the payment service provider commissioned by PayPal conducts a credit check using the transmitted customer data. The seller reserves the right to refuse the chosen payment method to the customer in case of a negative check result. If the chosen payment method is approved, the customer must pay the invoice amount within the agreed payment period or in the agreed payment intervals. In this case, he can only make payments to PayPal or to the payment service provider commissioned by PayPal with discharging effect. However, the seller remains responsible for general customer inquiries, e.g., regarding goods, delivery time, shipping, returns, complaints, revocation declarations and submissions, or credit notes, even in the case of assignment of claims.

4.9 If a payment method offered via the payment service "mollie" is selected, the payment processing is carried out by the payment service provider Mollie BV, Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter "mollie"). The individual payment methods offered via mollie are communicated to the customer in the seller's online shop. For the processing of payments, mollie may use additional payment services, for which special payment conditions may apply, about which the customer will be informed separately if necessary. Further information about "mollie" can be found on the internet at https://www.mollie.com/en/privacy

4.10 When selecting the payment method "Sofortüberweisung", the payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). To pay the invoice amount via "Sofortüberweisung", the customer must have an online banking account enabled for participation in "Sofortüberweisung", identify themselves accordingly during the payment process, and confirm the payment instruction to "SOFORT". The payment transaction is then carried out immediately and the customer's bank account is debited. Further information about the payment method "Sofortüberweisung" can be found by the customer at https://www.klarna.com/sofort/.

5) Shipping and delivery conditions

5.1 If the seller offers the shipment of the goods, delivery takes place within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. In processing the transaction, the delivery address specified in the seller's order processing is decisive. Deviating from this, if the payment method PayPal is selected, the delivery address stored by the customer at PayPal at the time of payment is decisive.

5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer bears the costs of the unsuccessful shipment. This does not apply to the costs of the initial shipment if the customer effectively exercises their right of withdrawal. This does not apply to the return shipping costs if the customer is not responsible for the circumstance that made delivery impossible or if they were temporarily prevented from accepting the offered service, unless the seller had announced the service to them within a reasonable time beforehand.

5.3 Self-collection is not possible for logistical reasons.

5.4 The provision of digital content to the customer is exclusively in electronic form as follows:

  • by download
  • by email
  • by direct access via the seller's website

5.5 Vouchers are provided to the customer as follows:

- by e-mail

5.6 License keys are provided to the customer as follows:

  • by download
  • by email
  • via display on the screen

5.7 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the non-delivery is not the seller's fault and the seller has concluded a specific cover transaction with the supplier with due diligence. The seller will make all reasonable efforts 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 immediately.

6) Granting of usage rights to license keys

6.1 The provided license key entitles the customer to use the software or content as described in the respective product description.

6.2 The granting of rights only becomes effective when the customer has fully paid the owed remuneration.

7) Granting of usage rights to digital content

7.1 Unless otherwise stated in the content description in the seller's online shop, the seller grants the customer a non-exclusive, unlimited in time and place right to use the provided content for private as well as professional purposes.

7.2 Passing on the content to third parties or making copies for third parties outside the terms and conditions is prohibited unless the seller has agreed to the transfer of the contractual license to third parties.

7.3 The granting of rights according to § 158 para. 1 BGB only becomes effective when the customer has fully paid the contractually agreed remuneration. The seller may provisionally permit the use of the contractual content before this time. Such provisional permission does not transfer the rights.

8) Retention of title

If the seller advances payment, they reserve ownership of the delivered goods until full payment of the owed purchase price.

9) Warranty

9.1 Unless otherwise specified, the provisions of statutory liability for defects apply. Deviating from this, the following applies to contracts for the delivery of goods:

9.2 If the customer acts as a merchant

  • the seller can choose the type of subsequent performance,
  • for new goods, the limitation period for defect claims is one year from delivery of the goods,
  • for used items, rights and claims due to defects are excluded,
  • the limitation period does not start anew if a replacement delivery is made within the scope of the warranty.

9.3 The aforementioned limitations of liability and shortening of limitation periods do not apply

  • for claims for damages and reimbursement of expenses of the client,
  • if the seller has fraudulently concealed the defect,
  • for items that have been used according to their usual manner of use for a building and have caused its defectiveness,
  • for any existing obligation of the seller to provide updates for digital products from contracts for the supply of goods with digital elements.

9.4 Furthermore, the statutory limitation periods for any statutory recourse claims remain unaffected for merchants.

9,5 If the customer is a merchant within the meaning of § 1 HGB, the commercial duty of inspection and complaint according to § 377 HGB applies. If the customer fails to fulfill the notification obligations regulated there, the goods are deemed approved.

9.6 If the customer acts as a consumer, they are requested to immediately report any transport damages to the carrier and inform the seller. Failure to do so has no effect on their statutory or contractual warranty claims.

10) Redemption of promotional vouchers

10.1 Vouchers issued free of charge by the seller as part of promotional campaigns with a specific validity period and which cannot be purchased by the customer (hereinafter "promotional vouchers") can only be redeemed in the seller's online shop and only within the specified period.

10.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotional voucher.

10.3 Only one promotional voucher can be redeemed per order.

10.4 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining balance will not be refunded by the seller.

10.5 If the value of the promotional voucher is insufficient to cover the order, the customer can choose one of the other payment methods offered by the seller to pay the difference.

10.6 The balance of the promotional voucher will neither be paid out in cash nor bear interest.

10.7 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.

10.8 The promotional voucher is transferable. The seller can fulfill the obligation by paying the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller is aware or grossly negligently unaware of the lack of authorization, incapacity, or lack of representation authority of the respective holder.

11) Redemption of gift vouchers

11.1 Vouchers that can be purchased through the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise specified on the voucher.

11.2 Gift vouchers and remaining balances of gift vouchers can be redeemed until the end of the third year after the year of purchase of the voucher. Remaining balances will be credited to the customer's voucher account.

11.3 Gift vouchers can only be redeemed before completing the ordering process. Subsequent crediting is not possible.

11.4 Only one gift voucher can be redeemed per order.

11.5 Gift vouchers can only be redeemed for the purchase of goods and not for the purchase of further gift vouchers.

11.6 If the value of the gift voucher is not sufficient to cover the order, the customer can choose one of the other payment methods offered by the seller to pay the difference.

11.7 The balance of a gift voucher will not be paid out in cash and does not bear interest.

11.8 The gift voucher is transferable. The seller can perform with discharging effect to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the lack of authorization, legal incapacity, or lack of power of representation of the respective holder.

12) Applicable Law

12.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.

12.2 This choice of law does not apply with regard to the statutory right of withdrawal for consumers who, at the time of concluding the contract, do not belong to a member state of the European Union and whose sole residence and delivery address at the time of concluding the contract are outside the European Union.

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 within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller's place of business. If the customer has its registered office 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. However, in the aforementioned cases, the seller is in any case entitled to bring an action before the court at the customer's place of business.

14) Code of Conduct

14.1 The seller meets the quality standards "EHI-certified online shop of the EHI Retail Institute GmbH", which can be viewed at http://www.shopinfo.net/haendler/kriterien/index.html.

14.2 The seller meets the quality standards of Trusted Shops, which can be viewed at www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf

15) Alternative Dispute Resolution

15.1 The EU Commission provides the following link to the ODR platform on its website: https://ec.europa.eu/consumers/odr.

This platform is intended to be a contact point for the out-of-court settlement of disputes arising from online purchase and service contracts concluded between consumers and entrepreneurs.

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