Terms and Conditions
ASCOMP Software GmbH
Fueller street 2/2
- Hereinafter Provider
§ 1 Validity of Service
(1) The services of the provider for the goods and services offered at www.ascomp.de are provided exclusively on the basis of the following terms and conditions which are in force at the time the order is placed.
(2) Our general terms and conditions shall apply exclusively. Contradictions of our Terms and Conditions by the customer shall be invalid unless their validity is expressly agreed upon.
§ 2 Conclusion of Contract
(1) Our offers via the Internet are non-committal solicitations for the customer to enter into a contract. By placing an order on our website, the customer makes a binding offer to conclude a contract.
(2) We may accept this offer within five working days by sending an acknowledgment of receipt by e-mail; by delivery of the goods or by providing downloadable data. The offer may be considered as rejected after an expired period of non-productivity. If the customer places the order via the Internet, the provider shall immediately thereupon confirm the order electronically.
§ 3 Payment, Default
(1) The prices listed on our website are valid at the time the order is made. Listed prices are the final prices including all taxes and expenses including cost for shipping.
(2) Payment for the order can be made through bank transfer to the listed account of the seller or through PayPal and Moneybookers.
(3) If the customer is in default of payment, we are entitled to charge default interest at a rate of 5 percentage points above the base rate of the European Central Bank. In the event that we cause a greater damage through delay, the customer has the right to show that the alleged damage caused by delay did not arise or stands at least at a significantly lower amount.
§ 4 Retention of Title 4 / Transfer of Rights
(1) We shall retain entitlement to the delivered goods until full payment of their cost price is made.
(2) The transfer of rights is subject to the full payment of the agreed remuneration.
§ 5 Downloads and Delivery
(1) Access to the software shall be provided via e-mail. The customer is responsible for the correct specification of email address which is necessary for issuing the download link.
(2) The assurance of access data is the responsibility of the customer. The access information will be kept confidential. The disclosure of the access information to third parties is prohibited.
(3) After the successful download of the software, the provider shall make the software available for a period of 24 months. The number of downloads is unlimited.
(4) The delivery of software that cannot be downloaded shall be corrected within 5 days from receipt of order and 5 days after receipt, in cases of payment through cash advances. We shall make reference to possible differ in delivery on the relevant product page. The beginning of our quoted time of delivery depends on the timely and proper fulfillment of the obligations of the customer, especially the correct specification of the delivery address in the order.
(5) If the provider, without any fault of his own, is unable to deliver the ordered goods as the deliverer of supplies has not fulfilled its contractual obligations, the customer will be informed immediately that the ordered product is not available. Payments already made by the contractor will be reimbursed immediately. The statutory rights of the customer are not affected.
§ 6 Default Acceptance
(1) If the customer is in default of acceptance or if he willfully violates other obligations to cooperate, we shall reserve the right to claim damages including any additional expenses. Further claims are reserved.
(2) The purchase price shall incur interest during the delay. The rate of default is five percentage points per annum above the base rate. In legal transactions among businesses the interest rate lies at eight percentage points above the base rate.
(3) The customer shall reserve the right to prove damages in the requested amount, or at least substantially lower. The risk of accidental loss or accidental deterioration of the goods is that of the customer during the time of his default in acceptance or payment.
§ 7 Warranty
(1) In case of a defect, the customer may choose whether the supplementary performance should be the reparation or replacement of the goods. However, we reserve the right to refuse the type of supplementary performance chosen by the customer, only if it is at a disproportionate cost and the other forms of supplementary performance poses no significant disadvantage to the customer.
(2) If these fail or if we have refused the supplementary performance, the customer can claim a reduction of the purchase price (reduction) or withdraw from the contract. Potential damage claims by the customer are not affected.
(3) The provider shall not be liable to ensure that the program functions to the specific requirements of the customers, or that it works with the specific configuration components of the customer. This does not apply if a corresponding functionality or compatibility was assured.
(4) If the customer is a company, the following shall apply to the warranty claim of the customer as an agreement according to § 14 German Civil Code: Obvious defects must be reported without delay to the provider, within 14 calendar days after the delivery of the goods. Concealed defects must also be reported in writing without delay, within 14 calendar days after its discovery. If the defect is not duly reported, the legal rights of the customer are ruled out based on the untimely report of the defect. However, this does not apply if the provider fraudulently concealed the defect and / or has taken an appropriate guarantee. Warranty expires - except in the case of claims for damages - within one year after delivery of the goods to the company.
§ 8 Usage Rights
(1) Permission to operate and use the contractual software is governed by the license agreement accompanying the software respectively.
(2) Where there are no specific terms for licensing, the user is issued a simple, non-transferable right to use the software. This includes permission to store copies of purchased software on computers and reading devices and use them for their own purposes. It is expressly prohibited to change the file or any part thereof or to edit and make copies available outside the limits of copyright.
(3) Specially acclaimed reseller licenses are not governed by this rule.
§ 9 Cost of Return Upon Cancellation
The customer shall bear the regular cost for returning the goods if the delivered goods are in accord with the order and if the price for the returned goods does not exceed 40.00 Euro, or if he/she has not yet made payment at an increased cost of the goods at time or a contractually agreed partial payment. Otherwise the return is free of cost to the customer.
§ 10 Limitation of Liability
(1) In case of slight negligent breach of obligations, the liability of the provider and our subcontractors is limited to predictable, contract type, immediate average damage, according to the nature of the product. Neither we nor our subcontractors are liable in cases of slightly negligent breaches of non-essential obligations, in breaches that do not compromise the validity of the contract.
(2) The provider is not liable for the functionality of the phone lines between the customers and the server, in case of power outages or failures of servers that are beyond the control of the provider.
(3) The above limitations shall not apply to claims arising from product liability or warranty and claims due to damages to the body and health, and loss of life.
§ 11 Data Protection
We shall treat your personal data confidentially and in accordance with the legal data protection regulations. Disclosure of your information without your express consent is not or only partly necessary for completion of the contract, such as entrusted to the persons responsible for the delivery of the goods.
§ 12 Governing Law, Jurisdiction
(1) The applicable law is the law of the Federal Republic of Germany, excluding the CISG, so far as this law does not lead to a consumer being deprived, thereby overriding the consumer protection regulations.
(2) If the contract parties are merchants, the court at our headquarters in Gerlingen holds this responsibility, so far as the dispute is not exclusive to any jurisdiction. This shall also apply if the customer does not reside within the European Union.
§ 13 Final Clause
Insofar as any provision of this agreement is invalid or unenforceable, the remaining provisions shall remain unaffected.