Terms and conditions

The following general terms and conditions (GTC) regulate the use and use of the shop offer at klp-soft.com (hereinafter referred to as “shop”). Contractual partner and service provider (hereinafter referred to as “seller”):

klp-soft
Bahnhofstrasse 84
85241 Hebertshausen
Germany
 +49 (0)8131 / 7799762
 shop(at)klp-soft.com

The seller performs its services on the basis of the general terms and conditions in the version valid at the time the contract is concluded. All offers in the shop are subject to change without notice. Consumers within the meaning of §13 BGB are accepted as customers in the shop – i.e. any natural person who concludes a legal transaction for a purpose that is not attributed to their commercial or independent professional activity.

 

§ 1 General / Description of the service

The customer can purchase digital software downloads as a file via the shop (hereinafter referred to as “products”). The products can be selected by the customer in the shop, added to the shopping cart and then bought. The products are only available for download. The purchased products can be executed on the specified operating systems; the seller does not guarantee compatibility. The following general terms and conditions apply to the entire business relationship with the customer. The customer recognizes them as binding for this contract. The customer agrees to electronic communication for contractual purposes, e.g. in the form of e-mails to be received from us and the customer also agrees that the form for all consents and notifications is preserved through electronic communication, unless mandatory legal regulations stipulate another form. The customer waives the assertion of his own purchase conditions. These will not become part of the contract through our silence or through our delivery. All correspondence with us must be processed via the address given in the legal notice of the homepage.

 

§ 2 Conclusion of the contract
The representations on our website are to be understood as an invitation to submit offers by placing an order. H. the order is the offer to us to buy the selected item or items from us. A purchase contract is only concluded when we expressly accept such an offer from the customer. Detailed information on the ordering process can be found under My Account / Orders. By clicking the button “Order with payment” in the last step of the ordering process, the customer makes a binding offer to purchase the products in the shopping cart for download. The seller confirms the receipt of the order to the customer only by email to the address specified or stored in the customer account. The payment process can be carried out either via PayPal or prepayment / transfer. The terms and conditions of the respective provider apply to the services of external payment service providers, which can be found on the homepage of the respective provider. The prerequisite for a successful purchase is the correct entry of the data requested by the customer. The customer completes the payment by clicking on the “Pay now” (or equivalent) button on the website of the payment service provider after registration or the entry of his personal data. After successful payment, the customer is returned to the shop, where the purchased products can be downloaded in the customer account under “My account / digital goods”. With the payment method prepayment / bank transfer, the activation takes place manually after receipt of payment. After successful payment, the customer is immediately sent an email confirmation to the specified email address and the download is made available in the customer account. By making the ordered products available for download, the seller accepts the customer’s offer and the purchase contract is concluded. The sales contract is considered fulfilled by the seller as soon as the product has been successfully downloaded for the first time.

 

§ 3 Prices, due date and payment, default
Our prices are in euros (€ / EUR), the prices stated in the shop are final prices, VAT is included in the price. The purchase price is due immediately. The payment options PayPal and prepayment / bank transfer are free and free of charge. A purchase on account is not possible. The goods will only be delivered after payment. The timeliness of the payment is not the dispatch, but the date of receipt of the payment by us or the crediting of the payment to the paying agent specified by us.

 

§ 4 Shipping
The articles are only delivered as a download by email, there are no shipping costs.
We ship to Germany and Austria, as well as to Switzerland, Liechtenstein, Luxembourg, and the countries listed in the checkout within the EU.

If you order from another country, your order will be canceled and the money will be returned to you.

 

§ 5 Cancellation
The buyer has a statutory right of withdrawal according to § 312g BGB to if he is a consumer, since the purchase of goods on the Internet, as in the present case, is a so-called distance contract. With regard to the right of cancellation and its consequences, a separate cancellation policy will be issued and transmitted in text form when the order is completed.

Expiry of the right of withdrawal
In the case of contracts for digital content / goods that are not delivered on a physical data carrier (such as downloads), the right of withdrawal expires as soon as the seller has started executing the contract after the buyer has expressly agreed that the seller can the execution of the contract begins before the expiry of the cancellation period, and the buyer has confirmed his knowledge that his consent loses his right of cancellation with the start of the execution of the contract. The consent to the beginning and confirmation of knowledge by the buyer is given at the end of the ordering process (check the box) before the order is sent to the seller. If your payment is canceled unexpectedly by the payment service provider and you have already received the goods, we will immediately block the delivered license keys.

 

§ 6 Rights of use
The licensing and usage rights such as copyright, reproduction, etc. of the manufacturer apply for the respective product purchased.

 

§ 7 Retention of title
Delivered products remain our property until full payment. Insurance and damage claims that the buyer acquires due to loss or damage to the products are hereby assigned to us. If the buyer is in default, he has to grant us access to the products in his possession at our request, send us an exact list of the products, return the products to us and delete and destroy them.

 

§ 8 Legal responsibility
Insofar as the customer uses the shop’s services using access data, the customer is responsible for storing them securely and against access by third parties and is liable for all actions performed with their access data (including remuneration). If the customer suspects that unauthorized third parties have become aware of this, the personal password must be changed immediately and the seller must be informed. The customer undertakes not to use a collective email address used by several users. The customer is directly and directly liable for violations of third party rights for which he is responsible. In the event of justified claims by third parties, the customer is obliged to indemnify the seller unless he can prove that he is not responsible for the breach of duty that caused the damage. In the event of intent or gross negligence, the seller is fully liable for all damage attributable to this. Insofar as the attributable breach of duty by the seller is due to simple negligence and a material contractual obligation has been culpably violated, the seller’s liability is limited to the typical, comparable damage that occurs in comparable cases. For data loss for which the shop is responsible or consequential damage caused by a defect, the seller is only liable for damage that can be attributed to data lost until the last time the customer backed up the data, or until the previous time at which the data backup would have been carried out. Liability for all damage, in particular data loss and hardware defects at the customer, which are caused by incompatibility of the hardware and software used by the customer with the shop system of the seller and for system faults caused by previously existing configuration errors or old, unusable, not completely removed drivers , Data or data fragments caused is excluded.

 

§ 9 Blocking
The seller reserves the right to block the customer account in the event of misuse, breach of contractual obligations and obligations, as well as delayed payment and not to allow new registration.
Furthermore, we will immediately have the license keys sent that are affected by the abuse deactivated.

 

§ 10 Right of withdrawal
We can withdraw from the contract if it turns out after the conclusion of the contract that we have given prices that are below our actual purchase prices and we are not responsible for this fact because incorrect information has led to this. We can also withdraw from the contract if, after the conclusion of the contract, it turns out that we have quoted prices for which we are not responsible because software errors have led to this. Our rights of contestation due to error remain unaffected by the right of withdrawal described above. In the event of the aforementioned circumstances, the customer will be informed immediately and purchase prices paid will be reimbursed immediately.

 

§ 11 Liability for defects
The buyer is entitled to legal claims from the Civil Code with regard to defects in the purchased item. If there is a defect in the purchased item, the purchaser can first request supplementary performance = the delivery of a non-defective purchased item. The defective goods first delivered must be documented by the buyer and reported to the seller in writing (e.g. by email). If the subsequent performance fails, the customer can either reduce the purchase price according to the defect or withdraw entirely from the contract. If the delivered product has obvious material defects, the buyer must report these defects to us at the latest within fourteen days after receipt of the product, stating the errors and with reference to the order number. The decisive time for compliance with this notice period is not the receipt by us, but the postmark or the date of dispatch of the notice of defects. A deficiency is always evident when it is noticed without special attention. The late notification of such obvious defects leads to the loss of warranty rights with regard to such defects. However, the statutory limitation periods apply to non-obvious defects. If the buyer is a merchant i.S.d. HGB remains unaffected by the special obligation to give notice of defects in commercial transactions in accordance with sections 377, 378 HGB.

 

§ 12 Retention and set-off
The buyer can only exercise a right of retention if it is based on the same contractual relationship. He is only entitled to offset if we do not contest the counterclaim or it has been legally established. If the buyer is a merchant i.S.d. HGB, his rights of retention are excluded.

 

§ 13 Foreign business
All agreements with us are subject to German law. The provisions of the United Nations Convention on International Sales Contracts do not apply.

 

§ 14 efficacy
The ineffectiveness of one or more clauses of these general terms and conditions does not affect the validity of the rest of the contract. The legal regulations take the place of the ineffective regulation.

 

§ 15 Place of performance, place of jurisdiction
For all rights and obligations from the business relationship, the place of performance is determined according to the legal regulations. If the customer is a merchant i.S.d. HGB, the exclusive jurisdiction of the court at our registered office is agreed for all disputes arising from the contract. Our right to assert our claims at another place of jurisdiction remains unaffected by merchants. We can also assert our claims before the court at our registered office against a customer who is not a businessman if he does not have a general place of jurisdiction in the Federal Republic of Germany or if he or she relocates or habitually resides from this area after the contract has been concluded Residence or habitual residence is not known at the time the claim is made in court.

 

§ 16 Privacy
Information on the type and scope, location and purpose of the collection, processing and use of the personal data required for the execution of orders can be found in the Privacy statement

 

§ 17 Information online dispute resolution (Art. 14 Abs. 1 ODR-VO)
The European Commission’s online dispute resolution platform is available at https://ec.europa.eu/consumers/odr  
We are neither willing nor obliged to participate in arbitration proceedings before a consumer arbitration board.