§ 1 Applicability
These General Terms and Conditions (GTC) apply to all contracts for the supply and licensing of software and other services provided by Andreas Spang – Xpert-Timer Software to businesses and consumers. Conflicting terms shall only be valid if confirmed in writing by Andreas Spang – Xpert-Timer Software.
§ 2 Offer
All offers are non-binding. Information based on errors by Andreas Spang – Xpert-Timer Software is not binding. Verbal agreements are only valid if confirmed in writing by Andreas Spang – Xpert-Timer Software. Stated prices are EUR prices unless otherwise indicated.
§ 3 Activation (Registration)
Activation is generally carried out within 48 hours of receipt of payment directly by Andreas Spang – Xpert-Timer Software. Activation is not associated with the delivery of a data carrier or programme data (unless expressly noted for the respective product). The customer receives only the information required to activate the respective software (licence code) by email.
§ 4 Use / Warranty
By requesting a licence, the customer acknowledges the terms of use. Unless otherwise agreed, use is exclusively for the customer.
For businesses, obvious defects must be reported immediately, but at the latest within two weeks of the software being made available. Other defects must be reported immediately upon discovery. A comprehensible description of the defect must be included in the notification.
In the event of a defect, Andreas Spang – Xpert-Timer Software initially has the obligation and the right to remedy the defect. Functional faults in the software will be remedied by installing an update.
The customer is responsible for checking before purchase whether the software is compatible with their hardware and software environment. The current system requirements are published on the website.
§ 5 Payment terms
Payment is made via the payment methods offered on the order page.
§ 6 Delivery
Delivery takes place after receipt of payment. The software is provided for download. The licence code is sent by email. Delivery times stated are approximate and non-binding.
§ 7 Cancellation policy (consumers only)
Right of withdrawal: Consumers have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract.
To exercise the right of withdrawal, you must inform us (Xpert-Timer Software, Simpert-Kramer-Str. 46, 87629 Füssen, Germany, email: service@xperttimer.de, phone: +49 (0) 8362 507 4900) of your decision to withdraw from this contract by a clear statement (e.g. a letter sent by post or an email).
Expiry of the right of withdrawal: The right of withdrawal expires prematurely in the case of contracts for the supply of digital content not on a tangible medium if performance has begun with the consumer's prior express consent and acknowledgement that they thereby lose their right of withdrawal.
§ 8 Liability
Andreas Spang – Xpert-Timer Software shall be liable without limitation only for intent and gross negligence, as well as for culpable injury to life, body or health. In the event of simple negligence, liability is limited to the typically foreseeable damage. Liability for loss of data is limited to the typical recovery costs that would have arisen if backup copies had been made regularly in accordance with the risk. Further claims for damages are excluded.
§ 9 Jurisdiction and applicable law
The law of the Federal Republic of Germany applies. The place of jurisdiction for all disputes arising from the contractual relationship is Füssen, Germany, insofar as the customer is a merchant, a legal entity under public law or a special fund under public law.
§ 10 Severability
Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.
