General terms and conditions
General terms and conditions with customer information
Table of contents
- Scope of application
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Provision of content
- Granting of rights of use
- Liability for defects
- Applicable law
- Alternative dispute resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of BESTSOFTWARE Ltd. (hereinafter "Entrepreneur"), shall apply to all contracts for the provision of data created and provided in digital form (Digital Content), which a consumer or entrepreneur (hereinafter "Customer") concludes with the Entrepreneur with respect to the Digital Content described by the Entrepreneur in its online store. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
1.3 Entrepreneur in the sense 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 his commercial or self-employed professional activity.
2) Conclusion of contract
2.1 The contents described in the online store of the entrepreneur do not represent binding offers on the part of the entrepreneur, but serve for the submission of a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated in the online store of the entrepreneur. In doing so, after placing the selected contents in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the contents contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Entrepreneur may 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), in which case the receipt of the order confirmation by the Customer shall be decisive, or
- by providing the customer with the ordered content, or
- by requesting payment from the customer after the customer has placed the order.
If several of the aforementioned alternatives exist, the contract shall be concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for the acceptance of the offer begins on the day after the sending of the offer by the customer and ends with the expiry of the fifth day following the sending of the offer. If the Entrepreneur does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by his declaration of intent.
2.4 When submitting an offer via the Entrepreneur's online order form, the text of the contract shall be stored by the Entrepreneur after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The Entrepreneur shall not make the text of the contract accessible beyond this.
2.5 Before bindingly submitting the order via the Entrepreneur's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.6 Only the German language is available for the conclusion of the contract.
2.7 The order processing and contacting usually take place via e-mail and automated order processing. The customer has to make sure that the e-mail address given by him for order processing is correct, so that e-mails sent by the entrepreneur can be received under this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Entrepreneur or by third parties commissioned by the Entrepreneur to process the order can be delivered.
3) Right of revocation
Consumers are generally entitled to a right of withdrawal. Further information on the right of revocation can be found in the entrepreneur's revocation instructions.
4) Prices and terms of payment
4.1 The prices stated by the entrepreneur are total prices and include the statutory value added tax.
4.2 The payment options are indicated in the online store of the entrepreneur.
5) Provision of content
Digital content is provided to the customer as follows:
6) Granting of rights of use
6.1 Unless otherwise stated in the DeepL description in the Entrepreneur's online store, the Entrepreneur grants the Customer the non-exclusive right, unlimited in time and place, to use the content provided for private as well as commercial purposes.
6.2 A transfer of the contents to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted, unless the entrepreneur has agreed to a transfer of the contractual license to the third party.
6.3 Insofar as the contract relates to the one-time provision of digital content, the granting of rights shall only become effective when the Customer has paid the contractually owed remuneration in full. The Contractor may also provisionally permit the use of the contractual content prior to this point in time. Such provisional permission shall not constitute a transfer of rights.
7) Liability for defects
The statutory liability for defects shall apply.
8) Applicable Law
If the Licensee is acting 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 Licensor's registered office. If the Licensee has its registered office outside the territory of the Federal Republic of Germany, the Licensor's registered office shall be the exclusive place of jurisdiction for all disputes arising from this Agreement if the Agreement or claims arising from the Agreement can be attributed to the Licensee's professional or commercial activity. In the above cases, however, the Licensor shall in any case be entitled to apply to the court at the Licensee's place of business.
9) Alternative Dispute Resolution
9.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
9.2 The entrepreneur is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.