General Terms and Conditions for the Sale of Digital Goods on softwarelicenses.net
In this document the following words shall have the following meanings:
1.1 “Buyer” means the person who buys Goods from the Seller;
1.2 “Goods” means the articles to be supplied to the Buyer by the Seller;
1.3 “List Price” means the list of prices of the Goods maintained by the Seller as amended from time to time;
2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties.
2.2 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3. PRICE AND PAYMENT
3.1 The price shall be that displayed on the Seller’s website https://softwarelicenses.net, or such other price as the parties may agree in writing. The price is inclusive of german VAT.
3.2 Payment of the price due immediately and the goods will be delivered instantly as soon as receipt of the payment is confirmed.
4.1 Unless otherwise agreed in writing, delivery of the Goods shall take place to the e-mail address specified by the Buyer immediately after receiving confirmation of the payment either through a payment processing platform or a confirmation provided by the buyer.
4.2 If the Seller is unable to deliver the Goods for reasons beyond its control, he will notify the buyer immediately and inform of an estimated time and date of delivery. The buyer may withdraw from the contract if the proposed delivery date is not acceptable, according to his right of withdrawal.
5.1 No liability of any nature shall be incurred or accepted by the Seller in respect of any representation made by the Seller, or on its behalf, to the Buyer, or to any party acting on its behalf, prior to the making of this contract where such representations were made or given in relation to:
5.1.1 the correspondence of the Goods with any description;
5.1.2 the quality of the Goods; or
5.1.3 the fitness of the Goods for any purpose whatsoever.
5.2 No liability of any nature shall be accepted by the Seller to the Buyer in respect of any express term of this contract where such term relates in any way to:
5.2.1 the correspondence of the Goods with any description;
5.2.2 the quality of the Goods; or
5.2.3 the fitness of the Goods for any purpose whatsoever.
6. FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or outage of electrical or internet services, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.
7. RELATIONSHIP OF PARTIES
Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.
8. ASSIGNMENT AND SUB-CONTRACTING
The contract between the Buyer and Seller for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Buyer, without the prior written consent of the Seller.
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
10. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of Germany and the parties hereby submit to the exclusive jurisdiction of the courts in Berlin.