General Terms and Conditions (including information for customers)

1. Applicability

1.1. The business relationship between Ashraf Mohamed, Ernestgrün 28, 95698 Bad Neualbenreuth, Germany (hereinafter “the vendor”) and the customer (hereinafter “the customer”) is exclusively governed by the following General Terms and Conditions in the version valid at the time of order placement.

1.2. A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for a purpose that can predominantly be attributed neither to their commercial nor to their independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

1.3. Deviating terms and conditions of the customer shall not be recognized unless the vendor expressly agrees to their validity.

2. Offers, service descriptions

2.1. The display of products in the online shop is an invitation to place an order and not a legally binding offer. Service descriptions in catalogues or on the vendor’s websites are not a promise or a guarantee.

2.2. All offers are valid “as long as stocks last” unless otherwise stated. Errors excepted.

3. Order process, conclusion of the contract

3.1. The customer may select products from the vendor’s range without obligation and gather them in a so-called “cart” using the “Add to cart” button. The selection can be changed within the cart, e.g. by removing a product. The customer can then proceed to the final step of the order process using the “Proceed to checkout” button.

3.2. By clicking the “Order with obligation to pay” button, the customer makes a binding request to buy the goods in the cart. Prior to submitting the order, the customer can view and amend the data at any time and can use the browser’s “Back” function to return to the cart or abort the order process. Required entries are marked with an asterisk (*).

3.3. The vendor then sends the customer an automatic confirmation of receipt by email restating the order (order confirmation). This automatic confirmation only documents that the order has been received and does not constitute acceptance. A binding purchase contract is only concluded once the vendor makes the ordered product available within 2 days or confirms provision within 2 days by a second email, an express order confirmation or by sending an invoice. Acceptance may also occur through a payment request and, at the latest, through completion of the payment process. If the vendor does not accept the customer’s offer within the acceptance period, no contract is concluded and the customer is no longer bound by their offer.

3.4. For customers who are companies, the aforementioned period for provision or order confirmation is seven days instead of two.

3.5. If the vendor offers advance payment, the contract is concluded upon provision of the bank details and the payment request. If payment is not received within 10 calendar days of the order confirmation despite a reminder, the vendor withdraws from the contract, the order becomes void, and the vendor is released from any obligation to perform.

4. Prices

4.1. All prices indicated on the vendor’s website are final prices in euros. The vendor is a small business within the meaning of Section 19 of the German VAT Act (Kleinunternehmer, § 19 UStG) and therefore does not charge value-added tax; VAT is accordingly not shown.

4.2. The products offered are digital content (downloadable software and licences). No shipping or delivery costs are charged.

5. Provision of digital content

5.1. The vendor offers exclusively digital content that is not supplied on a physical medium (software add-ins, downloads and licence keys). No physical goods are shipped.

5.2. Provision takes place without undue delay after conclusion of the contract — in the case of advance payment, without undue delay after full receipt of payment — by enabling the download in the customer account and/or by sending a licence key or download link to the email address provided by the customer.

5.3. Use of the digital content is subject to the technical requirements stated in the respective product description (e.g. an active internet connection for activation). The vendor may exclude provision to countries to which export is not permitted for legal reasons (e.g. export-control or sanctions rules).

5.4. The vendor is not responsible, vis-à-vis customers who are entrepreneurs, for delays in performance due to force majeure or unforeseeable events that make performance significantly more difficult or impossible, even where deadlines were bindingly agreed. In such cases the vendor may postpone performance by the duration of the impediment plus a reasonable start-up period. If the delay is unreasonable for the customer, the customer may withdraw from the contract by written declaration after setting a reasonable period.

6. Terms of payment

6.1. The customer may select one of the available payment types before completing the order. Customers are informed about available payment types on a separate webpage.

6.2. If third-party providers are used to process payment (e.g. PayPal), their general terms and conditions apply.

6.3. If the due date for payment is defined by the calendar, the customer is in arrears as soon as they miss that date and is liable for statutory interest on arrears.

6.4. The customer’s obligation to pay interest on arrears does not preclude the enforcement of other claims for delay-related damages by the vendor.

6.5. The customer may only set off claims if their counterclaims have been finally adjudicated, are undisputed, or acknowledged by the vendor. A right of retention may only be exercised insofar as the claims arise from the same contractual relationship.

7. Usage rights to digital content

7.1. Upon full payment, the vendor grants the customer a non-exclusive, non-transferable right to use the acquired digital content in accordance with the respective product and licence terms. The scope of the licence (in particular term and number of workstations) results from the respective product description.

7.2. A “Lifetime” licence entitles the customer to permanent use of the version current at the time of purchase and includes free updates for one year from purchase. Time-limited (“Yearly”) licences entitle use for the stated term.

7.3. Until full payment has been made, use is not permitted; a licence key that has already been sent may not be used until then.

7.4. Passing the digital content to third parties, reproducing it beyond contractual use, or making it publicly available is not permitted without the vendor’s consent.

8. Customer account

8.1. The vendor provides customers with a customer account containing information about their orders and their stored customer data. The information stored in the customer account is not public.

8.2. Customers can also place an order as a guest without having to create a customer account.

8.3. Customers are obliged to provide truthful information and to keep it up to date where necessary (e.g. a changed email address). Customers are responsible for any disadvantages arising from incorrect information.

8.4. The customer account may only be used in accordance with the applicable law and these GTC via the access screens provided. Any other use, in particular by external software such as bots or crawlers, is prohibited.

8.5. Customers may terminate the customer account at any time. The vendor may terminate the account at any time with a reasonable notice period, usually two weeks, and reserves the right of termination for extraordinary reasons.

8.6. From the moment of termination, the customer account and the information stored in it are no longer available. It is the customer’s responsibility to back up their data upon termination.

9. Product warranty and guarantee

9.1. The warranty (liability for defects) is determined by statutory provisions, including the special provisions for digital products (§§ 327 et seq. German Civil Code / BGB), subject to the following.

9.2. The products supplied are only subject to a guarantee if one was expressly given. Customers are informed of any guarantee terms before the order process begins.

9.3. If the customer is an entrepreneur, material defects become statute-barred one year after provision, unless longer periods are mandatory by law.

10. Liability

10.1. The following exclusions and restrictions of liability apply to the vendor’s liability for compensation, irrespective of other statutory criteria.

10.2. The vendor is liable without restriction where damage was caused by wilful intent or gross negligence.

10.3. The vendor is also liable for slightly negligent breach of essential obligations whose breach jeopardises the achievement of the contractual purpose, or of obligations whose fulfilment makes the proper performance of the contract possible in the first place and on which the customer regularly relies. In this case, however, the vendor is liable only for foreseeable damage typical of the contract. The vendor is not liable for the slightly negligent breach of obligations other than those stated above.

10.4. The above restrictions do not apply to injury to life, limb or health, to a defect after assumption of a guarantee as to the nature of the product, or to fraudulently concealed defects. Liability under the German Product Liability Act remains unaffected.

10.5. Insofar as the vendor’s liability is excluded or restricted, this also applies to the personal liability of employees, representatives and agents.

11. Storage of the contract itself

11.1. The customer can print the contract before submitting the order using their browser’s print function in the last step of the order process.

11.2. The vendor also sends the customer an order confirmation containing all order data to the email address provided. Together with the order confirmation, and no later than upon provision of the digital content, customers who are consumers also receive a copy of these GTC including the cancellation policy. If customers have created a customer account, they can view their orders in their profile area. The vendor also stores the contract text but does not make it publicly accessible on the internet.

12. Closing remarks

12.1. If the buyer is an entrepreneur, subject to other agreements or mandatory statutory provisions, the place of performance is the vendor’s seat; the place of jurisdiction is the vendor’s seat if the customer is a merchant, a legal entity under public law, or a special fund under public law. The vendor’s right to choose another admissible place of jurisdiction is reserved.

12.2. The law of the Federal Republic of Germany applies, excluding UN sales law, unless mandatory statutory provisions conflict.

12.3. The language of the contract is German. This German-language version prevails; any English translation is for information only.

12.4. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/.