General Terms and Conditions of linguatec GmbH, Munich
These Terms and Conditions shall apply to all business transactions between a buyer and linguatec GmbH in Munich (for short: Linguatec), unless Linguatec has expressly agreed other terms and conditions with the buyer in writing. By submitting an order, the buyer accepts these General Terms and Conditions.
2. Offers and contract conclusion
The offers in the Linguatec online shop are intended for end users, are non-binding and are subject to confirmation. Linguatec expressly reserves the right to implement changes in terms of realization and design and to implement technical improvements. The purchase contract shall come into effect on delivery of the ordered goods. If part of the ordered goods cannot be delivered, the contract shall remain valid for the delivered part of the order. In the case of orders involving a high goods value, Linguatec reserves the right to request payment before delivery and not by invoice.
3. Software license and copyright
The buyer shall be granted a software license to use the delivered software program on one computer of his choice only. If the program is used on more computers or simultaneously by several people in a network, additional licenses must be acquired for each additional use.
The licensee is not entitled to change, resell, lease or make the delivered software available to third parties in any other way. The software and its associated documentation are subject to copyright protection. The software or documentation may not be reproduced, except for purposes of personal archiving or to create a back-up copy.
4. Right of Withdrawal
If the customer is an end-consumer as defined by Article 13 of the German Civil Code, then the right of withdrawal shall apply. He can withdraw from the contract within fourteen days without giving reasons. Software may not be returned if the seal or packaging has been opened or damaged. The same shall apply for downloads. The right of withdrawal does not apply when the software has already been installed and activated.
5. Warranty and liability
Linguatec guarantees that the data carriers are free from material and processing defects. Linguatec does not assume any liability for incorrectly transferred data, data loss or any damages resulting from the use of the data carriers ceded by Linguatec. This limitation of liability shall not apply if liability is caused by intention or gross negligence.
The period of warranty shall be two years in the case of purchase by a consumer, otherwise one year. The choice between removal of defects and replacement delivery shall be at the vendor’s discretion. If the latter in turn proves to contain errors, the buyer can – after a reasonable period of grace – demand a price reduction or withdraw from the purchase.
Subject to general availability, Linguatec shall deliver the goods as quickly as possible. Delivery dates and deadlines indicated by Linguatec are not binding. Compensation or other claims resulting from any possible delay in delivery are excluded.
7. Prices and payment
The prices indicated in the online shop include the current legal rate of value added tax, but not any possible delivery charges. Delivery charges are calculated solely according to the prices for domestic and foreign orders indicated in the Linguatec online shop.
8. Retention of title
The delivery goods shall remain the property of Linguatec until full payment has been received.
9. Final provisions and place of jurisdiction
If one or more of these provisions become ineffective, the remaining provisions shall remain valid. In this case, the parties are obliged to replace the ineffective provision with an effective provision that approximates the economic purpose of the ineffective provision as closely as possible.
Place of jurisdiction and place of performance for traders or bodies governed by public law is Munich. German law shall apply.