1. Scope
1.1. These General Terms and Conditions (GTC) of Sergio Retta von Borries, (trading under “Digilicenses”) apply to all contracts concluded via our website at digilicenses.com.
1.2. Customers are both entrepreneurs and consumers.
1.3. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
1.4. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.5. The inclusion of the customer’s own conditions is rejected unless something else has been agreed upon.
2. Subject of the contract, license of use
2.1. The subject of the contract is the sale of software products for download (digital content). The details, in particular the essential features of the respective software, can be found in the item description and the additional information on the Digilicenses website.
2.2. The software offered is protected by copyright. The customer receives a simple usage license for each software product purchased unless otherwise stated in the respective item description on our website.
3. Registration and User Account
3.1. For the Customer to purchase software from Digilicenses, the Customer must provide a valid email address. Registration in the online shop is possible but not mandatory.
3.2. By registering as a user/customer on Digilicenses, you agree to receive regular emails from Digilicenses about product news and special offers. This consent also includes requests to evaluate the shop or the products, e.g. B. Trustpilot. Your data will not be transmitted to third parties. You can object to this consent in writing at any time.
4. Formation of the contract for download products
4.1. In the case of software products that are made available to the customer exclusively via download, Digilicenses already makes a binding offer to conclude a purchase contract on the terms specified in the product description when the respective item is published on its website.
4.2. Sales contracts and contracts are concluded via the Digilicenses online shop as follows: The products intended for purchase are placed in the “shopping cart”. The customer can use the corresponding “shopping cart” button to access it and make changes there at any time. After calling up the “Checkout” page and entering your personal data (or logging in for existing customers) and the terms of payment, all order data are then displayed again on the order overview page.
Before sending the order, the customer has the opportunity to check all the information there again, change it, or cancel the purchase.
By submitting the order using the “buy now” button, the customer declares his acceptance of the offer in a legally binding manner, which means that the purchase contract is concluded immediately.
4.3. The order processing and transmission of all information required in connection with the conclusion of the contract is usually automated by e-mail. The customer must therefore ensure that the e-mail address stored with Digilicenses is correct, that the receipt of the e-mails is technically ensured, and, in particular, that it is not prevented by junk mail filters.
5. Prices, terms of payment, and shipping
5.1. The prices stated on the article pages are final prices. They include the statutory VAT, all other price components, and the shipping costs expressly stated on the item page. Promotional offers on Digilicenses may be limited in time or quantity. Details can then be found in the respective product description.
5.2. The purchase price is due immediately upon receipt of the order confirmation. When ordering software, the customer can choose whether to pay by credit card or via PayPal.
5.3. Payment is therefore always made via external payment service providers. For payment processing, the customer is forwarded to the respective page of the selected payment service provider. Depending on the provider, payment may require setting up a user account. For more information, please refer to the terms of use of the individual providers. If the customer subsequently reverses the payment to the payment service provider despite the continued payment obligation, he must reimburse Digilicenses for the processing and cancellation fees incurred by these institutes.
5.4. In the case of software downloads, there are no online fees or only the respective internet connection fees to be borne by the customer.
6. Retention of Ownership
6.1. All goods remain the property of Digilicenses until full payment has been made.
6.2. No pledging, assignment by way of security, processing, or transformation before the transfer of title is permitted without the consent of Digilicenses.
7. Warranty
7.1. In the event of a defect, the statutory warranty provisions apply as well as any further provisions that are listed on our website under “Warranty Policy”.
8. Liability
8.1. Compensation for breach of an obligation arising from the contractual relationship is to be paid under the statutory requirements.
8.2. Digilicenses have unlimited liability if the damage was caused intentionally or through gross negligence. Furthermore, Digilicenses is liable for the slightly negligent breach of essential obligations, the breach of which jeopardizes the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which enables the proper execution of the contract and on the observance of which the customer regularly relies on. In this case, however, Digilicenses is only liable for the foreseeable, contractual damage.
8.3. Digilicenses is not liable for the slightly negligent breach of obligations other than those specified in the two preceding paragraphs.
8.4. The above limitations of liability do not apply in the event of injury to life, limb, or health. The liability under the Product Liability Act remains unaffected.
8.5. All orders for products are subject to their availability; in the event of delivery difficulties or if a product is no longer stocked, Digilicenses reserves the right to provide a full refund of the purchase price for the product. The amount paid will be refunded in the same manner as paid to Digilicenses.
9. Miscellaneous: Jurisdiction
9.1. German law applies without the reference standards of international private law and to the exclusion of the UN sales law. In business transactions with consumers domiciled in the European Union, the law of the consumer’s domicile may exceptionally also be applicable if mandatory consumer protection provisions are involved.
9.2. The place of jurisdiction in business transactions with merchants, legal entities under public law, or special funds under public law for all legal disputes in connection with the concluded contract is the registered office of Digilicenses. In this case, court proceedings can alternatively be carried out at the customer’s registered office or another legal place of jurisdiction at Digilicenses’ discretion.
9.3. Should a provision of these General Terms and Conditions be ineffective, the rest of the contract shall remain effective. The relevant statutory provisions shall apply in place of the ineffective provision.
9.4. Contract language is English.
10. Cancellation, returns, and refunds
The right of withdrawal according to German law applies. Our cancellation policy can be viewed on our website under “Returns and Refunds Policy”.
