Terms and conditions
|§ 1.1||Digital-Tronic Software Development, owner , , , Germany, hereinafter referred to as "Digital-Tronic", is a private company that specializes in the development and sale of software products and related services.|
|§ 1.2||These terms and conditions govern the legal relationship between Digital-Tronic and (references to "you" shall be construed accordingly) you, the user/buyer. By submitting your order you agree to these terms and conditions.|
|§ 2.1||These terms and conditions apply to the sale of all products and services from Digital-Tronic to you.|
|§ 2.2||The following provisions apply to companies according to § 14 BGB (Bürgerliches Gesetzbuch - German Civil Code) and consumers according to § 13 BGB. The Act defines the consumer as any natural person who enters into a transaction for a purpose that cannot be attributed to their business or their self-employment. Where the term "buyers" is mentioned, the provisions apply to both consumers and business, unless it is otherwise. The relevant points are highlighted in bold type.|
|§ 3||Offer, acceptance and confirmation (contract)|
|§ 3.1||An order submitted by you represents an offer addressed to Digital-Tronic for the purchase of products or services in accordance with these terms and conditions. All orders placed by you require subsequent acceptance by Digital-Tronic.|
|§ 3.2||Our acceptance of your order takes effect and the contract is valid only when we send the products you ordered, or by sending registration codes by email. The "digital delivery" is usually provided just after receipt of payment of the applicable price to Digital-Tronic.|
|§ 3.3||All orders, confirmations and other documents are kept for a period of twelve (12) months from the acceptance of the order by Digital-Tronic. If you lose your order records, please contact Digital-Tronic by email, fax or telephone. We will send you a copy of these documents by email. However, you should print the documents and the terms and conditions and/or save them to disk.|
|§ 4||Permits, exports and customs declarations|
|§ 4.1||To the extent that an approval or license from the government or other authority is required for the acquisition, transportation or use of products and services, you are required to obtain such approval or license at your own cost and provide Digital-Tronic with evidence of the same upon request. The fact that you have not yet obtained an approval or license shall not entitle you to withhold or delay payment. All costs and expenses incurred to Digital-Tronic on the basis of such a failure to obtain an approval or license or its being obtained erroneously shall be for the account of you. For consumers, this does not apply with respect to a permit or other authorization for transport.|
|§ 4.2||The products can be subject to export control regulations in the delivery area where you receive or use the products. You are encouraged to follow these laws. In case of violation of these laws Digital-Tronic is entitled to rescind the contract.|
|§ 4.3||Imports of goods above a certain value in the European Economic Area may result in duties, e.g. when the value of goods exceeds your personal import allowance. The competent authority may impose duties on you when the goods arrive at the designated location. You are responsible for the payment of customs duties, import duties and taxes. All these additional costs will be borne by you, as they are beyond our control and are not known to us. For further information on customs policies or duties, please contact a relevant authority or customs office in your jurisdiction.|
|§ 5||Prices and payment|
|§ 5.1||Unless stated otherwise, all prices specified for each product on the website shall be in the currency indicated there and the order confirmation. All prices are inclusive of VAT.|
|§ 5.2||Payments must be made prior to delivery and with one of the payment methods indicated on the website.|
|§ 6||Delivery and delivery time|
|§ 6.1||The delivery is made by emailing a registration code to activate the software or a download link to download the same. You decide whether and when to download, activate by entering the registration codes and use the products and services from Digital-Tronic.|
|§ 6.2||Delivery may not be made until the payment has been received by Digital-Tronic. This includes time for processing the delivery and payment information and any processing and payment verification time of the payment provider you chose on our website.|
|§ 6.3||If you are a consumer, upon delivery of the ordered product, the risk of accidental loss and accidental deterioration passes over to you. If you are a business, the risk of accidental loss and accidental deterioration passes to you as soon as the product is submitted to the transport or telecommunication provider but no later when it comes into your possession.|
|§ 7||Revocation right for consumers|
|§ 7.1||All provisions of this § 7 shall only apply to customers who place an order from a member state of the European Union.|
|§ 7.2||RECOVATION RIGHT: If you are a consumer, you have the right to revoke this contract within fourteen (14) days without stating a reason. In the case of a contract for services or a contract for the delivery of individually acquired or recurring digital content not installed on a physical data carrier, the revocation period shall be fourteen days from the date the contract was concluded. In the case of a purchase agreement for the delivery of goods, the revocation period shall be fourteen days from the date on which the consumer – or a third party designated by the consumer who is not a freight carrier – takes possession of the goods. To exercise the right of revocation, the consumer must inform Digital-Tronic (Digital-Tronic, owner , , , Germany, Tel.: , e-mail: ) by making a clear declaration of his decision to revoke the contract (e.g. by letter sent by regular mail, fax, or e-mail). The consumer can use the attached model revocation form for this purpose, but it is not a requirement. To meet the revocation deadline, it is sufficient for the consumer to send notice that he is exercising his right of revocation prior to the expiration of the revocation period.|
|§ 7.3||CONSEQUENCES OF REVOCATION: If the consumer revokes this contract, Digital-Tronic must promptly refund all of the payments Digital-Tronic received from the consumer, including delivery costs, no later than fourteen days from the date on which the notice of revocation of the contract was received by Digital-Tronic (with the exception of additional costs incurred because the consumer has chosen a different mode of delivery than the most cost-effective one, i.e. the standard mode of delivery offered by Digital-Tronic). For this refund, Digital-Tronic shall use the same means of payment that was used by the consumer in the original transaction, unless otherwise expressly agreed with the consumer. In no case shall the consumer be charged a fee for the refund.The consumer shall promptly return or send the goods to Digital-Tronic no later than fourteen days from the date on which the consumer informed Digital-Tronic of the revocation of the contract. The deadline is met if the consumer sends the goods before the expiration of the fourteen-day period. The consumer shall bear the direct costs of returning the goods.|
|END OF EXPLANATORY ADVICE ON REVOCATION|
The above right of revocation does not arise according to § 312g (2) BGB
|§ 7.4||with respect to contracts for the delivery of goods if they are not ready-made but were manufactured in accordance with an individual choice or determination of the consumer or are clearly tailored to the personal needs of the consumer (Section 312g (2) No. 1 BGB), and|
|§ 7.5||with respect to contracts for the delivery of audio and video recordings or computer software in a sealed package if the seal was broken after delivery (Section 312g (2) No. 6 BGB).|
|View Revocation form (PDF)|
View Revocation form (Online)
|§ 8||Duty of inspection and notification|
|If you are a business, you are required to test the products in normal operating conditions immediately after delivery and to make sure that they are in perfect condition, match the product description and are complete. Claims may only be made in respect of rights based on product defects or an incomplete delivery if you notify Digital-Tronic in writing or by email of the product defects or short delivery immediately and in any case no later than five days after receipt of the products or in the case of a hidden defect immediately after becoming aware of the same.|
|§ 9||Data protection|
|§ 10||Right of use|
|The software provided by Digital-Tronic is licensed according to the end user license and the terms and conditions. You acknowledge that the software may only be copied, adapted, translated, made available, distributed, modified, disassembled, decompiled, reverse engineered or combined with other software if expressly permitted in the license agreement or by applicable law.|
|§ 11||Reservation of ownership|
|Digital-Tronic reserves the ownership of the products until full payment of the order price is received (including any interest or other). Pledges or assignments do not constitute a withdrawal from the contract. If you are a consumer, you may not resell the product until full payment of the purchase price is received.|
|§ 12||Claims for defects|
|§ 12.1||All information on products and services from Digital-Tronic is for your information only. This does not imply a warranty.|
|§ 12.2||A product is defective where it lacks the agreed quality, is not suitable for the agreed use or appropriate for the customary use and does not demonstrate the quality usually expected for products of the same type. A product is also defective where it infringes industrial property rights, copyright or other third-party rights. The technical and legal regulations applicable in Germany shall apply unless specifically agreed otherwise. Services or the provision of services are defective to the extent they do not comply with the contractual agreements.|
|§ 12.3||Where a defective product has been delivered you should give us a reasonable deadline for any corrections required. There is no need to set such a deadline where this is unnecessary under Section 323 Subsection 2 of the BGB, in particular to the extent Digital-Tronic refuses to make any corrections, or if the performance is dependent on immediate performance or if there other circumstances which in consideration of the interests of both parties justify the cancellation of the contract and compensation.|
|§ 12.4||If you are a consumer, the statutory warranty fully applies to defective products. An exception to this is the limitation under § 13 of these terms and conditions. The consumer has the choice to either request a repair or the delivery of a fully functional product. If the remedy fails, the consumer may assert his legal warranty rights by lowering the respective purchase price (reduction) or cancellation of the contract. Your right to cancellation refers only to the defective product. The warranty expires two (2) years after delivery.|
|§ 12.5||If you are a business, Digital-Tronic can choose whether a defective product should be repaired or replaced by a product free of defects. If the remedy fails, the right to a reduction of the purchase price is excluded. The right of withdrawal is limited to the particular order. Your rights hereunder shall expire twelve (12) months from the date of delivery of the product.|
|§ 12.6||If you exercise your right of withdrawal your license is terminated. You have to remove the software from all systems, storage media, and other files and destroy physical components of the product and all copies made of the software immediately.|
|§ 12.7||The rights under § 12 do not apply if the defects result in part or fully from a user error, misuse, inappropriate storage, installation, or failure to follow instructions of the manual or any other instructions provided with the product.|
|§ 13||Limitations of liability (Disclaimer)|
|§ 13.1||Digital-Tronic is not liable for defects or damage caused by modifications made by improper or inappropriate use or failure to follow the manual of the products by the customer or a third party. Digital-Tronic does not guarantee that the features of the products meet the specific requirements of the customer, or that the products work with the components of the specific hardware configuration of the customer.|
|§ 13.2||Digital-Tronic is not liable for damage not caused to the delivery directly. In no event shall Digital-Tronic be liable for lost profits or other financial damages of the buyer. The foregoing limitation of liability does not apply if the damage was caused intentionally or by gross negligence or lack of a guaranteed quality or a violation of contractual obligations or performance delays, impossibility, and claims based on the Product Liability Act. The liability of Digital-Tronic for culpable injury to life, limb or health is not affected.|
|§ 13.3||All limitations of liability in accordance with § 13.1 and § 13.2 of these Terms and Conditions shall also apply to the benefit of our members and agents.|
|§ 14||Final provisions|
|These terms and conditions constitute the sole basis of all supplies and services from Digital-Tronic. Competing terms and conditions used by you are not valid in this contractual relationship. Any changes or amendments to these terms and conditions are only valid if agreed by us in writing.|
|§ 15||Place of jurisdiction and applicable law|
|§ 15.1||These terms and conditions are governed by German law. The provisions of the CISG by the UN Vienna Convention of 11.04.1980 do not apply.|
|§ 15.2||If you are a merchant or a public body or subject to public special assets, the place of jurisdiction is Biberach an der Riß. The court language and the language of any dispute resolution procedure is German.|
We respect the privacy of our customers and follow the relevant data protection laws. This policy describes how your personal information and unspecified information related to your data (anonymised data) and how information is collected, used and transferred.
Scope of data collection
We only collect personal data which you provided to us during the order process voluntarily. We only collect personal data when you place an order or when you contact us. We only use the data for the purpose of the fulfillment of the contract, e.g. to deliver your order or process payments. The personal data include the following information:
- If you purchase products on our website, you will have to provide your first name, family name, address, email address and payment information.
- If you contact us via the contact page on the website, you are asked to provide your name and your email address. We collect all other information provided by you voluntarily in this context. The same applies if you contact us by email or telephone.
In addition, user information is collected when you visit our website including date and time of the visit as well as the IP address and your browser details. If you provided us with your personal data in the order process, we can match the user data with your personal information. We reserve the right to use this data for internal processes, e.g. to analyze usage and functionality of our website. The technologies used to process personal information are described in the following sections.
If you do not want us to recognize your computer, you can prevent cookies from being stored on your hard disk by changing your browser settings to block all cookies. How this works in detail is explained in the help pages of your browser. You can also view our website without cookies. If you do not accept cookies, this may lead to reduced functionality of our site.
By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
Disclosure of personal data
Digital-Tronic does not sell or rent your personal data. We do not share data with third parties unless you have instructed us to do so. The only exception is for the purpose set out below.
We reserve the right to provide personal data to third parties to facilitate payment, shipment and communication by email.
To protect your personal data we use appropriate technical processes to collect, store and transmit the data, for example, we employ Secure Sockets Layer (SSL) technology in our shop which ensures the encryption of your personal data. Since no method is 100% secure we cannot guarantee absolute protection.
Deletion of data
Digital-Tronic stores the customer data only as long as this is necessary for the performance of the services. After the completion of all contractual services, your data will be blocked and deleted in accordance with statutory timeframes if requested by you. All data will be removed from the database. However, archives are not subject to the deletion procedure.
Access to information
Links to external websites
We offer a business license which allows the use of the software on unlimited PCs.