General Terms and Conditions (GTC)

Status: September 2018

1. Scope

1.1 For the business relationship between rosutec® - Rodrigo Supper Technologie and the customer, the following General Terms and Conditions (GTC) in the version valid at the time of the order apply exclusively. We do not accept any conflicting or deviating purchase conditions of the customer, even if we execute the customer's order or purchase order without objection in knowledge of deviating conditions.

In addition to this, the license agreement enclosed with our products applies. Product names and logos are property of rosutec® - Rodrigo Supper Technologie and may not be used without permission. Screenshots of the software for advertising purposes are exemplary illustrations and may differ from the current state. Deviating conditions of the customer will not be accepted.

1.2 With the publication of new prices all previous offers lose their validity.

1.3 Our information and offers on our products and their descriptions are subject to change without notice. Misprints and errors excepted. With regard to the constant technical development and improvement of the products, we reserve the right to make changes in functionality and appearance. This also applies to changes which serve to maintain the ability to deliver (e.g. changes in the download address, the subscription or registration procedure for software, etc.).

2. Conclusion of contract

2.1 The product presentations contained on our Internet pages serve to inform our customers.

2.2 You can download test versions of our software from our website. These trial versions are free of charge, but are already subject to the license terms included with the software (these are displayed to the customer before installation). The trial versions are similar in functionality to the full version, with restrictions described in the license agreement, on our Internet pages, in other documentation enclosed or available for download from our Internet pages.

2.3 If the customer is interested in purchasing the full version, he can apply for an assignment of a registration number, which enables him to unlock his trial version to the full version. Alternatively, a full version (new software) can be sent to the customer together with the registration number if activation of the trial version is not possible. The purchase of a registration number res. of the full version is subject to a fee. The amount of the fee is shown on our website. Our license terms apply equally to the trial and full versions.

2.4 The customer can apply for a registration number / purchase of the full version in electronic form. For this purpose, either the test version offers the corresponding possibilities and/or our Internet pages. Other options are not planned, but may also be possible by mutual agreement.

2.5 If the application is submitted in the intended electronic form, the applicant will immediately receive a confirmation e-mail to the e-mail address provided by him in the application. In this confirmation email his application data as well as the amount of the registration fee will be listed again and he will be informed of our bank account details. As soon as the registration fee has been credited to our account, a purchase contract between the applicant and us (rosutec® - Rodrigo Supper Technologie) is concluded. We reserve the right to revoke acceptance of the application within 5 days after sending our confirmation email. In such a case, we will refund any payments already received from the customer on our account. For part payments / incomplete payments, we are not obliged to deliver.

2.6 Orders are usually processed and contacted by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by us can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by us or third parties commissioned by us to process the order can be delivered.

3. Right of revocation / cancellation policy

3.1 Since we provide trial versions of our software, which can be used indefinitely, and since no full versions can be downloaded from our website, but the application for a registration number is processed exclusively from the trial versions, i.e. the applicant must successfully install and use the trial version, the applicant does not have the right to withdraw as soon as he has been assigned the registration number for a full version. Assigning a registration number in electronic form is equivalent to breaking the seal of a physical software delivery.

4. Prices

4.1 For the delivery the prices apply at the time of the order. The prices shown on our website are final prices including all legal fees.

4.2 An invoice will be issued only on request of the customer and then only in electronic form.

4.3 The current prices are shown on our website.

5. Terms of payment

5.1 The customer must ensure that the amount of money requested by us is credited to our account without deduction. Any transfer fees must be borne by the customer. See in particular 2.5.

6. Deliverability

6.1 Delivery by us shall be made to the e-mail address specified by the customer in his application. It usually takes place within hours, at the latest 6 days after receipt of payment of the registration fee by the customer on our account.

7. Warranty

If the object of purchase is defective, the statutory provisions of the Federal Republic of Germany shall apply.

7.1 As a defect in software applies only what is recognized in the license agreement as a defect.

8. Liability

8.1 Claims for damages resulting directly or indirectly from the use of our products are excluded, unless fraudulent deception exists on the part of rosutec® - Rodrigo Supper Technologie.

8.2 Unless expressly agreed, liability claims beyond the legal framework - on whatever legal grounds - are excluded. The above exemption from liability does not apply if the damage is based on intent, fraudulent deception or gross negligence.

8.3 The scope of liability under the Product Liability Act is not affected by this.

8.4 The aforementioned regulations reflect the full scope of liability of rosutec® - Rodrigo Supper Technologie or its owner and employees. Any further liability is excluded.

9. Data protection

9.1 The data necessary for business transactions are stored in our computer system in accordance with the provisions of the Federal Data Protection Act and the Teleservices Data Act of the Federal Republic of Germany to ensure error-free and fast order processing.

9.2 It is possible that the customer's computer-related data will be transmitted together with the registration form in order to process the registration (see section 2.). If this is the case, this data is used exclusively for the unique allocation of the registration key and is neither used by us for other purposes nor passed on to third parties.

9.3 The customer is entitled to object to the use of his address data for advertising purposes on our part. A passing on to third parties for commercial purposes generally does not take place.

10. Dispute settlement

10.1 The European Commission is providing an online dispute resolution (ODR) platform, available on the Internet at: https://ec.europa.eu/consumers/odr. You will find our email address in the imprint behind 'Vendor'.

10.2 We are neither obligated nor willing to participate in dispute resolution procedures before a consumer arbitration service. This also applies to all other alternative consumer arbitration services.

10.3 Irrespective of 10.2, the Law on Alternative Dispute Resolution in Consumer Matters demands that we nevertheless refer you to a Consumer Dispute Resolution Service responsible for you:

Zentrum für Europäischen Verbraucherschutz e.V.
Bahnhofsplatz 3
DE-77694 Kehl
Germany
Phone: +49-(0)7851-991480
Email: mail@online-schlichter.de
Internet: www.online-schlichter.de

11. Miscellaneous

11.1 Place of performance for all mutual services owed under the contract is Regensburg in Germany.

11.2 Orders submitted several times - for whatever reason - must be clearly marked (e.g. in the input field for free messages on the application form), otherwise the services will be executed repeatedly.

11.3 Should one or more provisions be wholly or partially invalid or ineffective, the validity of the remaining provisions shall not be affected.

12. Applicable law and place of jurisdiction

12.1 German law applies to the exclusion of the UN purchase law.

12.2 The contract language is German.

12.3 Exclusive place of jurisdiction is Regensburg in Germany or another legal place of jurisdiction at the discretion of rosutec® - Rodrigo Supper Technologie or its owner, provided that the customer is a merchant within the meaning of the German Commercial Code or a corporation under public law.


End of the General Terms and Conditions