§ 1 miscellaneous, scope of application of the standard terms and conditions
1.1 All of our supplies and services are provided exclusively on the basis of the version of the following Standard Terms and Conditions which is current when the order is placed. If not expressly agreed in writing, differing terms of business do not apply.
1.2 Both consumers and businesses are a 'customer' within the meaning of these terms and conditions. Consumers within the meaning of the terms and conditions are individuals who conclude contracts for a purpose which can be attributed neither to their commercial nor their professional activities. Business within the meaning of the terms and conditions are individuals or corporate bodies or partnerships vested with legal capacity, which, when the contract is effected, are dealing with us in the exercise of their commercial or independent professional activities.
§ 2 Conclusion of contract, formation of the contract
2.1 By your order you make a binding offer to us to enter into the contract with you. With your confirmation of the payment data and your completed payment the contract comes into being.
2.2 You may obtain comprehensive information about the desired product in the respective article description. You can purchase our products by clicking on the [subscribe now] button within the respective article description. This directs you to the "Sign up" page.
In the order process itself, first enter your address details if you are not yet one of our existing customers. If you are an existing customer you log in via the customer log-in. During the order process you accept our Standard Terms and Conditions. You can rectify entry errors by scrolling backwards in the browser, or by breaking off the order process and starting from the beginning. In order to conclude the subscription you must click the [subscribe now] button. By doing this, you are directed to the payment page, where you can control the specifications. By confirming the payment data and completing the payment the contract comes into being.
Afterwards you are directed to the start page and may then use your subscription. You will also receive an e-mail with our confirmation.
2.3 In the case of orders in our on-line shop, the contract comes into being with:
Untere Hafnerstr. 32
Phone: +49 (0) 157 / 792 198 34
§ 3 storing of the contract wording
We store your order and the order data entered. We send you an order confirmation by email containing all the order information. You have the opportunity to print the Standard Terms and Conditions out before sending the order to us. Finally, you may at any time access the subscriptions you have made via your customer account.
§ 4 Cancellation terms and conditions
Right of cancellation
You may revoke your contract statement within a period of 14 days without giving reasons by sending us written notice (e.g. a letter, fax or email). The period begins after receipt of these cancellation terms and conditions in writing and not before we have fulfilled our obligations to provide information in accordance with article 246 § 2 in conjunction with § 1 para. 1 and 2 EGBGB as well as our duties in accordance with § 312g para. 1 sentence 1 of the BGB in conjunction with article 246 § 3 of the EGBGB. The sending of the revocation or the article is sufficient to comply with the time limit for cancellation. The notice of cancellation must be addressed to:
Untere Hafnerstr. 32
Consequences of cancellation
In the event of a valid cancellation, the services received by each party must be restituted and any benefits derived (e.g. interest received) must be returned. If you are unable, in part or fully, to restitute the service and uses (e.g. usage benefits), or are only able to restitute respectively return it in a deteriorated condition, you must pay us compensation to the extent that this applies. This can result in the provision of services to ensure that they meet the contractual payment obligations for the period up to cancellation.
Obligations to reimburse payments must be complied with within 30 days. The period begins to run for you when you send off the revocation declaration or the item, and for us it starts to run from the time we receive this.
Your right of cancellation expires prematurely, if the contract is fulfilled by both sides on your specific request, before you have exercised your right of cancellation.
End of cancellation terms and conditions
If you are a business within the meaning of § 14 of the Civil Code (Bürgerlichen Gesetzbuches -BGB), and at the time when the contract is concluded you are acting in the exercise of your commercial or independent professional activities, there is no right of revocation.
The right does also not apply for software downloads.
§ 5 Prices and shipping costs
All prices are inclusive of Valued Added Tax. Since we supply digital downloads exclusively, there are in principle no shipping costs. In the case of supply for downloading via a network, the seller bears the costs of making the software available for download on the network, and the purchaser bears the costs of the download. For the download we provide the access to the specific download area you purchased your subscription for.
§ 6 Payment conditions
Payment is to be made in advance via PayPal. We reserve the right to refuse individual methods of payment. You will be directed to the PayPal payment page.
The access to the download or subscription area is enabled only after the money has reached our PayPal account.
§ 7 Warranty and liability
The warranty is provided in accordance with the statutory provisions.
We bear neither liability for free software which we provide for download nor for software from third party providers, and we likewise do not provide any warranty in respect of such software.
§ 8 Customer service
Please contact us if you have any queries or complaints, or if you wish to make a claim. As a customer, you have the opportunity to make use of our free support facility at https://extensions.schultschik.com/support by entering your access data.
§ 9 Data protection
9.1 Gathering of data:
We gather data when initiating, concluding, processing and when abrogating a sale contract. This data is gathered, stored and processed by us.
Your visit to our website is recorded. The principal data recorded is the IP address currently used by your computer, the date and time, the type of browser, and your PC's operating system, as well as the pages viewed by you. As a rule we are not able, nor do we intend, to relate the data to a particular person.
9.2 Use and transmission of data:
The personal data which you supply to us, for instance, in your order or by email (e.g. your name and address or your email address), is directly stored in our Shop database. The data is only used in connection with the existing contract between the parties, for instance to process the purchase of software, or for support services. There is no use made of data beyond this. We only pass on your data to the delivery company entrusted with the delivery, and only in so far as this is required for the delivery of the goods. For the processing of payments, we pass your payment details on to the credit institution entrusted with the payment.
We guarantee that we do not otherwise pass on your personal data to third parties, unless we should find ourselves legally obliged to do so, or you have given us your prior consent to do so. If we use service providers to carry out and handle processing operations, the contract conditions will be governed by the provisions of the German data protection act.
9.3 Consent and withdrawal of consent:
If you have sent us personal data, you may delete it at any time. Data for accounting and book-keeping purposes is not affected by a cancellation/ a revocation and/ or deletion.
9.4 Storage period:
Personal data which is communicated to us via our website is stored only until the purpose for which it has been entrusted to us has been achieved. In so far as statutory retention periods have to be complied with for commercial and tax purposes, the storage period for certain data may be up to 10 years.
This website uses Piwik, a website analysis software. Piwik uses so-called "cookies", text files which are stored on your computer and which allow your use of the website to be analysed. The information produced by the cookie about your use of this web site (including your IP address) is transmitted to a Schultschik Websolution server in Germany, where it is stored Schultschik Websolution will use this information to evaluate your use of the website, to compile reports for the website operators on the use of the website, and to provide other services in connection with the use of the website and use of the internet. If necessary, Schultschik Websolution will also transmit this information to third parties in so far as this is legally required, or on so far as third parties process this data on behalf of Schultschik Websolution. Under no circumstances will Schultschik Websolution match your IP address to other Schultschik Websolution data. You may prevent the installation of the cookies by using an appropriate setting on your browser software; however, we advise you that in this case you may not be able to make full use of all the functions of this website. By using this website you declare that you agree to Schultschik Websolution processing the data collected concerning you in the manner previously described, and for the purpose previously stated.
Our services are accessed using cookies. A pre-requisite for this is that you have activated the cookies in your browser settings.
An incidentally generated session code, and if applicable your customer ID, are stored in the cookies. This enables you to be recognized as a registered customer.
In addition, we store an affiliate ID if provided, and also record the page via which you entered our website.
9.7 Your rights, information:
If you no longer agree to the storage of your personal data, or if it has become incorrect, we will delete or block access to your data upon receiving an appropriate instruction, or will undertake the necessary corrections (in so far as this is possible in accordance with the legislation in force and you are not able to do this yourself). On request, we will provide you without charge with information about all the personal data which we have stored on you.
§ 10 Duties of the purchaser
10.1 You have a duty to retain your shop access data and a duty of care in relation to it. Without this data you have no access to updates, support and documentation resp. to the club area. The password must not be given to third parties.
10.2 Please make sure that the email address you have provided is correct, since otherwise the confirmation of order and the download ID cannot be sent to you.
10.3 If you have lost your password, please use the data retention function on the log-in form. For security and data protection reasons it is only possible to send a lost user name to the email address stated in the user data. If you don't know either your user name or your email address, you cannot be given access to your user account.
10.4 Before ordering the software, you must read the system requirements stated in the product description to check whether the software can be operated on your systems.
§ 11 blocking of the user account
If you sign on with incorrect information, or if there is a suspicion of fraud, we are entitled to block your user account and access to the subscription area. The same applies if you breach the product's license conditions by disseminating the product or the documentation in an unauthorized manner.
§ 1. Subject matter of the contract
(1a) The buyer purchases from us the software described in more detail in the shop's respective article description, including the stored data contained in it. The software is always provided in connection with subscriptions which run for a fixed period of either 6 or 12 months, and which enable the purchasers to receive updates and support.
(1b) The buyer makes one or several subscriptions which are described in more detail in the shop's respective article description.
The accompanying application documentation is in English, and is made available online via the subscription.
It is possible to extend a subscription.
These services are referred to below as the "subject matter of the contract", and are subject to the conditions of use agreed in this contract.
(2) The source code of the software is a component of the subject matter of the contract. Alterations to the source code are permitted, but they entail the loss of the right to support services.
(3) The nature of the software supplied by us is definitively determined by the description of services which is applicable when the software is downloaded and made available to the purchaser before the contract is concluded, and which is also described again in the application documentation. We are not liable for any additional characteristics of the software. In particular, the purchaser may not adduce any such obligation on our part from other descriptions of the software in public statements or in advertising unless we have explicitly given written confirmation of the additional characteristic(s)..
§ 2. Scope of use
(1) We grant the purchaser a simple right of use in respect of the software with no time restriction.
(2) The commercial sub-leasing of the software is always prohibited without our express consent.
(3) The purchaser is authorized to copy the software on to a data carrier as a back-up. Otherwise, our right to the on-line copy expires in the same way as if the purchaser had received the software on a data carrier.
(4) If the purchaser receives additions to the subject matter of the contract, by way of amendments (e.g. patches), or a new version of it (e.g. updates, upgrades), which replace the previous subject matter of the contract ("original software"), these are subject to the provisions of this agreement.
(5) Duplication or reworking of the application documentation is not permitted.
(6) If the purchaser alters the source code or the database structure of the software and/ or the main components required for the software to operate, we no longer guarantee the correct operation of the software.
(7) If the software is published under a GPL license, those license provisions govern its use.
In addition, the following additional terms are in effect: the trademark rights to the software, their applications and updates in the relationship of the parties belong exclusively to Schultschik Websolution.
(8) The in the scope of the main software included updates and applications can be carried out directly within the main software. For that a connection from the client's server to the servers of Schultschik Websolution is required. A guarantee of the continued availability of the servers of Schultschik Websolution is not given. A minimum availability of the servers of Schultischik Websolution is also not guaranteed. With limited availability of the servers, Schultschik Websolution's liability is limited to the damage caused by intent or gross negligence.
§ 3. Installation
(1) For installing the software we refer you to the installation instructions described in the application documentation, and in particular to the hardware and software environment that must be in place for the purchaser.
Some of our products need to be registered on our update server. The required conditions for this are accordingly stated in the product description.
(2) In the case of software provided without charge by us, we are not obliged to draw up and provide application documentation. However, we provide optional information in this regard on our website, and in addition we also provide a support forum. In line with a subscription the online documentation for Schultschik Websolution component can be accessed.
§ 4. Protection of software and application documentation
(1) The purchaser will only give third parties access to the subject matter of the agreement if he has the prior written agreement of the seller. The purchaser's employees, and also other persons who are on the purchaser's premises in order to use the subject matter of the contract in accordance with the terms of the contract, are not deemed to be third parties. § 5 remains unaffected.
(2) The purchaser is not permitted to alter or remove copyright notices, markings and/or reference numbers or markings on the software.
(3) If the purchaser hands data carriers, memory sticks or other hardware on which subject matter of the contract is stored (whether in complete or partial form, unaltered or reworked) (i) to third parties, without this constituting transmission in accordance with § 5, or (ii), if he surrenders immediate possession of these, he must ensure that the stored subject matter of the contract has previously been completely and permanently deleted.
§ 5. Transmission
(1) For transmission of software which is published under a GPL license, those license conditions apply in respect of transmission.
(2) The purchaser is not allowed to transfer the subscription to third parties.
§ 6. Purchaser's cooperation and information duties
(1) The purchaser has informed himself of the essential operating features of the software and bears the risk in respect of whether these conform to his wishes and requirements; if he is unsure about any points, he must seek advice from our staff or from expert third parties before the contract is concluded.
(2) The purchaser has sole responsibility for setting up a fully operational hard- and software environment for the subject matter of the contract, and one which also has sufficient capacity taking into account the additional loading imposed by the subject matter of the contract.
(3) Before using the software, the purchaser will test it thoroughly to ensure it has no defects and that it can be used in the existing hard-and software configuration.
(4) The purchaser will observe the instructions provided by us for the installation and operation of the software; he will at regular intervals seek information about current instructions on our shop- and/or subscription pages which are available via the internet, and he will take account of these instructions when operating the software.
(5) The purchaser will take reasonable precautions for the event that the software does not work properly, (at all or in part), (e.g. by backing up data on a daily basis, by diagnosing problems and faults, and by regularly monitoring the data processing results).
(6) The purchaser will bear any prejudice and additional costs resulting from a breach of these duties.
§ 7. Period of service
(1) The software is supplied in the version which is current at the time of supply.
(2) We effect the supply by making the software available for download on a network. We provide access to the download area which is with costs. In addition, the purchaser can access the respective application documentation on-line via the subscription.
(3) The transfer of risk is governed by the point in time when the software is made available for download on the network and when the customer is informed of this.
§ 8. Requirement to make a complaint in respect of a defect immediately on receipt of goods
(1) In respect of all the products and services supplied by the seller in performing this contract, the purchaser assumes a duty to make a complaint in respect of any defect immediately on receipt of the goods in accordance with § 377 HGB [German commercial code).
§ 9. Ending of the right to use the subject matter of the contract
Once the subscription has expired, the purchaser loses the right of access to the documentation, to support services or access to the closed member only forum subscription area, and to updates of the software. However, the rights to use the software itself remain unaffected by this.
§ 10. Free software
In the download area of our main page extensions.schultschik.com we offer software for free download. The software originates from us or from third party suppliers, and it is not subject to a commercial license. We do not accept any liability in respect of this free software, nor do we provide any warranty in respect of it. The use of the free software is explicitly at your own risk.
III. Standard Support for purchased software
(1) We provide the purchaser of our commercial product subscriptions with a free support service for the purchased software in our forum. To access this, he must use his shop access data to log-in in our forum, where he can then send enquires to the support.
The period for the support service is based on the respective description of services for the software, and is either 6 or 12 months following the purchase of the software.
(2) The support service ceases if the purchaser himself alters, or has altered by others, the purchased software or the main components required to operate the purchased software, and/or makes alterations to the database structure himself, or has such alterations made by others. This does not apply in respect of alterations to the template- or CSS files.
(3) No support is provided for any copies (clones) of the software, or if copies (clones) of the main components are used which are required for the function of the software bought.
(4) Support in the forum is not provided for software that is for free.
(5) If support can only be provided by directly accessing the purchaser's server (website), such access must be provided, otherwise we cannot provide any support. If the purchaser installs the software on a server and we are not able to access this server, then we cannot provide any support.
(6) Before direct access to the server (Web site) of the customer by support staff of Sigsiu.NET, the customer has to take appropriate and adequate security measures to protect its own files and data from loss, destruction or damage. The customer carries disadvantages and additional costs arising from a breach of these obligations.
§ 1 Making a subscription and account
(1) A subscription is acquired under the provisions mentioned under "I. Online-Shop". After confirmation of the payment is received, the account of the subscriber on the site extensions.schultschik.com is enabled. To login, the shop user data have to be used. This gives access to the subscriber's applications and documentation.
(2) The subscriber also gets access to the closed forum area.
§ 2 Scope of Service of the subscriptions
(1) The subscriptions are subject to monthly time limit. This is specified in a subscription plan and depends on the classification into one of the subscription classes.
(2) The subscriptions include for each subscriber access to the extensions of the main software which the subscriber covered, which the in "II. Software" said provisions shall apply accordingly. All applications are released under GPL license.
Furthermore, the subscriber receives access to the documentation for the main product and for the covered applications for which the in "II. Software" said provisions shall apply accordingly.
The detailed scope of the club's membership is based on the classification into one of the subscription classes after the subscription plan.
(3) The subscriber gains access to the closed forum area. The language used in the forum is English. The forum serves as an interaction between the subscribers with regard to the main software, their applications and the application documentation.
(4) The in the scope of the main software included updates and applications can be carried out directly within the main software. For that a connection from the client's server to the servers of Schultschik Websolution is required. A guarantee of the continued availability of the servers of Schultschik Websolution is not given. A minimum availability of the servers of Schultschik Websolution is also not guaranteed. With limited availability of the servers, Schultschik Websolution's liability is limited to the damage caused by intent or gross negligence.
§ 3 Costs of subscriptions
All prices are inclusive of Valued Added Tax. The cost of a subscription depends on the scope and duration of the subscription and is established on a subscription plan.
§ 4 Transferability of a subscription
The subscriptions are not transferable to any other person or user account.
§ 5 Data protection
(1) The shop user data are used by us for the first registration on the site extensions.schultschik.com. The subscriptions are tied to the user account in our shop. The subscriber will receive access to the subscription area only with his user account used to purchase the subscription.
(2) Data protection regulations, termed in Section I, § 10 apply in addition.
1. German law applies to the exclusion of UN purchasing law.
2. In the case of customers who conclude the contract for a purpose which cannot be attributed to their professional or commercial activities (consumers), this choice of law applies only in so far as it does not detract from the mandatory provisions of the law of the country in which he has his usual place of residence.
3. Baden-Baden is the place of jurisdiction for all disputes arising under the contractual relationship if the person placing the order is a tradesman, a corporate body under public law, or a separate estate under public law.
4. No oral ancillary agreements have been made.
5. All alterations to these Standard Terms and Conditions must be made in writing. This applies to altering the written form clause itself.
6. The contract languages are German or English.
7. If one or several provisions of these STC's are invalid, the contract otherwise remains valid. In so far as the provisions are invalid, the content of the contract is governed by the statutory
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