General Terms and Conditions (GTC)

Table of Contents

  1. Scope of Application
  2. Conclusion of Contract
  3. Right of Withdrawal
  4. Prices and Payment Terms
  5. Shipping and Delivery Terms
  6. Granting of Rights of Use for License Keys
  7. Granting of Rights of Use for Digital Content
  8. Retention of Title
  9. Warranty
  10. Redeeming Promotional Vouchers
  11. Redeeming Gift Vouchers
  12. Applicable Law
  13. Place of Jurisdiction
  14. Code of Conduct
  15. Alternative Dispute Resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter "Terms and Conditions") of Esoft24 GmbH (hereinafter "Seller") apply to all contracts concluded between a consumer or entrepreneur (hereinafter "Customer") and the Seller concerning goods and/or services presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby rejected unless otherwise agreed.

1.2 These Terms and Conditions apply accordingly to contracts for the delivery of physical data carriers that serve solely as carriers for digital content, unless otherwise stipulated in this respect. Digital content under these Terms and Conditions means data created and provided in digital form.

1.3 These Terms and Conditions apply accordingly to the delivery of digital content, unless expressly stipulated otherwise. Digital content under these Terms and Conditions means data created and provided in digital form.

1.4 These Terms and Conditions apply accordingly to the purchase of vouchers, unless expressly stipulated otherwise in this respect.

1,5 These Terms and Conditions apply accordingly to contracts for the delivery of vouchers, unless expressly stipulated otherwise in this respect.

1.6 These Terms and Conditions apply accordingly to contracts for the provision of license keys, unless otherwise agreed. In this respect, the seller is obliged to provide a license key for using the digital content or digital services described by the seller (hereinafter “digital products”) and to grant the contractually agreed rights of use for the respective digital products. The customer does not acquire any intellectual property rights to the digital product. The relevant product description provided by the seller determines the characteristics of the digital product.

1.7 A consumer under these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly outside their commercial or self-employed professional activity.

1.8 An entrepreneur under these Terms and Conditions is a natural person, legal entity or partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

2) Conclusion of the contract

2.1 The product descriptions contained in the seller’s online shop do not constitute binding offers by the seller, but are intended to enable the customer to submit a binding offer.

2.2 The customer may submit the offer using the online order form integrated into the seller’s online shop. After placing the selected goods and/or services in the virtual shopping cart and completing the ordering process, the customer submits a legally binding contractual offer for the goods and/or services in the shopping cart by clicking the button that completes the ordering process. The customer may also submit the offer to the seller by fax, email, or post.

2.3 The seller may accept the customer’s offer within five days,
by sending the customer written order confirmation or order confirmation in text form (fax or email), in which case receipt of the order confirmation by the customer shall be decisive, or
by delivering the ordered goods to the customer, in which case receipt of the goods by the customer shall be decisive, or
- by requesting payment from the customer after they have placed their order.

If several of the foregoing alternatives apply, the contract is concluded when one of them first occurs. If the seller does not accept the customer’s offer within the foregoing period, this shall be deemed a rejection of the offer, with the result that the customer is no longer bound by their declaration of intent.

2.4 When a payment method offered by PayPal is selected, payment is processed by the payment service provider PayPal (Europe) S.à rl et Cie, S.CA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”). PayPal’s terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full?locale.x=en_DE apply, or, if the customer does not have a PayPal account, the terms for payments without a PayPal account, available at https://www.paypal.com/uk/webapps/mpp/ua/privacywax-fullapply. If the customer pays using a PayPal payment method that can be selected during the online ordering process, the seller hereby accepts the customer’s offer as soon as the customer clicks the button that completes the ordering process.

2.5 If the customer selects the “Amazon Payments” payment method, payment processing is handled by the payment service provider Amazon Payments Europe S.CA, 38 Avenue John F. Kennedy, L-1855 Luxembourg (hereinafter “Amazon”).

If the customer selects “Amazon Payments” as the payment method during the online ordering process, they simultaneously issue a payment order to Amazon by initiating the payment transaction when clicking the button that completes the ordering process. In this case, the seller declares acceptance of the customer’s offer when the customer initiates the payment transaction by clicking the button that completes the ordering process.

2.6 When submitting an offer through the seller’s online order form, the seller stores the contract text after the contract is concluded and sends it to the customer in text form (e.g., by email, fax, or letter) after the customer submits their order. The seller does not make the contract text accessible in any other way. If the customer has created a user account in the seller’s online shop before submitting their order, the order data is archived on the seller’s website and can be accessed by the customer free of charge through their password-protected user account by entering the relevant login details.

2.7 Before submitting the order through the seller’s online order form, the customer can identify any input errors by carefully reading the information displayed on the screen. An effective technical means of better identifying input errors may be the browser’s zoom function, which enlarges the display on the screen. The customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that completes the ordering process.
The customer can correct their entries at any time during the electronic ordering process using the usual keyboard and mouse functions, until they click the button that completes the ordering process.

2.8 Only German and English are available for concluding the contract.

2.9 Orders are generally processed and contact is made by email and automated order processing. The customer must ensure that the email address provided for processing the order is correct so that emails sent by the seller can be received at that address. In particular, if using SPAM filters, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers generally have a right of withdrawal.

3.2 Further information about the right of withdrawal can be found in the seller's withdrawal instructions.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices listed are total prices that include statutory VAT. Any additional shipping costs are listed separately in the relevant product description.

4.2 Payment can be made using one of the payment methods specified in the seller's online shop.

4.3 If advance payment by bank transfer has been agreed, payment is due immediately after the contract is concluded, unless the parties have agreed on a later due date.

4.4 When the invoice payment method is selected, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid in full within 14 (fourteen) days of receipt of the invoice, unless otherwise agreed. The seller reserves the right to offer invoice payment only up to a certain order value and to reject this payment method if the stated order value is exceeded. In this case, the seller will notify the customer of the corresponding payment restriction in the payment information in the online shop. The seller also reserves the right to conduct a credit check when invoice payment is selected and to reject this payment method if the credit check is negative.

4.5 When you select the invoice payment method, the purchase price becomes due after the goods have been delivered and invoiced. In this case, the purchase price must be paid in full within 30 (thirty) days of receipt of the invoice, unless otherwise agreed. The seller reserves the right to offer the invoice payment method only up to a certain order value and to refuse this payment method if the specified order value is exceeded. In this case, the seller will inform the customer of the applicable payment restriction in the payment information in the online shop. The seller also reserves the right to perform a credit check when the invoice payment method is selected and to refuse this payment method if the credit check is negative.

4.6 If you select the “PayPal Invoice” payment method, the seller assigns its payment claim to PayPal. Before accepting the seller’s declaration of assignment, PayPal performs a credit check using the customer data provided. The seller reserves the right to refuse the customer the “PayPal Invoice” payment method if the check results are negative. If PayPal approves the “PayPal Invoice” payment method, the customer must pay the invoice amount to PayPal within 30 days of receiving the goods, unless PayPal specifies a different payment deadline. In this case, payment can only be made to PayPal with discharging effect. However, even if the claim is assigned, the seller remains responsible for general customer inquiries, e.g. about the goods, delivery time, shipping, returns, complaints, declarations of withdrawal and returned goods, or credits. The PayPal General Terms of Use for the “Purchase on Invoice” payment method, available at https://www.paypal.com/de/webapps/mpp/ua/ppkar-tnc?locale.x=en_DE, also apply.

4.7 If you select the “PayPal Direct Debit” payment method, PayPal will debit the invoice amount from the customer’s bank account on behalf of the seller after a SEPA direct debit mandate has been granted, but not before the advance notice period has expired. Advance notice means any communication to the customer (e.g. an invoice, insurance policy or contract) announcing a SEPA direct debit. If the direct debit cannot be collected due to insufficient funds or because incorrect bank details were provided, or if the customer objects to the debit without being entitled to do so, the customer must bear any fees charged by the relevant credit institution for the chargeback, provided the customer is responsible for it.

4.8 If the customer selects a payment method offered via the “PayPal” payment service, payment processing is handled by PayPal, which may also use the services of third-party payment service providers for this purpose. If the seller also offers payment methods via PayPal that involve payment in advance by the customer (e.g. purchase on account or payment in installments), the seller assigns its payment claim to PayPal or to the payment service provider commissioned by PayPal and expressly named to the customer. Before accepting the seller’s assignment, PayPal or the payment service provider commissioned by PayPal carries out a credit check using the customer data provided. The seller reserves the right to refuse the customer’s chosen payment method if the credit check result is negative. If the chosen payment method is approved, the customer must pay the invoice amount within the agreed payment period or at the agreed payment intervals. In this case, the customer may make payment with discharging effect only to PayPal or to the payment service provider commissioned by PayPal. However, even if the claim is assigned, the seller remains responsible for general customer inquiries, e.g. about the goods, delivery time, shipping, returns, complaints, declarations and submissions of withdrawal, or credits.

4.9 If the customer selects a payment method offered via the “mollie” payment service, payment processing is handled by the payment service provider Mollie BV, Keizersgracht 313, 1016 EE Amsterdam, Netherlands (hereinafter “mollie”). The individual payment methods offered via mollie are communicated to the customer in the seller’s online shop. To process payments, mollie may use other payment services, which may be subject to special payment terms. The customer will be informed separately about these terms, if applicable. Further information about “mollie” can be found online at https://www.mollie.com/en/privacy

4.10 If the customer selects the “Sofortüberweisung” payment method, payment processing is handled by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). To pay the invoice amount via “Sofortüberweisung”, the customer must have an online banking account enabled for use with “Sofortüberweisung”, authenticate themselves during the payment process and confirm the payment instruction to “SOFORT”. The payment transaction is then carried out immediately and the amount is debited from the customer’s bank account. The customer can find more information about the “Sofortüberweisung” payment method at https://www.klarna.com/sofort/.

5) Shipping and delivery conditions

5.1 If the seller offers to ship the goods, delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. For the purposes of processing the transaction, the delivery address specified during the seller’s order process is authoritative. Notwithstanding the foregoing, if the PayPal payment method is selected, the delivery address stored by the customer with PayPal at the time of payment is authoritative.

5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs of the unsuccessful shipment. This does not apply to the outward shipping costs if the customer effectively exercises their right of withdrawal. It does not apply to return shipping costs if the customer is not responsible for the circumstances that made delivery impossible, or if the customer was temporarily unable to accept the offered service, unless the seller had notified the customer of the service a reasonable time in advance.

5.3 For logistical reasons, collection in person is not possible.

5.4 Digital content is provided to the customer exclusively in electronic form as follows:

  • by download
  • by email
  • by direct access through the seller’s website

5.5 Vouchers are provided to the customer as follows:

- by email

5.6 License keys are provided to the customer as follows:

  • by download
  • by email
  • by displaying it on screen

5.7 The seller reserves the right to withdraw from the contract if it is not correctly or properly supplied by its own supplier. This applies only if the failure to deliver is not attributable to the seller and the seller has concluded a specific covering transaction with the supplier with due care. The seller will make all reasonable efforts to obtain the goods. If the goods are unavailable or only partially available, the customer will be informed immediately and the payment will be refunded immediately.

6) Grant of rights of use for license keys

6.1 The license key provided entitles the customer to use the software or content as described in the respective product description.

6.2 The grant of rights becomes effective only once the customer has paid the full amount due.

7) Grant of rights of use for digital content

7.1 Unless otherwise stated in the description of the content in the seller’s online shop, the seller grants the customer the non-exclusive, unlimited territorial and temporal right to use the provided content for private and professional purposes.

7.2 Disclosure of the content to third parties or making copies for third parties outside the scope of the General Terms and Conditions is prohibited, unless the seller has consented to the transfer of the license covered by the contract to third parties.

7.3 The granting of rights pursuant to Section 158(1) of the German Civil Code (BGB) shall only take effect once the customer has paid the contractually agreed remuneration in full. The seller may provisionally permit use of the content covered by the contract before that time. Such provisional permission does not transfer any rights.

8) Retention of title

If the seller makes an advance delivery, the seller reserves title to the delivered goods until the purchase price owed has been paid in full.

9) Warranty

9.1 Unless otherwise specified, the statutory provisions on liability for defects apply. By way of deviation, the following applies to contracts for the supply of goods:

9.2 If the customer is a merchant

  • the seller may choose the type of subsequent performance,
  • for new goods, the limitation period for claims based on defects is one year from delivery of the goods,
  • for used items, rights and claims based on defects are excluded,
  • the limitation period does not start anew if a replacement delivery is made as part of liability for defects.

9.3 The aforementioned limitations of liability and reductions in limitation periods do not apply

  • for the customer's claims for damages and reimbursement of expenses,
  • if the seller fraudulently concealed the defect,
  • for items that have been used for a building in accordance with their usual intended use and have caused the building to be defective,
  • for any obligation of the seller to provide updates for digital products under contracts for the supply of goods with digital elements.

9.4 In addition, the statutory limitation periods for any statutory rights of recourse remain unaffected for merchants.

9,5 If the customer is a merchant within the meaning of Section 1 of the German Commercial Code (HGB), they are subject to the commercial duty to inspect and give notice of defects pursuant to Section 377 HGB. If the customer fails to fulfill the notification obligations set out therein, the goods shall be deemed approved.

9.6 If the customer acts as a consumer, they are asked to report any transport damage to the carrier immediately and notify the seller. Failure to do so has no effect on their statutory or contractual claims for defects.

10) Redeeming promotional vouchers

10.1 Vouchers issued free of charge by the seller as part of promotional campaigns for a specified validity period, which cannot be purchased by the customer (hereinafter "promotional vouchers"), can only be redeemed in the seller's online shop and only during the specified period.

10.2 Certain products may be excluded from the voucher promotion if such a restriction is specified in the promotional voucher.

10.3 Only one promotional voucher may be redeemed per order.

10.4 The value of the goods must be at least equal to the amount of the promotional voucher. The seller will not refund any remaining balance.

10.5 If the value of the promotional voucher is not sufficient to cover the order, the customer may choose one of the other payment methods offered by the seller to pay the difference.

10.6 The balance of the promotional voucher is neither paid out in cash nor subject to interest.

10.7 The promotional voucher will not be refunded if the customer returns goods paid for in whole or in part with the promotional voucher under their statutory right of withdrawal.

10.8 The promotional voucher is transferable. The seller may discharge its obligation by providing goods or services to the respective holder who redeems the promotional voucher in the seller’s online shop. This does not apply if the seller knows, or is grossly negligent in failing to know, that the respective holder is not entitled to redeem the voucher, lacks legal capacity or is not duly authorized to act on behalf of another person.

11) Redeeming gift vouchers

11.1 Vouchers that can be purchased through the seller’s online shop (hereinafter “gift vouchers”) can only be redeemed in the seller’s online shop, unless the voucher states otherwise.

11.2 Gift vouchers and any remaining balances can be redeemed until the end of the third year following the year in which the voucher was purchased. Remaining balances are credited to the customer’s voucher account.

11.3 Gift vouchers can only be redeemed before the order is completed. They cannot be applied retroactively.

11.4 Only one gift voucher may be redeemed per order.

11.5 Gift vouchers can only be redeemed to purchase goods, not to purchase additional gift vouchers.

11.6 If the value of the gift voucher is not sufficient to cover the order, the customer may choose one of the other payment methods offered by the seller to pay the difference.

11.7 The balance of a gift voucher is not paid out in cash and does not accrue interest.

11.8 The gift voucher is transferable. The seller may discharge its obligation by providing goods or services to the respective holder who redeems the gift voucher in the seller’s online shop. This does not apply if the seller knows, or is grossly negligent in failing to know, that the respective holder is not entitled to redeem the voucher, lacks legal capacity or is not duly authorized to act on behalf of another person.

12) Applicable law

12.1 The law of the Federal Republic of Germany shall apply to all legal relations between the parties, excluding the laws governing the international sale of movable goods. For consumers, this choice of law shall apply only insofar as the protection afforded by mandatory provisions of the law of the country in which the consumer has their habitual residence is not thereby withdrawn.

12.2 With regard to the statutory right of withdrawal, this choice of law does not apply to consumers who, at the time the contract is concluded, are not residents of a member state of the European Union and whose sole place of residence and delivery address are outside the European Union at the time the contract is concluded.

13) Place of jurisdiction

If the customer is a merchant, a legal entity under public law, or a special fund under public law domiciled in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the seller’s place of business. If the customer is domiciled outside the territory of the Federal Republic of Germany, the seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activities. In the foregoing cases, however, the seller shall in all instances be entitled to bring proceedings before the court at the customer’s place of business.

14) Code of Conduct

14.1 The seller meets the quality standards of “EHI-certified online shop of EHI Retail Institute GmbH”, which can be viewed at http://www.shopinfo.net/haendler/kriterien/index.html.

14.2 The seller meets the Trusted Shops quality standards, which can be viewed at www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf

15) Alternative dispute resolution

15.1 The EU Commission provides the following link to the ODR platform on its website: https://ec.europa.eu/consumers/odr.

This platform is intended to serve as a point of contact for the out-of-court settlement of disputes arising from online purchase and service contracts concluded between consumers and businesses.

15.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.