The following terms and conditions also contain the legally required information on your rights under the regulations on contracts in distance selling and electronic commerce.
§1 – Preliminary remark and scope
(1) The following general terms and conditions in the respective version at the time of the order apply exclusively to the legal relationships between the operator of the shop (hereinafter “supplier”) and its customers established via this website and the Internet shop.
(2) Deviating general terms and conditions of the customer will be rejected.
(3) Our offer on this website is aimed at commercial customers – i.e. merchants within the meaning of the German Civil Code. We only recognize conflicting or deviating terms and conditions of the customer if we expressly agree to their validity in writing.
(4) These General Terms and Conditions apply to all deliveries of goods and services (books, magazines, loose-leaf works, supplementary deliveries, tables, brochures, software downloads, CD-ROMs, DVDs – online products, training materials, videos and the like). Delivery, billing and further processing are carried out by m-por media GmbH.
(5) Separate terms and conditions apply to services provided as so-called “Software as a Service” (SaaS).
(6) Separate terms and conditions also apply to the provision and operation of storage space – e.g. “SQL Server Cloud”.
(7) In the case of software deliveries – whether as a CD, DVD, download or as an installation on hardware to be delivered (e.g. POS system) – the separate license conditions for the software are part of these GTC.
§2 – Contractual partner
You sign contracts with us
koboldsoft.com
Pöhlauer Strasse 4c
08066 Zwickau
Managing Director: René Friedrich
Telephone: + 49 (0) 1578 – 19 88 631
Email: info@koboldsoft.com
§3 – Offer and conclusion of contract
(1) The presentation of the goods in our online shop does not represent a binding offer by the provider to conclude a purchase contract. The customer is only asked to submit an offer by placing an order.
(2) By submitting the order in the online shop, the customer submits a binding offer aimed at concluding a purchase contract for the goods contained in the shopping cart. By sending the order, the customer also recognizes these terms and conditions as solely relevant for the legal relationship with the provider.
(3) The provider confirms receipt of the customer’s order by sending a confirmation email. This order confirmation does not yet represent the acceptance of the contract offer by the provider. It only serves to inform the customer that the order has been received by the provider. The declaration of acceptance of the contract offer takes place through the delivery of the goods or an express declaration of acceptance.
(4) The order is placed in the following steps:
A) Selection of desired goods and products
B) Confirm by clicking the “Add to cart” button
C) Checking the information in the shopping cart
D) Pressing the “Checkout” button
E) Registration in the online shop after registering and entering the registration details or ordering as a “guest” (one-time order).
F) Re-examination or correction of the entered data.
G) Binding dispatch of the order by clicking the button “Buy now” or “Order with costs”
(5) The consumer can cancel the ordering process by closing the internet browser before the order is bindingly sent.
§4 – Right of Withdrawal
(1) Information on the right of withdrawal
Consumers within the meaning of § 13 BGB have a right of withdrawal. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity.
(2) In order to exercise your right of withdrawal, you must be a consumer within the meaning of the German Civil Code and inform us of your decision to withdraw from this contract in writing. This declaration is e.g. an email, a letter sent by post or a fax to:
m-por media GmbH
Maik Polenz
Sachsenstr. 13
D-45665 Recklinghausen
Email kontakt@faktura-xp.de
§5 – Maturity and Payment
(1) Payment of the purchase price is due upon conclusion of the contract.
(2) Invoices can no longer be objected to after two weeks have elapsed after receipt by the customer. A complaint must be made in writing. Each invoice is to be paid immediately upon receipt by the customer without any deductions. A request for an advance payment does not require that the services for which the advance payment is requested are documented by a list that enables the services to be assessed quickly and reliably.
(3) The delivered goods remain our own until full payment has been made