General terms and conditions for the online shop (GTC shop) of ComputerBUTLER Germany UG (limited liability)
Preamble
These shop terms and conditions regulate the sale of standardized services, subscriptions, digital goods and hardware (hereinafter “products”) via the ComputerBUTLER online shop. They supplement the main General Terms and Conditions of ComputerBUTLER for project business.
§ 1 Scope and entrepreneurial status
(1) These shop terms and conditions apply exclusively to all contracts concluded via the ComputerBUTLER online shop.
(2) Important note: The offer in the online shop is based on: exclusively to entrepreneurs within the meaning of § 14 BGB, legal entities under public law or special funds under public law. There is no sale to consumers (§ 13 BGB).
(3) By submitting his order and by actively ticking the check-out process, the customer confirms that he is acting as an entrepreneur and not as a consumer. ComputerBUTLER is entitled to request appropriate proof (e.g. by providing the VAT ID number).
(4) Any conflicting or deviating terms and conditions of the customer do not apply. A statutory right of withdrawal for distance selling contracts is excluded for entrepreneurs.
§ 2 Conclusion of contract in electronic commerce
(1) The presentation of the products in the online shop does not constitute a legally binding offer, but rather a non-binding invitation to place an order (invitatio ad offerendum).
(2) By clicking the “Order for a fee” button (or a corresponding clear wording), the customer makes a binding offer to purchase the products in the shopping cart.
(3) The contract is only concluded when ComputerBUTLER accepts this offer. Acceptance occurs through a separate order confirmation via email or through the actual provision or activation of the purchased product, but no later than within two (2) working days of receipt of the order. ComputerBUTLER reserves the right not to accept an offer, especially if the price stated in the online shop was based on an obvious error (e.g. typographical or calculation errors). The automatically sent order confirmation only documents receipt of the order and does not constitute acceptance of the contract.
(1) Area of application:These General Terms and Conditions regulate the entire business relationship between ComputerBUTLER and the customer. They also apply in their currently valid version to all future contracts for the provision of services without the need for further reference. ComputerBUTLER's offer is aimed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law or special funds under public law.
(2) Exclusivity:These terms and conditions apply exclusively. Conflicting, deviating or supplementary general terms and conditions of the customer do not become part of the contract unless ComputerBUTLER expressly agrees to their validity in text form. This consent requirement applies in all cases, for example even if ComputerBUTLER carries out the service to the customer without reservation in the knowledge of the customer's general terms and conditions.
(3) Conclusion of contract:Offers from ComputerBUTLER are subject to change and non-binding unless expressly marked as binding. The commissioning of services by the customer represents a binding contractual offer. The contract is concluded when ComputerBUTLER accepts this offer. Acceptance can occur either through an express declaration in text form (e.g. order confirmation by email) or through the actual start of the service provision. ComputerBUTLER can accept an offer from the customer within fourteen (14) days of receipt.
(4) Ranking of contract documents:If and to the extent that the provisions of the various contractual documents conflict with one another, the following order of precedence applies (the higher-ranking provision takes precedence over the lower-ranking one):
- The individual agreement in the offer or in the order confirmation;
- The respective order processing agreement (AVV);
- The respective specific service and business conditions (LGB);
- These General Terms and Conditions (GTC).
The customer's general terms and conditions do not apply and do not become part of the contract.
§ 3 Scope of services: Subscriptions, service packages and digital goods
(1) Deployment: Digital goods, subscriptions and service packages are made available to the customer after conclusion of the contract by activation in his customer account or in another suitable digital way. There is no entitlement to the transfer of source codes.
(2) Subscription duration: The initial term of a subscription (e.g. 1 month or 12 months) is stated on the respective product page in the shop.
(3) Automatic renewal: Unless otherwise stated, subscriptions will automatically renew after the end of the initial term for the duration of the original term (e.g. an additional month or an additional 12 months) unless canceled by a party with the notice period specified on the product page at the end of the respective term.
(4) Cancellation: Termination must be in text form and can be made via the customer account or by email to ComputerBUTLER. The right to extraordinary termination for good cause remains unaffected.
§ 4 Sale of hardware
(1) The regulations apply to the sale of hardware § 6a (retention of title) in accordance with the main General Terms and Conditions of ComputerBUTLER. The goods remain the property of ComputerBUTLER until full payment has been made.
(2) Stated delivery times are non-binding unless expressly marked as binding. Shipping is at the customer’s risk; The risk is transferred to the customer when the goods are handed over to the transport company.
§ 5 Remuneration, payment conditions and default
(1) The prices stated in the online shop at the time of the order apply. All prices are net in euros plus statutory sales tax.
(2) Payment of the remuneration is due immediately upon conclusion of the contract. Recurring subscriptions are billed at the beginning of the billing period (e.g. monthly or annually in advance).
(3) The available payment methods (e.g. credit card, PayPal, SEPA direct debit) are displayed in the shop. ComputerBUTLER uses external payment service providers to process payments.
§ 6 Rights of use
(1) The customer receives a simple, non-exclusive, non-transferable and non-sublicensable right to use the purchased digital products and subscriptions for their own business purposes.
(2) The right of use is limited to the duration of the paid contract term of the subscription. The right of use expires upon termination of the contract.
(3) The regulations of § 7 (Granting of rights and restrictions on use) ComputerBUTLER's main general terms and conditions apply accordingly.
§ 7 Liability
The § 10 (Liability) the main general terms and conditions of ComputerBUTLER Germany UG (limited liability) in their currently valid version applies fully and unrestricted also for all contracts concluded via the online shop. It is hereby made an integral part of these shop terms and conditions.
§ 8 Warranty
(1) ComputerBUTLER guarantees that the contractual condition of the digital products will be maintained for the duration of the paid contract term.
(2) Otherwise, the regulations apply § 9 (Liability for Defects) in accordance with the main General Terms and Conditions of ComputerBUTLER. The warranty period is twelve (12) months.
§ 9 Data protection
The data protection declaration published on the ComputerBUTLER website applies to the processing of personal data as part of shop operations. If the customer has personal data processed on behalf of the customer when using the purchased products, a separate order processing agreement (AVV) must be concluded.
§ 10 Final provisions
(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The exclusive place of jurisdiction for all disputes is Berlin.
(3) If individual provisions of these General Terms and Conditions Shop are ineffective, the effectiveness of the remaining provisions remains unaffected.