Zur deutschen Allgemeine Geschäftsbedingungen.
§ 1 Scope, Definitions
(1) ENGiDEERS UG (haftungsbeschränkt), Bruchstraße 259a, 41749 Viersen, Germany (hereinafter referred to as “we” or “VENT.iNG.”) operates an online shop for digital goods on the website https://vent-ing.com. The following terms and conditions apply to all services between us and our customers (hereinafter referred to as “customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed.
(2) “Consumer” in the sense of these terms and conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. “Entrepreneur” is a natural or legal person or a partnership with legal capacity who, at the conclusion of a legal transaction, acts in the exercise of their commercial or self-employed professional activity, where a partnership with legal capacity is a partnership that is capable of acquiring rights and entering into liabilities.
§ 2 Conclusion of Contracts, Storage of Contract Text
(1) The following regulations on the conclusion of the contract apply to orders placed via our online shop at https://vent-ing.com.
(2) Our product presentations on the Internet are non-binding and do not constitute a binding offer to conclude a contract.
(3) Upon receipt of an order in our online shop, the following regulations apply: The customer makes a binding contractual offer by successfully completing the order procedure provided in our online shop. The order process involves the following steps:
- Selection of digital goods,
- Adding products by clicking the corresponding button (e.g., “Add to cart”, “Add to shopping bag”),
- Reviewing the details in the shopping cart,
- Accessing the order overview by clicking the corresponding button (e.g., “Proceed to checkout”, “Proceed to payment”, “View order summary”),
- Entering/checking address and contact details, selecting the payment method, confirming the terms and conditions and cancellation policy,
- Confirming a negative quality agreement if the agreed quality of the goods deviates from their usual quality and usage requirements,
- Completing the order by clicking the “Buy Now” button. This constitutes your binding order.
- The contract is concluded when you receive an order confirmation from us within three working days via email to the provided email address.
(4) In the case of contract conclusion, the contract is made with ENGiDEERS UG (haftungsbeschränkt), Bruchstraße 259a, 41749 Viersen, Germany.
(5) Before placing the order, the contract data can be printed out or electronically saved using the browser’s print function. The processing of the order and transmission of all information required in connection with the contract conclusion, especially the order data, the terms and conditions, and the cancellation policy, takes place via email after you have placed the order. We do not store the contract text after the contract conclusion.
(6) Input errors can be corrected using the usual keyboard, mouse, and browser functions (e.g., the “back button” of the browser). They can also be corrected by canceling the order process prematurely, closing the browser window, and repeating the process.
(7) The processing of the order and transmission of all information required in connection with the contract conclusion is partly automated via email. You must therefore ensure that the email address you have provided to us is correct, that the receipt of emails is technically ensured, and especially that it is not prevented by SPAM filters.
§ 3 Subject of the Contract and Essential Characteristics of the Products
(1) The subject of the contract in our online shop is:
The sale of digital goods, such as software or media downloads. The specific digital goods offered can be found on our product pages.
(2) The essential characteristics of the digital goods can be found in the product description. If the agreed quality of the goods deviates from their usual quality and usage requirements, this will be explicitly stated in the product description (negative quality agreement). If the customer gives their express consent to the negative quality deviation, this defines the subject of the contract.
(3) For the sale of digital products, the restrictions visible in the product description or otherwise arising from the circumstances, especially regarding hardware and/or software requirements for the target environment, apply. Unless expressly agreed otherwise, the subject of the contract is only the private and commercial use of the products without the right to resale or sublicensing.
§ 4 Prices, Shipping Costs, and Delivery
(1) The prices listed in the respective offers as well as the shipping costs are total prices and include all price components, including all applicable taxes.
(2) The respective purchase price is to be paid before the delivery of the product (prepayment), unless we explicitly offer purchase on account. The payment methods available to you are indicated under a correspondingly labeled button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due immediately.
(3) In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective item is stated as being free of shipping costs. The shipping costs will be clearly indicated on the offers, if applicable in the shopping cart system, and on the order overview.
(4) All offered products are, unless clearly stated otherwise in the product description, ready for immediate shipment (delivery time: [place the value for default_delivery_time_text] after receipt of payment).
(5) Delivery is made worldwide.
§ 5 Right of Retention
(1) You can only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.
§ 6 Right of Withdrawal
As a consumer, you have a right of withdrawal. This is governed by our cancellation policy.
§ 7 Contract Language
The contract language is exclusively German.
§ 8 Liability
(1) Subject to the following exceptions, our liability for contractual breaches of duty and tort is limited to intent or gross negligence.
(2) We are liable for slight negligence in the event of injury to life, body, or health or in the event of a breach of an essential contractual obligation without limitation. If we are in delay with the performance due to slight negligence, if the performance has become impossible, or if we have breached an essential contractual obligation, the liability for resulting material and financial damages is limited to the foreseeable damage typical for the contract. An essential contractual obligation is one whose fulfillment makes the proper execution of the contract possible in the first place, whose breach jeopardizes the achievement of the purpose of the contract, and on whose compliance you may regularly rely. This includes, in particular, our obligation to act and fulfill the contractually owed performance, as described in § 3.
(3) If the customer fails to install an update provided to them within a reasonable time, having been informed about its availability, we shall not be liable for any defect that is solely due to the absence of this update.
§ 9 Warranty
(1) The warranty is governed by the statutory provisions.
(2) As a consumer, you are requested to check the goods/digital goods or the service provided immediately upon fulfillment of the contract for completeness, obvious defects, and transport damage, and to notify us and the carrier of any complaints as soon as possible. Failure to do so has no effect on your statutory warranty claims.
§ 10 Final Provisions/Dispute Resolution
(1) German law applies. For consumers, this choice of law applies only to the extent that the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn (favorability principle).
(2) The provisions of the UN Sales Convention expressly do not apply.
(3) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider’s registered office.
(4) The european commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.