General Business Terms
The following general terms and conditions apply to deliveries made by soft Xpansion GmbH & Co. KG to the customer. The customer confirms that he or she has been made aware of and agrees to the terms and conditions.
All deliveries and services of soft Xpansion GmbH & Co. KG that fulfill orders made by the customer are subject to these terms and conditions. Modifications or extensions to this agreement require the express written consent of soft Xpansion GmbH & Co. KG; this also applies to the removal of the requirement for written consent.
2. Conclusion of Contract
The customer’s order is a binding offer of contract. An automatic order confirmation will be promptly sent to the customer. However, the contract only takes effect once the product or products have been shipped and according the conditions noted on the packing slip or cover letter. Please check the order confirmation for errors and contact us immediately if something is incorrect. In the case of a mutually concluded contract, the conditions of this contract are in effect.
3. Prices and Shipping Costs
Unless otherwise agreed, the following provision applies: the price includes the value-added tax mandated by the Federal Republic of Germany, if applicable.
Delivery will be rendered to the delivery address supplied by the customer. soft Xpansion GmbH & Co. KG reserves the right to make partial deliveries. Goods that are in stock will be shipped within two to three working days. Goods that are not in stock are shipped within ten days. These shipping schedules are non-binding. If a delivery is not possible within two weeks of placing the order, the customer, unless otherwise agreed, can cancel the order.
5. Payment Conditions
Payment may be rendered as a pre-payment via bank transfer or via credit card, PayPal, direct debit, C.O.D. or by invoice. In the event that pre-payment via bank transfer is selected, the bank account and routing information will be included in the order confirmation. The amount of the invoice must be transferred to our account within 10 days. The customer can only exercise the right to refuse performance until counter-performance is effected if the claims come from the same contractual relationship. In general, the goods are paid for in advance and delivery occurs after receipt of payment.
In case of intention or gross negligence, also on part of any persons assisting soft Xpansion in the performance of their obligations, soft Xpansion shall be liable in accordance with the applicable laws.
- The same shall apply in case of a damage caused by negligent violation of life, body or health.
- In case of a damage to property or a financial damage, soft Xpansion as well as any persons assisting soft Xpansion in the performance of obligations, shall only be liable in case of breach of an essential contractual obligation, subject, however, to a maximum amount equal to the damage which was foreseeable at the time of conclusion of the contract and typical for the contract; essential contractual obligations within the aforesaid meaning are such obligations the fulfilment of which is a prerequisite for performance of the contract and which the other party may generally expect to be complied with.
- Liability according to the German Product Liability Act and the German Equipment and Product Safety Act remain unaffected.
- Software products may contain data and legally binding standards with a validity that is time limited or will be replaced by revisions to be acquired.
- Licensing terms may contain deviating regulations regarding warranty and liability. These take precedence over these General Terms and Conditions.
7. Reservation of Proprietary Rights
Until the full purchase price has been paid, the goods remain the property of soft Xpansion GmbH & Co. KG.
8. Cancellation Policy
Right of Revocation
You can rescind your declaration of agreement within 14 days in written form (e.g., letter, e-mail) without stating a reason or – if you receive the goods before the cancellation period expires – by sending them back. The period begins with the receipt of this notice in written form but not before the recipient has received the goods (in the case of recurring deliveries of goods of the same kind, not before the first such delivery) and not before the fulfillment of our obligations to inform according to Article 246 § 2 in conjunction with § 1 paragraphs 1 and 2 EGBGB as well as our obligations according to § 312e paragraph 1 clause 1 BGB in conjunction with Article 246 § 3 EGBGB. Sending the revocation or the goods within the cancellation period is sufficient to effect the cancellation. The revocation must be sent to:
soft Xpansion GmbH & Co KG
Fax: +49 234 2984172
The right of revocation does not apply to deliveries of sealed software, audio or video recordings if the customer has broken the seal on the data storage medium (e.g., removed the shrink-wrap or broke the seal) nor does it apply to programs delivered via digital download.
Consequences of Revocation
In case of a valid revocation, all mutually received performances as well as emoluments taken (e.g. interest), if applicable, are to be restituted by either side. If you are unable or partially unable to restitute the merchandise to us or can only restitute it in a deteriorated condition, then you have to compensate us for its value where applicable. This does not apply if the deterioration is exclusively due to examining the merchandise – as one would in a retail store – or putting the merchandise to its intended use. Things that can be shipped by parcel are to be returned at our risk. Things that cannot be shipped by parcel will be picked up. You are obliged to bear the costs of the return shipment if the merchandise delivered corresponds to the merchandise ordered and if the price of the merchandise to be sent back does not exceed an amount of forty euros or if, in the event that the price is higher, you have at the date of the revocation not yet rendered consideration or given a part payment. In all other cases, the return shipment is free of charge. All reimbursement obligations must be fulfilled within 30 days of the declaration of revocation. The period begins for you when you send your revocation or the goods; for us it begins with their receipt.
Download versions of software and/or login data/product keys/licenses are considered to be received in the sense of the cancellation policy if:
- The software or login data/product key/license is sent to the customer via e-mail or
- The customer took advantage of the opportunity to download it.
9. Data Protection/Cookies
We only use your personal data to fulfill your order. We save and process all customer data according to the relevant provisions of the Federal Data Protection Act (BDSG) and the Tele Services Data Protection Act (TDDSG). You have the right to be informed about your data as well as to have it corrected, locked or deleted at any time, free of charge. We will not provide your personal data, including our address and e-mail address, to third parties without your express consent, which you can revoke at any time, with the exception of our service partners who require that data in order to fulfill your order (e.g., logistics companies responsible for delivering your order or credit institutes responsible for processing your payment). In such cases, the data transmitted is limited to the minimum required. We use technological and organizational security measures to protect the data we administer from intentional or unintentional manipulation, loss or destruction and against access by unauthorized persons.
We transmit credit card information via 128 Bit SSL (Secure Socket Layer) encryption to a payment gateway that is directly connected to the credit card processor. The data are verified online. Your card is not charged until the goods are shipped.