This website (agm-software.com) is the property of AGM Software OÜ ( Harju maakond, Tallinn, Lasnamäe linnaosa, Sepapaja tn 6, 15551 ) (“the seller”, “we” or “AGM Software OÜ”).
We inform you that the personal data collected on the site will under no circumstances be distributed to third parties, nor will it be sold, rented or lent. In accordance with the law, you have the right to access, modify, rectify and delete any data concerning you (art. 34 of the French Data Protection Act of January 6, 1978). You may request to exercise this right at any time, either by contacting us via live chat or the firstname.lastname@example.org e-mail address, or by sending us a letter to the editor’s address.
1) Scope of application
1.1 These general terms and conditions of sale (hereinafter referred to as “GTC”) of AGM Software OÜ apply to all contracts concluded between the seller and a contractual party (hereinafter referred to as “the customer”), and relating to the sale, delivery or temporary transfer of various digital content, digital products or non-digital products (all hereinafter referred to as “products”). Insofar as the Seller also offers services, these are provided exclusively as ancillary services to the aforementioned sales contracts. Any terms and conditions of the customer which deviate from, contradict or supplement these terms and conditions shall only become an integral part of the contract if and insofar as the seller has expressly agreed to their entry into force. Tacit acceptance of the customer’s General Terms and Conditions by the seller through conclusive behaviour is excluded. This requirement for approval applies in all cases, even if, for example, the seller unconditionally provides services to the customer with knowledge of the customer’s GTCB.
1.2 These GTC apply to both consumers and businesses. Unless otherwise stated in the GTC below, all terms and conditions apply to both business and consumer contracts. If certain conditions do not apply (or only apply in modified form) to consumers, this is expressly stated.
1.3 If the customer is a company, these GTC also apply to future contractual relationships between the customer and the seller.
1.4 According to these GTC, digital content includes digital offers that are not digital products, i.e. access codes, product keys or other digitally available information.
1.5 According to these GTC, digital products are software products without a physical medium, which the seller provides by immaterial means, via download – where applicable, by granting certain rights of use within the framework set out in paragraphs 5 and 6.
1.6 In accordance with these GTC, non-digital products include software on a physical medium, which is supplied by the seller as a commodity – where applicable, by granting certain rights of use within the scope of paragraphs 5 and 6 – as well as all kinds of comparable physical goods.
1.7 By placing an order in accordance with paragraph 2.2 below, the customer accepts these GTC.
2) Conclusion of contract
2.1 In the case of purchases in the seller’s online store, the contract is not concluded by placing an order. The customer’s order is more akin to the submission of an offer for the conclusion of a contract. Prices, quotations and descriptions of products or other services mentioned by the seller in its online store are not actual offers.
2.2 When a purchase is made on one of the online shops, the contract is concluded when the customer places the order.
2.3 Before validating the order via the seller’s online order form, the customer can still avoid any possible input errors by carefully reading the information displayed on the screen. An effective technical means of detecting typing errors is the browser’s zoom function, which increases the size of the font displayed on the screen. As part of the electronic ordering process, the customer can correct his or her input at any time using the usual keyboard and mouse functions – right up to the moment when he or she clicks on the button finalizing the ordering process.
2.4 Order confirmation does not constitute acceptance by the seller of the offer submitted by the customer. A contract between the purchaser and the customer is only concluded by subsequent action on the part of the seller in accordance with paragraph 2.5.
2.5 The seller may accept the customer’s offer within five days.
If more than one of the above alternatives exists, the contract is concluded at the time when one of the alternatives occurs first.
2.6 The period for acceptance of the offer within the meaning of paragraph 2.5 runs from the day following the day on which the offer was submitted by the customer and expires at the end of the fifth day following submission of the offer. If the seller does not accept the customer’s offer before the end of the aforementioned period, the offer is deemed to have been rejected and the customer is no longer bound by the consumption provided for in the contract in question.
2.7 Contracts are concluded exclusively in French.
2.8 If the customer provides an e-mail address for the execution of the contract, he is obliged to ensure that e-mails sent by the seller can be delivered to this address. This applies in particular to spam filters, the correct configuration of which is the responsibility of the customer, who is obliged to ensure that e-mails sent by the seller or by third parties responsible for processing the order can be delivered. The seller or the third party responsible for processing the order undertakes to design the e-mails in such a way that they are not given (in particular, by the textual model chosen) an appearance objectively likely to make them appear to be unsolicited messages.
3) Purpose of the contract
3.1 The seller supplies products to the customer. It provides services only as ancillary services to contracts for the supply of products. In such cases, the agreed type of service is decisive. To provide the agreed services, the seller uses its own employees, subcontractors or other third-party agents.
3.2 In the case of a contract for the supply of non-digital products, the Seller’s performance is based on the description given in the Seller’s online store or on the relevant merchant site. In doing so, the seller refers to the retention of title provisions set out in paragraph 10. In the case of a contract for the supply of software (hereinafter referred to as “software purchase”), the seller undertakes to transfer to the customer the software referred to in the license certificate on a permanent basis. The seller undertakes to transfer a copy of the software on a suitable medium – such as a CD-ROM, BluRay disc, USB stick or via a download link. Until the purchase price has been paid in full in accordance with paragraph 8, all data carriers and user documentation remain the property of the seller. The product description in the seller’s online store or on the relevant merchant site is decisive for the type of software to be supplied. The seller also undertakes to provide the rights granted in accordance with paragraph 4.
3.3 In the case of a contract for the supply of digital products, the seller undertakes to:
a) in the case of the purchase of software, ensure the definitive transfer of the software distributed in object code, in accordance with the license certificate. The seller is obliged to indicate how the software can be downloaded, and to provide a printed or downloadable version of the associated user documentation. Prior to full payment of the purchase price in accordance with paragraph 8, the user documentation supplied is subject to the seller’s reservation of ownership. The product description in the seller’s online store or on the relevant merchant site is decisive for the type of software to be supplied. The seller is also liable for the rights granted in accordance with paragraph 4;
b) in the case of contracts for the temporary transfer of software (hereinafter referred to as “software leasing”), to ensure the temporary transfer of the software distributed in object code form, in accordance with the license certificate. The seller is obliged to indicate how the software can be downloaded, and to provide a printed or downloadable version of the associated user documentation. Prior to full payment of the purchase price in accordance with paragraph 8, the user documentation supplied is subject to the seller’s reservation of ownership. The product description in the seller’s online store or on the relevant merchant site is decisive for the type of software to be supplied. The seller is also liable for the rights granted in accordance with paragraph 5.
3.5 The Seller is only obliged to provide services as contractual or post-contractual ancillary services within the scope of the aforementioned main performance obligations and only if the services concerned have been expressly agreed with the customer.
3.6 Delivery of the subject matter of the contract is effected in accordance with the provisions of paragraph 9.
3.7 In the event that the Seller’s performance of its contractual services is hindered or entirely excluded by the Customer’s employees, documents, data or equipment not being available in an appropriate or sufficient manner, or by the Customer’s failure to meet its obligations to cooperate, including adherence to deadlines, the Seller is entitled to charge the Customer for any additional costs incurred.
3.8 If the customer is a company, correct and timely delivery by the seller’s own suppliers remains reserved, provided that the seller is not responsible for the delay or inadequacy of the delivery in question.
3.9 In compliance with the provisions of the Court of Justice of the European Union since the UsedSoft GmbH vs. Oracle International Corp. judgment, dated July 3, 2012 (case c-128/11), AGM Software OÜ declares:
- That the Product was acquired by AGM Software OÜ under a contract with its suppliers ensuring its authenticity and legality;
- That the Product is not a trial or temporary version, that it is a definitive version;
4) Rights granted in software purchase contracts
4.1. This paragraph 4 applies exclusively to contracts for the purchase of software in accordance with paragraphs 3.2 and 3.3 a).
4.2 Upon full payment of the purchase price in accordance with paragraph 8, the customer receives the right to use the product on an unlimited, non-exclusive basis to the extent provided for in the contract. As a provisional measure, the seller may authorize the use of the product before this date. The number of individuals using the product simultaneously may in no case exceed the maximum quantity assigned to the products purchased by the customer. Authorized use includes installation, loading the software into RAM, and the use for which the product is intended. Under no circumstances may the customer rent or sublicense the purchased product, distribute it or make it available to the public, whether by wire or wireless means, or transmit it to third parties, whether in return for payment or free of charge. Paragraph 4.5 remains unaffected.
4.3 The customer is entitled to create a backup copy of the software, if this is necessary to secure further use.
4.4 Decompilation and reproduction of the software by the customer is only permitted within the scope of the applicable law. However, this authorization is only valid on condition that the seller has not provided the customer with the information required in this respect within a reasonable period of time.
4.5 The customer may transfer the software he has purchased to a third party, handing over the associated documentation. In such a case, use of the software becomes null and void, and all copies of the software installed on the customer’s computers, as well as all those stored on other media, are to be deleted or returned to the seller, unless legal obligations require retention beyond this term. At the seller’s request, the customer will confirm in writing that the above-mentioned measures have been fully implemented, or – if applicable – explain the reasons for prolonged storage. In addition, the customer undertakes to expressly agree with the third party concerned that the scope of the rights granted within the framework defined in this paragraph 4 is to be observed. Software packages purchased in volume may under no circumstances be split up.
4.6 If the use of the software exceeds – either qualitatively (with regard to the type of use authorized) or quantitatively (with regard to the number of users) – the extent of the rights of use acquired when the product was purchased, the customer undertakes to purchase, as soon as possible, the products required for the authorized use. Should the customer fail to do so, the seller will assert its rights.
4.7 Under no circumstances may copyright notes, serial numbers or any other information contained in the software and contributing to the identification of the program be removed or modified.
4.8 The license key supplied authorizes the customer to use the software or content specified in the respective product description to the extent described therein. Product keys are not licenses; they serve only to enable customers who have already received a right of use (license) for a computer program to install and activate it.
4.9 In the event that the product ordered is out of stock, the customer agrees that the seller may supply a superior version of the product if available, at no additional charge.
5) Rights granted in software rental contracts
5.1 This paragraph 5 applies exclusively to contracts for the temporary assignment of software in accordance with paragraph 3.3 b).
5.2 Upon full payment of the purchase price in accordance with paragraph 8, the customer receives the right to use the product on a non-exclusive, non-transferable, non-sublicensable basis and limited to the duration of the relevant contract, to the extent provided for in said contract and the associated license certificate. As a provisional measure, the seller may authorize the use of the product before this date. The limit of the temporary assignment contract is determined by the respective indications in the seller’s online store or on the relevant merchant site, or by the choice made by the customer prior to conclusion of the contract. Authorized use includes installation, loading the software into RAM, and the use for which the product is intended. Under no circumstances may the customer rent or sublicense the purchased product, distribute it or make it available to the public, whether by wire or wireless means, or pass it on to third parties, whether in return for payment or free of charge.
5.3 The customer is authorized to create a backup copy of the software if this is necessary to secure further use.
5.4 Decompilation and reproduction of the software by the customer is only permitted within the scope of the applicable law. However, this authorization is only valid if the seller has not provided the customer with the necessary information within a reasonable period of time.
5.5 With the exception of the cases mentioned in paragraphs 5.1 to 5.3, the customer is not authorized to reproduce the software.
5.6 The customer is not authorized to make the software supplied to him available to third parties; this also applies to any other copies made by him. In particular, the software may not be transferred, lent, rented or sub-licensed, nor may it be distributed or made publicly accessible.
5.7 If the customer breaches any of the above provisions, all rights of use granted under the relevant contract shall immediately lapse and automatically revert to the seller. In such a case, the customer must immediately terminate use of the software, delete all copies of the software installed on its computer systems and erase or return to the seller any back-up copies made by it.
6) Customer’s obligations
6.1 The customer is obliged to implement sufficient protective measures to prevent unauthorized third parties from gaining access to the purchased products. This applies in particular to copies of digital content, which must be stored in a secure location, unless otherwise stipulated in the contract concluded or in any associated user documentation or license certificate.
6.2 The customer must appoint a contact person whose declarations in connection with the execution of the contract and whose actions are binding on the customer. This regulation does not apply to consumers.
6.3 Before and during the conclusion of the contract in question, the customer is obliged to inform the seller of all circumstances and procedures relevant to the contractual act, insofar as they are necessary and decisive for the preparation and execution of the said contract. This regulation does not apply to consumers.
6.4 The customer undertakes, to the best of his knowledge and belief, to support the seller in the performance of the contract and to contribute to the establishment of the conditions necessary for the proper performance of the contract. In particular, the customer undertakes to provide the seller with all documents, data and information required to perform the contractual obligations in the required form. To this end, the customer is obliged to inform its employees in good time of forthcoming deliveries or other services to be provided by the seller.
7) Right of withdrawal
7.1 The consumer has a right of withdrawal.
8) Prices and terms of payment
8.1 Unless otherwise specified in the Seller’s product description, prices quoted are total prices including the statutory value-added tax. Any additional shipping and delivery costs are specified separately in the relevant product description.
8.2 For deliveries outside the European Union, additional costs may be incurred in certain cases, which are not the responsibility of the seller and are to be borne by the customer. These may include costs associated with the transfer of the amount due via credit institutions (e.g. bank transfer charges or exchange fees), or fiscal or customs costs (e.g. customs duties). Such additional costs for the transfer of funds may also be charged when delivery is not made to a country outside the European Union, but the customer makes payment from a country outside the European Union.
8.3 The customer is informed of the payment method(s) in the seller’s online store or on the relevant merchant site.
8.4 If advance payment by bank transfer has been agreed, such payment is due immediately on conclusion of the contract, unless the parties have agreed a different due date.
8.5 In the event of payment using the PayPal (Europe) S.A.R.L. et Cie, S.C.A. payment service, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), payment shall be processed in accordance with PayPal’s terms and conditions of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full – or, if the customer does not have a PayPal account, in accordance with the general terms and conditions for payments without a PayPal account, available at https://www.paypal.com/webapps/mpp/ua/privacywax-full.
8.6 In the case of payment by credit card, the amount will be debited as soon as the order has been finalized.
9) Shipping and delivery conditions
9.1 Unless otherwise agreed by the parties, products are shipped to the delivery address indicated by the customer. The delivery address provided to the seller when the order is processed is decisive for the processing of the transaction.
9.2 If the distribution service returns the products dispatched to the seller because delivery to the customer was not possible, the customer is responsible for bearing the resulting costs. This does not apply if delivery fails as a result of the customer exercising a valid right of withdrawal, if the customer cannot be held responsible for the circumstances which caused delivery to fail, or if the customer has been temporarily prevented from taking delivery of the service, unless the seller has notified the customer within a reasonable period of time of the delivery of the said service.
9.3 For logistical reasons, the customer may not collect the products himself.
9.4 Digital content is transferred to the customer in electronic form via a download link. Product keys are sent to the customer by e-mail and on the confirmation page that payment has been made.
10) Reservation of title
10.1 Non-digital products delivered to the customer remain the property of the seller until full payment of the purchase price due (retention of title).
10.2 The customer is obliged to store the non-digital products supplied by the seller and to treat them with care. When storing goods, the customer is obliged to indicate that the said products are the property of the seller, in particular by clearly separating them from other items in stock. This clause does not apply to consumers.
10.3 In the event of seizures or other interventions by third parties, the customer must inform the seller in writing as soon as possible.
10.4 The customer has the right to resell the non-digital products within the scope of proper business activities; their pledging or transfer by way of security is, however, excluded. The customer hereby assigns to the seller all claims up to the amount of the final invoice amount related to the seller’s claim, which accrue to him in connection with the resale to future purchasers or third parties. To the same extent as the retention of title clause in paragraph 10.1 of these GTC, the aforementioned assignment is intended to protect the said claim. The customer remains entitled to collect these claims even after the said assignment. However, the seller is entitled to collect the receivables itself if the customer fails to meet his payment obligations, is in default of payment, applies for the opening of insolvency proceedings or if the customer definitively suspends payments. In such cases, the seller may revoke the authorization to collect the debt. In addition, the seller may require the customer to inform it, as soon as possible, of the assigned claims and their debtors, and to provide it with a written declaration of assignment as well as all documents and information necessary for the collection of the claim. This clause does not apply to consumers.
10.5. If the non-digital products delivered by the seller are combined with, or interwoven into, other movable property, and thus become part of a homogeneous whole, the customer undertakes to transfer to the seller the customer’s share of co-ownership of the homogeneous whole. The customer hereby assigns to the seller all claims up to the amount of the final invoice relating to the seller’s claim, which accrue to the customer in connection with the resale of goods co-owned by the seller; the seller accepts this assignment. The provisions of paragraph 10.4 sentence 3 ff. apply accordingly. This clause does not apply to consumers.
10.6 If the customer uses the non-digital products supplied by the seller in such a way that they become an integral part of a new good, the seller’s ownership is transformed into partial ownership of the product thus produced. The customer hereby assigns to the seller all claims up to the amount of the final invoice amount relating to the seller’s claim, which accrue to the customer in connection with the resale to future purchasers or third parties. The provisions of paragraph 10.4 sentence 3 ff. apply accordingly. This clause does not apply to consumers.
10.7 If the securities to which the seller is entitled exceed the secured claims by more than 20%, the seller is obliged, at the customer’s request and at the seller’s discretion, to release the securities exceeding the aforementioned limit.
11) Guarantee for contracts under paragraphs 3.2, 3.3 a) and 3.4
11.1 The provisions of this paragraph 11 apply to contracts concluded under paragraphs 3.2, 3.3 a) and 3.4.
11.2 Claims against the Seller for material defects are subject to a limitation period of one year from the transfer of risk, insofar as they relate to new products or new services. This clause does not apply if longer periods are provided for by law. This clause does not apply to consumers.
11.3 In the case of delivery of used products, the warranty for hidden defects is excluded – subject to statutory provisions and other existing agreements. This clause does not apply to consumers.
11.4 All information concerning products, whether expressly agreed in writing or not, are only descriptions of characteristics, and not guarantees, assured properties, contractually intended uses, or the like. Apparent errors (typographical errors, errors of calculation, errors of form, etc.) in notes, protocols, instructions for use, calculations, brochures, in the seller’s online store, etc. may be corrected at any time by the seller. Any recourse for the removal of such apparent errors is excluded.
11.5 With regard to the Seller’s deliveries, it is the responsibility of merchants, in any event, to inspect the purchased item and to notify the Seller of any defects they discover, in accordance with the legal framework. If a delivery is made on behalf of an intermediary directly to a consumer, the commercial obligation to notify also applies without restriction. This clause does not apply to consumers.
11.6 If the customer refuses the seller’s delivery for any reason other than a substantial defect which restricts or prohibits its use, despite the fact that the seller has declared its commitment to perform the contract concluded, the customer is in default of acceptance. Acceptance of delivery cannot be refused on the grounds of insignificant defects.
11.7 Excluded from the warranty are defects caused by inappropriate use, modifications to system components in breach of the contractual principles, as well as defects caused by the use of unsuitable organizational means, use in a hardware or software environment which does not meet the requirements specified in the license certificate, unusual operating conditions or interventions in the systems by the customer or third parties. If the products are used with third-party devices, a warranty for functional and performance defects is only granted if these defects also occur independently of the third-party devices concerned, or if compatibility with these has been contractually agreed.
11.8 If a delivery is defective, the seller may, at his discretion, carry out subsequent performance by remedying the defect (repair) or by delivering a defect-free item (replacement). In the latter case, the customer is obliged to return the defective products at the seller’s request, in accordance with the applicable legal provisions. If the customer is a consumer, the above sentence shall apply, it being understood that uses cannot be assigned or replaced by their actual value. The customer is obliged to give the seller the time and opportunity for subsequent performance, in particular subsequent improvement.
11.9 In the event of a proven defect, and in accordance with statutory provisions, the seller shall bear the costs incurred in the course of verification procedures and subsequent fulfilment of contractual obligations; in this case, the costs of transport, travel, labour and materials. In the event that a complaint of a hidden defect proves to be unjustified, the seller is entitled to demand reimbursement of the costs of subsequent performance from the customer, unless the complaint is not attributable to the customer. If subsequent performance fails, if the seller definitively and irrevocably refuses subsequent performance, if subsequent performance is not acceptable to the customer, the customer may, without prejudice to any existing claims for compensation, rescind the contract or reduce the corresponding consideration.
11.10 In the event of insignificant deviations from the agreed quality, in the event of negligible deterioration in functionality, in the event of natural wear and tear or damage resulting from improper or negligent handling or storage, excessive use, unsuitable equipment or external factors not provided for in the contract, the customer shall not be entitled to assert rights and claims under the warranty for hidden defects. If subsequent performance fails and the customer is still entitled, on the one hand, to demand further subsequent performance and, on the other hand, to assert his legal rights, the seller may request the customer to assert his rights within a reasonable period of time. In this case, the customer is obliged to inform the seller in writing (e.g. by e-mail, fax or letter). The deadline is met if the customer’s declaration reaches the seller before the deadline expires. If the customer does not assert his rights in good time, he will be entitled to assert these rights, in particular the right to withdraw from the contract or to claim compensation instead of performance, only and only if a reasonable new deadline set by him for subsequent performance has expired without success. This clause does not apply to consumers.
11.11 The customer’s right of recourse against the seller shall only apply in the event that the customer concerned has not entered into an agreement with its purchaser which exceeds the applicable statutory warranty rights. This clause does not apply to consumers.
11.12 The shortened limitation period and the exclusion of liability provided for in paragraph 11 of these GTC shall not apply in the event of intentional or negligent injury to life, limb or health, in the event of deliberate breach of duty or gross negligence on the part of the seller, in the event of fraudulent concealment of a defect, in the event of a relevant warranty concerning the quality of the products or in the event of claims under the Product Liability Act.
11.13 Insofar as, under this contract, the Seller provides updates, upgrades, new program versions or other new content in connection with the subject matter of the original contract, this paragraph 11 shall apply mutatis mutandis.
11.14 In the event of legal defects, the provisions of this paragraph 11 apply accordingly.
12) Warranty for contracts under paragraph 3.3 b)
12.1 The provisions of this paragraph 12 apply to contracts concluded under paragraph 3.3 b).
12.2 In the event of material defects, the customer is entitled to assert his rights in accordance with applicable law. Where applicable, the customer is obliged to inform the seller of any material defects as soon as possible.
12.3 The customer has no right whatsoever to demand immediate termination (breach of contract) of a given contract on the basis of the seller’s refusal to grant the contractually agreed use. This provision does not apply in the event of fraudulent misconduct on the part of the seller, or in the event of a delay in delivery attributable to the seller.
12.4 The customer is not entitled to assert rights and claims in respect of hidden defects in the following cases: the software is used improperly or abusively; the software has been modified or altered without the prior written consent of the seller; problems or errors arise as a result of use in a hardware or software environment which does not comply with the technical requirements described in the license certificate – unless the customer can demonstrate that the defect is caused by the software itself.
12.5 In the event of insignificant deviations from the agreed quality, in the event of negligible deterioration in functionality, in the event of natural wear and tear or damage resulting from improper or negligent handling or storage, excessive use, unsuitable equipment or external factors not provided for in the contract, the customer shall not be entitled to assert rights and claims under the warranty for hidden defects.
12.6 The exclusion of liability provided for in paragraph 12 of these GTC shall not apply in the event of intentional or negligent injury to life, limb or health, in the event of deliberate breach of duty or gross negligence on the part of the seller, in the event of fraudulent concealment of a defect, in the event of a relevant warranty concerning the quality of the products or in the event of claims under the Product Liability Act.
12.7 Insofar as, under this contract, the Seller provides updates, upgrades, new program versions or other new content in connection with the subject matter of the original contract, this paragraph 12 shall apply mutatis mutandis.
12.8 In the event of legal defects, the provisions of this paragraph 12 apply accordingly.
13) “100% money-back guarantee”: guarantee clause
The warranty is valid for a maximum of 2 years from the invoice date. Exceptions to this rule are products with a limited lifespan. For these products, the warranty period is limited to the respective lifetime. If proof is provided that the product was purchased from AGM Software OÜ, and written confirmation is provided that the product is no longer in use and has not been passed on to third parties, then the amount paid will be refunded in full, without the need for further proof. The refund will be made 14 days after AGM Software OÜ has received the required documents (proof of purchase and written confirmation).
14) Liability for other breaches of contract
14.1 In the case of breaches of contractual obligations other than material or legal defects in accordance with paragraphs 11 and 12, the seller is liable for intentional or grossly negligent conduct on the part of its organs or vicarious agents and – irrespective of the degree of culpability – for damage resulting from injury to life, limb or health.
14.2 The Seller shall also be liable for minor negligence on the part of its vicarious agents, in the event of impossibility of performance, delay in performance, breach of warranty or breach of any other essential contractual obligations. Essential contractual obligations are those whose fulfillment in itself is necessary for the proper performance of the contract, and which the other party is entitled to expect to be respected. In such cases, the Seller’s liability is limited to the typical damage which the Seller could reasonably have foreseen at the time the contract was concluded.
14.3 Any liability of the seller beyond the cases of liability described in paragraphs 12.1 and 12.2 – irrespective of the legal basis – is excluded. This applies in particular to all claims arising from the breach of contractual obligations, as well as to any liability in tort, but does not apply to claims arising from damage caused at the time of conclusion of the contract.
14.4 The seller accepts no liability for loss of data during testing, any necessary repair work or other services. It is the customer’s responsibility to ensure that the data stored on the relevant devices or data stores is secure and that no sensitive data is stored there.
14.5 Any limitations of liability agreed with the customer also apply to the seller’s organs and vicarious agents.
14.6 The above provisions are without prejudice to any rights arising from the Product Liability Act.
15) Use of promotional vouchers
15.1 Vouchers issued free of charge by the seller as part of promotions with a specific period of validity, and which the customer may not purchase under any circumstances (hereinafter referred to as “promotional vouchers”), may be used exclusively in the seller’s online store and only within the period indicated.
15.2 Certain items may be excluded from promotions, provided that the exclusion is stated on the promotional voucher.
15.3 Promotional vouchers can only be redeemed before the order is finalized. Any subsequent compensation is excluded.
15.4 Only one promotional voucher may be used per order.
15.5 The value of the products must be at least equal to the amount of the promotional voucher. Any remaining balance is non-refundable by the seller.
15.6 If the value of the promotional voucher is insufficient to cover the order, the difference may be settled using one of the payment methods offered by the seller.
15.7 The balance of a promotional voucher is not paid in cash or interest.
15.8 If, by virtue of his statutory right of withdrawal, the customer returns the products paid for in full or in part with a promotional voucher, the seller will not refund the promotional voucher under any circumstances.
15.9 Promotional vouchers are transferable. The seller may, with discharge effect, make payment to the holder redeeming the promotional voucher in the seller’s online store. This provision does not apply in the event of knowledge, or lack of knowledge through culpable omission, of the incapacity or lack of right of representation of the holder concerned.
16) Mention as a reference
If the customer is a company, it hereby accepts that the seller may cite it as a reference, with mention of its company and use of the associated trademark, notably on the seller’s website, within the latter’s profiles on social networks (such as Twitter, LinkedIn, Xing) as well as in the seller’s own publications. The customer may withdraw his consent for the future at any time by sending a declaration to the seller.
17) Final provisions
17.1 The contractual partner is only entitled to assign rights and claims arising from the contractual relationship to third parties with the prior written consent of the seller.
17.2 These GTC are subject to French law, without excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) as well as references to international private and procedural law. As far as consumers are concerned, the present choice of the applicable legal framework is valid only insofar as the protection conferred is not withdrawn by mandatory provisions of the law of the country where the consumer has his habitual residence.
17.3 In the event of any dispute arising from contracts to which these GTC apply, the French courts (in accordance with the Seller’s registered office) shall have exclusive jurisdiction. The seller is nevertheless entitled to assert its rights against the customer in any competent court having jurisdiction. This clause does not apply to consumers.