for the online shop at the URL
operated by
Johannes Maier
MAIER SOFTWARE
Wacholderweg 1
87549 Rettenberg
Germany
E-mail: info@maiersoftware.de
Phone: +4915739193759
– hereinafter: Provider –
1. Scope
These General Terms and Conditions (GTC) apply, upon their incorporation, to all contracts concluded for the purchase of goods, services or other items (“goods”) in the online shop at the above URL, in the version valid at the time of conclusion of the contract. These GTC apply exclusively. Deviating GTC of the customer do not become part of the contract unless the Provider expressly agrees to them.
2. Conclusion of contract
2.1 The offers in the online shop are a non-binding invitation to shop visitors to submit an offer to purchase the goods offered in the shop.
2.2 Goods are ordered via the Provider’s online order form. After selecting the desired goods, entering all required mandatory information and completing all other mandatory steps in the ordering process, the selected goods can be ordered by pressing the order button at the end of the checkout page (order). By placing the order, the customer submits a binding offer to purchase the selected goods. The contract is concluded when the Provider accepts the customer’s offer. Acceptance takes place when the Provider confirms the conclusion of the contract in written or text form (e.g. by e-mail) (order confirmation) and this confirmation reaches the customer, or by delivering the ordered goods to the customer, or by requesting payment from the customer (e.g. invoice or credit card payment during the order process) and this request reaches the customer; the decisive time for the conclusion of the contract is the moment at which one of the alternatives mentioned in the first half-sentence first occurs.
2.3 Before submitting the order in a binding manner, the customer can review their entries and correct them at any time using the usual keyboard, mouse, touch or other available input functions. In addition, all entries are displayed once more in a confirmation window before the order is submitted in a binding manner and can also be corrected there using the usual input functions.
2.4 The Provider stores the contract text after conclusion of the contract and sends it to the customer in text form (e.g. by e-mail). The Provider does not make the contract text accessible beyond this.
2.5 The following languages are available for concluding the contract: German, English.
3. Right of withdrawal for consumers
Consumers generally have a right of withdrawal for contracts concluded off-premises and for distance contracts. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business or profession. Details can be found in the cancellation policy, which is made available to every consumer at the latest immediately before conclusion of the contract.
4. Payment, default
4.1 The prices listed in the online shop at the time of the order apply. All prices include statutory VAT plus any shipping costs that may be listed. The customer is informed about the available payment options in the Provider’s online shop.
4.2 If payment by credit or debit card is agreed, the purchase price is due immediately after conclusion of the contract.
4.3 If payment via “PayPal” is agreed, the purchase price is due immediately after conclusion of the contract. Payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.
4.4 If “Apple Pay” is selected as the payment method, payment is processed via the payment service Apple Inc., Infinite Loop, Cupertino, CA 95014, USA. Payment is due immediately after conclusion of the contract.
4.5 If “Google Pay” is selected as the payment method, payment is processed via Google Ireland Limited, Gordon House, Barrow Street, Dublin 4, Ireland. Payment is due immediately after conclusion of the contract.
5. Retention of title
The purchased goods remain the property of the Provider until the purchase price has been paid in full.
6. Delivery and reservation of self-supply
6.1 Unless otherwise agreed, delivery is made within the delivery time stated in the online shop to the delivery address provided by the customer. The applicable delivery times can be found in the online shop.
6.2 Collection of the purchased goods in person is excluded.
6.3 If the Provider cannot deliver the ordered goods because it was not supplied through no fault of its own, despite having concluded a congruent hedging transaction with a reliable supplier in good time, the Provider is released from its obligation to perform and may withdraw from the contract. The Provider is obliged to inform the customer without undue delay of the impossibility of performance. Any consideration already rendered by the contractual partner will be refunded without undue delay. Mandatory consumer law remains unaffected by this paragraph.
7. Warranty
The statutory provisions on liability for defects apply.
8. Liability and indemnification
8.1 The Provider is liable without limitation:
- for damages arising from injury to life, body or health based on an intentional or negligent breach of duty by the Provider or by a legal representative or vicarious agent of the Provider;
- for damages based on an intentional or grossly negligent breach of duty by the Provider or by a legal representative or vicarious agent of the Provider;
- on the basis of a guarantee, unless otherwise agreed;
- on the basis of mandatory liability (e.g. under the Product Liability Act).
8.2 If the Provider negligently breaches an essential contractual obligation, its liability is limited to the foreseeable damage typical for the contract, unless unlimited liability applies under the preceding paragraph. Essential contractual obligations are obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely.
8.3 Otherwise, liability of the Provider and the liability of its vicarious agents and legal representatives is excluded.
8.4 The customer indemnifies the Provider against any third-party claims – including the costs of legal defence in their statutory amount – asserted against the Provider due to unlawful or contract-breaching acts of the customer.
9. Data protection
The Provider treats its customers’ personal data confidentially and in accordance with the statutory data protection regulations. For details, please see the Provider’s privacy policy.
10. Final provisions
10.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods, insofar as this choice of law does not deprive a consumer habitually resident in the EU of mandatory statutory provisions of the law of their state of residence.
10.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the court at the Provider’s registered office has jurisdiction, unless an exclusive place of jurisdiction is established for the dispute. This also applies if the customer has no domicile within the European Union. Our company’s registered office can be found in the heading of these GTC.
10.3 Should any provision of this contract be or become invalid or unenforceable, the remaining provisions of this contract remain unaffected.
11. Information on online dispute resolution / consumer dispute resolution
The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Our e-mail address can be found in the heading of these GTC.
