General Terms and Conditions

Only the German version of the GTC is legally binding. This language version is for information purposes only.

 

General Terms and Conditions

0. foreword

When the term “customer” is used below, it refers to all genders (he, she, diverse).

1 Scope of application

1.1 The business relationship between meta-system GmbH, Karolinenstr. 6, 63452 Hanau (hereinafter “Licensor”) and the customer (hereinafter “Customer”) shall be governed exclusively by the following General Terms and Conditions in the version valid at the time of the order or use of “ask DAD” (hereinafter also referred to as “DAD”) or other applications.

1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for a purpose that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is a natural or legal person or a partnership with legal capacity which, when concluding a legal transaction, is acting in the exercise of its commercial or independent professional activity.

1.3 The use of DAD and all other applications is offered to you on the condition that you accept the following General Terms and Conditions. By accepting them, these General Terms and Conditions become the subject of the agreement on the use of our offers.

2 Offers and service descriptions

2.1 The display and presentation of the applications in the online shop does not constitute a legally binding offer, but an invitation to place an order for use. Service descriptions in catalogues and on the Licensor’s websites do not have the character of an assurance or guarantee.

2.2 All offers are valid “while stocks last”, unless otherwise stated with the products. Errors excepted.

2.3 The customer is given the opportunity to submit a binding offer to conclude a contract of use.

3 Order process and conclusion of contract

3.1 The customer can make a non-binding selection from the licensor’s product range from various usage offers and collect these in a so-called shopping basket using the “Complete now” button. The customer can then check the contents of the shopping basket and correct them if necessary.

3.2 The customer submits a binding application for the granting of usage rights to the usage rights in the shopping basket by clicking on the “Order with obligation to pay” button. Before submitting the order, the customer can change and view the data at any time and cancel the order process altogether. Required information is marked with an asterisk (*).

3.3 The Licensor shall then send the customer an automatic confirmation of receipt by e-mail, in which the customer’s order is listed again and which the customer can print out using the “Print” function (order confirmation). The automatic confirmation of receipt merely documents that the customer’s order has been received by the licensor and does not constitute acceptance of the application. The purchase contract is only concluded when the Licensor activates the ordered application for use by the customer. Acceptance may also be effected by a request for payment sent to the customer by the licensor and, at the latest, by the completion of the payment transaction. In the event of several acceptance processes, the earliest time of acceptance shall be decisive. If the licensor does not accept the customer’s offer within the acceptance period, no contract shall be concluded and the customer shall no longer be bound by his offer.

3.4 If the licensor allows payment in advance, the contract is concluded when the bank details and payment request are provided. If the payment has not been received by the Licensor within 10 calendar days of the order confirmation being sent, despite the due date, even after a further request for payment, the Licensor shall withdraw from the contract with the consequence that the order shall lapse and the Licensor shall not be obliged to grant a right of use. The order is then completed for the licensor and customer without any further consequences. The Licensor may revoke a licence that has already been granted and an activated access may be blocked again.

4. prices

Our offer is primarily aimed at traders and therefore the prices shown are net prices plus VAT. The gross price will be calculated during the purchase process as soon as it is clear which VAT is applicable. All price components, such as net price, VAT and total price, are shown properly on the purchase page.

5 Delivery, availability

5.1 If advance payment has been agreed, the right of use shall be granted by activating the right of use after receipt of the invoice amount.

5.2 If the ordered application cannot be made available for use through no fault of the Licensor, the Licensor may withdraw from the contract. In this case, the licensor shall inform the customer immediately and, if necessary, propose the granting of a right of use to a comparable application. If no comparable application is available or the customer does not wish to be granted the right to use a comparable application, the licensor shall immediately reimburse the customer for any payments already made.

5.3 Customers shall be informed about the possibility of using the applications on a separate information page or within the respective application description.

5.4 The Licensor shall not be responsible for delays in the granting of use and delays in performance due to force majeure and due to unforeseeable events that make delivery significantly more difficult or impossible for the Licensor, even in the case of bindingly agreed deadlines and dates, vis-à-vis customers who are entrepreneurs. In this case, the Licensor shall be entitled to postpone the period of use or performance by the duration of the hindrance plus a reasonable start-up period. The right to postpone the deadline shall also apply to customers who are entrepreneurs in cases of unforeseeable events that affect the operations of a sub-supplier and for which neither the sub-supplier nor the licensor is responsible. For the duration of this hindrance, the customer shall also be released from his contractual obligations, in particular payment. If the customer cannot reasonably be expected to accept the delay, the customer may withdraw from the contract by written declaration after setting a reasonable deadline or by mutual agreement with the licensor.

6 Payment modalities

6.1 The customer can choose from the available payment methods during and before completion of the order process. Customers are informed about the available means of payment on a separate information page.

6.2 If third-party providers are commissioned with payment processing, e.g. Stripe or Paypal, their general terms and conditions apply.

6.3 If the due date of the payment is determined by the calendar, the customer is already in default by missing the deadline. In this case, the customer must pay the statutory default interest.

6.4 The customer’s obligation to pay default interest does not exclude the Licensor from claiming further damages caused by default.

6.5 The customer shall only have a right of set-off if his counterclaims have been legally established or recognised by the licensor. The customer may only exercise a right of retention if the claims result from the same contractual relationship.

7 Retention of title

Until full payment has been made, the Licensor may at any time revoke any right of use already granted and cancel any activation.

8 Customer account

8.1 The Licensor shall provide the customer with a customer account. Within the customer account, customers are provided with information about the orders and their customer data stored with the Licensor. The information stored in the customer account is not public.

8.2 In order to place an order, customers must create a customer account. Guest orders are not possible.

8.3 Customers are obliged to provide truthful information in the customer account and to adapt the information to changes in actual circumstances where necessary (e.g. the changed e-mail address in the event of a change of address or the changed postal address before placing an order). Customers are responsible for any disadvantages arising from incorrect information.

8.4 The customer account may only be used in accordance with the applicable statutory provisions, in particular the provisions on the protection of third-party rights, and in accordance with the Licensor’s GTC using the access masks and other technical access options provided by the Licensor. Any other type of use, in particular by external software such as bots or crawlers, is prohibited.

8.5 Insofar as customers save, enter or otherwise post content or information (hereinafter referred to as “content”) within the customer account, the customers are responsible for this information. The Licensor does not adopt the customer’s content as its own. However, the Licensor reserves the right to take appropriate measures depending on the degree of risk of infringement posed by the content, in particular the risk to third parties. Measures that take into account the criteria of necessity, appropriateness, diligence, objectivity, reasonableness and the interests of all parties involved, in particular the fundamental rights of customers, may include the (partial) deletion of content, requests for action and explanations, warnings and cautions as well as bans.

8.6 Customers may cancel their customer account at any time. The Licensor may terminate the customer account at any time with a reasonable notice period, which is usually two weeks. Cancellation must be reasonable for the customer. The Licensor reserves the right to cancel for extraordinary reasons.

8.7 From the time of cancellation, the customer account and the information stored in the customer account are no longer available to the customer. It is the customer’s responsibility to back up his data when cancelling the customer account.

9 Warranty for material defects

9.1 The Licensor shall rectify technical defects in the application within a reasonable period of time. The Licensor’s responsibility in this respect extends only to the applications it operates on the Internet, but not to the customer’s systems required to use the applications, nor to the technical requirements necessary for this.

2.2 The Licensor shall exercise the customary care in maintaining the application. The completeness, correctness and up-to-dateness of the applications cannot be guaranteed

2.3 It is the responsibility of the customer to report any defects, malfunctions or damage without delay.

10 Liability

10.1 The following exclusions and limitations of liability apply to the Licensor’s liability for damages, notwithstanding the other statutory requirements for claims.

10.2 The Licensor shall be liable without limitation insofar as the cause of the damage is based on intent or gross negligence.

10.3 Furthermore, the Licensor shall be liable for the slightly negligent breach of material obligations, the breach of which jeopardises the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the customer regularly relies. In this case, however, the Licensor shall only be liable for the foreseeable damage typical of the contract. The Licensor shall not be liable for the slightly negligent breach of obligations other than those specified in the above sentences.

10.4 The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.

10.5 Insofar as the liability of the Licensor is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.

11 Access to the applications

11.1 The customer’s access to the modules subscribed to by him for the use of the application is password-protected using the access data set by the customer himself. The customer is obliged to keep the access data and passwords secret and to prevent unauthorised use by third parties; the customer shall also ensure that the users concerned also comply with this obligation.

11.2 The usability of the functions of the application as well as the necessary control of compliance with the permitted usage limits require that the customer’s end devices accept the cookies transmitted by the licensor’s system and that these are not modified and, if possible, not deleted within the session. The use of these cookies is absolutely necessary for the provision of the services when using the applications. The legal basis for the use of these technologies is § 25 Para. 2 No. 2 TTDSG. The customer undertakes to ensure compliance with the above requirements (in particular by making the appropriate settings in their browser). If the customer does not fulfil this obligation for reasons for which he is responsible, the licensor shall not be responsible for any resulting functional restrictions.

11.3 Storage of the contract text

11.3.1 The customer can print out the text of the contract before submitting the order to the licensor by using the print function of his browser in the last step of the order.

11.3.2 The Licensor shall also send the customer an order confirmation with all order data to the e-mail address provided by the customer. Together with the order confirmation, the customer will also receive a copy of these GTC and cancellation policy. You can view the orders you have placed in your profile area. In addition, we save the order text, but do not make it accessible on the Internet.

11.3.3 Customers who are entrepreneurs can receive the contract documents by e-mail, in writing or by reference to an online source.

12. processing of personal data

The Licensor processes personal inventory and usage data within the scope of the use of the applications agreed with the customer, as described in more detail in the Licensor’s corresponding data protection declaration.

13 Mandatory information for consumers

The Licensor grants customers who are consumers as defined above a right of cancellation in accordance with the separate cancellation policy.

14. final provisions

14.1 If the purchaser is an entrepreneur, subject to other agreements or mandatory statutory provisions, the place of fulfilment shall be the licensor’s registered office, while the place of jurisdiction shall be the licensor’s registered office if the customer is a merchant, a legal entity under public law or a special fund under public law or if the purchaser has no general place of jurisdiction in the licensor’s country of domicile. The Licensor reserves the right to choose another permissible place of jurisdiction.

14.2 In the case of entrepreneurs, the law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods, provided that there are no mandatory statutory provisions to the contrary.

14.3 The contractual language is German; only this German version of the GTC is legally binding. All other language versions are for information purposes only.

14.4. platform of the European Commission for online dispute resolution (OS) for consumers: http://ec.europa.eu/consumers/odr/. We are not willing and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.