As of 14 October 2014
The following terms and conditions were originally worded in German. You as the customer may save and print out as many copies of these terms and conditions you may need for future reference. You can also request these terms and conditions in digital or printed form from the address Karlsruher Str. 10, 69126 Heidelberg, by fax +49 (0) 6221/9146755, or by email (firstname.lastname@example.org). In addition, they are enclosed for you in every delivery. The address for deliveries and the authorized representatives of Lingenio GmbH can be found from the invoice.
The following general terms and conditions apply exclusively to all business relations between Lingenio GmbH (hereafter Lingenio) and you as the Ordering Party. Lingenio expressly states that the general terms and conditions of the Customer will not be included in the terms of contract, even when Lingenio does not specifically exclude them.
Selection of Products
Lingenio offers products for sale online at http://www.lingenio.de and http://shop.lingenio.de. The website lets customers select and order products. The products details are presented separately on their respective web pages. All prices are given together with the statutory value added tax. Before shipping your order, Lingenio allows you to examine and if necessary correct the details of your order, in particular with respect to price and quantities.
All orders are subject to the list prices as they are presented on the website at the time of ordering. Prices include the statutory value added tax applicable in Germany, but not the costs for postage and packing. Customers abroad may be exempt from this value added tax in accordance with the international regulations pertaining thereto.
Conclusion of Contract
The offers made by Lingenio are not binding. All products are available only while stocks last. Lingenio is not obliged to deliver goods or render services when these become unavailable. A contract is deemed to be concluded between Lingenio and you as the Customer when your order has been confirmed in writing by Lingenio.
Information Concerning the Exercise of the Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
To exercise the right of withdrawal, you must inform Lingenio GmbH, Karlsruher Str. 10, 69126 Heidelberg, Phone: +49 (0) 6221/9146750, Fax: +49 (0) 6221/9146755, E-Mail: email@example.com of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.
You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods.
You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
Model Withdrawal Form
To Lingenio GmbH, Karlsruher Str. 10, 69126 Heidelberg, Phone: +49 (0) 6221/9146750, Fax: +49 (0) 6221/9146755, E-Mail: firstname.lastname@example.org:
I/We (1) hereby give notice that I/We (1) withdraw from my/our (1) contract of sale of the following goods (1)/for the provision of the following service (1)
- Ordered on(1)/received on (1)
- Name of consumer(s)
- Address of consumer(s)
(1) Delete as appropriate.
Implementation of the Contract
Lingenio will handle an order within fortyeight (48) hours and inform you whether the ordered products are available. If and when the ordered products are available, Lingenio will deliver these within ten (10) working days following receipt of the order.
Terms of Payment
Lingenio issues an invoice for the goods you have ordered that will be handed to you on delivery of the goods. Lingenio delivers ordered goods cash on delivery, following advance payment, or with enclosed invoice. Any advance payments, including PayPal services, are duly considered at the time of invoicing. Shipments on account must be paid to the full amount within fourteen (14) days at the latest following receipt of the invoice. All invoiced prices are retail prices including the applicable value added tax. In case of default on payment, you as the Customer, provided that you are a consumer as defined under § 13 BGB (German civil code), are obliged to pay default interest to the amount of 5% (five percent) above the base interest rate. If you are an entrepreneur as defined under § 14 BGB (German civil code), you must pay default interest amounting to 8% (eight percent) over the base interest rate.
In the case of goods in the form of software, Lingenio grants you the nonexclusive right to use the software simultaneously on as many computers as the software packages (suites) you have purchased. You receive ONE software package for each single user product. This right of use applies to the buyer only and is not transferable. A software package may be resold only with all of the appurtenant parts. In this case, all retained copies must be destroyed. The regulations under § 69 of the UrhG (German copyright act) apply to duplication, editing, and decompilation. Leasing is permitted only after special agreement.
For certain software packages in its product range, Lingenio offers upgrade packages under specific conditions and against proof of ownership of the corresponding formerly released software packages. Current offers and conditions are published at http://www.lingenio.de. On purchase of an upgrade, the customer is only entitled to replace the formerly released version of the software with the upgrade package. By purchasing an upgrade, the Customer agrees NOT to make any use or disposition of the formerly released software package and the upgrade package separately from each other. It is expressly forbidden to install the existing software package and the upgrade package simultaneously on separate computers or for separate users.
Warranty and Liability
The statutory warranty conditions apply. For an entrepreneur, the warranty is limited to one year and Lingenio reserves the right to decide whether to repair the product or deliver a replacement free of charge. Lingenio is liable to the full amount of damages for gross negligence on the part of its divisions and executive employees; in principle for all culpable violations of basic contractual obligations; in addition and in principle also for gross negligence on the part of fulfilment agents; provided that Lingenio cannot contract out of this liability according to commercial usage, in the last two cases to the amount of compensation based on the usual, foreseeable damage. This does not affect liability on the grounds of intent, warranty, malice, or personal injury, or liability under the German Product Liability Act. Lingenio accepts no liability for ensuring that the delivered software is suitable for the Customer’s purposes or that it operates properly with the software and hardware installed at the user’s location. This limitation of liability does not apply to cases of intent or gross negligence.
In the event that Lingenio is unable to provide an outstanding service on the grounds of force majeure, it is exempt from its obligation to provide this service for the duration of this force majeure. If Lingenio is unable to execute an order or delivery for longer than one month on the grounds of force majeure, you as the Customer are entitled to annul the contract.
Lingenio will respect all its obligations under the data protection laws, in particular as specified in the TMG (German Telemedia Act). In accordance with these laws, Lingenio may compile, process, and utilise the inventory data, invoicing data, and usage data it collects from the Customer provided that this is conducive to the fulfilment of this contract. For all other purposes, customer data may be utilised only with the Customer’s consent, unless this consent can be derived otherwise from the applicable laws. The Customer has the right at all times to receive information free of charge on his stored personal details.
Conclusive Proof Clause and Burden of Proof
The data stored in electronic registers or other forms at Lingenio are deemed permissible evidence of data transmissions, contracts, and payments rendered between the parties.
Final Provisions and Venue
German law applies. If a provision of these terms is or becomes void, this shall not affect the validity of the other provisions. Lingenio and the Customer will replace the void provision with an effective provision that best approximates the business intentions of both parties to the contract.