Conditions

General terms and conditions

§ 1 Scope of the General Terms and Conditions

1.1 The following General Terms and Conditions (GTC) apply to all contractual relationships concluded within the framework of the web store "www.swisssoftware24.ch" of DigitalRiver GmbH, Neugasse 52, CH-6340 Baar, SWITZERLAND (hereinafter referred to as "Seller" or "SwissSoftware24"). Further terms and conditions or contractual agreements, in particular also GTC of the customers (hereinafter referred to as "Buyer") shall only apply if this is expressly agreed in text form prior to the conclusion of the contract.

1.2 Buyers can be both private individuals and legal entities (companies).

§ 2 Conclusion of contract

2.1 All products and prices presented in the web store do not represent a binding declaration of intent by the seller aimed at concluding a purchase contract. An offer to conclude a purchase contract shall only be made by the Buyer by successfully sending the order.

2.2 After completion of the order process, the Buyer shall initially receive an order confirmation from the Seller regarding the order placed, which does not yet constitute an acceptance by the Seller. A declaration of acceptance by the Seller and thus a conclusion of the contract shall only take place by delivery of the goods or sending an express declaration of acceptance in text form.

2.3 The subject of the contract is the sale of goods or download of software products (digital content) also
as a purchase by way of permanent delivery (hereinafter "Subscription Agreement"). In the case of a subscription contract, the seller undertakes to supply the customer with the contractually owed goods for the duration of the agreed contract term in
the contractually owed time intervals or to make them available via download. The details, in particular the essential features of the respective software, can be found in the item description and the supplementary information on the SwissSoftware24 website.

§ 3. payment

All prices stated in the online store are total prices including the statutory Swiss VAT. Any shipping costs are shown separately. The seller offers the payment methods PayPal, credit cards and bank transfer. The purchase price is due upon conclusion of the contract. In the case of a credit card and PayPal payment, delivery is made, usually within 5 minutes. In the case of bank transfer, the delivery date is delayed until payment is received.

§ 4. reminder before the end of a subscription

In the event that a specific period of use is agreed for a Product ("License Term"), Customer will automatically receive an email reminder with a non-binding offer for the same or similar Product before the end of the current License Term.

§ 5 Warranty and liability

5.1 In the event of delivery of a defective item and in the event of incorrect or insufficient delivery, the Buyer shall be entitled to the statutory warranty claims, unless deviated from in the following.

5.2 For new goods, the limitation period for defects is 2 years from delivery of the goods to the consumer and 6 months for used goods.

5.3 However, the aforementioned shortening of the limitation periods shall expressly not apply to claims for damages by the customer based on injury to life, limb or health, or to claims for damages based on a breach of material contractual obligations. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract. The aforementioned shortening of the limitation periods shall likewise not apply
for claims for damages based on an intentional or grossly negligent breach of duty by SwissSoftware24 or its legal representatives or vicarious agents. Liability under the Product Liability Act also remains unaffected.

5.4 Compensation for damages due to breach of an obligation arising from the contractual relationship shall be paid under the statutory conditions.

5.5 SwissSoftware24 shall be liable without limitation if the cause of damage is based on intent or gross negligence. Furthermore, SwissSoftware24 shall be liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfillment of which enable the proper execution of the contract in the first place and on the compliance with which the customer regularly relies. In this case, however, SwissSoftware is only liable for the foreseeable, customary contractual damage.

5.6 SwissSoftware24 shall not be liable for the slightly negligent breach of obligations other than those specified in the two preceding clauses.

5.7 The above limitations of liability shall not apply in the event of injury to life, limb or health. Liability under the Product Liability Act shall also remain unaffected.

§ 6. retention of title

6.1 Delivered goods remain the property of SwissSoftware24 until payment is made in full.

6.2 Prior to transfer of ownership, pledging, transfer by way of security, processing or transformation is not permitted without the consent of SwissSoftware24.

§ 7. place of jurisdiction

7.1 Swiss law shall apply without the reference standards of international private law and to the exclusion of the UN Convention on Contracts for the International Sale of Goods. In business transactions with consumers domiciled in the European Union, the law of the consumer's domicile may also be applicable by way of exception if mandatory consumer protection provisions are involved.

7.2 The place of jurisdiction for business transactions with merchants, legal entities under public law or special funds under public law for all legal disputes in connection with the concluded contract is the registered office of DigitalRiver GmbH. In this case, legal proceedings may alternatively be conducted at the customer's registered office or at another legal place of jurisdiction, at SwissSoftware24's discretion.

7.3 Should any provision of these General Terms and Conditions be invalid, the remainder of the contract shall remain valid. The relevant statutory provisions shall apply in place of the invalid provision.

§ 8 Cancellation policy

Only private persons are entitled to a statutory right of withdrawal. The seller does not grant a right of withdrawal to buyers who are legal entities.

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days in the case of the delivery of digital content that is not delivered on a physical data carrier from the day of the conclusion of the contract and in the case of another purchase contract from the day on which you or a third party named by you, who is not the carrier, have taken or has taken possession of the goods, or the last goods, the last partial delivery or the last item.

To exercise your right of withdrawal, you must notify us DigitalRiver GmbH, Neugasse 52, CH-6340 Baar, SWITZERLAND of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of the revocation

If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods. You will only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.

Exclusion of the right of withdrawal

With regard to the services sold by the seller, the right of withdrawal does not apply to contracts:

- for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,

- Items that are not suitable for return due to their nature.

The right of withdrawal expires for contracts

- for the delivery of goods if these have been inseparably mixed with other goods after delivery due to their nature,

- for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery,

- on the delivery of digital content not on a tangible medium (e.g., download of software), if the supplier has started the execution of the contract after the consumer has expressly agreed that the entrepreneur starts the execution of the contract before the expiry of the withdrawal period and has confirmed his knowledge that by his consent he loses his right of withdrawal with the start of the execution of the contract.

§ 9 Further information requirements for contracts concluded at a distance and for electronic commerce

9.1 Technical procedure of the ordering process: You can first select one or more products and place them in the "shopping cart". Finally, you will be taken to the next ordering step via the "checkout" button. You have to enter the personal data necessary for the execution of the contract and the desired method of payment. You will then receive an overview of your order and the data entered and can finally check your order again. After you have confirmed that you have taken note of the terms and conditions and the cancellation policy, you can complete your order by clicking on the button "Place order". By doing so, you submit a binding offer directed towards the conclusion of a contract and send your order to us.

9.2 Storage of the contract text after conclusion of the contract and accessibility for the customer: The contract text as well as your order details will be stored by the seller. After completion of your order, you will receive a clear order confirmation, which you will also receive separately by email. In addition, the cancellation policy, the cancellation form and these terms and conditions are attached to this email. You can also print out the text of the contract using the print functions of the Internet browser. In addition, the seller sends the buyer at any time upon request the terms of the contract by email.

9.3 Correction options during the ordering process: You can change all entries via the "back button" of your internet browser. In addition, it is possible to delete individual products in the virtual shopping cart or to increase or decrease the number of goods. These correction options exist until you use the "Place order" button.

9.4 Contract language: The contract language is German.

9.5 Order confirmation: After sending the offer by the customer, he will receive a confirmation email.

9.6 Complaints and warranty claims:

All complaints are to be addressed to the seller. The statutory warranty law applies, unless otherwise agreed by § 5. of these GTC.

9.7 Essential characteristics of the goods: Each article has an article description, from which you can take the essential characteristics of the goods. This article description can already be viewed before the article is placed in the "shopping cart".

9.8 Information obligations regarding digital content: If there are any technical protection measures, restrictions in the interoperability or compatibility as well as the functionality of the digital content, you can find this out from the respective item description, as far as they are known to the seller.

Subscription Terms

§ 10 Subscription and Renewal

10.1. In addition to purchasing software licenses, the seller offers subscription-based licenses for temporary use under a subscription agreement.

10.2. By opting for a subscription, the buyer agrees to make periodic payments for continued access to the software according to the terms in the subscription agreement.

10.3. The buyer can manage their subscription and payment settings on their account page on the shop website. Additionally, manual renewal of subscription payments can be initiated by the buyer through the customer panel on their account page.

10.4. If the price changes for the next billing period during the subscription's contract term, the buyer will be informed in advance via email to the address provided in the order.

10.5. The buyer has the option to cancel the subscription at any time before the current billing period ends. They may also choose to prepay the subscription in advance.

10.6. Prior to the expiration of the license's validity period, the buyer will receive email notifications about the upcoming expiration date of the subscription.