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Angebot

GENERAL TERMS AND CONDITIONS

§ 1 Provider
  

  • magnussoft Deutschland GmbH
  • Play Orange® ist eine Marke der magnussoft Deutschland GmbH
  • E-Mail: shop@play-orange.eu
  • Geschäftsführer: K.Bernecker
  • Handelsregister: Amtsgericht Dresden HRB 23200
  • USt-Identifikationsnummer : DE814242673
  • Kontakt: Play Orange, Zur Linde 7, 01723 Wilsdruff oder shop@play-orange.eu


§ 1.1
    This translation of our general terms and conditions is a service for our customers.
    It is not legally binding! Only our General Terms and Conditions, written in German,
    are legally valid.

 
§ 2 Conclusion of contract and applicable law

    1. The information contained in the Internet presentation is subject to change without notice.
    2. You can choose between the following languages when ordering: German / English
    3.  For some titles, the buyer has the choice between a purchase "as download" or
    "by shipping as physical medium (Boxed)", for other titles, only one of the two shipping
    methods is offered. To conclude each purchase contract, the buyer must first open the
    shopping cart, one of several options is to click on the "My shopping cart" button. There,
    the selected products are displayed, indicating the individual price, quantity and subtotal.
    Also visible are the shipping costs incurred for a shipment (boxed) of the software titles
    selected in the shopping cart. Clicking the button "Go to checkout" starts the purchase process.
    An indication of the customer invoice address and if necessary deviating delivery address is
    obligatory as next step. After confirming the "Continue" button, the buyer arrives at the
    selection of a payment method. Before completion of the order the buyer has the possibility
    to check his selection of the products to be acquired by the displayed order overview.
    Changes to all steps can be made at any time by clicking on "My shopping cart" until the
    final completion of the order. After confirming the checkboxes for acceptance of these GTC
    and the data protection declaration, the order can be legally concluded by clicking on the
    button "Order payable", so that by clicking on this button a contract is concluded between
    Play Orange and the buyer for the delivery of the selected software by download or dispatch
    (Boxed). Once the order process has been completed, the buyer will receive a confirmation e-mail.
    If a download version has been selected as delivery, a download link including key code
    (license key) will be sent to the buyer by email after completion of the order.
    The download link is also displayed to registered buyers in the user account of the buyer under
    the menu item "My orders". The software is stored on the buyer's computer or an appropriate mass
    storage device by clicking the "Save" button in the dialog box that appears during the download
    and can be installed from there. By clicking on the download button, you expressly agree that we
    begin to execute the contract before the expiry of the revocation period and you confirm your
    knowledge that you lose your right of revocation through this agreement with the beginning
    of the execution of the contract.
       
     4. You can save these terms and conditions as a Microsoft Word document on a data carrier of your
    choice (e.g. on the hard disk of your computer) by clicking the "Save" button.
     5. After leaving the order level, your order is no longer retrievable from the provider on the Internet.
    The provider stores and uses the information provided in this way to process the desired purchase contract.
     6. The offerer will confirm the order with agreement immediately. The confirmation takes place to the
    e-mail address indicated by you in the order form. As soon as this confirmation is retrievable
    under the indicated e-mail address, the contract has come off.
     7. The contract is subject to German law. The uniform UN Convention on Contracts for the International
    Sale of Goods (CISG) is excluded.
     8. The general terms and conditions of the purchaser do not apply.


§ 3 Right of revocation / declaration of revocation (former right of return)

Customers who do not purchase software for their commercial or self-employed activity have a right of
revocation in accordance with the revocation and return instructions.

     1.    The two-week revocation and return period begins with the receipt of the software by the customer.
     2.    The prerequisite for this is that the obligations of the provider according to § 312 c and § 312 e
    BGB have been fulfilled by then. Otherwise, the revocation and return period shall commence as soon
    as these information obligations have been fulfilled.
     3.    However, the right of revocation expires,
        in the case of a contract for the delivery of digital content that is not on a physical data carrier,
    prematurely if you have expressly agreed that we will begin to execute the contract before the expiry
    of the revocation period and you have confirmed your knowledge that you will lose your right of
    revocation through your agreement with the commencement of the execution of the contract.
     4.    The right of revocation expires at the latest twelve months after receipt of the contractual software
    at the location requested by the customer. This applies in particular if the revocation period does
    not begin due to insufficient or delayed information pursuant to § 3 (3).
    This shall not apply if the customer has not been duly informed of his right of revocation.

Sample revocation form (not for digital downloads see § 3 para. 3)

(If you want to cancel the contract, please fill out this form and send it back.)


To
Play Orange
01156 Dresden, Germany
.......
Germany

and / or

shop@play-orange.eu
-

I/we (*) hereby cancel the contract concluded by me/us
     (*) for the purchase of the following goods
     (*)/the provision of the following services (*)
-
Ordered on (*)/received on (*)
-
Name(s) of consumer(s)
-
Address of consumer(s)
-
Signature of consumer(s) (only for paper communication)
-
date
(*) Delete as appropriate.

// End - Sample withdrawal form


§3.1 Right of revocation / declaration of revocation of third-party providers

    The cancellation rights/cancellation declarations of the respective dealers apply!


§ 4 Subject matter and form of delivery

    1.    You receive the contractual software in executable form (object code) together with the
    documentation released by the provider.
    2.    The software has the functionality specified in the documentation. You can view this
    documentation of the functionality on the corresponding pages of this Internet presentation
    before the contract is concluded.
    3.    Depending on the agreement, delivery is effected either by sending a data carrier to the
    delivery address specified by you in the order form, or by sending a key for downloading to
    the delivery e-mail address specified in the order form.
    4.    A hard copy of the documentation is not included. The documentation consists essentially of
    electronic aids.
    5.    The installation of the software is not subject of the contract.

§ 5 Rights of use

    1.    The provider grants you a non-exclusive, spatially unlimited right to use the software on a
    permanent basis upon payment of the agreed one-time remuneration.
    2.    One "copy" of the software entitles you to use it on a maximum of one (1) output
    device/workstation at the same time.
    3.    If you wish to use the Software on more than one output device, the right of use must be
    extended accordingly. For the extension of the rights of use without renewed delivery of the
    software, the separate price list of the provider for extensions of the rights of use shall apply.
    A later extension of the right of use without a new delivery does not trigger a new warranty.
    4.    Any use beyond the contractually agreed extent, in particular the simultaneous use of the
    software on more than one output device per purchased software copy is a breach of contract.
    In this case you are obliged to inform the provider immediately about the overuse.
    The parties will then attempt to reach an agreement on the extension of the rights of use.
    For the period of overuse, i.e. until the conclusion of such an agreement or the cessation
    of overuse, you are obliged to pay compensation for overuse in accordance with the provider's
    price list. The calculation of the compensation is based on a four-year straight-line depreciation.
    If you do not inform us of the overuse, a contractual penalty amounting to three times the price
    of the use claimed shall be due in accordance with the provider's price list.
    5.    You are not entitled to decompile, modify or edit the software beyond the legally provided extent,
    i.e., unless this is necessary for the creation of an interface to other software products or
    for the elimination of errors in the software.
    6.    Copyright and other property right notices within the software may not be removed or changed.
    7.    A resale of the software is only permitted per software copy as a whole, i.e., by giving up
    your own use of the remunerated copy, you are entitled, by transferring the software to a
    third party, to transfer the right of use to this third party in accordance with the usage
    agreements existing between the provider and you. In the event of such a transfer to a
    third party, you are obliged to transfer to the third party all material relating to the
    contractual software and to delete the software on data carriers remaining with you.
    8.    Rights of Use Download
    9.    The buyer acquires a non-exclusive, non-sublicensable, spatially and temporally unlimited
    right of use to the software downloaded by him against payment. For the purpose of installation,
    the buyer may store the software from the download portal on the hard disk or a comparable
    storage medium of his computer. The buyer is not permitted to use the software on several
    computers (PC, laptop, etc.) at the same time. The buyer is entitled to carry out a duplication
    for backup purposes. The transfer of both the software and the license key to a third party
    is only permitted if the buyer completely and finally deletes all versions of the software
    in his possession including all possible backup copies and the corresponding license key.
    With the passing on of the software and the license key to a third party the right of the
    buyer to use the software and the license key expires. The statutory provisions shall apply.

§ 6 Remuneration

    1.    The indicated prices are valid in each case incl. the legal VAT.
    2.    The provider is entitled to forward the data transmitted to him to third parties as far as
    this is necessary for collection by these third parties (see also § 2, point 5).
    3.    The provider reserves the right to the contractual objects until full payment has been made.
    In particular, the Provider is entitled, if he withdraws from the contract, e.g. due to the
    Customer's default in payment, to prohibit further use of the software and to demand the
    surrender of all copies or, if surrender is not possible, the deletion thereof. Should a
    third party have access to the reserved property before the complete payment of the contractual
    software, you are obliged to inform this third party about the reservation of the provider and
    to inform the provider immediately in writing about the access of the third party.
    4.    The following methods are available for payment:

        -Payment via Sofortüberweisung.de. The general terms and conditions and terms of payment of
    Sofortüberweisung.de apply. To the terms and conditions of Sofortüberweisung.de.
        -Payment by Paypal. The general terms and conditions and payment conditions of Paypal apply.
    To the AGB of Paypal.
        -Payment by direct debit
        -Payment by credit card.
        -The buyer can only exercise a right of retention if his counterclaim is based on the same
    contractual relationship.

§ 7 Defects as to quality and title

    1.    With the software package or the download you receive the software free of material defects or
    defects of title.
    2.    A material defect is deemed to exist if the software is not suitable for use as described in
    the documentation contained in this Internet presentation and supplied or downloadable with it.
    The provider continuously checks that no promises beyond the documentation are made elsewhere
    with regard to the functionality and properties of the software. You can therefore assume that
    such descriptions of the software going beyond the documentation do not originate from the provider
    and are not known to him. If you become aware of such descriptions of the software which claim
    functions and features of the software which are not described in the documentation, please
    inform the provider.
    3.    A defect in title is given if the rights required for the contractually intended use are not
    effectively granted after transfer of the software.
    4.    Claims due to material defects and/or defects in title of the software are subject to a limitation
    period of two years. If the provider has fraudulently concealed the material defect, the limitation
    period for claims due to this defect is three years. After expiry of the limitation period, payment
    of the remuneration may be refused to the extent that you would be entitled to do so due to withdrawal
    or reduction.
    5.    The limitation period begins with the delivery of the software package or, in the case of a
    downloading agreement, as soon as you have received the key required for the download.
    6.    In order to improve the software and to eliminate errors, the provider asks you to report any
    defects to the provider immediately after their discovery and if possible in writing.
    You should also state, as far as possible, how the defect is expressed and affected and under what
    circumstances it occurs.
    7.    If defects are reported to the provider during the course of the limitation period, the provider will
    provide supplementary performance free of charge.
    8.    As part of the subsequent performance, the corrected software will again be delivered to you in the
    agreed manner. An error analysis and elimination on your system on site does not take place.
    The provider shall bear the expenses incurred within the scope of subsequent performance, in particular
    transport, travel, labour and material costs. You remain responsible for the installation.
    In the event of material defects or defects of title, the provider shall not assume the installation
    of the software on site within the scope of his obligations. If the program is modified as part of
    subsequent performance, the Supplier shall make the necessary adjustments to the documentation free of
    charge.
    9.    If a deadline set by you for subsequent performance expires without success, you may withdraw from the
    contract or reduce the purchase price and claim damages instead of performance or reimbursement of
    futile expenses.
    10.    Setting a deadline is not necessary if
    (a) the supplier refuses both types of subsequent performance, even if he is entitled to do so because of
    the costs incurred thereby, or
    (b) subsequent performance is impossible; or
    (c) the supplementary performance is unreasonable for you or
    (d) the subsequent performance has failed.
    11.    A subsequent improvement shall be deemed to have failed after the second unsuccessful attempt, unless
    something else results, in particular, from the type of software or defect or other circumstances.
    12.    You are not entitled to withdraw from the contract if the defect is insignificant. In this case you
    may also not claim damages instead of the entire performance.
    13.    In the event of rescission, any benefits derived shall be replaced. The compensation for use shall be
    calculated on the basis of a four-year linear depreciation of the purchase price.
    14.    Through the reduction, the purchase price is reduced by the amount by which the defect reduces the value
    of the software measured against the purchase price. The value at the time of the conclusion of the contract
    is decisive. If necessary, the amount shall be determined by estimation. In the event of a reduction,
    the amount already paid in excess of the reduced purchase price shall be refunded.
        If it turns out that a reported problem is not due to a defect in the software, the provider is entitled
    to charge the costs incurred for the analysis and elimination of the problem if you can be accused of
    intent or gross negligence.
    15.    The warranty obligation does not apply if changes are made to the software without express written permission,
    or if the software is used in a manner or software environment other than that intended, unless you prove
    that these facts are not connected with the error that occurred.


§ 8 Limitation of the amount of damages

    1.    The provider is liable for damages for any legal reason limited in amount according to this § 8.
    2.    The liability of the provider for damages caused by the provider or one of his vicarious agents or legal
    representatives intentionally or grossly negligent, is unlimited in amount.
    3.    In the case of damages resulting from injury to life, body or health, the liability is also unlimited in
    amount in the case of a simple negligent breach of duty by the provider or a legal representative or vicarious
    agent of the provider.
    4.    Unlimited in amount is the liability also for damages, which are due to serious organizational fault of the
    provider, as well as for damages, which were caused by lack of a guaranteed condition.
    5. In the event of a breach of essential contractual obligations, the provider shall be liable, if none of the
    cases mentioned in 8 (2) - 8 (4) is given, for an amount limited to the foreseeable damage typical for the contract.
    6. Any further liability for damages is excluded, in particular liability without fault is excluded.
    7. Liability under the Product Liability Act shall remain unaffected.
    8. If damage can be attributed both to a fault of the supplier and to a fault of the customer, the customer must
    allow his contributory fault to be taken into account. The customer is responsible for a regular backup of his
    data. In the event of a loss of data for which the provider is responsible, the provider is therefore only
    liable for the costs of copying the data from the backup copies to be made by the customer and for restoring
    the data, which would have been lost even if the data had been properly backed up.

§ 9 Product activation/keycode (license key) during download

    1. Insofar as the software requires product activation for unrestricted use, the buyer receives a key code
    (license key) with the mail to the download link. This can also be viewed in the user account under the
    menu item "My Downloads" under the designation "Serial Number".
    2. The buyer must ensure that the license key provided to him does not fall into the hands of third parties.
    He must protect it from unauthorized access by third parties. An exception to this is the transfer of the
    software including the license key to third parties with simultaneous deletion of the software and the
    license key by the buyer.
    3. For unrestricted use of the software, the buyer must enter the key code (license key) in the fields provided
    after installation of the software.


§10 Final provisions

    1. The customer may only offset claims of the supplier against undisputed or legally binding claims.
    2. Amendments and supplements to this contract must be made in writing. This also applies to changes to these provisions.


Basis for the data processing on our WEB presence is art. 6 para. 1 lit. f DSGVO, which permits the processing of data for the fulfilment of a contract or pre-contractual measures.

The EU Commission provides a platform for online dispute resolution (OS) under http://ec.europa.eu/consumers/odr/ Consumers can use this platform to settle disputes. However, we are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body.