General Terms and Conditions (GTC) of Scriptfabrik.eu
1) Scope
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Scriptfabrik.eu (hereinafter referred to as "Licensor") apply to all contracts concluded between a consumer or entrepreneur (hereinafter referred to as "Licensee") and the Licensor regarding the software products (hereinafter referred to as "Software") displayed in the Licensor's online shop. The inclusion of the Licensee's own conditions is hereby objected to unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or professional activities.
1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a legally capable partnership who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Subject Matter of the Contract
2.1 The subject matter of the contract is the provision of the software offered by the Licensor to the Licensee in electronic form, with the granting of certain usage rights as defined more precisely in these GTC.
2.2 The Licensee does not acquire any intellectual property rights in the software. The source code of the software is not part of the provided software.
2.3 The condition of the software provided by the Licensor is based on the respective product description in the Licensor's online shop. The Licensor is not liable for any condition beyond this.
2.4 Installation is not part of the contract. The Licensor refers to the installation instructions for this purpose, particularly concerning the hardware and software environment in which the software is to be used.
2.5 Unless otherwise stated in the product description, the Licensee does not receive any additional support services, such as updates of the purchased software version or individual application support by the Licensor.
3) Conclusion of the Contract
3.1 The software products described in the Licensor's online shop do not constitute binding offers on the part of the Licensor but serve as an invitation for a binding offer by the Licensee.
3.2 The Licensee can submit an offer using the online order form integrated into the Licensor's online shop. In doing so, after placing the selected software in the virtual shopping cart and completing the electronic ordering process, the Licensee submits a legally binding offer regarding the software in the shopping cart by clicking the button that concludes the ordering process.
3.3 The Licensor may accept the Licensee's offer within five days by:
If several of the aforementioned alternatives apply, the contract is concluded at the time one of the aforementioned alternatives occurs first. If the Licensor does not accept the Licensee's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the Licensee is no longer bound by their declaration of intent.
3.4 The deadline for accepting the offer begins on the day after the Licensee sends the offer and ends at the end of the fifth day following the submission of the offer.
3.5 When submitting an offer via the online order form, the contract text is stored by the Licensor and sent to the Licensee after submission of their order along with these GTC in text form (e.g., email, fax, or letter).
3.6 Before submitting a binding order, the Licensee can identify input errors by carefully reading the information displayed on the screen. The zoom function of the browser can serve as an effective technical means to better recognize input errors by enlarging the display. The Licensee can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button concluding the order.
3.7 For the conclusion of the contract, only the German and English languages are available.
3.8 Order processing and contact usually take place via email and automated order processing. The Licensee must ensure that the email address provided by them for order processing is correct so that the emails sent by the Licensor can be received at this address. In particular, the Licensee must ensure that all emails sent by the Licensor can be delivered if SPAM filters are used.
4) Right of Withdrawal
The buyer has the right to withdraw from the purchase contract within 14 days without giving any reason, provided that the software has not yet been downloaded. The withdrawal period is 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, the buyer must inform the company of their decision to withdraw from this contract by means of an unequivocal statement (e.g., a letter sent by post or email). The attached model withdrawal form may be used for this purpose, but it is not mandatory.
To meet the withdrawal deadline, it is sufficient for the buyer to send the notification concerning the exercise of the withdrawal right before the withdrawal period has expired.
Consequences of Withdrawal:
If the buyer withdraws from this contract, the company shall reimburse all payments received from the buyer without undue delay and in any event not later than 14 days from the day on which the company received the notification of withdrawal. For this reimbursement, the company will use the same means of payment used by the buyer in the original transaction, unless expressly agreed otherwise; in no case will the buyer be charged any fees for such reimbursement.
Exclusion or Early Expiry of the Right of Withdrawal:
The right of withdrawal expires early if the buyer has expressly agreed that the company may begin executing the contract before the withdrawal period has expired and the buyer has confirmed their awareness that they lose their right of withdrawal once the execution of the contract begins.
The right of withdrawal also expires as soon as the buyer has downloaded the software, as it concerns digital content that cannot be returned once downloaded.
5) Compensation, Payment Methods
5.1 For the provision of the software, including the granting of the necessary usage rights, the Licensor receives a flat-rate license fee, the amount of which is determined by the respective product description.
5.2 The prices indicated by the Licensor are total prices and include statutory VAT.
5.3 The Licensee has various payment options available, which are specified in the online shop.
5.4 Payment methods for the Licensee:
Bank Transfer: Payment in advance, processing begins after payment is received.
PayPal: A transaction fee of up to 3.2% of the purchase price is borne by the Licensee.
Stripe: Supports Visa, Mastercard, SEPA, Apple Pay, etc. Similar fees as PayPal apply.
Instalment Payment: Available only for loyal customers with a good payment score.
5.5 Provisions in Case of Payment Default
Default on Installment Payments: The customer is in default if they fail to make the payment by the due date specified in the contract, without the need for further notice (§ 286 para. 2 no. 1 BGB), provided that this provision was explicitly noted in the contract. In such a case, we are entitled to immediately claim interest on arrears at the statutory rate and a flat reminder fee. This fee is generally 5.00 euros per reminder, unless higher reminder costs can be proven.
Reminder After 14 Days of Default: If no automatic default clause is contractually agreed, we will issue a first reminder 14 days after the due date has passed. The outstanding amount must be paid within the period specified in the reminder. If the amount is not settled within this reminder period, we reserve the right to take legal action.
Continued Non-Payment: In the case of repeated non-payment or a significant delay in payment (more than two consecutive installments or 10% of the total amount), we reserve the right, in accordance with § 498 BGB, to declare the entire remaining debt immediately due. Additionally, we are entitled to assign the claim to a collection agency, which may result in further costs that the customer must bear in full.
Service Restrictions in Case of Payment Default: Until the full settlement of the outstanding amount, we reserve the right to restrict access to further services or terminate the contractual relationship early if legally permissible.
6) Delivery of the Software
6.1 The Licensor provides the software by making a digital copy available for download. A link is provided via email.
6.2 Compliance with delivery deadlines is determined by the point in time when the software is available online and communicated to the Licensee.
7) Granting of Usage Rights
7.1 The Licensor grants the Licensee a simple, unlimited, transferable right to use the software in the agreed hardware and software environment for private and/or business purposes.
7.2 The Licensee is not granted the right to modify the software.
7.3 The rental of the software is not permitted.
7.4 The Licensee is prohibited from removing or modifying any existing copy protection.
7.5 The Licensee must take appropriate technical and organizational measures to ensure the intended use of the software.
7.6 The Licensee is entitled to create a backup copy for backup purposes.
7.7 If the Licensee transfers the usage rights to a third party, they must impose their contractual obligations on the third party.
7.8 The granting of rights becomes effective only upon full payment.
7.9 If the Licensee seriously violates the agreed usage rights, the Licensor may terminate the granting of usage rights extraordinarily.
8) Rental License for Our Software
8.1 A software rental license is a usage model in which the software is not purchased permanently, but rented for a specific period of time. The licensor remains the owner of the software, while the customer acquires only the right to use it for a limited time. This model allows for quick access to the software, which is provided either on the company's own servers or in the cloud.
8.2 The rental costs are typically incurred at regular intervals, such as monthly or – unless otherwise agreed – annually. The exact prices can be found in the respective product description. These fees usually include maintenance, support, and updates, which minimizes the effort for the customer. Businesses particularly benefit from this model if they need flexibility to adapt to changing requirements, such as seasonal fluctuations in usage. Additionally, the need for a high initial investment is eliminated, as the total costs are evenly distributed over the entire usage period.
9) Obligations of the Licensee
9.1 The Licensee must inform themselves of the essential functional features of the software and bear the risk that these meet their needs.
9.2 The Licensee must follow the instructions for installation and operation.
9.3 The Licensor recommends making provisions for potential malfunctions, including data backups.
10) Warranty for Defects
The statutory provisions on warranty apply to the software.
11) Applicable Law
The law of the Federal Republic of Germany shall apply, excluding international sale of goods laws. Consumers' protections by mandatory laws of their state of residence are unaffected.
12) Jurisdiction
If the customer is a merchant, exclusive jurisdiction for all disputes shall be the Licensor's place of business.
13) Alternative Dispute Resolution
13.1 The EU Commission provides a platform for online dispute resolution: https://ec.europa.eu/consumers/odr
13.2 The Licensor is not obliged but generally willing to participate in a dispute resolution procedure.
Status: October 2024
