Terms & Conditions
Terms and Conditions
The following General Terms and Conditions of Business (T&C) also contain legal information about your rights under the provisions relating to remote sales and e-commerce contracts.
1. Scope of application / definition
1.1 These General Terms and Conditions of Business apply to all services of AMPLECTOR Engineering UG (limited liability), Friesheimer Strasse 22, 50374 Erftstadt via this Internet Shop. Deviating conditions of the buyer are hereby expressly excluded. They will not become the content of the contract either by provision of the goods or by another implied action.
1.2 Our website and the offers found thereon are only directed towards contractors within the meaning of § 14 BGB [German Civil Code], i. e. any natural or legal person or a partnership with legal capacity who or which, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity. These alone are customers within the meaning of these General Terms and Conditions of Business.
1.3 Consumers, i. e., natural persons who conclude a legal transaction for purposes that cannot mainly be attributed to either their commercial or their independent professional activity, are not customers in the sense of General Terms and Conditions of Business
For an initial order by a new customer, we reserve the right to verify the customer’s characteristics as a contractor. Orders from consumers will not be accepted.
2. Contracting party
A contract will be concluded with AMPLECTOR Engineering UG (limited liability), Friesheimer Strasse 22, 50374 Erftstadt, represented by its Managing Director Bernd Kirchner.
3. Ordering procedure
3.1 Customers order in our shop by
a) Placing articles in their shopping basket
b) Displaying the basket
c) Going to Checkout
d) Logging in with their customer data or creating a new customer account
e) Selecting the payment method
f) Acknowledging and confirming our T&Cs
g) Confirming the accuracy of the information given by clicking on the button “order with payment liability” at the end.
4. Offer and concluding the contract
4.1 Your order constitutes a binding offer to us to conclude a contract. By ordering, you declare bindingly that you wish to purchase the ordered goods.
4.2 You will receive a copy of the order data with the e-mail confirming receipt of order, which you can save.
4.3 A contract is concluded when we accept your binding order for a product by providing the relevant licence key. If you pay in advance, the contract will at all events come into being in each case on sending the order confirmation e-mail.
4.4 The contract will be concluded exclusively in German.
5. Correction of input errors / Storage of the contract text
5.1 You can amend the contractual declaration made by you in connection with your order before submitting it at any time by clicking on the “Edit” button or in the context of the displayed edit fields. After submitting the order amendment is no longer possible.
5.2 The contract text of your order will be stored by us for a period of ten years from the date of order. If you lose the contract text relating to your order, please contact us by e-mail. We will gladly send you a copy of your order details. After expiry of the statutory retention period of ten years, the order data will be deleted here and can no longer be made available.
6. Test version
We offer the software products offered by us in a free trial version for 14 days.The free trial version can be taken at any time without an order.After the trial period of 14 days, the right of use of the trial version will expire, and a permanent right of use must be acquired through acquisition of the license key by way of purchase.
7. Prices
The prices indicated on the product pages are understood as price information to contractors, always with the addition of the statutory sales tax applicable to the order.
8. Delivery
8.1 The delivery of goods ordered will take place exclusively via download. We currently deliver to all countries; there is no delivery restriction. Dispatch of a data carrier is excluded. The delivery time depends on the payment method selected, as specified in 9.1 and 9.2.
8.2 By placing an order, the customer accepts the Terms and Conditions of Use of the purchased software, which can be accessed separately from these General Terms and Conditions.
9. Payment
9.1 Payment shall be made by credit card or advance payment, at the buyer’s discretion. In the case of payment by credit card, your card will be charged immediately after the payment transaction.
9.2 In the case of advance payment, please transfer the payment amount to us within 7 working days after the date of the order. If your payment has not reached us within two months of the date of the order, the contractual relationship reached between you and us on sending the order confirmation e-mail will be considered as dissolved. Neither we nor you will be further bound by your order.
9.3 Upon receipt of payment, we will provide you with the licence key and the programme download for the purchased product within 24 hours, by e-mail to the e-mail address registered by you on ordering.
10. Warranty
10.1 The statutory warranty rights will apply to all downloadable content provided.
10.2 If the customer is a contractor the following will also apply:
a) In the event of a defect in the delivered content we may choose whether we will remedy the defect by providing new licensed software, a new programme version or bug fixing. If we offer the customer a new programme version in which the fault discovered does not occur, the defect will also be deemed eliminated if the new version has slight differences in functionality or interface from the original version and such differences can be reasonably expected by the customer.
b) Obvious defects are to be notified to us in writing within five working days from receipt of the activation code, otherwise the assertion of a warranty claim in respect of such defects is excluded. To comply with the deadline, the customer who is a contractor shall bear the full burden of proof for the prerequisites of all claims, in particular for the fault itself, for the time of discovery of the fault and the timeliness of the complaint.
c) The limitation period for warranty claims is one year from the date of receipt of the activation code by the customer. This will not affect any claims due to damage from injury to life, body or health based on an intentional or negligent breach of duty by us or our legal representatives or agents and claims due to any other damage resulting from an intentional or grossly negligent breach of duty by us, our legal representatives or agents.
11. Liability
11.1 We will be fully liable under the statutory provisions for injury to life, body and health caused by a negligent or intentional breach of duty by us, our legal representatives or our agents, as well as for damage covered by liability under the Product Liability Act. We will be liable under the statutory provisions for damage that is not covered by sentence 1 and which is the result of intentional or grossly negligent breaches of contract and bad faith by us, our legal representatives or our agents. For damage based on the lack of a guaranteed quality, but which does not occur directly to the goods, we will only be liable if the risk of such damage is clearly covered by the guarantee of quality.
11.2 We will also be liable for damage caused by simple negligence where the damage thus arising is due to a violation of rights that actually must be granted to the customer in accordance with the content and purpose of the contract, and / or to a breach of obligations whose fulfilment is a pre-requisite for allowing proper execution of the contract and on whose compliance the contractual partner normally relies and may rely (cardinal obligations).
11.3 Any further liability is excluded regardless of the legal nature of the asserted claim.
12. Retention of title
12.1 If the customer is a contractor, we reserve ownership of the digital content until settlement in full of all claims from the ongoing business relationship.
12.2 The customer is obliged to inform us immediately of access by third parties to the digital content, such as in the case of a seizure.
12.3 We have the right to withdraw from the contract and to block the activation code in the event of a breach of contract by the customer, especially in case of payment arrears during the retention of title.
12.4 The customer is entitled to resell the digital content in the ordinary course of business. The customer hereby assigns to us all claims to the amount of the invoice arising to it from the resale to a third party. We hereby accept the assignment. After the assignment, the customer will be entitled to collect the debt. However, we reserve the right to collect the debt ourselves if the customer does not properly meet its payment obligations and is in default of payment.
1.3 Final Provisions
13.1 The law of the Federal Republic of Germany will exclusively apply, excluding the UN sales law.
13.2 In the case of contracts with merchants within the meaning of the HGB [German Commercial Code], i. e., customers carrying on a trade, or who are classified in the HGB as merchants on other legal grounds, as well as with legal entities under public law, Cologne is the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship.
*Our offer is solely meant for trade and industry, as well as for company owners. All prices are to be understood as strict net prices plus statutory VAT.