1.1 These General Terms and Conditions (hereinafter “GTC”) of Törehan Erbek, acting under “Törehan Erbek” (hereinafter “Entrepreneur”), apply to all contracts for the provision of software concluded between a consumer or entrepreneur (hereinafter “Customer”) and the Entrepreneur regarding the software products (hereinafter “Software”) displayed by the Entrepreneur in his online shop. The Entrepreneur hereby objects to the inclusion of the Customer’s own terms and conditions, unless otherwise agreed.
1.2 A consumer, as defined in these GTC, is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity.
1.3 An entrepreneur, as defined in these GTC, is a natural or legal person or a legally responsible partnership that acts in the exercise of its commercial or self-employed professional activity when concluding a legal transaction.
2.1 The subject matter of the contract is the provision of the software offered by the Entrepreneur in electronic form, including the granting of certain usage rights regulated in more detail in these GTC.
2.2 The Customer does not acquire any intellectual property rights to the software. The source code of the software is not part of the software provided.
2.3 Installation is not part of the contract. In this respect, the Entrepreneur refers to the installation instructions. This also applies in particular to the hardware and software environment in which the software is used.
2.4 Unless otherwise stated in the Entrepreneur’s product description, the Customer does not receive any individual application support from the Entrepreneur.
3.1 The software products described in the Entrepreneur’s online shop do not constitute binding offers by the Entrepreneur, but are intended to constitute a binding offer by the Customer.
3.2 The Customer can submit the offer using the online order form integrated into the Entrepreneur’s online shop. After the selected software has been placed in the virtual shopping cart and the electronic ordering process has been completed, the Customer submits a legally binding contract offer with regard to the software contained in the shopping cart by clicking the button that concludes the ordering process.
3.3 The entrepreneur may accept the customer’s offer within five days by:
If several of the aforementioned alternatives are present, the contract comes into effect at the point in time when one of the aforementioned alternatives occurs first. The deadline for accepting the offer begins on the day after the offer is sent by the customer and ends with the expiry of the fifth day following the sending of the offer. If the entrepreneur does not accept the offer from the customer within the aforementioned period, this shall be deemed a rejection of the offer, and the customer shall no longer be bound to their offer.
3.4 The period for accepting the offer shall be extended accordingly in the event of a request from the customer to make changes or additions to the software or in the event of a delay in the provision of information or data required from the customer.
3.5 The contract text shall be stored by the entrepreneur after the contract has been concluded and shall not be made accessible to the customer. The entrepreneur shall provide the customer with information on the essential characteristics of the software ordered and the services offered before the customer places their order.
4.1 Consumers are generally entitled to a right of withdrawal.
4.2 More information on the right of withdrawal can be found in the entrepreneur’s cancellation policy.
5.1 Unless otherwise stated in the entrepreneur’s product description, the prices quoted are total prices that include statutory value-added tax. If applicable, additional delivery and shipping costs will be specified separately in the respective product description.
5.2 In the case of deliveries to countries outside the European Union, additional costs may be incurred in individual cases for which the entrepreneur is not responsible and which must be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of money if the delivery is not made to a country outside the European Union but the customer makes the payment from a country outside the European Union.
5.3 Payment options will be communicated to the customer in the entrepreneur’s online shop.
6.1 The entrepreneur shall provide the software to the customer in accordance with the agreement reached with the customer.
6.2 If the customer is a consumer, the risk of accidental loss and accidental deterioration of the sold item shall only pass to the customer upon delivery of the item, even in the case of mail-order purchases.
6.3 If the customer is an entrepreneur, delivery and dispatch shall be at the customer’s risk.
7.1 The entrepreneur grants the customer the non-exclusive, non-transferable right to use the software within the scope of the agreed upon purpose and these terms and conditions.
b>7.2 The customer is not granted any editing rights.
7.3 Rental of the software is not permitted.
7.4 The customer is prohibited from removing and/or modifying any copy protection that may be present.
7.5 The customer is entitled to make a copy of the software for backup purposes. The reproductions of the software that serve as a proper backup are part of the intended use.
7.6 If the customer exercises their right to transfer usage rights to a third party, they must impose their contractual obligations on the third party. Upon transfer, the customer’s usage rights expire. All existing copies of the software must be deleted.
7.7 The granting of rights only becomes effective once the customer has fully paid the due compensation.
7.8 If the customer seriously violates the agreed usage rights to such an extent that it is no longer reasonable for the entrepreneur to continue with the contract, the entrepreneur may terminate the agreement to grant usage rights to the affected software without notice.
7.9 In the event of termination, the customer is obliged to delete all existing copies of the software and confirm this to the entrepreneur in writing upon request.
7.10 The other legal and contractual regulations remain unaffected.
8.1 The customer must inform themselves about the essential functional features of the software. The setup of a functioning and sufficiently dimensioned hardware and software environment for the software, taking into account the additional load caused by the software, is the sole responsibility of the customer.
8.2 The customer must follow the instructions given by the entrepreneur for the installation and operation of the software.
8.3 The entrepreneur recommends that the customer take appropriate measures in case the software does not work properly in whole or in part (e.g., by performing daily data backup, troubleshooting, regular verification of data processing results) and to carry out suitable data backup before installing the software.
If the software is defective, the provisions of statutory warranty for defects apply.
For all legal relationships between the parties, the law of the Federal Republic of Austria applies, excluding the laws on the international sale of goods. This choice of law applies only to consumers to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
If the customer is acting as a merchant, legal entity under public law, or special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the entrepreneur. If the customer’s registered office is outside the territory of the Federal Republic of Germany, the registered office of the entrepreneur is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the customer’s professional or commercial activity. However, in all cases, the entrepreneur is entitled to call upon the court at the customer’s registered office.
12.1 The European Commission provides an online platform for dispute resolution, which can be accessed via the following link: https://ec.europa.eu
This platform serves as a point of contact for out-of-court dispute resolution relating to online purchase or service contracts in which a consumer is involved.
12.2 The company is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.