Terms and Conditions
General Terms and Conditions of Business of the online shop conTimbre.com
General Terms and Conditions of Business of contracts between customers and conTimbre for all services and contracts about delivery of software, represented by Thomas Hummel, Beethovenstr. 30, D79100 Freiburg (hereinafter referred to as "conTimbre").
§ 1 Area of Applicability
1. For the relation between conTimbre and the customer, the following terms and conditions of business hold exclusively true in the version applicable on the date of the order. conTimbre does not accept deviating conditions of the customer, if a formal written agreement from conTimbre is not present.
2. In addition to the General Terms and Conditions of Business, the licensing terms hold true to use the software. In the case that the licensing terms are in contradiction with the general terms and conditions, they have priority.
3. The following terms and conditions of business are written in english language. They may be loaded into the memory of the customer's computer and may be printed out. The address of conTimbre and it's representative may be taken from the website http://www.contimbre.com. On demand, the terms and conditions may be requested in digital or printed form by contacting the representative of conTimbre: Thomas Hummel, Beethovenstr.30, D79100 Freiburg or by the email address info(at)contimbre.com.
4. Single or individual agreements with the customer (including side-agreements, supplements and changes) have priority over these conditions. They need the written form. Legally effective statements or anouncements, which have to be expressed after the contractual settlement by the customer, need the written form. This includes deadlines, notices of defects, withdrawal announcements and abatements.
5. conTimbre is allowed to change the content of these terms and conditions, if the customer agrees and if the change is reasonable for the customer. The change has been accepted by the customer, if the customer does not contradicts within a month after the reception of the message of change. Together with the message of change, conTimbre is obliged to indicate the consequences of a non expressed contradiction to the customer.
§ 2 Contractual Settlement
- The offers of the website contimbre.com without engagement and not binding.
- An order constitutes an offer to conTimbre to a settle a contract. If the customer orders at conTimbre, an email will be sent from conTimbre confirming the order and listing details (confirmation of order). The confirmation of order is not an acceptance of the offer of the customer.
- The contract is only settled after receiving written confirmation from conTimbre, or from
the beginning of the execution of the contract.
- The software will be delivered on a suitable storage system (hard drive) or may be downloaded. The delivery software is the most recent version.
- The software includes also free updates. The customer automatically participate at the free update process.
§ 3 Rights of Refund and withdrawal instruction
Statutory right of withdrawal for customers
Customers have the right to withdraw according to the following stipulation. Herein, the customer is any individual person, which acts in the law for the purpose, which is predominantly neither a part of its commercial nor self-employed professional activity.
Statutory right of withdrawal
The deadline is 14 days after the day,
- in the case of a contract of purchase: when you or a third person indicated by youreceived the last delivered goods. Herein, the third person is not the deliverer.
- In the case of a purchase contract of several goods, which the customer ordered within one order and which are delivered separately: when you or a third person indicated byyou received the last delivered goods. Herein, the third person is not the deliverer.
- in the case of delivery of one good in several pieces or partial shipments: when you or a third person indicated by you received the last delivered goods or piece. Herein, the third person is not the deliverer.
- In case of a purchase contract of periodic delivery of goods over a definitive period: when you or a third person indicated by you received the first delivered goods. Herein, the third person is not the deliverer.In case of several alternatives at same time, the last deadline is valuable.
In order to execute your right of withdrawal, you have to send a mail to:
Owner: Thomas Hummel
or send an email to info(at)contimbre.com.
The mail or email has to contain an explicit declaration about your decision to withdraw the contract. You may use this withdrawal form (please click). The use of the withdrawal form is not obligatory.
You stay within the deadline, if your notice about the withdrawal has been sent within the deadline.
Consequences of Cancelation
In case of an effective cancelation, we are obliged to to return all payments we received from you including delivery costs without delay and latest within 14 days from the moment when we received your withdrawal notice. Excluded from delivery costs are delivery costs which stem from your decision for another option of delivery than the cheap standard delivery option we were offering. For the refund, we will use the same instrument of payment that was used in the primary transaction. Another payment instrument is only used, if we explicitly agreed. In no case, transaction fees will be charged.
We may refuse the refund until the moment we received the goods back or until the moment where you furnished proof that you sent the goods back, depending which moment is the earlier one.
You have to send the goods back or deliver the goods without delay, at latest 14 days from the day, at which you informed us about your withdrawal. The goods have to be sent to conTimbre, Thomas Hummel, Beethovens.30, D79100 Freiburg. You are within the deadline if you send the goods within the deadline.
The costs of return of goods have to be paid by you.
If the value of the goods is decreased because you were using the goods in a way, which is not necessary to test the function and the properties of the goods, we will charge you for the value decrease.
End of Withdrawal Instruction
Distance Selling Regulations void the right of withdrawal for
- deliveries of tailor made products or products which have been manufactured according to the customer's specifications or which are not reproduced and where the production of goods has been mainly chosen by the customer.
- delivery of goods, which have been inseparably mixed with other goods after delivery.
- deliveries of audio and video recordings, or software which has been delivered on a hardware medium such as sealed hard drive, when the seal was broken after the delivery.
- The delivery of newspapers and magazines without subscription contracts.
- The same applies for products which due to their nature are unsuitable for a return such as perishable products or products where the expiry date has passed.
Furthermore, Distance Selling Regulations void the right of withdrawal for deliveries of audio and video recordings, or software with a broken seal.
For the delivery of software, which is not bound to a hardware medium (such as download), the right of withdrawal ends under the following conditions:
- conTimbre has started the execution of the contract, after the customer has given consent to start the execution of the contract and in same time has acknowledged that he was informed that the right of withdrawal ends with the start of execution.
§ 4 Prices and payment conditions
- Catalogue prices apply at the moment of ordering, as they are presented on the web site. All prices are fixed and include taxes (net price plus sales taxes).
- The customer may pay with paypal, credit cards or with advance payment. conTimbre reserves the right to exclude certain forms of payment in specific cases.
- Should the customer be in arrears in respect to paying the designated purchase price, conTimbre is entitled to charge 5,00 Euro overdue fines. conTimbre may take advantage of collection agencies for outstanding claims. In the event conTimbre is in a position to substantiate greater damages caused by delay, the firm reserves the right to raise corresponding legal claims.
§ 5 Delivery on hardware medium
- Unless otherwise agreed, products are delivered to the delivery address, if they are bound to a hardware medium. conTimbre points out that all information regarding the availability and the delivery date are estimated. They are not guaranteed or binding delivery dates, if this was not explicitly declared to be a guaranteed delivery date.
- When conTimbre realises during the processing of an order, that the products ordered by the customer are currently not available, the customer is informed in a separate email. If conTimbre without fault by its own is not able to deliver the ordered product, because the supplier does not meet its contractual obligations, conTimbre has the right to withdraw against the customer. In this case, the customer is immediately informed that the ordered product is not available. Legal claims of the customer are not affected.
- If the delivery to the customer is not possible because the customer is not present at the specified delivery address, although the date of delivery was announced within a reasonable period. The customer will bear the costs for unsuccessful delivery.
- Irregularities of the delivery have to be communicated to conTimbre. In this case, subsequent delivery is immediately arranged. The customer must communicate a change of address immediately to conTimbre. If products cannot be delivered because the customer has not communicated a change of address, or communicated it too late, the customer is bound to accept the order. In this case, the customer may not call for another free delivery or compensation.
- Deliveries outside EU may cause additional costs (e.g. toll, import turnover taxes,..). Theses costs have to be payed by the customer.
§ 6 Offsetting, Retention
- The customer can set off only if assert rights of retention are undisputed by conTimbre or are final and absolute under a court judgment and
- The customer has the right of retention only in the case, that the retention is based on the same contractual relationship.
§ 7 Reservation of Ownership
Until all payment responsibilities have been fulfilled by the customer, the delivered goods remain the legal property of the conTimbre.
§ 8 License Terms, Transfer
- conTimbre grants the client a simple, non-exclusive, and temporally as well as spatially unrestricted license to use the software in machine-readable form (object code) as well as the documentation in conformity with the contract. The documentation meant in this context is integrated electronically into the software or stored on the provided data storage device. The client shall not be granted any further rights to the software and the documentation.
- The license shall not be shared. The client is only authorized to transfer the rights described in this license agreement if he or she adheres to the following conditions:
- a) the terms of the license described herein shall be transferred in their entirety;
b) the client shall transfer all copies of the software to the new licensee, including the data storage devices and documentation belonging to them;
- c) the client shall delete the installed software so that recovery is impossible; and
- d) the new licensee shall agree to these licensing terms.
§ 9 Liability for defects, Exclusion of Liability
- The statutory warranty regulations hold true. if the delivered goods have defects, the customer has the right to request the remedy of the defect or the delivery of the goods without defect. If the remedy or the second delivery fails, the customer may lower the purchase price or may withdraw the contract, if the defect is substantial.
- The prescription period of warranties for the delivered goods is two years from the moment of reception of the goods. If the customer is an enterpriser after §14 BGB, the prescription period is one year.
- conTimbre is liable without limits for all damages incurred through deliberate or grossly negligent action by conTimbre itself or assistants or vicarious agents. For slight negligence, conTimbre is only liable if it neglects a duty which is essential for the attainment of the contract purpose. In this case, the liability is limited to the foreseeable and typical financial damage. conTimbre is not liable for the slight negligence of other duties which are not mentioned here.
- Additonally, conTimbre is liable for claims from the product liability law and other obligatory legal liability provisions. conTimbre is without limitation liable for death, bodily injury, or illness through conTimbre or assistants or vicarious agents when
simply neglecting duties.
- conTimbre is not obliged to fulfill its duties in cases of force majeure. Force majeure includes all not foreseeable events and events, where no contract party is responsible for the consequences on the fulfillment of the contract. These events are e.g. official legal strikes, official measures, failure of communication networks, and gateways of other providers, disturbances in the network hardware and other malfunctions, even if the malfunctions appear in the area of subcontractors or their subcontractors.
§ 12 Place of Execution and Place of Jurisdiction
- Legal jurisdiction is exercised by the Federal Republic of Germany exclusively. The UN Convention on Contracts for the International Sale of Goods is excluded, as well as the conflict rules of the international civil law.
- As long as the customer is not a consumer, the place of execution for all services and products negotiated in business transactions with conTimbre is Freiburg im Breisgau, Federal Republic of Germany. If the customer is a businessman, legal entity of public law or public special fund, Freiburg im Breisgau shall be the exclusive place of jurisdiction for any disputes arising directly or indirectly from the contractual relationship with the customer or from these general terms and conditions.
§ 13 Final Clause
Should any of these individual contractual conditions – for which reasons whatsoever – not be legally enforceable, this does not mitigate the legal validity of the remaining agreements in any way. The contractual partners will replace the invalid provisions by those which come economically closest to the will of the contractual partners.