Conditions for International Sale
1. Scope of Terms
This Agreement defines the general terms and conditions governing all transactions between dureg GmbH (full address at end, also referred to as dureg) and the customer purchasing products and services on the dureg online store (referred to as Customer).
These terms and conditions are valid only for sales outside Germany. For sales to Germany please refer to the terms in German language made available elsewhere on this site.
All sales, services and related actions on any dureg web site are exclusively subject to these terms and conditions. These terms and conditions also apply to future contractual relations, even if they weren't expressly reconfirmed.
The terms and conditions are acknowledged upon registration and confirmation of a purchase and enter into force at the very latest at the time a Customer receives a service or delivery.
Opposing terms or conditions that are submitted as part of orders or in other ways are rejected without exception and any change or modification of terms must be confirmed in writing by dureg GmbH before they can enter into force.
2. Right to Return/Cancel a purchase
A Customer may recall any purchase within two weeks of the date of the purchase without providing any justification by providing written notice by letter, fax or email. For CD-ROM purchases the CD-ROM must be returned in the unopened package.
The cancellation and return of goods must be sent to the following address:
dureg GmbH
Industrie- und Gewerbepark 30a
D-07426 Königsee, Germany
Fax: +49 36738 66435
info@dureg.com
Consequences of a Return/Cancellation:
In the case of a return or cancellation the purchase contract is void and both parties must return what they have received in full, without retaining copies.
In case of Software, Audio- & Video-Media or a payable Online service the Customer prematurely gives up the right to return if the product or service is used before the end of the return period, i.e. by receiving a licence or serial number, a right to use or by breaking the seal on a CD-ROM or other media.
If the item is returned unopened in the original box, we will exchange it or offer you a refund based on your original method of payment. The product must be returned within 10 business days after cancellation. All products must be packed in the original, unmarked packaging including any accessories, manuals, documentation and registration that shipped with the product. An open box fee can be assessed on any opened and used hardware or accessory. To prevent such fee, please only inspect the product in a way you would do in a shop.
The above right to return or cancel does not apply to companies, liberal professions or self-employed Customers purchasing for business use (as defined in § 14 of the German civil code / BGB).
dureg recommends that you (1) use a carrier that offers shipment tracking for all returns and (2) either insure your package for safe return to dureg or declare the full value of the shipment so that you are completely protected if the shipment is lost or damaged in transit. If you choose not to (1) use a carrier that offers tracking and (2) insure or declare the full value of the product, you will be responsible for any loss or damage to the product during shipping.
3. Contractual Counterpart
Any contract closed on a dureg web site is with
dureg GmbH
Industrie- und Gewerbepark 30a
D-07426 Königsee, Germany
4. Offer and closing of contract
dureg GmbH offers its Customers the possibility to purchase software or software licences in the form of serial numbers, licence keys or unlock codes. All data shown on dureg´s web sites is subject to change at any time and may contain errors.
A contract requires confirmation by dureg, an unconfirmed order by the Customer does not constitute a contract. The contract is fulfilled when dureg sends the licence data by email and the Customer has paid the amount due. Changes to this process are to be treated as mutually accepted cancellation of contract and enactment of a new contract.
5. Pricing
dureg GmbH is a company under German and EU law, hence German law applies to all transactions. All Customers from Germany must pay German sales tax, which is shown seperately on the invoices issued by dureg GmbH.
Customers from other countries in the European Union must also pay German sales tax, unless they provide their local tax ID and their ID has been verified by dureg GmbH prior to the purchase, in which case they are exempted from German sales tax and the invoice will show both dureg and Customer tax IDs.
6. Methods of Payment
At the time of the purchase the Customer may decide to pay by credit card, PayPal, Giropay (currently only available in Germany) or any other form of payment offered by dureg.
Payment is enacted through a suitably certified third party and dureg does not receive or store any credit card data.
Payments that are returned require the Customer to refund dureg GmbH any related bank charges and dureg may decide to close the affected Customer account.
7. Title
Any sale by dureg GmbH remains the property of dureg until the product received is paid in full, including full payment of previous deliveries. Any right of the Customer arising from further sale to a third party is automatically ceded to dureg GmbH and the third party is subject to the same title by dureg GmbH.
8. Availability
Services and products are designed to be available for purchase 24x7. However, there is no warranty of any kind for availability of dureg services at any particular time, and dureg GmbH is not responsible for interruptions of service regardless of their origin or cause.
9. Warranty
Services and products sold are subject to the minimum EU warranty, rights from other countries than Germany do not apply.
The Customer will check the received product or service for defects immediately upon receipt. Any obvious defects must be communicated to dureg GmbH in writing within 14 days from the date of purchase (business Customers must complete this in 3 days) to be protected under warranty. After this period, protection for obvious defect is void.
dureg GmbH automatically cedes all warranty rights against the manufacturer/author of the product or service purchased to the Customer. The Customer accepts the automatic cession by accepting these terms and conditions and agrees to directly interact with the manufacturer/author on any warranty issues.
dureg does not guarantee any feature, property or compatibility, whether advertised on a dureg web site or elsewhere. The selection of purchased products is the sole responsibility of the Customer.
Technical support is provided exclusively by the manufacturer/author of a particular product.
10. Confidentiality
The Customer agrees to store access data in a safe place and keep this data out of reach of third parties. The Customer is not allowed to let third parties use his access data.
11. Limitation of liability
dureg GmbH does not provide any warranty as to the information on the dureg web sites being current, correct, complete or of high quality. All offers are subject to change at any time and non-binding. dureg GmbH may implement any change to the web site at any time, including significant or complete modifications as well as temporary or permanent cease of publication.
dureg GmbH under no circumstances will be liable for direct, indirect, incidental, special or consequential damages resulting from the use of, or inability to use, site materials, downloads, products or services. This policy also applies to third party materials, products or services made available through dureg´s web sites. In any event the liability of dureg GmbH is limited to five times the value of the purchased product or 500 Euro, whichever is the lower value. Any liability expires one year after the incident creating the liability.
12. Copyright and Trademarks
dureg strives to respect trademarks and copyrights in every way possible. Any copyrighted material or trademarks used on any dureg web site remain exclusively goverened by the rights of their respective owner.
In particular the use of copyrighted material or trademarks on one of dureg´s web sites does not infer the right to use by any third party - if in doubt always first contact the owner of the copyrighted material or the holder of the trademark in question!
Items that are created by dureg GmbH or are under the copyright or trademark of dureg GmbH require the written consent of dureg GmbH prior to publication outside the web sites of dureg, all other rights reserved.
Use of any addresses published on any dureg web site for inclusion in directories or for transmitting unsolicited offers of any kind is strictly prohibited.
13. Severability, jurisdiction and applicable law
If any provision of this Agreement is invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect, and the parties will replace the invalid or unenforceable provision with a valid and enforceable provision that comes closest to the economic effect of the original Agreement.
This contract is governed by the laws of the Federal Republic of Germany. Any litigation between the parties will take place in Rudolstadt, Germany or other competent courts local to dureg and desginated responsible by German law. Both parties waive any objections to the jurisdiction of and venue in such courts.
Königsee, March 2009
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