§ 1 Scope of these terms
The company 'Dennis Waßenberg und Thomas Biela Softwareentwicklung GbR' (hereinafter: service provider) provides its services, performances and deliveries exclusively on the basis of these general terms and conditions. Opposing or from these AGB deviating conditions of the customer are not recognized by the service provider, unless their validity was expressly agreed in writing.
The customer agrees to be informed about changes of these general terms and conditions when registering in the member area or by e-mail to the e-mail address deposited by the customer. This can be changed at any time by the customer in the member area. They shall be deemed approved if the customer does not object in writing or in text form within one month of receipt ("objection period"). The service provider will refer to this circumstance separately with the change notification. It is recommended to the customer to address the objection in writing or by e-mail to the service provider for purposes of preserving evidence.
§ 2 Conclusion of contract and subject matter of contract
The contract is concluded with:
Biela & Wassenberg Software GbR
The use of the services requires a registration. Unless otherwise agreed, a contract is concluded upon successful completion of the registration process. Alternatively, even if the contractually agreed service is provided to you.
The customer is not entitled to the conclusion of a contract. The service provider is free to reject any offer of a customer to conclude a contract without giving reasons.
The subject matter of these GTC is the use of the dewabit Listing Software for ebay and the other services of the service provider ("Services"). dewabit Listing Software is software that enables the customer to post and manage articles on the sales platform "ebay".
§ 3 License acquisition
With the contract, the customer receives the non-transferable and non-exclusive right to use the services offered by the service provider for the duration of the contract. The customer's claim to use the offered service exists only within the framework of the current state of the art. This means that temporary restrictions of the offer due to technical disturbances such as interruption of the power supply, hardware and software errors, planned updates or similar disturbances cannot be excluded. The Service Provider further reserves the right to temporarily restrict or suspend the services if this is necessary within the scope of capacity limits or the execution of technical measures or maintenance work. Planned maintenance work will be announced in advance in the member area.
§ 4 Fees and terms of payment
There are fees for the use of the service. The current prices for the use of the software can be found on the product page:https://dewabit.com/#section-pricing. All prices are quoted in Euro. All prices refer to a usage period of one month.
The customer will be charged for the use of the service at the end of any trial period granted. The contract is not automatically renewed.
As payment methods we currently only offer payment via PayPal.
§ 5 Contract duration and termination
If a test phase is specified in the order offer (e.g. "Test now 30 days free of charge"), the customer has a test phase with the first purchase of the service. The test phase begins with the successful completion of the registration process. During the test phase the customer can extensively test the basic product including all offered modules. The free trial period is 30 days and cannot be extended.
Before continuing to use the service after the end of the test phase, the customer must extend the contract by selecting a suitable tariff. The contract period is one (1) month.
The contract expires automatically at the end of the usage period and is not automatically extended. The expiry of the respective usage period can be viewed in the member area. The right to extraordinary termination for important reasons remains unaffected.
§ 6 Privacy
The customer is informed that the service provider collects, processes and uses his personal data to the extent required for the provision of his contractual services.
The service provider will not transmit any data to third parties without your express consent. Unless this is necessary for the provision of the service or processing of payment.
Further information on data protection and on the purpose, type and scope of the collection, processing and use of personal data can be found in our data protection declaration.
You will find the data protection declaration under the following link: https://dewabit.com/privacy
§ 7 Obligations and liability of the customer
The customer must enter the required data and media into the system himself. The customer must only provide truthful information.
The customer has to take care to protect his access data from the misuse of third parties and is liable under exclusion of the liability of the service provider for all contents and information he has entered, in particular for the information regarding the products or services offered by him.
The customer is obliged to check his registration data with each use and to change changed user data.
§ 8 System integrity
The customer is not entitled to use mechanisms, data processing programs or other scripts in connection with the use of the services, which can disturb the functioning of these services. The customer may not take any measures that may result in an unreasonable or excessive burden on the service provider infrastructure. Furthermore, the customer is not permitted to block, overwrite or modify content or to interfere in any other way with the services.
If the customer makes subsequent changes to the source code or integration code of the software, any warranty shall lapse.
§ 9 Liability
The service provider excludes his liability for slightly negligent breaches of duty, insofar as these do not concern essential contractual obligations, damages from injury to life, body or health or guarantees or claims under the Product Liability Act are affected. The same applies to breaches of duty by our vicarious agents.
The service provider provides system resources for its servers and guarantees the availability of its services (network & own servers) of 98% on an annual average. Excluded from this are times in which the services cannot be accessed via the Internet due to technical or other problems which are not within the sphere of influence of the service provider (force majeure, fault of third parties, etc.). Also excluded are times for maintenance and data backup.
The service provider may restrict access to the services if the security of the network operation, the maintenance of the network integrity, in particular the avoidance of serious disturbances of the network, the software or stored data requires this. The Service Provider is entitled to deactivate or uninstall programs.
§ 10 revocation instruction
For customers, who are consumers in the sense of § 13 BGB, the following right of revocation is granted:Right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons. The revocation period shall be fourteen days from the date of conclusion of the contract. In order to exercise your right of withdrawal, you must inform Biela & Wassenberg Software GbR, Huhnsgasse 12, 50676 Cologne, Germany, email@example.com of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You can use the attached sample revocation form, which is not mandatory. In order to comply with the revocation period, it is sufficient for you to send the notification of exercising the right of revocation before the expiry of the revocation period.Consequences of revocation
If you revoke this Agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this Agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund.Patterned withdrawal form
(If you want to cancel the contract, please fill out this form and send it back.)
- I/we (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following
- goods (*)/ the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of consumer(s)
- Consumer(s) Address
- Consumer(s) signature(s) (only for communication on paper)
- (*) Delete as applicable
§ 11 Concluding provisions
Should any provision of these General Terms and Conditions be invalid, the remainder of the contract shall remain valid. Instead of the invalid provision, the relevant statutory provisions shall apply.Applicable law
The entire contractual relationship between the user of the GTC [Biela & Wassenberg Software GbR] and its commercial contractual partner shall be governed by the laws of the Federal Republic of Germany (to the exclusion of the UN Convention on Contracts for the International Sale of Goods), unless otherwise individually agreed. The same applies to contractual relationships with consumers subject to the mandatory consumer protection regulations of the country in which the consumer has his domicile/ordinary place of residence.Place of jurisdiction:
If the customer is not a consumer but a merchant, a legal entity under public law or a special fund under public law, the place of performance for all services arising from the business relationship with him and the place of jurisdiction shall be the registered office of Biela & Wassenberg Software GbR.