Standard Business Conditions of HOB GmbH & Co. KG
These General Terms and Conditions apply exclusively to entrepreneurs within the meaning of § 310 German Civil Code (BGB) and regulate the relationship between HOB GmbH & Co. KG, hereinafter referred to as HOB, and the customer in the context of software sales and acquisition via the HOB web shop. (http://www.hob.de).
These General Terms and Conditions apply exclusively. Deviating conditions only become effective if HOB expressly acknowledges them in writing. These General Terms and Conditions also apply if HOB carries out the delivery without reservation while being aware of the customer’s deviating terms and conditions.
The copyright owner for software that is available for download from the HOB website or that can be used from there is HOB. The use of this “software” is subject to the “License Terms for HOB Software”. The License Terms must be read and explicitly accepted before installing and using the software. Any use, duplication or distribution of the software contrary to the conditions set forth in the License Terms is expressly prohibited.
4.1 HOB shall be liable without limitation in accordance with the statutory provisions if the customer asserts claims for damages based on intent or gross negligence, including intent or gross negligence on the part of our representatives or vicarious agents.
4.2 We have unlimited liability according to the legal provisions in culpable injury to life, body or health. This also applies to the mandatory liability under the German Product Liability Act.
4.3 Unless otherwise stipulated above, liability is excluded.
4.4 The period of limitation for claims for defects subject to clauses 1 and 2 is 12 months from the transfer of risk. Clauses 1 to 3 do not affect the rights of the customer if HOB has fraudulently concealed a defect or provided a guarantee for the quality.
4.5 Further liability is excluded regardless of the legal nature of the asserted claim. This applies in particular to claims for damages arising from negligence on conclusion of the contract, due to other breaches of duty or due to tort claims for compensation for property damage pursuant to § 823 BGB. This limitation also applies insofar as the customer, instead of claiming compensation for damages, demands replacement of useless expenses instead of performance. Insofar as the liability for damages against HOB is excluded or limited, this also applies with regard to the personal liability for damages of the staff of HOB, employees, representatives, and vicarious agents.
5.1 Insofar as HOB offers the download of a software or the release of a trial version by means of a product key, provision of the software or the product key within the web shop download area results in a purchase agreement for the retrieved software. This constitutes a collectible debt, since the customer alone decides whether and when to download the software from HOB.
5.2 If the software is sent to the customer by mail, the customer’s electronic order is a binding offer. HOB can accept this order within two weeks by sending an order confirmation or by sending the ordered goods to the customer within this period.
6.1 BUsers provide their complete credit card details for the order and thereby declare their agreement that HOB settles the order with the respective credit card company, in particular online. The debit of the credit card account takes place online when ordering.
6.2 For payment by invoice, the customer must simply select the appropriate option in the web shop and fill out the form. He or she will immediately receive a confirmation by e-mail. The software will be delivered as soon as possible, at the latest within 14 days.
HOB will protect the customer and credit card data against unauthorized access by third parties in accordance with the provisions of the German Federal Data Protection Act. The customer is aware, however, that, in particular in the case of transmission of this data, whether electronically or any other way, the unauthorized knowledge of third parties cannot be excluded.
8.1 The customer owes HOB a license fee upon conclusion of the usage contract, the amount of which results from the prices displayed in the HOB web shop at the time of retrieval or ordering. The prices are exclusive of VAT. Customers within the European Union are subject to EU directives on the handling of VAT with regard to services provided electronically.
8.2 The license fee is due immediately or payable on invoice within 30 days of the invoice date.
9.1 Upon full payment of the invoice amount, the customer will obtain a long-term simple right of use of the retrieved or ordered software program.
9.2 The customer is prohibited from reproducing the program on a permanent or temporary basis, with the exception of a backup copy, if no original data carriers have been sent, in whole or in part, by any means or in any form, except as required by the contract. In addition, the customer is prohibited from translating, editing, arranging and otherwise reworking the program and duplicating the results obtained. Finally, the customer is prohibited from engaging in any form of distribution of the original program or copies, including renting it out.
10.1 The invalidity of one or more provisions of these conditions does not affect the effectiveness of the others.
10.2 German law shall apply to the contractual, mutual obligations, their conclusion, interpretation and execution as well as to all resulting contractual and business relations. The application of the UN Convention on Contracts for the International Sale of Goods and the laws of the Federal Republic of Germany issued for this purpose is excluded.
10.3 Place of performance and place of jurisdiction for delivery, payment, and for all liabilities, if the customer is a merchant, a legal entity under public law or a special fund under public law, is exclusively Nuremberg.