General Terms and Conditions

§ 1 General

Agentur itratos, Frau Sabine Panitz, Coburgerstrasse 43, 96052 Bamberg (shop operator), offers via the website of shop.yaml.de the purchase of software licenses.
For the scope of services of the shop operator the present General Terms and Conditions shall apply. Diverging General Terms and Conditions or purchase conditions of the customer shall not be accepted.

§ 2 Right of revocation instruction for consumers

Right of revocation
You may revoke your agreement within 14 days either in writing (e.g. letter, fax, e-mail) or by returning the ordered goods. No reason must be given. The revocation period shall begin at the earliest with receipt of this instruction.
For the observance of the revocation period, it is sufficient to send the revocation declaration or the goods within the set time.

The revocation shall be addressed to:
Agentur Itratos
Frau Sabine Panitz
Coburgerstrasse 43
96052 Bamberg
Telefon: 0951 6010096
Telefax: 0951 9686827
E-Mail: info@itratos.de

Revocation consequences
In case of a valid revocation the goods received by both parties shall be returned and any accrued financial advantage (such as interest) shall be turned over. If you are not able to fully or partially return received goods or if you can only return them in a damaged state, you shall pay compensation for any lost value. This shall not apply if the deterioration of surrendered goods is exclusively owed to their inspection – like it would have been possible for you in a store.

Incidentally you can avoid the obligation to pay compensation for the value by not treating the merchandise as being fully owned and to refrain from any actions which could have a detrimental effect on its value. Goods which are transportable as postal items shall be returned.

You shall bear the cost for the return, if the shipped goods correspond to the ordered goods and if the price of the goods does not exceed the amount of 40 Euro, or if you have not yet made even a partial payment on higher-priced items. Otherwise the return for you is free of charge. Goods that are not transportable as postal items will be picked up at your location. Liabilities for refunding payments shall be fulfilled within 30 calendar days after the sending of your revocation declaration.

Your right of revocation forfeits prematurely, if your contractual partner has begun rendering the service with your express consent before the expiration of the revocation period or if you have caused it yourself (e.g. by download etc.).

Exclusion of the right of revocation
There is no right of revocation in the case of distance contracts

• for the delivery of goods made to the consumer's specifications or clearly personalized or which, by reason of their nature, cannot be returned or are liable to deteriorate or expire rapidly or where the recommended period for their consumption would be exceeded,
• for the delivery of audio or video recordings or of software which were unsealed by the consumer.

§ 3 No right of revocation for businesspersons

If the customer buys as a businessperson, also while exercising a self-employed or trade professional activity, it shall not have a right of revocation according to section 2.

§ 4 Prices

For the offered goods and their delivery the prices displayed on our webpages at the time of the order shall apply. The prices listed are ultimate consumer prices including VAT.

§ 5 Conclusion of the contract

The offers of the shop operator on the website are subject to confirmation. In case of unavailability the shop operater therforer shall not be obliged to performance. After entering you personal data and by clicking the buttons „order“ („Bestellen“) in the final step of the ordering process you make a binding purchase offer concerning the goods contained in the shopping cart. The receipt of the order shall be acknowledged without undue delay. The acknowledging receipt shall not constitute a binding acceptance of the order. The acknowledging receipt shall only constitute a binding acceptance if this is expressly declared by the shop operator. There shall only be a conclusion of the contract and therefore a binding contract on the individual performance, if the shop operator explicitely accepts the purchase order by a confirmation of the order or by concludent behaviour, in particular by the preparation of the delivery of the goods.

§ 6 Payement conditions and shipping

Subject to a derogatory provision in the individual case the following shall apply to the payment and the shipping.
The payment shall only be effected in advance by automatic debit transfer or by PayPal.
After receipt of the transferred amount the shipping of the license to the customer shall immediately be effected via e-mail.

The payment and shipping conditiaons may be regulated derogatorily from the preceding paragrahps. In this case the rules on our website shall apply.

If in a particular case the granting of a right of use on account has been agreed upon, all invoiced amounts shall be payed at the latest 14 days after receipt of the bill.

In case of default of payment the customer that is consumer shall be obliged to pay default interest of 5% per annum above the basic interest rate, unless that the shop operator can prove that the loss was higher. For customers that are businesspersons sentence 1 shall apply with the requirement that the default interest rate shall be 8 % above the basic interest rate.

§ 7 Warranty

The customer shall notify the shop operator of defects of the good and remit the good to the shop operator to the cost of the latter. As carriage forward involves higher additional costs, the customer shall not be entitled to chose the type of dispatch; the shop operater therefore shall reimburse the customer without undue delay the cost of remittance and on explicit request by the customer advance the cost.

The warranty of the shop operator shall be governed by the sections 433 ff. German Civil Code („BGB“). If the customer purchases as a businessperson, the warranty shall be limited to one year and the shop operator shall be entitled to repair the good or deliver a new good at his option.

§ 8 Additional provisions for the warranty on software

The customer shall inspect the software after the shipping without undue delay and shall notify the Shop Operator on apparent defects without undue delay in writing. If a defect occurs, the defect and its manifestation shall be described in a written notification of defects so accurately that a verification of the defect (e.g. presentation of the error messages) shall be feasible and the exclusion of a handling error (e.g. description of the work step) shall be possible.

No liability shall be assumed that the software is suited for the purposes of the customer and that it is compatible with the software already present at the user.

The delivery of handbooks and documentations in excess of the written material/program description shipped together with the software and the user guidance and / or online-help implemented in the software or an additional instruction in the use of the product shall only be owed, if it has been expressly agreed upon between the parties in writing. In the case of such an express agreement the requirements regarding content, speech and extent of a handbook and / or documentation expressly to be delivered shall not have been made and the delivery of a quick guide shall be sufficient unless the parties have agreed upon further specifications in writing.

§ 9 Liability

Claims for compensation on damages against the shop operator for the compensation of financial losses shall be limited to cases of intent or grossly negligent behavior. However the shop operator shall be liable for slight negligence, if there is a violation of a duty that is essential to the duly performance of the purpose of the contract (cardinal obligation). In this case the liability for financial losses shall be limited, regarding its extent to the immediate financial loss and regarding its amount to the foreseeable damage.

Insofar as the liability of the shop operator shall be excluded or limited, this shall also apply to the individual liability of its employees, representatives and vicarious agents.

The liability according to the provisions of the Product Liability Act, the liability resulting from a guarantee or from a defect in title as well as compensation claims regarding bodily harm remain unaffected.

§ 10 Data Protection

The shop operator will observe all data protection regulations, in particular the provisions of the German Federal Data Protection Law (Bundesdatenschutzgesetz) and the Telemediengesetz. All data of the customer will only be collected and processed for the performance of the particular order and not imparted to third persons (also see our data protection declaration).

§ 11 Final Provisions

This contract shall be governed by German substantive law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG). Place of performance and sole venue for all disputes arising out of and in conjunction with the contract shall be Bamberg, if the purchaser is a businessperson, a legal entity governed by public law or special assets governed by public law.

State as of: May, 31th, 2007