Terms of Service
Legal regulations apply. In addition, the following regulations apply to the contractual relationship between buyer and seller.definitions
The term consumer is defined in german law in § 13 BGB and the term entrepreneur in § 14 BGB.A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
Entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity. An incorporated partnership is a partnership endowed with the capacity to acquire rights and incur liabilities.
Scope and Applicable Law
The general terms and conditions are called the following terms and conditions.The seller named below is Charles Imilkowski, Stubbenweg 29, DE-27753 Delmenhorst, Germany; hereinafter also referred to as PepperTools.
VAT ID: DE316844774, email: info @ billingsoftware.us, fax: +49 (0)4221 2929455
The law of the Federal Republic of Germany applies to both parties, excluding the laws on the international purchase of movable goods. The terms and conditions apply to the conclusion of a contract between the seller and the buyer for the goods offered in the online shop, regardless of whether the buyer is a commercial or private buyer. Components that do not apply to a group of buyers are marked accordingly.
The inclusion of the customer's own conditions is contradicted. Separate conditions require written agreement between buyer and seller.
conclusion of contract
The customer submits a binding offer with his order. However, this offer is not accepted by means of an automatically generated e-mail (order confirmation or confirmation of receipt) immediately after the order has been placed, but only manually with another e-mail in which the invoice is transmitted.The seller can accept the offer within 5 days. If the offer is not accepted within this period, the buyer is no longer bound by his declaration of intent. The period begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If an item is no longer available in one size, the seller can choose to deliver the same item in an equivalent total quantity but a different package size.
delivery time
Unless an expressly binding delivery date has been agreed, our delivery dates and delivery periods are non-binding information. The beginning of the delivery time specified by us presupposes the timely and proper fulfillment of the customer's obligations. The exception of the unfulfilled contract remains reserved.Further legal claims and rights of the buyer due to a delay in delivery remain unaffected.
communication
The communication between seller and buyer takes place via e-mail in german or english language. The buyer ensures that the e-mail address provided is correct and is accessed by him or an authorized person. He also ensures that he can receive e-mails from the domain peppertools.de when using spam filters.Software license contract type
The seller offers several license/contract types depending on the software.Perpetual license
The buyer can use the software for as long as he likes without time restrictions. No new license fee is due.One-year usage license with automatic renewal
The contract period begins when the license is sent and runs for exactly one year. Before the license expires, the license is automatically renewed and an invoice is sent to the buyer. If the buyer has chosen the SEPA direct debit procedure, the amount will be automatically deducted from the account. Otherwise, the buyer will be sent an invoice.The buyer has the right to cancel the license no later than 1 month before the automatic renewal of the license. Otherwise, the contractual period of use is automatically extended by a further year. Any notice of termination must be given in writing as an e-mail, fax or letter. A verbal notice is ineffective. In the event of extraordinary termination by the buyer for reasons for which the seller is responsible, the seller is obliged to reimburse the license fee pro rata temporis for the period from the effective date of the extraordinary termination. Interest does not accrue.
One-year usage license without automatic renewal
The contract term of the license begins when the license is activated by the buyer. There is no automatic renewal of the license and the buyer does not have to cancel anything. The license is running automatically after one year of use and can no longer be used until a license extension has been purchased and activated manually.Software Use Right
The parties agree that the software is a protected computer program within the meaning of copyright law. All copyright usage rights to the software remain with the seller. The seller grants the customer temporary, non-transferrable rights of use to the software limited to the license period agreed in the invoice. For each software license, use is tied to a client PC with an end user operating system on which one or more physical persons log on site - but at no time may more than one person be logged on and work on it at the same time.The use of the software on terminal servers or other PCs on which several different users log in via remote desktop or other remote maintenance programs with several different end users must be agreed upon and licensed separately. This agreement is documented in the invoice.
Separate agreements must be in writing.
The buyer does not receive the source code and is not entitled to decompile, reverse engineer and disassemble the software. He may not edit the software or remove copyright notices, serial numbers or other features serving to identify the program. The software may not be made publicly accessible by the purchaser. Sublicenses may not be granted. The buyer may not make his personal license available to third parties.The buyer is entitled to create backup copies of the software for his own purposes. Duplication for other purposes is not permitted.
Additionally licensed libraries are used in the software packages which are subject to special license conditions. The buyer may not use these for his own purposes other than those specified in the software. The buyer undertakes to observe this towards the seller and to release the seller from any liability due to violation of the license provisions of these purchased products.
At the end of the term, all of the buyer's rights to use the software end without the need for a declaration from the seller.
Liability for material defects
The liability for material defects for the software is based on the following provisions under tenancy law (§§ 535 ff. Civil Code), whereby no-fault liability for initial defects is excluded.The customer has informed himself about the essential features of the software and bears the risk as to whether the software meets his wishes and needs. The functionality of the software is based on the description in the product description and the supplementary written agreements, if any.
A defect does not exist if a functionality that was available at the time of the initial installation is no longer or not properly available due to an update, a new release or any other change in the operating system or the system or hardware environment of the buyer. The functionalities and descriptions presented in the product description do not constitute guarantees, unless expressly agreed otherwise in writing.
Liability for material defects is excluded...
a) if the buyer or third parties not authorized by the seller have made changes to the software, unless these were made on the instructions of the seller.
b) if the software is not used in accordance with the license conditions and the system requirements as summarized in the product description, if available, or as communicated to the customer prior to the conclusion of the contract.
c) if the software is not used in a properly licensed and maintained system environment.
d) if updates or other troubleshooting or updating measures provided by the seller to the customer have not been installed and the reported error has already been corrected therein or would not have occurred as a result.
Claims for defects become statute-barred one year after knowledge or grossly negligent ignorance of the circumstances giving rise to the claim, at the latest one year after termination of the license. A shorter statutory limitation period remains unaffected.
Our software packages are multilingual and can be purchased internationally. As a result, they may be subject to different legal requirements. The buyer ensures that the functions and the manner of its use satisfy and comply with the laws of its country. In case of ambiguity, the buyer consults professional advice before use. There is a demo version for each software package so that you can test it extensively.
Own reservation
The delivered goods remain our property until all claims have been paid in full.Prices and terms of payment
Unless otherwise stated, the prices include the statutory sales tax. Any shipping and delivery costs incurred will be specified separately.We offer various payment methods and reserve the right to offer customers different methods and also to exclude payment methods for individual customers if we believe there is a risk of non-payment. The methods we release depend on whether the customer is ordering from us for the first time and whether there have been any payment defaults so far. The payment options are displayed to the customer in the seller's online shop.
All customers are given the opportunity to pay in advance, PayPal or direct transfer. We also offer purchases on account and by direct debit. There is no entitlement to this. In individual cases, we reserve the right to adjust the payment modalities of an order and to inform the buyer about this.
Unless otherwise stated on the invoice, the customer has a period of 5 working days to settle the outstanding invoice with us if he has not already paid during the ordering process. Direct debits are due immediately and collected from the specified bank account.
When paying via a payment method offered by Paypal, the payment is processed via the payment service provider PayPal (Europe) S.à.r.l. Et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg under the terms of PayPal. PayPal customers can view the conditions under the following link: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full
Non-Paypal customers can view the terms under the following link: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full
When paying via the "SOFORT" payment method, processing takes place via the payment service provider Sofort GmbH, Theresienhöhe 12, 80339 Munich. You can find more information about the payment method and the conditions at: https://www.sofort.de
When paying via Amazon Payments, the payment is processed via the payment service provider Amazon, subject to the Amazon Payments Terms of Use. The Amazon Payments website can be accessed via the following link:
https://pay.amazon.com/de
The conditions can be viewed at the following link:
https://pay.amazon.com/de/help/201751590
late payment
In the event of default of payment, we are entitled to withdraw from the contract and to demand the return of the goods.Claims that are not settled on time will be dunned. Additional costs are incurred for the reminders, which are charged to the buyer. In the reminders, we again point out in writing that we are assigning open claims to a debt collection service provider, which means that further costs are incurred that are to be borne by the buyer.
Claims that are not settled by the buyer after at least 2 reminders are assigned to a debt collection service. Additional costs are incurred for the buyer's reminders, which will be charged to the buyer.
The buyer has the possibility of objecting to the claim.
Collecting the claim via a debt collection service provider can result in the payment behavior being reported to credit agencies, which we will inform you about in writing in the reminder.
Shipping Conditions and Delivery
The delivery costs can be found in the corresponding products in the shopping cart and can differ both for the product and for the customer. The shipping service provider is explicitly named in the ordering process. Different shipping service providers are possible if this is required by the seller to fulfill the purchase contract and is at the discretion of the seller.Digital orders by email are sent to the buyer free of charge.
transfer of risk
If the buyer is a merchant, the risk passes to the buyer by law as soon as the goods have been handed over to the shipping company.In the case of private purchases, the seller bears the transport risk.
warranty
The legal regulations for private buyers apply.If the contractual partner is a merchant, according to Section 377 of the German Commercial Code, he must immediately examine the goods after delivery to determine whether there are any defects and notify the seller immediately. If he fails to notify, the goods shall be deemed to have been approved unless the defect was not recognizable. If the defect appears later, the notification must be made immediately after discovery. In the case of new goods, the limitation period for defects is one year from the passing of risk. The statute of limitations does not begin again if a replacement delivery is made as part of the liability for defects.
Statutory warranty rights apply to consumers.
coupons
Vouchers can be redeemed with the seller in the online shop unless otherwise stated in the terms of the voucher results. It generally applies to all products, unless the voucher conditions of a specific voucher campaign explicitly state otherwise.Vouchers and remaining voucher balances can be redeemed up to the end of the third year after the year in which the voucher was purchased. Remaining credit will be credited to the customer by the expiry date.
The voucher can only be redeemed before completing the ordering process. Subsequent offsetting is not possible. One voucher can be redeemed per order. Vouchers cannot be redeemed for the purchase of further vouchers.
The balance of a voucher is neither paid out in cash nor does it earn interest.
The voucher is transferrable. The seller can pay the respective owner who redeems the voucher in the online shop with liberating effect. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorization of the legal incapacity or the lack of authorization to represent the respective owner.
right of withdrawal
The right of withdrawal is part of our general terms and conditions and is described in a separate document.Dispute Resolution Procedure
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), which can be accessed at http://www.ec.europa.eu/consumers/odr. Our e-mail address can be found in our imprint. We do not participate in the dispute settlement procedure and are not obliged to do so. A list with the contact details of the recognized dispute resolution bodies can be found at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.adr.show.The competent dispute resolution body is:
General consumer arbitration board of the Center for Arbitration e. V
Strassburger Strasse 8
DE-77694 Kehl
Email address: mail@verbraucher-schlichter.de
Website: https://www.verbraucher-schlichter.de
Telephone: +49 7851 79579 40
Fax: +49 7851 79579 41
