§ 1 Validity, definitions of terms
(1) EMPURON AG, Am Weichselgarten 7, 91058 Erlangen, Germany, Germany (hereinafter: “we” or “EMPURON AG Shop”) operates an online store for digital goods and services under the website https://shop.empuron.com. The following General Terms and Conditions apply to all services between us and our customers (hereinafter: “Customer” or “You”) in the version valid at the time of the order, unless otherwise expressly agreed.
(2) “Consumer” within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. “Entrepreneur” is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity, whereby a partnership with legal capacity is a partnership endowed with the capacity to acquire rights and incur liabilities.
§ 2 Conclusion of the contracts, storage of the contract text
(1) The following regulations on the conclusion of a contract apply to orders placed via our online store at https://shop.empuron.com.
(2) Our product presentations on the Internet are non-binding and not a binding offer to conclude a contract.
(3) Upon receipt of an order in our online store, the following provisions shall apply: The customer makes a binding offer to enter into a contract by successfully completing the order procedure provided in our online store. The order is placed in the following steps:
- Selection of digital goods, the chosen service(s),
- Adding the products by clicking the appropriate button (e.g. “Add to cart”, “Add to shopping bag” or similar),
- Checking the information in the shopping cart,
- Calling up the order overview by clicking on the corresponding button (e.g. “Continue to checkout”, “Continue to payment”, “To order overview” or similar),
- Entry/verification of address and contact details, selection of payment method, confirmation of GTC and cancellation policy,
- Completion of the order by pressing the button “Buy now”. This constitutes your binding order.
- The contract is concluded when you receive an order confirmation from us within three working days to the specified e-mail address.
(4) In case of conclusion of the contract, the contract is concluded with EMPURON AG, Am Weichselgarten 7, 91058 Erlangen, Germany, Germany.
(5) Before placing the order, the contract data can be printed out or electronically saved using the browser’s print function. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the GTC and the cancellation policy, is carried out by e-mail after the order is triggered by you, partly automatically. We do not store the contract text after conclusion of the contract.
(6) Input errors can be corrected by means of the usual keyboard, mouse and browser functions (e.g. “back button” of the browser). They can also be corrected by cancelling the order process prematurely, closing the browser window and repeating the process.
(7) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Subject matter of the contract and essential characteristics of the products
(1) In the case of our online shop, the subject matter of the contract is:
- The sale of digital goods, e.g. software or media downloads. The specific digital goods offered can be found on our article pages.
- The provision of services. The specific services offered can be found on our article pages.
(2) The essential features of the digital goods and services can be found in the item description.
(3) The sale of digital products is subject to the restrictions apparent from the product description or otherwise resulting from the circumstances, in particular with regard to hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject matter of the contract is only the private and commercial use of the products without the right to resell or sublicense.
§ 4 Prices, shipping costs and delivery
(1) The prices quoted in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
(2) The respective purchase price must be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due for payment immediately.
(3) In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective item is shown as free of shipping costs. The shipping costs will be clearly communicated to you again on the offers, if applicable in the shopping basket system and on the order overview.
(4) All products offered are ready for immediate dispatch (delivery time: within 2 working days after receipt of payment), unless clearly stated otherwise in the product description.
(5) The following delivery area restrictions apply: C@RTAN is delivered throughout the German-speaking area, EMPURON EVE is delivered worldwide.
§ 5 Right of retention
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
§ 6 Right of withdrawal
As a consumer, you have a right of withdrawal. This is governed by our cancellation policy.
§ 7 Liability
(1) Subject to the following exceptions, our liability for contractual breaches of duty and for tortious acts is limited to intent or gross negligence.
(2) We shall be liable without limitation in the event of slight negligence in the case of injury to life, limb or health or in the case of breach of a material contractual obligation. If we are in default of performance due to slight negligence, if performance has become impossible or if we have breached an essential contractual obligation, liability for material damage and financial loss resulting therefrom shall be limited to the foreseeable damage typical for the contract. A material contractual obligation is an obligation the fulfilment of which makes the proper performance of the contract possible in the first place, the breach of which jeopardises the achievement of the purpose of the contract and the observance of which you may regularly rely on. This includes in particular our duty to take action and to fulfil the contractually owed performance, which is described in § 3.
§ 8 Contract language
Only German is available as the contractual language.
§ 9 Warranty
(1) The warranty is governed by the statutory provisions.
(2) The warranty period for delivered goods vis-à-vis entrepreneurs is 12 months.
(3)As a consumer, you are requested to check the item/digital goods or the service provided immediately upon fulfilment of the contract for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this will of course have no effect on your statutory warranty claims.
§ 10 Final provisions
(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn as a result (favourability principle).
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.
(3) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider shall be the registered office of the provider.
(4) In connection with orders placed with EMPURON, the Green Terms and Conditions of Delivery of the ZVEI (German Electrical and Electronic Manufacturers’ Association) shall generally apply in their current version. You are welcome to obtain these from EMPURON or the ZVEI.