General Terms and Conditions of Business
General Terms and Conditions:
2You SA, Avenue de la Gare 38, CH-1618 Châtel-St-Denis
firstname.lastname@example.org , www.linguajet. com,
ISSUE: 14. Dezember 2016
2You SA, Avenue de la Gare 38, CH-1618 Châtel-St-Denis, hereinafter called 2You , concludes contracts solely on the basis of these General Terms and Conditions of Business and Licensing for the provision of the language learning software “Linguajet”, and these Terms and Conditions also form the basis of all future services and conditions of sale. The general terms and conditions are available for download at http://www.linguajet.com/pages/agb.
Scope of application
These General Terms & Conditions (GTCs) apply to all contracts of 2You agreed with consumers (§ 13 of the German Civil Code) via electronic media such as an online shop, newsletter registration, competitions, subscriptions, free downloads, or programs or content delivered on electronic data carriers. A consumer is any natural person who enters into a legal transaction for a purpose that can be attributed neither to his commercial nor to his self-employed professional activity.
Subject matter of the contract
The consumer acquires the right to use the contractual software in the version available at the time of conclusion of the contract. A user license is purchased, whereby the contractual software may be used on any number of computers (desktop and mobile devices). If a multi-user license is purchased, there may always be as many user licenses in use as licenses (serial numbers) were purchased.
Unless explicitly stated otherwise on the product or in the product description, the useful life is unlimited. In the case of time-limited products, the right of use automatically expires at the end of the useful life, calculated from the time of installation (initial operation) or registration, whichever is the earlier. In this case 2You has the right to suspend the operation of the delivered software after its useful life has expired.
If the user requests in writing or by e-mail to email@example.com a cancellation of the system messages (Mail/InApp messages), which is essential for the operation and use of the software, his user account is deleted and he automatically loses the right of use.
Any modification of the software requires the express written consent of 2You. The purchaser undertakes not to use any parts of the software or essential processes or ideas directly or indirectly for the creation of his own software.
It is not permitted to rent or lend the contractual software to third parties. Exceptions are demo programs that are available to everyone for testing purposes. Promotional programs issued free of charge by 2You can be passed on free of charge to third parties with the prior written consent of 2You. By registering, the third party or parties concerned signals acceptance of these GTCs.
Any sharing of the software is not permitted. In the event of unauthorized sharing of the software with a third party, the sharing party transfers the obligation of these GTCs and is also liable for them and will pay damages to 2You.
The consumer acknowledges that all parts of the contractual software are protected by copyright.
Contractual partners, customer service
The contractual relationship is concluded between the consumer and 2You. Further information on 2You can be found in the imprint. In the event of any questions, claims or complaints you can contact our customer service team at firstname.lastname@example.org.
Code of conduct
We comply with the following codes of conduct:
Quality criteria according to the legal requirements of Swiss online trading.
Conclusion of a contract
The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalogue. By clicking the order button you place a binding order for the goods contained in the shopping basket. Confirmation of receipt of the order is made together with the acceptance of the order immediately after sending by an automated e-mail. This e-mail confirmation represents the start of the sales contract. This also applies to free demo downloads or promotional programs.
Shipping and handling
Shipping costs will be added to the product prices shown. You can find out more about the shipping costs in the offers. No shipping costs will be added in the case of an electronic download.
The prices valid are those shown at the time of the order. All prices are gross prices including the statutory value added tax.
Payment is made by prepayment, PayPal, credit card via PayPal, Sofortüberweisung.de (Payment Network AG). In the case of demo downloads or free promotional programs, there is no payment process and no credit card or account information is requested.
Prepayment; if you choose the prepayment method we will give you our bank details in the order confirmation and deliver the goods after receipt of payment.
PayPal; your PayPal account will be debited at the time of purchase.
Credit card; your credit card will be charged at the time of purchase.
Bank transfer via Sofortüberweisung.de (Payment Network AG); the payment of the purchase price is carried out by you via "Sofortüberweisung.de". The goods will be sent to you once payment has been approved.
Collection by the customer
We only deliver by dispatch. Unfortunately, it is not possible to collect the goods yourself.
You are only entitled to a right of set-off if your counterclaims have been legally established in court or are undisputed or have been acknowledged by us in writing.
Right of retention
You can only exercise a right of retention if the claims result from the same contractual relationship.
Reservation of proprietary rights
The goods remain our property until full payment has been received.
In the event of default in payment, 2You shall have the right to restrict the use of the software at any time and without further notice or to cancel the relevant user account(s) in the event of delivery on open account (special offer). This interaction causes the order to be canceled. Any assertion of claims of any kind is not permitted and the user expressly declares a willingness to waive it.
After receipt of payment the software will be delivered within 3 working days. However, if the delivery is delayed by circumstances for which 2You is not responsible, in particular due to technical defects, strikes, or business interruption through no fault of its own etc., the delivery period shall be extended by the time of the hindrance. Partial and early deliveries by 2You are permitted. 2You is in any case anxious to keep any delay as short as possible. In case of a free demo program or a promotional program offered as a download, the delivery takes place immediately after confirmation of the download link, which appears in the confirmation email sent to the given email address.
The withdrawal of the consumer due to delay in delivery for other reasons is permissible after expiry of a fruitless grace period of at least 21 days. Claims for damages against 2You are excluded in all cases of minor negligence.
Dispatch and transfer of risk
The risk is transferred to the purchaser once the goods have been passed on to the postal or parcel service. On receipt of the delivery, it must be checked immediately for completeness and intactness. Externally recognizable damages must be claimed from the delivery service at the latest upon delivery, and externally not recognizable damages after discovery, but at the latest within 5 days. At the same time, 2You must also be approved in writing.
Right of Withdrawal / Cancellation policy
Consumers have a 14-day right of withdrawal. Exceptions are download orders. The user has the right to install the software as a trial version (test/demo) and can try out all functions extensively.
You can cancel your contract declaration within 14 days without giving reasons in text form, e.g. letter, fax, e-mail or by telephone. The period begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (in the case of recurring deliveries of similar goods not before receipt of the first partial delivery) and also not before fulfillment of our information obligations according to Article 246 § 2 in conjunction with § 1 paragraph 1 and 2 EGBGB [Introductory Act to the German Civil Code] and our obligations according to § 312g paragraph 1 sentence 1 BGB in conjunction with Article 246 § 3 EGBGB. Timely dispatch of the cancellation or the goods shall suffice to comply with the cancellation period. The cancellation is to be addressed to:
2You SA, CH-1618 Châtel-St-Denis, Avenue de la Gare 38
In the event of an effective cancellation, the services received by both parties must be returned and any benefits derived (e.g. interest) surrendered. If you are unable to return or surrender to us the received service or uses (e.g. benefits of use), or only partially, or only in a deteriorated condition, you must compensate us in this respect. You only have to pay compensation for the deterioration of the item and for any use made if the use or the deterioration is due to handling of the item that goes beyond the examination of the properties and the mode of operation. “Testing of properties and functionality" means testing and trying out the respective goods, as is possible and customary in a shop, for example. The goods affected by the right of withdrawal are to be returned at your expense (customer costs) and risk. If returns are sent freight collect, then 2You has the right to refuse receipt. If accepted, the costs of goods delivered freight collect will be deducted from the actual amount of the refund.
Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of cancellation, for us with the date of receipt of the return.
Exceptions to the right of withdrawal:
The right of withdrawal does not apply to distance selling contracts for deliveries of audio or video recordings or software.
Example of a cancellation in the form of an e-mail:
... Dear Sir or Madam,
I (we) hereby take advantage of our right of withdrawal. The affected articles from the order no: BIZ233X of DD.MM.YYYYY will be returned to you immediately and free of charge.
End of the cancellation instruction
2You guarantees that the software, given the specified system requirements, will perform the functions and features described in the description when properly installed.
If errors occur during contractual use, the customer must immediately report them in writing in a clear and comprehensible form, stating the information relevant for the correction of the error. Any breach of the above obligations excludes any warranty claims.
2You can demand payment of its expenses if these are incurred as a result of an error message without there actually being an error subject to the terms of warranty.
The warranty period for consumers is 6 months.
2You distributes the offered software under the aspect of the highest possible security, reliability and availability.
To the extent that liability is based on fault, 2You can only assume liability for cases of willful and gross negligence. Liability for minor negligence is expressly excluded. In particular,2You is not liable for loss or damage to data or for claims for damages based on third-party claims. No interruption or error-free operation of the program is guaranteed. The responsibility for installation, use, expected results lies exclusively with the customer, so that liability for damages in case of improper installation and/or use of the software as well as changes or interventions by the customer, his employees or by third parties is excluded.
Liability for indirect damage, consequential damage caused by a defect or loss of profit, in particular loss of good will and/or business relations, loss of production, loss of data, financial loss and damage to third parties, is excluded.
Product changes / Declaration of consent
2You reserves the right to make product changes which do not affect general functionality. Any software updates, whether paid or free of charge, are to be downloaded independently via the Internet, for which a previous product registration is required.
The customer expressly agrees that during the installation an installation routine is installed on his computer, whereby in this context a free third-party software, which is required, is also delivered. It is also expressly agreed that the delivered software automatically registers at 2You when an internet connection is established. The data transmitted in this context can be used statistically by 2You in anonymized form, or for personal consumer support for special information mails, for example for the posting of program updates. These terms and conditions are accepted upon registration of the software. By doing so, the consumer also consents to the sending of information mails or advertising mails (OptIn) and accepts receipt of the regular newsletter, as well as regular or irregular learning tips and offer mails. 2You enables every consumer to unsubscribe from this mailing list via a simple link within the respective newsletter.
Ownership and all intellectual property rights of the software remain the property of 2You. Should modifications or changes be made to the software on the basis of suggestions and recommendations of the customers, the intellectual property right or copyright shall remain with 2You, whereby the individual customers shall have no claim to compensation in this respect.
Place of jurisdiction and applicable law
The place of jurisdiction is agreed to be the court in Zurich. Swiss law is deemed to have been agreed; the application of the UN Sales Convention is expressly excluded.
If individual provisions are found to be invalid or void, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the wording.
Cost paying agreement
When exercising the right of cancellation, the consumer has to bear the costs of the return if the delivered goods correspond to the goods ordered and if the price of the goods to be returned does not exceed an amount of 40.00 euros, or in the case of higher priced goods if they have not yet rendered the consideration or a contractually agreed partial payment at the time of the cancellation.
Contract text storage
We save the text of the contract and send you the order data and our General Terms and Conditions by e-mail. You can also view and download the General Terms and Conditions here on this page at any time.
Language of contract
The language available for the conclusion of the contract is English.
Last updated, December 14, 2016(109)