Terms and Conditions (T&C)
1. Scope
These Terms and Conditions apply to all contracts between ITFach - Guido Rabe, Lindenberg 61 in 91555 Feuchtwangen,
2. Contracting parties, consumer/business customer
A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession (§13 BGB). A business customer is a natural or legal person or a partnership with legal capacity acting in the course of their trade or profession when concluding a legal transaction (§14 BGB).
3. Offer and conclusion of contract
The product presentation in the shop is a non-binding invitation to submit an offer. By completing the order process, the customer makes a binding offer. The contract is concluded through our order confirmation and/or the provision/display/transmission of the license key or activation of the download.
4. Prices, taxes, payment
All prices are final prices in EUR including statutory VAT unless stated otherwise. In B2B contexts, net prices plus VAT may be shown. Accepted payment methods are listed during checkout. Payment is due immediately.
5. Digital delivery, provision
Delivery is purely digital, e.g., by enabling downloads, display in the customer account, or sending the license key by email. No physical media will be shipped. Technical minimum requirements and any compatibility notes are specified in the product description.
6. License and usage rights
Upon payment and provision, the customer receives a non-transferable, simple (non-exclusive) right of use in accordance with the respective product/license description (e.g., number of devices/instances, term, domain binding). Distribution, rental, sublicensing, or public dissemination is prohibited unless expressly permitted. Copyright and related rights remain with us or our licensors.
7. Activation, updates, support
Activation may require an internet connection and hardware/system data. If stated in the product description, the license includes 12 months of updates/upgrades and, if applicable, email support as described. After expiry, updates/support can optionally be renewed.
8. Customer account
The customer must keep access credentials confidential and prevent unauthorized access. Changes to customer data must be communicated without delay.
9. Right of withdrawal for consumers (digital content)
Consumers generally have a right of withdrawal as set out in the Withdrawal Information below.
Important: For digital content not supplied on a tangible medium (e.g., license keys, downloads), the right of withdrawal expires once we begin performing the contract after the customer has explicitly consented and confirmed their awareness of the loss of the right of withdrawal.
10. Warranty
Statutory defect rights apply. For B2B customers: obvious defects must be reported within 14 days of provision. Feature enhancements or adaptations beyond the agreed specifications do not constitute defects.
11. Liability
We are liable without limitation in cases of intent and gross negligence, for injury to life, body, or health, and under the German Product Liability Act. In cases of slight negligence, we are liable only for breach of essential contractual obligations (cardinal duties); in such cases, liability is limited to the foreseeable damage typical for the contract.
12. Retention of title / reservation of rights
Until full payment, delivered rights/licenses remain reserved; usage rights may be suspended in case of payment default.
13. Data protection
Our Privacy Policy applies. No data will be shared with third parties without consent unless necessary for contract performance or required by law.
14. Dispute resolution / ODR
The EU Commission provides a platform for online dispute resolution: https://ec.europa.eu/consumers/odr
We are not willing to participate in dispute resolution proceedings before a consumer arbitration board.
15. Applicable law, place of jurisdiction
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). With consumers, this applies only insofar as the protection granted by mandatory law of the consumer’s habitual residence is not withdrawn. If the customer is a merchant, the exclusive place of jurisdiction is Ansbach.
16. Final provisions
If any provision of these T&C is invalid, the validity of the remaining provisions shall not be affected.