General Terms and Conditions
Terms for purchase agreements of serial numbers for the full version of Soundpad
between
Mr. Arthur Lepp, Oberheidkamper Str. 45B, 51469 Bergisch Gladbach, Germany - hereinafter "Supplier" -
and
the customer indicated in Section 2 of the Agreement - hereinafter "Customer" - which is concluded via the Supplier's website (www.leppsoft.com).
1 Scope, definitions
- For all sales agreements between the supplier and the customer, involving the purchase of content serial numbers, the following general terms and conditions in their valid version at the time of the order shall exclusively apply. Different terms shall not be recognized, unless the seller agrees to their validity in writing.
- The Customer is a consumer, provided that the purpose of the deliveries and services ordered cannot be attributed to the consumer's commercial or independent professional activity. In contrast, the entrepreneur is any natural or legal person or unincorporated organisation who, on conclusion of the Agreement, is exercising their commercial or independent professional activity.
2 Conclusion of the Agreement
- The customer can buy a serial number for purposes of quality control and to obtain use of paid functions of Soundpad software via the Supplier's website (www.leppsoft.com).
- By clicking the "Order now" button, the Customer makes a binding offer to purchase such a serial number. Before submitting the order, the Customer can view and change their data at any time. However, the order may only be submitted and transmitted if the customer, by clicking the checkbox "I agree to the Terms and Conditions", accepts these terms when making the order.
- The provider then sends the customer an automatic acknowledgment of receipt by email, in which the customer's order is listed again and which the customer can print using the "print" function. The Agreement is concluded with this declaration. In this email, the Agreement text (consisting of order, terms, conditions and privacy policy) is sent (agreement confirmation) to the customer on a durable medium (email). The text of the Agreement will be stored in compliance with data protection legislation.
- The Agreement can be concluded in German or English.
3 Delivery, availability
- Delivery times indicated by the Provider are calculated from the date of order confirmation - provided that prior payment of the purchase price is made. Unless a different delivery time is specified, this will take a maximum of 5 days. The serial number is now delivered entirely via email (not via a tangible medium) to the email address specified by the Customer.
- After the seller has received the payment from the customer (Section 5 para. 3), the customer receives an email for the purpose of delivery of the purchased serial number.
4 Prices and shipping costs
- Unless otherwise explicitly stated by the vendor, all given prices are to be considered as final. If the customer is a consumer from an EU country, the relevant valid VAT of his country of residence (billing address) is included in the specified final price. Shipping costs - other than costs incurred by the customer for his internet connection - do not apply.
5 Payment methods
- The customer can make the payment via PayPal or FastSpring.
- Payment of the purchase price is due immediately upon conclusion of the Agreement.
- The Agreement confirmation (Section 2 para. 3) contains additional information and a link, so that the customer can make payment by his chosen payment method.
6 Warranty for defects, guarantee
- The Provider is liable for defects in accordance with the applicable statutory provisions, in particular §§ 434 ff of the German Civil Code (BGB).
7 Liability
- Customer claims for compensation are excluded. This does not include Customer claims for damages resulting from injury to life, limb, health or from the breach of essential obligations (cardinal obligations), as well as liability for other damages caused by an intentional or grossly negligent breach of duty by the Provider, their legal representatives or agents. Essential obligations are those whose fulfillment is necessary to achieve the objective of the Agreement.
- In case of breach of essential obligations, we are only liable for typical, foreseeable damages if these were caused by simple negligence, unless the Customer's claim is for damages resulting from injury to life, body, or health.
- The restrictions of para. 1 and 2 also apply to our legal representatives and vicarious agents if claims are made directly against them.
- The regulations of the Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.
Bergisch Gladbach, March 2020