of Governikus GmbH & Co KG, Hochschulring 4, 28359 Bremen hereinafter referred to as "Governikus KG"
§ 1 Scope
(1) The following terms and conditions apply to the sale of software and support services via the Governikus KG online store. If offered by Governikus KG, orders can also be placed by e-mail. Deviating general terms and conditions of customers shall not apply in the direct business relationship with Governikus KG, even if Governikus KG does not directly object to them and/or provides its services without objection. The respective product or service descriptions are available for details of the offers.
(2) These GTC are aimed at entrepreneurs and legal entities under public law as well as consumers. If a clause mentioned here is not aimed at consumers, this is explicitly indicated by the wording of the clause.
§ 2 Reservations
(1) Until full payment, the delivered goods remain the property of Governikus KG.
(2) Governikus KG reserves the right to provide a service of equivalent quality and price. The service shown in the store is exemplary and not the individual, contractual service.
§ 3 Type and scope of the service
(1) The offers of Governikus KG are subject to change with regard to price, quantity, delivery period and delivery options.
(2) When ordering support services, the customer is entitled to use the Governikus KG support hotline under the conditions defined in the service description. The use of the support services is only possible after payment of the invoiced fees.
§ 4 Remuneration
(1) The fees to be paid by the customer to Governikus KG are determined by the price list valid at the time the contract is concluded. In the event of a change in the statutory VAT rate, Governikus KG is entitled to adjust the prices accordingly.
(2) Fees to be paid shall only become due when the invoice is issued, have a payment term of 14 days and are to be paid by bank transfer, stating the invoice number.
(3) If the customer defaults on payment, interest shall be charged on the outstanding amount at 9% p.a. above the respective base interest rate if the customer is an entrepreneur or legal entity or legal entity under public law. If the customer defaults on payment as a consumer, interest shall be charged on the outstanding amount at 5% p.a. above the respective prime rate. Further rights of Governikus KG remain unaffected. The customer shall also be in default without a reminder if the invoice amount is not paid within 30 days.
(4) Governikus KG reserves the unrestricted right to assign its claims to third parties.
(5) The customer is only entitled to offset or assert a right of retention if Governikus KG has expressly recognized the counterclaim or if it has been established by a court of law.
§ 5 Delivery conditions
(1) Details of delivery times are only binding if they have been confirmed in writing by Governikus KG.
(2) If Governikus KG exceeds an agreed delivery deadline, the customer has the right to withdraw from the contract after setting a reasonable deadline. Further claims are excluded. The consumer's right of withdrawal remains unaffected by this.
(3) In the event that Governikus KG cannot provide the owed service due to force majeure, Governikus KG is released from its performance obligations for the duration of the hindrance. If Governikus KG is unable to execute the order or deliver the goods for more than one month due to force majeure, the customer is entitled to withdraw from the contract.
(3) At the request of Governikus KG, the customer is obliged to declare whether it is withdrawing from the contract due to a delay in delivery or insisting on performance. Until Governikus KG receives the response, Governikus KG remains entitled to perform.
(4) When using support services, it is no longer possible to withdraw from the contract once the service has been used for the first time.
(5) Depending on the type of service booked, the contract for support services shall end after a) the conclusion of a support ticket or b) the end of the agreed service period. A support service (support ticket) that has been started will also be completed after the end of the contract period.
(6) Governikus KG determines when a support service has been completed.
§ 6 Warranty and liability
(1) Governikus KG may, at its discretion, remedy the defect vis-à-vis entrepreneurs or legal entities or legal entities under public law by immediate elimination or new delivery.
(2) Governikus KG shall only be liable for damages if these have been caused by it or its vicarious agents in an intentional or grossly negligent manner. This limitation of liability applies to all claims for damages, irrespective of their legal basis, in particular also to liability for tortious acts or due to a breach of duty. Governikus KG shall also be liable for the breach of material contractual obligations in the event of slight negligence, but only to the extent of the direct, foreseeable damage typical of the contract. This limitation does not apply in the event of injury to life, limb or health or mandatory liability under the Product Liability Act.
(3) The warranty period for entrepreneurs and legal persons and legal entities under public law shall be 12 months from the time of download from the customer, unless otherwise agreed in writing. The warranty period for defects in supplementary performance also ends at this time. The statutory warranty periods for consumers remain unaffected.
§ 7 Data protection
(1) Governikus KG is entitled to process the data received regarding the business relationship or in connection with it about the customer in the sense of the Data Protection Regulation (DSGVO). Governikus KG ensures that all persons entrusted by it with the processing or fulfillment of the contract comply with the legal provisions on data protection.
(2) The customer and Governikus KG are obligated to treat all information, business and trade secrets obtained within the scope of the contractual relationship as confidential, in particular not to pass them on to third parties or to use them other than for contractual purposes.
(3) The aforementioned provisions in paragraphs 1 and 2 do not apply to consumers.
§ 8 Final provisions
(1) Should individual provisions of this contract be or become invalid, the remainder of the contract shall remain valid. The invalid provision shall then be replaced by a valid provision that comes as close as possible to the economic result of the invalid provision. The same shall apply accordingly to contractual loopholes.
(2) The law of the Federal Republic of Germany shall apply exclusively to the entire range of services offered by Governikus KG.(3) The place of performance and exclusive place of jurisdiction for a contractual relationship with an entrepreneur, a legal entity or a legal person under public law is the Free Hanseatic City of Bremen.
(4) If the customer is a legal entity under public law, the EVB-IT Purchase (version of the EVB-IT GTC) shall also form an integral part of the contract, with the
the contract, with the exception of the provisions contained therein regarding the warranty obligation and the maintenance obligation. The EVB-IT Purchase, with the exception of the provisions made therein regarding the warranty obligation and the maintenance obligation, shall take precedence over these GTC if they expressly provide for a deviating provision.
Cancellation Policy
Right of withdrawal for consumers
(A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession).
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the date of conclusion of the contract.
To exercise the right to cancel, you must inform us (Governikus GmbH & Co. KG, Hochschulring 4, 28359 Bremen, Germany, telephone number: +49 421 204 95-0, e-mail address: onlineshop@governikus.de) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, e-mail). You can use the model withdrawal form (Art 253 Annex 2 EGBGB - individual standard (gesetze-im-internet.de ), but this is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment