General sales conditions

§ 1 Offer and conclusion of contract

The order placed by the customer is a binding offer. We can accept this offer within two weeks by sending an order confirmation or by sending the ordered goods or granting access to them within this period.

§ 2 Documents provided

We reserve the right of ownership and copyright to all documents provided to the customer in connection with the order, such as calculations, drawings, etc. These documents may not be made accessible to third parties unless we give the customer our express written consent. If we do not accept the customer's offer within the period specified in Section 1, these documents must be returned to us immediately.

§ 3 Prices and payment

1. Our prices do (are) not include sales tax. Delivery and shipping costs are (not) included in our prices.

2. Some prices include sales tax (and packaging costs) if this is specifically indicated on the product. Delivery and shipping costs are (not) included in our prices.

2. Payment of the purchase price must be made exclusively using the payment options offered. Deduction of discounts is not permitted.

3. When invoicing: Unless otherwise agreed, the purchase price is to be paid within 10 days of delivery. Interest on arrears will be charged at a rate of 5% above the respective base interest rate per annum. We reserve the right to claim higher damages for delay. In the event that we claim higher damages for delay, the customer has the opportunity to prove to us that the damages claimed for delay did not occur at all or were at least significantly lower.

§ 4 Set-off and retention rights

The purchaser is only entitled to offset if his claims have been legally established or are undisputed. The purchaser is also entitled to offset against our claims if he asserts complaints about defects or counterclaims from the same purchase contract. The purchaser is only entitled to exercise a right of retention to the extent that his counterclaim is based on the same contractual relationship.

§ 5 Delivery time

1. Unless an expressly binding delivery date has been agreed, our delivery dates and delivery periods are purely non-binding information. Downloads and access are granted after confirmed receipt of payment.

2. The start of the delivery time specified by us presupposes the timely and proper fulfillment of the customer's obligations. The right to object to non-fulfillment of the contract remains reserved.

3. The customer can request us in writing to deliver within a reasonable period of time 2 weeks after a non-binding delivery date/delivery period has been exceeded. If we fail to meet an explicit delivery date/delivery period through our own fault or if we fall behind schedule for another reason, the customer must grant us a reasonable grace period to provide the service. If we allow the grace period to expire without result, the customer is entitled to withdraw from the purchase contract.

4. If the customer defaults on acceptance or culpably violates other obligations to cooperate, we are entitled to demand compensation for the damage caused to us as a result, including any additional expenses. Further claims remain reserved. The customer reserves the right to prove that no damage of the amount claimed has occurred at all or that the damage is at least significantly lower. The risk of accidental loss or accidental deterioration of the purchased item passes to the customer at the time at which the customer defaults on acceptance or payment.

5. Other statutory claims and rights of the purchaser due to a delay in delivery remain unaffected.

§ 6 Retention of title

1. We reserve title to the delivered item, downloads and access until all claims arising from the delivery contract have been paid in full.

2. The purchaser is obliged to treat the purchased item with care as long as ownership has not yet been transferred to him. If maintenance and inspection work must be carried out, the purchaser must carry this out in a timely manner at his own expense. As long as ownership has not yet been transferred, the purchaser must notify us immediately in writing if the delivered item is seized or subject to other interventions by third parties. If the third party is not in a position to reimburse us for the legal and extrajudicial costs of a lawsuit, the purchaser is liable for the loss incurred by us.

3. The processing or transformation of the purchased item by the customer is always carried out in our name and on our behalf. In this case, the customer's expectant right to the purchased item continues to apply to the transformed item. If the purchased item is processed with other items that do not belong to us, we acquire joint ownership of the new item in proportion to the objective value of our purchased item to the other processed items at the time of processing. The same applies in the case of mixing. If the mixing takes place in such a way that the customer's item is to be regarded as the main item, it is agreed that the customer transfers proportionate joint ownership to us and keeps the sole ownership or joint ownership thus created for us. To secure our claims against the customer, the customer also assigns to us any claims that arise against a third party as a result of the combination of the reserved goods with real estate; we hereby accept this assignment.

4. We undertake to release the securities to which we are entitled at the request of the customer if their value exceeds the claims to be secured by more than 20%.

§ 7 Warranty and notification of defects

1. Unless the information contained in our websites, brochures, advertisements and other offer documents has been expressly designated by us as binding, the illustrations or drawings contained therein are only approximate.

2. If the delivered item does not have the quality agreed between the customer and us, or if it is not suitable for the use stipulated in our contract or for general use, or if it does not have the properties that the customer could expect based on our public statements, we are obliged to provide subsequent performance. This does not apply if we are entitled to refuse subsequent performance due to statutory regulations.

3. The customer has the choice of whether the subsequent performance should be carried out by repair or replacement delivery. However, we are entitled to refuse the type of subsequent performance chosen by the customer if it is only possible at disproportionate costs and the other type of subsequent performance remains without significant disadvantages for the customer. During the subsequent performance, the reduction of the purchase price or withdrawal from the contract by the customer is excluded. A subsequent performance is deemed to have failed with the second unsuccessful attempt, unless something else arises from the nature of the item or the defect or the other circumstances. If the subsequent performance has failed or we have refused subsequent performance altogether, the customer can, at his discretion, demand a reduction in the purchase price (reduction) or declare withdrawal from the contract.

4. The purchaser can only assert claims for damages under the following conditions due to the defect if subsequent performance has failed or if we have refused subsequent performance. The purchaser's right to assert further claims for damages under the following conditions remains unaffected.

5. Without prejudice to the above provisions and the following limitations of liability, we are fully liable for damage to life, body and health that is based on a negligent or intentional breach of duty by our legal representatives or our vicarious agents, as well as for damage that is covered by liability under the Product Liability Act, as well as for all damage that is based on intentional or grossly negligent breaches of contract and fraudulent intent on the part of our legal representatives or our vicarious agents. Insofar as we have given a quality and/or durability guarantee with regard to the goods or parts thereof, we are also liable within the scope of this guarantee. However, we are only liable for damage that is based on the lack of the guaranteed quality or durability but does not occur directly to the goods if the risk of such damage is clearly covered by the quality and durability guarantee.

6. We are also liable for damages caused by simple negligence, insofar as this negligence concerns the violation of contractual obligations whose compliance is of particular importance for achieving the purpose of the contract (cardinal obligations). However, we are only liable insofar as the damages are typically associated with the contract and are foreseeable. We are not liable for simple negligent violations of secondary obligations that are not essential to the contract. The liability limitations contained in sentences 1 - 3 also apply insofar as the liability of legal representatives, senior employees and other vicarious agents is affected.

7. Any further liability is excluded regardless of the legal nature of the asserted claim. To the extent that our liability is excluded or limited, this also applies to the personal liability of our employees, workers, staff, representatives and vicarious agents.

8. The warranty period is 2 years, calculated from the transfer of risk. This period also applies to claims for compensation for consequential damages, provided that no claims based on tort are asserted.
9. There is no refund for WordPress plugins and other software products that are premium products. These plugins only work with the respective free basic plugin (software) and the functionality of the basic plugin must be checked on the installation before purchase. If it doesn't work or the customer has not checked it beforehand and the premium product is purchased anyway, then there is no right of return. No money will be refunded.

§ 8 Miscellaneous

2. This contract and the entire legal relationship between the parties are subject to Swiss law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
3. Should individual provisions of this contract be or become invalid or contain a gap, the remaining provisions shall remain unaffected.