1. General information and scope of application
The following General Terms and Conditions apply to all contracts concluded between SW Digital Media UG (haftungsbeschränkt), represented by Mr. Stephan Wittling, Friedrich-Ebert-Str. 10, 97318 Kitzingen, phone: + 49 174 / 7808199, e-mail: info[at]ui-themebuilder.com, (hereinafter referred to as “Seller”) and the Buyer for digital content by way of distance selling via the website www.ui-themebuilder.com.
The Seller hereby expressly rejects any terms and conditions of the Buyer that conflict with or deviate from these General Terms and Conditions. Deviating general terms and conditions of the buyer, supplementary agreements and/or ancillary agreements are only valid if the seller expressly agrees to them.
These General Terms and Conditions contain different provisions for consumers and entrepreneurs.
In accordance with Section 13 of the German Civil Code (BGB), a consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside his trade, business or profession.
Pursuant to Section 14 of the German Civil Code (BGB), an entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the exercise of its commercial or independent professional activity when concluding a legal transaction. A partnership with legal capacity is a partnership that has the ability to acquire rights and enter into obligations.
2. Offer and conclusion of contract
The seller's offers at www.ui-themebuilder.com are non-binding catalog offers. The buyer can place one or more goods in the virtual shopping cart by clicking the “add to cart” button. From there, by clicking on the “proceed to checkout” button, the buyer can proceed to the checkout process. After entering the personal details required for the order and the other details required to complete the order, the buyer submits a binding order offer to purchase the respective goods by clicking on the “zahlungspflichtig bestellen“” field as the last step of the order process. The buyer has the opportunity to check and, if necessary, change his entries before finally clicking on the “zahlungspflichtig bestellen” field. The contract is concluded with the order confirmation by the seller, which is sent to the buyer by e-mail. After successful payment, the respective download is activated and the buyer can download the software package.
If the buyer does not receive an order confirmation within 3 days, he is no longer bound to his order.
3. Prices
The seller is a small business owner within the meaning of § 19 UstG (German Value Added Tax Act) and therefore does not charge VAT on his sales, which is accordingly not shown in his offers and invoices.
4. Granting of rights, scope of use
4.1. Upon full payment of the purchase price, the purchaser shall receive a simple right to use the purchased software for an unlimited period of time. Extensions can be used on an unlimited number of websites.
4.2. Permitted use includes the installation of the contractual software and its intended use. Reproduction of the software is only permitted to the extent that it is necessary for use in accordance with the contract.
4.3. Neither the download access nor the Joomla! extensions may be passed on to third parties. If the buyer wishes to transfer his package to another person, it requires the prior written consent of the seller.
4.4. The duration of the respective downloads is specified in the offer. During this period, the buyer has access to the download area, the extension and available updates. The buyer can continue to use the extension after the respective period has expired, but will not receive any further updates or support.
4.5. The Buyer may modify the Seller's Extensions to suit its own needs. The further publication of the original or modified versions requires the written approval of the Seller.
4.6. All Joomla! extensions are developed for the specified Joomla! version. The Seller cannot guarantee that the extensions will be compatible with future Joomla! versions and will function properly.
5. Terms of payment
5.1. Bank transfer and PayPal are available to the buyer as payment methods. For payments with PayPal, payment is due immediately upon conclusion of the contract. Any installment payments or the payment term in 30 days (Pay in 30) shall be agreed exclusively with PayPal (Europe) S.à r.l et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg. This company will grant you a loan following its own credit check. Further details can be found in PayPal's terms of use.
5.2. In the event of default of payment by the buyer, the statutory provisions on default shall apply. The interest rate towards a consumer is 5% points above the prime rate per annum in accordance with Section 288 of the German Civil Code (BGB) and towards an entrepreneur 9% points above the prime rate per annum.
5.3. The Buyer shall only be entitled to set-off rights, insofar as these are not counterclaims arising from the same contractual relationship, if his counterclaims have been legally established, are undisputed or have been acknowledged by the Seller.
5.4. If the Buyer is an entrepreneur, he shall not be entitled to rights of retention, insofar as these are not counterclaims arising from the same contractual relationship, if his asserted Counter Claims are disputed by the Seller, have been legally established or are ready for decision.
5.5. The Buyer shall receive an invoice electronically to the e-mail address provided when placing the order. It is the Buyer's responsibility to check all data provided for accuracy and completeness before sending the order form. A claim for subsequent correction of the invoice only exists if the invoice data does not match the data in the completed order form.
6. Warranty / Liability
6.1. The seller warrants that the software products are free from material defects and defects of title. The statutory provisions shall apply with regard to liability for material defects (warranty). The buyer is entitled to a statutory right to liability for material defects. If the manufacturer/seller also grants a voluntary guarantee, this will be indicated separately with the goods offered.
6.2. The seller shall exercise the greatest care when preparing the offer. Errors and changes with regard to the correctness of manufacturer information, product descriptions and/or prices as well as for printing errors, technical changes and for reading errors caused by caching remain reserved.
6.3. The following applies to contracts with entrepreneurs or legal entities under public law:
a. Claims for material defects shall lapse 12 months after the transfer of risk.
b. Obvious defects must be reported within a period of 14 days, otherwise they shall be deemed to have been approved. Shortages must be reported within 4 days.
c. If the transaction is a commercial transaction for both parties, the Buyer shall, in deviation from clause b., comply with the obligations of § 377 HGB, i.e. to inspect the goods immediately after delivery by the Seller, insofar as this is feasible in the ordinary course of business, and, if a defect or shortage is found, to notify the Seller immediately. If notification is omitted or delayed, i.e. not made immediately, the goods shall be deemed to have been approved. Hidden defects must be reported immediately after their discovery, otherwise they shall also be deemed approved if they are not reported or reported late.
d. In the event of a defect, the seller shall be entitled to choose between subsequent performance in the form of rectification of the defect or provision of a defect-free item. The Buyer shall grant the Seller a reasonable period of time, varying according to the actual circumstances of the individual case, but not less than 7 days, for subsequent performance. The bearing of costs and reimbursement of expenses in the context of subsequent performance shall be governed by the statutory provisions.
e. If the rectification of defects within the meaning of Section 440 of the German Civil Code (BGB) fails, the buyer may, at his discretion, withdraw from the contract or demand a reduction in price. In the case of notices of defects, the buyer may only withhold payments if a defect is asserted about whose justification there is no doubt, or if the notice of defect is undisputed or its justification has been legally established. If the notice of defects is unjustified, the seller shall be entitled to demand compensation from the buyer for the expenses incurred.
f. Further claims of the buyer, in particular due to consequential damages, are excluded. This does not affect the unlimited liability for damages resulting from injury to life, body or health as well as other damages that are based on a negligent or grossly negligent breach of duty by the seller or an intentional or negligent breach of duty by a legal representative or vicarious agent. The unlimited liability shall also apply in the event of a breach of cardinal contractual obligations, i.e. such contractual obligations on the fulfillment of which the buyer relies and may rely. Otherwise, liability shall be limited to the damage typically incurred in the commercial transactions on which these GTC are based.
g. Liability under the Product Liability Act (Produkthaftungsgesetz) remains unaffected.
h. The statutory limitation period within the scope of a delivery recourse according to Sections 478 and 479 of the German Civil Code (BGB) remains unaffected.
7. Cancellation policy for consumers (§ 13 BGB)
7.1. Consumers (see section 1 above) have the following statutory right of withdrawal.
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.The withdrawal period is one month from the day on which you or a third party named by you, who is not the carrier, took possession 3ft he last goods.To exercise your right of withdrawal, you must inform us
SW Digital Media UG (limited liability)
Friedrich-Ebert-Str. 10
97318 Kitzingen
Telefon: + 49 174 / 7808199
E-Mail: info[at]ui-themebuilder.com
of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal
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.
End of the withdrawal policy
Sample withdrawal form
If you wish to cancel the contract, please complete this form and return it to us.
To :
SW Digital Media UG (haftungsbeschränkt)
Friedrich-Ebert-Str. 10
97318 Kitzingen
E-Mail: info[at]ui-themebuilder.com
– I/we hereby revoke the contract concluded by me/us for the purchase of the following digital content
– Ordered on/ received on
– Name of the consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only for notification on paper)
– Date
Expiry of the right of withdrawal
The right of withdrawal for consumer contracts for digital content expires in accordance with Section 356 (5) No. 2 BGB if the buyer agrees that the seller begins to execute the contract before the expiry of the withdrawal period and if the buyer has confirmed his knowledge that he loses his right of withdrawal by his consent with the beginning of the execution of the contract.
8. information for consumers in distance selling contracts and customer information for contracts in electronic commerce
a) The seller is not subject to any special codes of conduct not mentioned above.
b) The buyer can check any input errors when placing the order during the final confirmation before checkout and correct them at any time using the change function before sending the order.
c) The essential characteristics of the goods offered by the seller as well as the period of validity of limited offers can be found in the individual product descriptions on the website.
d) The language available for the conclusion of the contract is exclusively German. This translation is for the information of English-speaking buyers only.
e) Insofar as the seller or another company, such as the manufacturer, provides a voluntary guarantee for a product sold by us, the respective guarantee conditions shall apply to the exercise and assertion of this guarantee. The buyer also receives the guarantee conditions with the order confirmation. The statutory rights of liability for defects always remain unaffected by the aforementioned guarantee. Complaints and warranty claims can be made by the buyer at the address given in the provider identification.
f) The buyer can save the text of the contract on his computer by clicking on the right mouse button of his browser or print it out using the print function of his browser. The contract text (consisting of the order data and the GTC) is also saved by the seller and sent to the buyer by e-mail after the contract is concluded.
For security reasons, the buyer, as a non-registered customer, can no longer view the order data via the Internet after the purchase has been completed. Buyers who are registered customers have the option of viewing their previous orders under the menu item “Profiles”.
g) The buyer can find information on payment or fulfillment in the respective offer.
h) Complaints procedure via the ODR platform: Consumers have the possibility to settle disputes out of court via this link to the European ODR platform. Note: The European Commission provides an online platform for out-of-court dispute resolution between traders and consumers. Our e-mail address is: info[at]ui-themebuilder.com. We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
9. final provisions, miscellaneous
9.1. The law of the Federal Republic of Germany shall apply to the contractual relationship between the Seller and the Buyer as well as to the respective terms and conditions. If the Buyer is a consumer, the applicable statutory provisions and rights in favor of the consumer under the law of the Buyer's country of residence shall remain unaffected by this agreement. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
9.2. The exclusive place of jurisdiction is the court at the Seller's place of business if the Buyer is a merchant within the meaning of the German Commercial Code (HGB) or a public corporation. The seller also has the right to sue at the buyer's place of business.
9.3. Should individual provisions of this contract be wholly or partially invalid or lose their legal validity at a later date, this shall not affect the validity of the remainder of the contract. The invalid provision shall be replaced by the statutory provision.