- Used Software
These General Terms and Conditions (GTC) shall apply to all current and future terms and conditions between us, VENDOSOFT GmbH, and our customers. Our offer is geared exclusively for commercial or self-employed customers, and thus entrepreneurs within the meaning of s. 14 BGB. If the entrepreneur uses conflicting or supplementary General Terms and Conditions, the validity thereof is herewith rejected; these GTC shall only become a component of the agreement if we expressly consent thereto.
The purchase agreement or other contract is concluded with
82266 Inning am Ammersee
The presentation of products on our website (www.vendosoft.de) is not a legally binding offer but rather, is a selection of specific software products as an online catalogue. You can initially place our products in the product basket without obligation and send us your non-binding purchase request via a form. You can correct your entries at any time prior to submitting the form, and you can cancel the inquiry at any time, e.g. by closing the browser. Once you submit your inquiry, we will contact you and – insofar as the corresponding product is available – will send you a corresponding offer, which you may accept. Unless expressly stated otherwise, you may only accept an offer within a period of two weeks of its receipt.
If you contact us by phone, email or the like, we will subsequently contact you about your inquiry and – insofar as the product you have inquired about is available – we will send you a binding offer, which you can then accept. Unless otherwise expressly indicated, you may only accept an offer within a period of two weeks of its receipt.
Should we purchase software from you, the contract will only be concluded once we have confirmed said purchase in writing. Under no circumstance shall silence constitute the acceptance of your purchase offer. In the case of so-called used software, we only buy software that is wholly owned by you and for which copy of the software, the distribution rights of the software publisher have been exhausted within the meaning of s. 69c no. 3 UrhG in that the software was first brought onto the market in the EEA with the approval of the software publisher, whereby a fee was paid for the copy of the software (software license), the rights associated with the purchased software were permanently granted (unlimited), with which acquisition the original purchaser was also entitled to use updates or supplements to the products, inter alia, whereby the first and any intermediate purchasers have rendered their copies of the software unusable without exception. As the seller, you shall guarantee us the rights to the use of the software as intended in this respect, as a result of the (cumulative) provisions having been met, and provide us with all of the contract-related documents (software license agreement, license terms, etc.). You shall provide a written statement, specifically with regard to rendering your copy of the software unusable, using a template according to our guidelines in the presence of an attorney, tax consultant, auditor or notary public to be specified by the purchaser, at our expense. This is done, for reasons of data protection without disclosing the parties involved in the chain of acquisition, but with reference to the specific subject matter of the contract. If the aforementioned declaration has not been submitted within two weeks upon conclusion of the contract, we shall be entitled to withdraw from the contract without setting a term, and to claim damages. Legal claims remain unaffected.
The language available for the conclusion of the contract is German. Our current GTC are always available upon request by email or by post.
Shipping costs will be added in addition to any stated product price. You can find out more about shipping costs in our offers. We deliver all our products. In general, it is not possible to pick up the products in person.
Unless otherwise noted – all prices are subject to the statutory added value tax (VAT), currently at the amount of 19%. Our invoices are without deduction (discount) – unless otherwise agreed in writing – within a period of 14 days. Payments must be made exclusively to the account specified in the invoice document.
The goods sold by us remain our property until payment is made in full. This also applies to all future deliveries, even if we do not expressly reference this provision. We are entitled to take back the purchased item if the customer behaves contrary to the terms of the contract. We reserve title to the goods until complete settlement of all claims arising from an ongoing business relationship. You may resell the reserved goods through ordinary business operations; all claims resulting from this resale (including VAT) shall be assigned to us in advance – irrespective of any combination or mixing of the reserved goods with a new item – in the amount of the invoice total and we will accept this assignment. You remain entitled to collect the claims, but we may also collect claims ourselves insofar as you fail to meet your payment obligations.
The risk of accidental loss and accidental deterioration shall be transferred to you as soon as we have delivered the item to the freight forwarder, the carrier or the person or institution otherwise responsible for carrying out the shipment. Among traders, the obligation of examination and notification of defects pursuant to s. 377 HGB shall apply. If you fail to provide the notice stipulated therein, the goods shall be deemed to have been accepted unless the defect is such that it could not be identified during the inspection. This shall not apply if we have fraudulently concealed a defect.
Unless expressly agreed otherwise, statutory warranty rights shall apply. Accordingly, warranty rights of the purchaser presuppose that the customer has properly fulfilled his duties of examination and notification of defects pursuant to § 377 HGB. The period of limitation for claims for defects is one year from the transfer of risk; the statutory periods of limitation for the right of recourse in accordance with § 478 BGB remain unaffected. Our own statement and the description of the product by the software publisher, which was included in the contract, are solely applicable as an agreement concerning the condition of the goods; we accept no liability for public statements made by the software publisher or other advertising statements.
If the delivered goods are defective, we will initially resolve this defect by remedying the defect (remediation) or by delivering a defect-free item (replacement delivery) at our discretion.
We shall be liable within the scope of the statutory provisions only in accordance with the following provisions, regardless of the legal grounds: we shall be liable without limitation for damages resulting from injury to life, limb or health, as well as for damages caused by intent or gross negligence on our part or by our legal representatives or vicarious agents, as well as for damages due to non-compliance with a guarantee that we have provided, or guaranteed property or due to malice. we shall be liable with limitations for compensation for foreseeable damages typical of the contract concerned that are caused by a slightly negligent violation of essential contractual obligations by us, or by our legal representatives or vicarious agents. Essential contractual obligations are obligations, the fulfilment of which makes the proper execution of the contract possible, and compliance with which the contractual partner may regularly rely. We shall not be liable for other cases of slightly negligent behaviour. Insofar as liability is excluded or limited, this shall also apply to our employees, employees, representatives, organs and vicarious agents. The provisions of the Product Liability Act remain unaffected.
To exercise a right of retention, you are only authorised insofar as a counterclaim thereto is based on the same contractual relationship.
German law applies excluding the UN sales law (CISG). Place of performance and exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our place of business.