Terms & Conditions for Software Delivery

 

1. Definitions

"OXID eXchange": an OXID eSales AG and platform for the distribution of OXID eShop Extensions. "OXID eShop Extensions": Products and services, which are intended for use, or to be used, for or in connection with OXID eShop software (Community/ Professional and Enterprise Edition) and the related product information (title and description, documentation, terms of use and terms of licence).

2. Scope of Application

2.1 All offers, sales contracts, deliveries, licensing and services for OXID eShop Extensions made on the basis of any orders by our customers through OXID eXchange shall be governed by these general terms and conditions of sale (the "General Terms and Conditions").

2.2 Our offer applies exclusively to manufacturing & trade, small trade and self-employed. For this reason, there is no right of withdrawal.

3. Prices

All prices are subject to VAT at the prevailing rate.

4. Grant of License

4.1 The manufacturer of the OXID eShop Extensions grants you the license as defined in the license file (license.txt).

4.2 If the OXID eShop Extensions software does not contain a license file, the manufacturer grants you herewith for the software and documentation the non-exclusive, non-transferrable and non-sublicensable right to use.

5. Warranty

OXID eShop Extensions provided free of charge shall be delivered without a warranty of any kind. For all other OXID eShop Extensions the statutory rules shall apply.

6. Liability, Indemnity

OXID eSales shall in case of OXID eShop Extensions provided free of charge only be liable for damages caused by grossly negligent or wilful conduct. For all other OXID eShop Extensions the statutory rules shall apply.

7. Other Terms

7.1 This Terms and Conditions shall be governed by German Law.

7.2 Should any part of this Terms and Conditions become ineffective or void, the validity of the other terms shall remain unaffected.

7.3 If you are a corporation, limited liability company, commercial partnership or otherwise operate a commercial business (Kaufmann within the meaning of Sec. 1 (1) of the German Commercial Code) or if you are a legal entity or special fund organized under public law, the courts in Freiburg shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract. In all other cases, we or you may file suit before any court of competent jurisdiction under applicable law.

7.4 We save the text of the contract and send you your order data by e-mail. You can always find the General Terms and Conditions here. Your previous orders are at any time in your Customer Account available.

7.5 The contract language is German.


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