Terms and Conditions

 

1. Scope of this Agreement, Definitions

a) These General Terms and Conditions (hereinafter referred to as "GTC") represent the exclusive basis for all legal relationships established between comocom GmbH, Rheinstraße 56, 12159 Berlin, Germany, (hereinafter referred to as "comocom") and the Agreement partners (hereinafter referred to as "Customers").

b) comocom offers a series of software applications (hereinafter referred to as "Software") helping Customers with various application fields.

c) Consumers are regarded as persons within the meaning of Section 13 BGB (German Civil Code), i.e. natural persons who conclude the respective legal transaction for a purpose which is outside their trade, business or profession. In other cases, customers are entrepreneurs pursuant to Section 14 BGB.

d) In addition to these GTC, a Privacy Policy (hereinafter referred to as "Privacy Policy" may be applicable to any use of Software in addition to these Terms. In case of conflict between these GTC and the Privacy Policy, the provisions of the Privacy Policy shall prevail.

e) The GTC current at the time of the conclusion of the Agreement are applicable.

f) These GTC also apply for future dealings with Customers who are entrepreneurs, if they concern related types of legal transactions.

g) Deviating Customer conditions shall not be recognised, unless comocom provides express written consent to their validity.

2. Subject of Agreement

a) Subject matter of the agreement and these GTC is the deployment to the customer with software for downloading.

b) By purchasing the software, comocom agrees with the Customer to grant him a license to use the software subject to these GTC.

c) The Licensed Product comprises the object code of the software and online documentation.

d) Statements, warranties, subsidiary agreements, etc., are only binding after a written confirmation by comocom.

3. Agreement Conclusion

a) Images and descriptions only apply as general clarification. Technical data may be subject to change.

b) The presentation of comocom‘s Products on the Internet shall serve to inform the Customer only. They shall not constitute any binding offer by comocom, but rather an opportunity for the Customer to make a binding contractual offer in the form of an order. comocom reserves the right to make technical changes and changes in form, colour and/or weight within reason.

c) An order declared by the Customer is a binding offer. comocom is entitled to accept the Agreement offer.

d) A legally binding agreement between comocom and the Customer shall be concluded if the Customer places an order and comocom accepts such order by way of a written order confirmation (e-mail is sufficient) or provision of the Products to the Customer, (e.g. per download or by provision of a Login).

e) The software will be provided to the customer as a download. The delivery does not occur on a data disk.

4. Prices, Conditions of Payment

a) Price information provided to the customer is considered gross, inclusive of statutory value-added tax.

b) The download of the software shall take place against prepayment via credit card or PayPal, whereby the comocom reserves the right to select the method of shipment.

c) Payments shall be due immediately without any deductions. Should the Customer be in default with its payment, comocom may demand agreed or statutory default interest without notice.

5. Customer’s duties

a) Personal access data (e.g., user ID, password) and the software key may not be provided to third parties and must be kept in a location that is protected against third-party access.

b) comocom and its agents shall be indemnified against all claims by third parties that are based on the illegal use of the software and the services connected therewith by the customer or with his consent, or which arise, in particular, from litigation involving data protection, copyright, or other laws. If the customer realizes or can be expected to realize that a violation of this type is about to occur, he shall be obligated to notify comocom thereof without undue delay.

6. Grant of Rights

a) comocom shall grant the customer the non-exclusive right, which is unlimited in space cannot be sublicensed, to use the software.

b) Limitations of time may result from the service description of the software on the website. Is no time limit specified, there is no limitation of time.

c) The customer may copy the software for installation from comocom’s website to the hard disk (or another mass storage device) of the computer used and for loading the program to main memory. In addition, the customer shall be entitled to copy the software for backup purposes.

d) The transmission f the software, in particular any other copying, distribution and sale thereof (beyond the backup copy), is not permitted.

e) The customer shall not be permitted to use the software on multiple computers at the same time. If he wishes to use the software on a different computer, he must first delete the software from the old computer before installing it on the other computer.

7. Right of Withdrawal, Transfer of Risk

-Begin of the withdrawal instructions -

Cancellation Policy
You may withdraw your contractual declaration in writing (by letter, fax, email, for example) within 14 days without giving any reason. This period will commence upon receipt of this information in writing, but not before the contract has been concluded or the information requirements pursuant to Article 246 § 2 in conjunction with § 1 (1) and (2) EGBGB [Introductory Act to the German Civil Code] as well as our obligations pursuant to Sec. 312e Para. 1 Sentence 1 BGB in conjunction with Article 246 § 3 EGBGB have been fulfilled. In order to observe the withdrawal period, it is sufficient if you send your withdrawal in time. The withdrawal is to be addressed to:

comocom GmbH
Rheinstraße 56
12159 Berlin, Germany
+4930 856 173 21
E-Mail: office@comocom.com

Cancellation Consequences
In the event of an effective withdrawal, all payments and consideration received by both parties must be returned and any benefits generated therefrom (interest, for example) surrendered. If you are unable to return the consideration received in part or in whole or are able to return the same only in a deteriorated condition, you must provide comocom with compensation of a corresponding value. This does not apply if the deteriorated condition is merely a consequence of the inspection of the good, as if would have been performed while buying the product in a shop and not using the means of long-distance transactions. Moreover, you may prevent your obligation to compensate the value by not using the good as an owner would use it and by omitting everything that affects its value.
You must cover the cost of the return if the goods as supplied are in accordance with what was ordered and if the price of the item to be returned does not exceed 40 Euros or, if the price of the item is higher, if at the time of cancellation you have not yet paid for it in full or made a contractually agreed part payment. In any other case the return of the goods is free of charge to you. Items which cannot be sent by parcel post will be collected from you.
This means that you may nonetheless have to fulfil your contractual payment obligations for the period up to the withdrawal. Any obligations to reimburse payments must be fulfilled within 30 days. For you, this period will commence upon sending your withdrawal statement and for us, upon receipt of the same.

- End of the withdrawal instructions -

a) Please note:
This right of withdrawal applies only to customers, who are consumers and are entitled by the law to this right. This right of withdrawal does not exist in the case of contracts for the delivery of goods that comocom has manufactured on the basis of the customer’s specifications or which are clearly tailored to the personal needs of the customer.

b) This right of withdrawal shall not apply:
(1) for contracts which we have manufactured based on your specifications
* or which were clearly tailored to your personal needs
* or whose nature makes them unsuitable for a return
* or which are perishable or
* whose sell-by date has been exceeded,
(2) for contracts regarding the delivery of audio or video recordings or of software if you have broken the seal of the data storage medium.
(3) for contracts regarding the delivery of newspapers, magazines and pictorials, except if you made your contract declaration on the phone.

c) Customers must cover the cost of the return if the goods as supplied are in accordance with what was ordered and if the price of the item to be returned does not exceed 40 Euros or, if the price of the item is higher, if at the time of cancellation the Customer have not yet paid for it in full or made a contractually agreed part payment. In any other case the return of the goods is free of charge to the customer. Items which cannot be sent by parcel post will be collected from the customer.

8. Reservation of proprietary Rights

a) The service item remains - even in the fitted state - the property of comocom until complete payment of all accruing receivables including all costs. As long as the reservation of title exists, all changes to the detriment of comocom, sale, pledging, assignment of security or other transfer of the service item to third parties, shall not be permitted without the written consent of comocom.

b) In the event of access by third parties, in particular in the case of seizure, the Customer must immediately notify comocom in writing and inform the third party of the reservation of title.

c) Likewise, comocom shall be immediately informed of any change in the Customer's address or the location of the delivered items. All costs incurred by comocom through exercising ownership are charged to the Customer.

9. Liability, Damages

a) The following exclusions and limitations of liability apply with regard to comocom's liability for damage compensation, notwithstanding the other legal claim requirements.

b) comocom assumes unlimited liability if the cause of the damage is the result of intent or gross negligence.

c) Furthermore, comocom assumes liability for the slightly negligent breach of significant duties, whose breach places the achievement of the purpose of the Agreement at risk, or for the breach of duties whose fulfilment generally enables the execution of the Agreement and on whose compliance they regularly rely. However, in this case, comocom shall only be liable for the foreseeable damage that might typically occur under the Agreement. comocom is not liable for the slightly negligent breach of duties other than those stated in the above-mentioned sentences.

d) The above-mentioned limitations of liability do not apply for loss of life, bodily injury or damages to health for a defect after assumption of a guarantee for the nature of the product and for fraudulent concealment of defects. Liability pursuant to the Product Liability Act remains unaffected.

e) If comocom liability is excluded or limited, this also applies for personal liability of employees, representatives, agents or assistants

10. Data Protection

a) comocom processes the Customer's personal data for a specific purpose and pursuant to the statutory provisions.

b) The personal data stated for the purpose of the order of goods (such as name, email address, address, payment details) shall be used by comocom for the fulfilment and execution of the Agreement. This data shall be treated as confidential and not forwarded to third parties that are not involved in the order, delivery and payment process.

c) The Customer has the right to receive information on the personal data that has been saved by comocom about him, free of charge. In addition, the Customer has the right to amend incorrect data, block and delete his personal data provided this does not contradict any legal storage obligation.

11. Place of Fulfilment, Place of Jurisdiction, Applicable Law, Language and Final Provisions

a) The place of fulfilment shall be the branch office in Berlin (Germany) of comocom GmbH., Rheinstraße 56, 12159 Berlin, unless expressly agreed otherwise or pursuant to consumer protection legislation.

b) For all disputes arising from the Agreement relationship, if the Agreement partner is a businessman, the proceedings shall be instituted at the Berlin District Court or the Berlin Regional Court.

c) German law applies exclusively to the exclusion of the Law on the International Purchase of Moveable Goods, even if the Agreement partner has their registered office abroad.

d) The language of the Agreement is German, provided no contrary compelling consumer protection provisions arise.

e) If one of the above-mentioned provisions is partially or completely ineffective, this does not affect the effectiveness of the remaining provisions.