1. Scope
2. Subject Matter of the Contract
3. Conclusion of Contract
4. Right of Withdrawal
5. Prices and Payment Terms
6. Provision of Software
7. Granting of Usage Rights
8. Customer's Duties to Cooperate
9. Liability for Defects
10. Applicable Law
11. Jurisdiction
12. Alternative Dispute Resolution
1.1 These Terms and Conditions (hereinafter 'T&C') of Luis Henrich-Bandis, acting under 'StudyPDF Henrich-Bandis' (hereinafter 'Entrepreneur'), apply to all contracts for the provision of software concluded by a consumer or entrepreneur (hereinafter 'Customer') with the Entrepreneur regarding the software products (hereinafter 'Software') presented by the Entrepreneur in his online shop. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these T&C is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
1.3 An entrepreneur within the meaning of these T&C is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
2.1 The subject matter of the contract is the provision of the software offered by the Entrepreneur in electronic form, granting certain usage rights as specified in these T&C.
2.2 The Customer does not acquire any intellectual property rights to the software. The source code of the software is not part of the provided software.
2.3 Installation is not part of the contract. The Entrepreneur refers to the installation instructions. This also applies in particular to the hardware and software environment in which the software is used.
2.4 Unless otherwise stated in the Entrepreneur's product description, the Customer does not receive individual application support from the Entrepreneur.
3.1 The software products described in the Entrepreneur's online shop do not constitute binding offers by the Entrepreneur, but serve to submit a binding offer by the Customer.
3.2 The Customer can submit the offer via the online order form integrated into the Entrepreneur's online shop. After placing the selected software in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer regarding the software contained in the shopping cart by clicking the button that concludes the ordering process.
3.3 The Entrepreneur may accept the Customer's offer within five days by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the Customer is decisive, or by providing the Customer with the ordered software, or by requesting payment from the Customer after the order has been placed. If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Entrepreneur does not accept the Customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
3.4 When submitting an offer via the Entrepreneur's online order form, the contract text is stored by the Entrepreneur after the contract has been concluded and sent to the Customer in text form (e.g. email, fax or letter) after the Customer's order has been sent. No further access to the contract text by the Entrepreneur is provided.
3.5 Before submitting a binding order via the Entrepreneur's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better detecting input errors can be the browser's magnification function, which enlarges the display on the screen. The Customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
3.6 The contract is concluded exclusively in German.
3.7 Order processing and contact are usually carried out by email and automated order processing. The Customer must ensure that the email address provided by him for order processing is correct so that emails sent by the Entrepreneur can be received at this address. In particular, when using spam filters, the Customer must ensure that all emails sent by the Entrepreneur can be delivered.
Consumers generally have a right of withdrawal. Further information on the right of withdrawal can be found in the Entrepreneur's withdrawal policy.
5.1 Unless otherwise stated in the Entrepreneur's product description, the prices quoted are total prices. VAT is not shown, as the Entrepreneur is a small business within the meaning of § 19 para. 1 UStG.
5.2 The payment option(s) will be communicated to the Customer in the Entrepreneur's online shop.
6.1 The Entrepreneur provides the software by making a digital copy of the software available for download via the Internet. For this purpose, the Entrepreneur provides the Customer with a link by email, via which the Customer can initiate the download of the digital copy and save the copy at a location of his choice.
6.2 The time at which the software is made available on the Internet and this is communicated to the Customer is decisive for compliance with any delivery dates.
7.1 Unless otherwise stated in the Entrepreneur's product description, the Entrepreneur grants the Customer a non-exclusive, unlimited, transferable right to use the software in the agreed hardware and software environment for private purposes.
7.2 The Customer is not granted any right to edit the software.
7.3 Renting the software is not permitted.
7.4 The Customer is prohibited from removing and/or modifying any copy protection that may be present.
7.5 The Customer is entitled to make a copy of the software for backup purposes. The reproductions of the software made for proper data backup are part of the intended use.
7.6 If the Customer exercises his right to transfer the rights of use to a third party, he must impose his contractual obligations on the third party. Upon transfer, the Customer's rights of use expire. All existing copies of the software must be deleted.
7.7 The granting of rights only becomes effective when the Customer has paid the remuneration owed in full.
7.8 If the Customer seriously violates the agreed rights of use so that it is unreasonable for the Entrepreneur to continue to adhere to the contract, the Entrepreneur may terminate the agreement on the granting of rights of use to the affected software without notice.
7.9 In the event of termination, the Customer is obliged to delete all existing copies of the software and to confirm this to the Entrepreneur in text form upon request.
7.10 The other statutory and contractual provisions remain unaffected.
8.1 The Customer must inform himself about the essential functional features of the software. The establishment of a functional and, also taking into account the additional load caused by the software, sufficiently dimensioned hardware and software environment for the software is the sole responsibility of the Customer.
8.2 The Customer must observe the instructions given by the Entrepreneur for the installation and operation of the software.
8.3 The Entrepreneur recommends that the Customer take appropriate precautions in case the software does not work properly in whole or in part (e.g. by daily data backup, fault diagnosis, regular checking of data processing results) and to make a suitable backup of his data before installing the software.
If the software is defective, the statutory provisions on liability for defects apply.
All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany to the exclusion of the laws on the international sale of goods. In the case of consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
If the Customer is a merchant, a legal entity under public law or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the Entrepreneur's place of business. If the Customer's registered office is outside the territory of the Federal Republic of Germany, the Entrepreneur's place of business is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. In the above cases, however, the Entrepreneur is always entitled to bring an action before the court at the Customer's place of business.
12.1 The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
12.2 The Entrepreneur is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.