This page is currently revised
It apply the German general terms and conditions, provided by Händlerbund.
So you can trust everything is fine and even your mum will approve
find following a non-binding translation done with translate.google.com:
Terms and consumer information
§ 1 Basic Provisions
(1) The following conditions apply to all contracts between MailBeez ApS, Fruebjergvej 3, 2100 Copenhagen, Denmark – hereinafter referred to as supplier – and the customer, which will be closed from the online store of the provider. Unless otherwise agreed, the inclusion of its own conditions of the customer are.
(2) The provider offers its software for purchase, if the customer is a natural or legal person or a legal partnership, and upon conclusion of the contract as part of a commercial or professional activity (entrepreneurs) and to the extent he is not a consumer or . as a consumer uses the product in its independent professional, commercial or in his or official activities.
A purchase contract with consumers is excluded.
(3) Contract language is German. The contract will not be stored with the provider and the customer is no longer accessible after submitting the order. The customer can print the text of the treaty prior to your order using the print function of the browser or save electronically.
§ 2 Subject matter
This Agreement governs the sale of software. The vendor provides the customer with a free open-source platform for e-mail marketing are available, as well as additional free modules. The customer can purchase more modules next charge the details, particularly the essential features of the modules can be found in the item description and additional information on the agency website.
§ 3 Conclusion of contract
(1) The software offers the provider on the Internet represent a binding offer to conclude a contract, but an invitation to submit an order (purchase offer by the customer).
The customer can make his offer through the online ordering system.
If you buy via the online ordering system, please note:
Via the “price list”, the programs are intended for purchase individually selected. Then the customer is taken via the “Premium Download” to the order form. Here, the customer is required to order all information (personal data and payment). After confirming the “Continue” button again will finally find your data displayed. Before submitting the order, the customer has the opportunity here to check all the details again to change (even using the “back” of the Internet browser) or cancel the purchase. “Complete order”, the order is sent over the button, the customer makes a binding offer to the provider. The customer will receive an upfront automatic email about the receipt of his order, which does not lead to the conclusion of the contract.
(2) The acceptance of the offer (and the contract) shall in all cases by confirmation in writing (eg by email) in which the client is processing the order confirmation or by delivery of the software and the download link.
The customer should have received within 5 days of an order confirmation or any software or download link, he is no longer bound by his order. If necessary services already rendered will be immediately refunded in this case.
(3) The execution of the order and delivery of all in connection with the contract
required information should be partially automated by email.
The customer must ensure, therefore, that from him with the provider the email address is correct,
the receipt of emails ensures technically and especially not prevented by SPAM filters.
§ Software 4
(1) When you buy a software product, the customer acquires a license to use the software product in accordance with the license of the respective manufacturer.
(2) The customer acknowledges these license terms with the first use of the software package. The software products will remain the intellectual property of the licensor. All of the vendors mentioned trademarks, brand names and logos are the manufacturers of the goods offered. At
the recovery of the goods supplied must be observed protective relation to third parties.
(3) The customer is obliged to protect the loss of data. Since the installation of software, but also the change of the installed software brings the risk of data loss with it, the customer is required to make installation or a change in the installed software through a comprehensive data protection to precaution against data loss.
(4) The provider expressly points out that the customer in the use of its software must comply with the rules in his country data protection laws. The vendor assumes no responsibility for data protection breaches by the customer.
§ 5 Prices and Payment
(1) References in the respective offer prices represent net prices They do not include VAT.
(2) Since the software are made available for downloading at no shipping costs. You will receive within 2 days after receipt of a download link for the software or an e-mail with the software.
(3) The customer has the following payment options:
Payment by bank transfer
Payment by Credit Card
Payment by PayPal
Payment by Maestro
Payment by Sofortüberweisung
Specified by the provider invoices are due for payment immediately.
§ 6 Warranty
(1) The warranty period is one year from date of delivery. The one year warranty period does not apply to the seller attributable culpably caused damages from injury to life, limb or health and grossly negligently or intentionally caused damage or malice of the seller, as well as recourse pursuant to § § 478, 479 BGB.
(2) As a condition of the goods are only their own information by the provider and the manufacturer’s product description as agreed but no other advertising, promotions and public statements by the manufacturer.
(3) The customer is obliged to inspect the goods promptly and with due attention to the quality and quantity variances and obvious defects within 7 days from receipt of the goods to the supplier in writing, the deadline extends the deadline. This also applies to hidden defects discovered later on discovery. In violation of the investigation and reprimand the assertion of warranty claims is excluded.
(4) In case of defects the supplier shall, at its option by repair or replacement.
If the repair fails twice, the customer can demand either a reduction or withdraw from the contract. In case of repair, the provider must not take on the increased costs incurred by the shipment of the goods to a place other than the place where it is not in the intended use of the product complies.
§ 7 Liability
(1) The Supplier shall each fully for damages arising from injury to life, limb or health, for in all cases of intent and gross negligence, fraudulent concealment of a defect, has been guaranteed for the quality of the purchased goods, in case of damage the product liability law, and in all other cases established by law.
(2) If material contractual obligations are concerned, the liability of the provider for ordinary negligence to the typical, foreseeable damage. Material contractual obligations are essential obligations arising from the nature of the contract and the breach would compromise the achievement of its purposes and duties that the contract imposed on the provider to its content for purpose of the contract, which makes the proper execution of the contract would not be possible make and on which the customer can rely.
(3) When a violation of minor contractual obligations is excluded liability for slight negligence.
(4) The data communication over the internet, considering the current state of the art can not be guaranteed error free and / or available at all times. The provider is liable to the extent either for the continuous still uninterrupted availability of the Website and the offered service.
§ 8 Applicable law, place of performance and jurisdiction
German law applies to the exclusion of the CISG.
Place of performance and jurisdiction is the seat of the provider.