General Terms and Conditions with Customer Information
Table of Contents
1. Scope
2. Conclusion of Contract
3. Right of Withdrawal
4. Prices and Payment Terms
5. Delivery and Shipping Terms
6. Granting of Usage Rights for License Keys
7. Retention of Title
8. Liability for Defects (Warranty)
9. Liability
10. Applicable Law
11. Alternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Andreas Baumann, operating under "IMU Hard- und Softwareservice" (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller regarding the goods presented in the Seller's online store. The inclusion of the Customer's own conditions is hereby rejected unless otherwise agreed.
1.2 These GTC also apply accordingly to contracts for the provision of license keys, unless otherwise specified. The Seller is obliged to provide a license key for the use of the digital content or digital services (hereinafter referred to as "digital products") described by him and to grant the contractually agreed rights to use these digital products. The Customer does not acquire intellectual property rights to the digital product. The respective product description of the Seller is decisive for the quality of the digital product.
1.3 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly are not attributable to their commercial or self-employed professional activity.
1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership that, when concluding a legal transaction, acts in the exercise of its commercial or self-employed professional activity.
1.5 The subject matter of the contract may—depending on the content description of the Seller—include both the one-time provision of digital content and the regular provision of digital content (hereinafter referred to as a "subscription contract"). In a subscription contract, the Seller undertakes to provide the Customer with the contractually owed digital content for the agreed contract period at the contractually agreed time intervals.
2) Conclusion of Contract
2.1 The product descriptions contained in the Seller's online store do not constitute binding offers by the Seller but serve to enable the Customer to submit a binding offer.
2.2 The Customer can submit an offer via the online order form integrated into the Seller's online store. By placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding offer for the goods in the shopping cart by clicking the button that completes the ordering process.
2.3 The Seller can 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 the receipt of the order confirmation by the Customer is decisive;
- Delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive;
- Requesting payment from the Customer after the order has been placed.
If multiple of the above alternatives exist, the contract is concluded at the time one of the above alternatives occurs first. The period for acceptance of the offer begins on the day after the offer is sent by the Customer and ends on the fifth day after the offer is sent. If the Seller does not accept the Customer's offer within this period, the offer is considered rejected, and the Customer is no longer bound by their declaration of intent.
2.4 If the Customer selects a payment method offered by PayPal, the payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), under the PayPal terms of use, available at [https://www.paypal.com/de/webapps/mpp/ua/useragreement-full](https://www.paypal.com/de/webapps/mpp/ua/useragreement-full) or—if the Customer does not have a PayPal account—under the conditions for payments without a PayPal account, available at [https://www.paypal.com/de/webapps/mpp/ua/privacywax-full](https://www.paypal.com/de/webapps/mpp/ua/privacywax-full). If the Customer pays using a PayPal payment method available during the online order process, the Seller already declares acceptance of the Customer's offer at the moment the Customer clicks the button completing the order process.
2.5 When submitting an offer via the Seller's online order form, the contract text is stored by the Seller after contract conclusion and sent to the Customer in text form (e.g., email, fax, or letter) after the order has been placed. The Seller does not provide further access to the contract text. If the Customer has created a user account in the Seller's online store before submitting their order, the order details will be archived on the Seller's website and can be accessed by the Customer free of charge via their password-protected user account by entering the relevant login data.
2.6 Before submitting a binding order via the Seller's online order form, the Customer can recognize possible input errors by carefully reading the information displayed on the screen. A useful technical tool for better recognizing input errors may be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic order process using the usual keyboard and mouse functions until they click the button that completes the order process.
2.7 Different languages may be available for contract conclusion. The specific language selection is displayed in the Seller's online store.
2.8 The order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address they provide for order processing is correct so that emails sent by the Seller can be received. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Seller or by third parties commissioned by the Seller for order processing can be delivered.
3) Right of Withdrawal
3.1 Consumers generally have a right of withdrawal.
3.2 More detailed information on the right of withdrawal can be found in the Seller's withdrawal policy.
3.3 The right of withdrawal does not apply to consumers who, at the time of contract conclusion, do not belong to a member state of the European Union and whose sole residence and delivery address are outside the European Union at the time of contract conclusion.
4) Prices and Payment Terms
4.1 Unless otherwise stated in the Seller's product description, the prices listed are total prices that include statutory value-added tax. Any additional delivery and shipping costs are specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases that the Seller is not responsible for and must be borne by the Customer. These include, for example, costs for money transfers by credit institutions (e.g., bank transfer fees, exchange rate fees) or import duties and taxes (e.g., customs duties). Such costs may also arise in relation to money transfers if the delivery is not made to a country outside the European Union but the Customer makes the payment from a country outside the European Union.
4.3 The available payment methods are communicated to the Customer in the Seller's online store.
4.4 If advance payment by bank transfer is agreed upon, the payment is due immediately after the conclusion of the contract unless the parties have agreed on a later due date.
5) Delivery and Shipping Conditions
5.1 If the seller offers shipping of the goods, delivery will be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address stated in the seller's order processing is decisive for the transaction.
5.2 If the delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller. This does not apply to the costs of outbound shipping if the customer exercises their right of withdrawal effectively. The provisions in the seller's withdrawal policy apply to return shipping costs in the event of a valid withdrawal.
5.3 If the customer acts as a business entity, the risk of accidental loss and accidental deterioration of the sold goods passes to the customer as soon as the seller has handed over the item to the carrier, freight forwarder, or any other person or institution designated to execute the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods generally transfers to the customer only upon handover of the goods to the customer or an authorized recipient. However, if the customer has commissioned the carrier, freight forwarder, or another designated person or institution for shipping and the seller has not previously named this person or institution to the customer, the risk passes to the customer upon handover of the goods to the carrier.
5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This applies only if the seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due diligence. The seller will make all reasonable efforts to obtain the goods. If the goods are unavailable or only partially available, the customer will be informed immediately, and any payment made will be promptly refunded.
5.5 Self-collection is not possible for logistical reasons.
5.6 License keys will be provided to the customer as follows:
- By email
6) Granting of Usage Rights for License Keys
6.1 The provided license key entitles the customer to use the digital product as specified in the seller's product description.
6.2 If the license key is for a one-time provision of digital content, the granting of rights becomes effective only after full payment of the owed fee.
7) Retention of Title
7.1 For consumers, the seller retains ownership of the delivered goods until full payment of the purchase price has been made.
7.2 For business customers, the seller retains ownership of the delivered goods until all claims arising from the ongoing business relationship have been settled.
7.3 If the customer acts as a business entity, the following also applies:
- In the event of processing the delivered goods, the seller is considered the manufacturer and acquires ownership of the newly created goods. If processing is carried out together with other materials, the seller acquires co-ownership in proportion to the invoice values of its goods to the other materials.
- If the seller's goods are combined or mixed with the customer's items and the customer's item is considered the main item, co-ownership of the item is transferred to the seller in proportion to the invoice value of the seller’s goods to the invoice or, in the absence of such, the market value of the main item. In such cases, the customer is deemed the custodian.
- Items subject to ownership or security retention may not be pledged or transferred as security by the customer. The customer is only entitled to resell the reserved goods in the ordinary course of business. Any resulting claims against third parties are assigned to the seller in advance to the extent of the respective invoice value (including VAT). This assignment applies regardless of whether the reserved goods are resold without or after processing. The customer remains authorized to collect the claims even after the assignment. The seller’s right to collect the claims itself remains unaffected but will not exercise this right as long as the customer meets their payment obligations to the seller, is not in default, and no application for insolvency proceedings has been filed.
- The customer must immediately inform the seller if third parties access the goods owned or co-owned by the seller or the assigned claims. Any amounts collected by the customer on behalf of the seller must be forwarded to the seller immediately if due.
- If the value of the seller’s security rights exceeds the secured claims by more than 10%, the seller will release a corresponding portion of the security rights at the customer’s request.
8) Liability for Defects (Warranty)
Unless otherwise stipulated in the following provisions, the statutory provisions on liability for defects apply. For contracts involving the delivery of goods, the following deviations apply:
8.1 If the customer acts as a business entity:
- The seller has the right to choose the type of subsequent performance.
- For new goods, the limitation period for defect claims is one year from delivery.
- For used goods, rights and claims for defects are excluded.
- The limitation period does not restart if a replacement delivery is made under warranty.
8.2 The above limitations and reductions in liability periods do not apply:
- To claims for damages or reimbursement of expenses by the customer.
- If the seller has fraudulently concealed a defect.
- For goods used in accordance with their normal use in a building that have caused its defectiveness.
- For the seller’s obligation to provide updates for digital products under contracts for goods with digital elements.
8.3 For business customers, the statutory limitation periods for any existing statutory recourse claims remain unaffected.
8.4 If the customer is a merchant within the meaning of § 1 HGB, they are subject to the commercial duty of inspection and notification of defects according to § 377 HGB. If they fail to comply, the goods are deemed approved.
8.5 If the customer is a consumer, they are requested to report any obvious transport damage to the carrier and inform the seller accordingly. Failure to do so does not affect their statutory or contractual warranty rights.
9) Liability
The seller is liable to the customer under all contractual, quasi-contractual, and statutory, including tort claims for damages and reimbursement of expenses as follows:
9.1 The seller is fully liable for:
- Intent or gross negligence.
- Willful or negligent injury to life, body, or health.
- Any guarantees, unless otherwise specified.
- Mandatory liability, such as under the Product Liability Act.
9.2 If the seller negligently breaches a fundamental contractual obligation, liability is limited to foreseeable, contract-typical damage unless unlimited liability applies as per the above section. Fundamental contractual obligations are those that enable proper contract execution and upon which the customer regularly relies.
9.3 Otherwise, the seller's liability is excluded.
9.4 The above liability provisions also apply to the seller’s agents and legal representatives.
10) Applicable Law
10.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of goods. For consumers, this choice of law applies only insofar as the granted protection is not withdrawn by mandatory provisions of the law of the country in which the consumer has their habitual residence.
10.2 Furthermore, this choice of law does not apply to consumers who, at the time of contract conclusion, are not residents of a member state of the European Union and whose sole residence and delivery address are outside the European Union at the time of contract conclusion.
11) Alternative Dispute Resolution
11.1 The EU Commission provides an online dispute resolution platform at:
https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court resolution of disputes arising from online sales or service contracts involving a consumer.
11.2 The seller is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.