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Terms and Conditions (hereinafter "terms") of commercers GmbH (hereinafter "commercers")

I. Scope

commercers exclusively offers products etc. to commercial customers as ultimate buyer or resellers exclusively. All offers, declarations, agreements and actions belonging to this site are applied to those terms. Other terms of the customer must not be applied, unless they are accepted by commercers expressly and in writing.

II. Contractual item

commercers offers software (called "extensions" or "modules") in addition to the standard software Magento in this online store. The offered extensions have been created by commercers or by entrusted commercers programmers.

III. Offer and conclusion of contract (only for fee-based articles and service)

By placing the order ("Buy") in the online store, the customer makes a binding offer to the ordered / purchased items. To be legally valid, the contract requires a written confirmation of acceptance by commercers or the execution of the order / delivery of the download.

In case that the customers declares to be a commercial customer incorrectly, commercers has the right of appeal. The customer shall in no event be entitled to order with terms of consumers.

IV. Prices and Payment

All prices are net prices and do not include the applicable VAT. The payment must be paid according to the online store presets.

V. Delivery

After receipt of payment and possible release by commercers the customer has the possibility to download the purchased software in his account. In general, the frequency of downloads is limited. The customer has to store the purchased software safely. A claim for more downloads after the expiry of limitation does not exist.

VI. License Terms

After purchasing the software the customer has following rights. Unless otherwise agreed (product description)

 

  • the customer has the non-exclusive right to use the software indefinitely after conclusion of contract.
  • the software must only be used on the shop instance that is installed under the specified URL / domain.
  • the customer must not change or remove copyrights or other owner notices included in the software. Editing the Software is only permitted within the legal maximum limit.. Here specifically according to § 69e UrhG (decompilation) as well as § 69d II and III. § 69d I in case fixing the software by commercers should not be done successfully or not at all.

Any use that exeeds those points, is a non-conforming use.

VII. Copyright

commercers developed software, as well as source code is subject to copyright act. The provisions of the copyright act will apply even if the threshold of originality (§ 2 copyright act) is not achieved.

VIII. Material defects and defect of title (only for fee-based articles and service)

Definition:

  • Material defect occurs when the software is not suitable for the use described in the offer. Compatibility and version information have to be observed.
  • Defect of title exists when rights necessary for the contractual intended use of the software can not be legally granted after delivery.

The customer must informt commercers immediately after taking note of a defect.

All claims arising from defects expire after one year, unless the defect was not fraudulently concealed. In this case, the limitation period is three years.

The limitation period starts with providing the download in the customer account.

Defects, which are reported within the warranty period will be fixed free of charge. Should a fix be impossible or disproportionate, both parties are entitled to terminate the contract.

The warranty is canceled when changes were made to the software without the explicit permission or if the software was not used as intended.

Not covered by the warranty terms are customizing services, unless explicitly agreed.

IX. Obligations of the Customer

The customer has to test the software on usability in the specific situation ("test environment") before beginning the operational use. He also has to take appropriate measures in the event that the software is not working properly.

X. Contract Period

The contract does not provide respites and therefore runs indefinitely. A right of extraordinary termination remains unaffected by this provision.

XI. Liability (only for fee-based articles and service)

Any liability for damages or wasted expenditures, regardless of the legal base, is regulated only by the following extent:

  • Liability for damage caused by commercers or a legal representative / agents nonnegligently or grossly negligent is not limited.
  • Liability for injury to life, limb or health or claims under the product liability act, the statutory provisions shall not be limited.
  • Defense of contributory negligence by commercers left open the. (S.a. point IX.)

Any further liability is excluded.

XII. Applicable law, place of performance and jurisdiction

  • Exclusively the law of the Federal Republic of Germany is applicable
  • Place of performance is Lübz (D, MVP)
  • Place of jurisdiction is Schwerin (D, MVP)


XIII. Final Provisions


  • commercers may assign claims from business liabilities to third parties.
  • If any of these Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from this clause and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
  • commercers may send news and informations belonging to extensions and Magento to the customer by email. The number of sent emails may not be disproportional.
AGB / Terms