§ 1 Scope of application
Only the following GTC in the version valid at the time of ordering shall apply to the business relationship of the customer with LaserSoft Imaging AG. Differing conditions of the customer are not acknowledged by LaserSoft Imaging AG, unless they are agreed to explicitly in writing.
§ 2 Conclusion of contract
The presentation of products in the online shop of LaserSoft Imaging AG does not represent a legally binding offer but rather represents an invitation to place an order. Errors are excepted.
By clicking the “order” or “complete purchase” button, the customer is making a binding order to purchase the products selected on the order page. The customer will initially receive a confirmation of the receipt of the order by email at the email address the customer has provided (order confirmation). The order is accepted by LaserSoft Imaging AG by sending an order confirmation to the customer via email, by delivering the ordered product, or making the software product available for download.
§ 3 Right of cancellation; Cancellation policy; Restriction of the right of cancellation
If the customer is a consumer, he or she has a right of cancellation in accordance with the following cancellation policy. A consumer within the meaning of Section 13 of the German Civil Code (BGB) is any natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession.
Right of cancellation
You have the right to cancel this contract within 14 days without stating any reasons.
The cancellation period is (i) fourteen days from the date on which the contract was concluded in the case of a contract for the supply of digital contents not provided on a physical medium and (ii) fourteen days from the date on which you, or a third party named by you who is not the carrier, took possession of the goods in the case of all other sales contracts.
In order to exercise your right of cancellation, you must communicate to us
LaserSoft Imaging AG
Luisenweg 6-8
24105 Kiel
Germany
Fax: +49(0)431-56009-96
Email: sales@silverfast.de
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) your decision to cancel this contract. You may use the attached sample cancellation form, but this is not mandatory.
In order to comply with the cancellation period, sending notification of the exercise of the right of cancellation before expiry of the period is sufficient.
Restriction of the right of cancellation
There is no right of cancellation in the case of contracts (i) for the supply of goods that are not prefabricated and for the manufacture of which individual selection or specification by you is decisive or that are clearly tailored to fit your personal needs and/or (ii) for the supply of computer software in sealed packaging if the seal was removed after delivery.
The right of cancellation lapses with regard to a contract for the supply of digital contents not supplied on physical medium even if we have started to perform the contract after you have expressly consented to us having begun performance before the expiry of the cancellation period and you have confirmed your knowledge of the circumstance that you lose your right of cancellation by consenting to the start of performance under the contract. In the case of a contract for software provided by us in the form of a download, we will provide you with a confirmation of adding the software to your MySilverFast account (or a serial number or a license file) used to activate the software. The software can be activated at any time with your MySilverFast account (or your serial number or your license file). Accordingly, sending the confirmation of adding the software to your MySilverFast account (or the serial number or the license file) represents the start of performance under the contract on our part. In the ordering process we therefore ask that you confirm your consent to having the confirmation of adding the software to your MySilverFast account (or the serial number or the license file) sent, and thus commencing performance of the contract, prior to the expiry of the cancellation period and that you are aware that by providing such consent you waive your right of cancellation. Accordingly, a contract for software to be provided by download cannot be cancelled after you have received the confirmation of adding the software to your MySilverFast account (or the serial number or the license file).
Effects of cancellation
If you cancel this contract, we must return all payments which we have received from you, including delivery costs (except for additional costs resulting from choosing a type of delivery other than the most favourable standard delivery offered by us), without delay and no later than fourteen days from the date of receipt of your notice of cancellation of this contract. For this refund, we will use the same means of payment which you used for the original transaction unless otherwise expressly agreed with you; we will not charge you any fees for this refund in any case. We may refuse to provide repayment until we have received the goods or until you have provided proof that you have returned the goods – whichever is the earlier.
You must send or hand over the goods to us without delay and, in any case, no later than fourteen days from the day on which you give us notice of cancellation of this contract. The period is deemed to have been complied with if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You must pay for any deterioration of the goods only if such deterioration was caused by a handling of them which is not necessary for checking the quality, features and functioning of the goods.
Sample Cancellation Form
(If you chose to cancel this contract, please complete and submit this form.)
to
LaserSoft Imaging AG
Luisenweg 6-8
24105 Kiel
Germany
Fax: +49(0)431-56009-96
Email: sales@silverfast.de
I/We (*) hereby cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/the rendering of the following services (*)
Ordered on (*)/Received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only if notice of cancellation in paper form)
Date
(*) Strike as appropriate
§ 4 Costs of return shipments when exercising the right of cancellation
If, after products to be delivered by mail have been ordered, the customer exercises the statutory right of cancellation, the customer is to bear the regular costs related to a return in cases where the goods delivered correspond with the order. Otherwise the return is free of charge for the customer. Packages, which are not prepaid, will not be accepted. In case of a return, please contact us and we will try to ensure a quick and smooth transaction. (Email: sales@silverfast.de)
§ 5 Prices and terms of payment
All prices listed in the online shop are final and include the statutory VAT. Shipping costs for products to be shipped are added as specified.
Payment is made according to the payment method chosen by the customer during the order process.
§ 6 Transfer of risk
In the case of the shipment of goods to consumers within the meaning of Section 13 BGB, LaserSoft Imaging AG bears the risk of loss or damage to the goods until delivery is made to the customer. If the customer is an entrepreneur pursuant to Section 14 BGB, the risk of accidental loss or deterioration of the goods passes to the customer upon delivery of the goods to the person designated to carry out the shipment. The goods are also deemed handed over if the customer is in default of acceptance.
§ 7 Warranty
If the customer is a consumer according to Section 13 BGB, the statutory warranty provisions apply without limitation. If the customer is an entrepreneur pursuant to Section 14 BGB, the warranty period is 1 year as of the delivery of the goods, unless LaserSoft Imaging AG fraudulently concealed a defect or, in a particular case, a particular quality of the goods was guaranteed. The goods are deemed delivered upon receipt of the serial number in the case of a software download. Entrepreneurs must notify LaserSoft Imaging AG in writing of defects within a period of two weeks as of receipt of the goods. The goods are deemed received upon receipt of the serial number in the case of a software download. Warranty claims are otherwise excluded. The entrepreneur bears the full burden of proof for all elements of the claim. LaserSoft Imaging AG must be notified of hidden defects without delay upon discovery. Defect delivery items that are suitable for shipping are, in this case, to be sent by the customer to LaserSoft Imaging AG and at the expense of LaserSoft Imaging AG. If the defect is reported wrongly, the customer is to bear the costs caused by the usual type of shipping.
§ 8 Liability
LaserSoft Imaging AG excludes its liability for any slightly negligent breach of duty, unless damages to the injury to life, limb or health, or claims under the German Product Liability Act (Produkthaftungsgesetz) are concerned. In cases of negligently caused property damage or financial loss, LaserSoft Imaging AG and its vicarious agents are only liable in the event that a significant contractual obligation is breached, limited in amount, however, to the foreseeable damage or loss typical to the contract at the time the contract is concluded. In case of damage or loss caused otherwise, LaserSoft Imaging AG is liable for intent and gross negligence, also of its vicarious agents, pursuant to the statutory provisions.
§ 9 Retention of title
Delivered goods remain the property of LaserSoft Imaging AG until payment of the full purchase price is made.
§ 10 Final provisions
If the customer is a merchant (Kaufmann), the exclusive place of jurisdiction is the competent local or regional court in Kiel, Germany. The law of the Federal Republic of Germany shall apply to the contractual relationship between the customer and LaserSoft Imaging AG, as well as to the respective business relationships. The provisions of the UN Convention on Contracts for the International Sale of Goods (CISG) do not apply. This choice of law is only applicable to a consumer where it does not result in the limitation of any mandatory statutory provisions of the country in which such consumer is domiciled or has his/her regular place of abode. Should any individual terms of these GTC be or become invalid, void or unenforceable in part or in their entirety, the validity of the remaining terms shall not be affected. Instead of the invalid provision, the applicable statutory provisions shall apply.
§ 11 Platform for out-of-court online dispute resolutions
The European Commission provides a platform for out-of-court online dispute resolutions (OS platform), which can be accessed at www.ec.europa.eu/consumers/odr. Our e-mail address registered on the OS platform is orders@silverfast.com. We participate in the dispute settlement procedure. You can find a list with the contact details of the recognized dispute resolution bodies at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.adr.show.
