Terms & Conditions
1 General, Scope of Application
1.1 These General Terms and Conditions of Rillsoft GmbH form the basis for all business relations between Rillsoft GmbH and the Customer (CUSTOMER).
1.2 In addition to these General Terms and Conditions, the license terms enclosed with the products shall always apply, unless deviations have been agreed in individual contracts.
1.3 Rillsoft GmbH does not recognize any deviating terms and conditions of the CUSTOMER unless Rillsoft GmbH expressly agrees to their applicability. Otherwise, in the event of conflicting clauses, their common minimum shall apply. If this cannot be determined, these clauses shall not become part of the contract. The content of the contract shall then be governed by the individual agreement made in this respect or by the statutory provisions.
1.4 All further agreements on deliveries and services made between Rillsoft GmbH and the Customer shall be set out in writing in the relevant contract and any supplementary agreements. This shall apply in particular to performance under a contract for services or work and materials. Rillsoft GmbH offers customers a time recording system and related services (support, updates, maintenance) on its website www.rillsoft.de. The system is accessible via the Internet. The system is made accessible via the Internet. Internet access, which is required for the use of the system, is not part of the Provider’s services. The customer accepts these terms and conditions as soon as he creates an account via the registration form.
2 Conclusion of Contract
2.1 All information provided by Rillsoft GmbH about products and services on Internet web pages, in brochures, advertisements, catalogs, etc. is non-binding. Prices are subject to change due to changes in customs duties, import and export charges, as well as foreign exchange rates and value added tax.
2.2 The CUSTOMER is obliged to carefully check Rillsoft’s offer of goods and services for correctness and expediency prior to conclusion of the contract. This shall apply in particular to project offers/tenders which are based on assumptions designated as such for the purpose of calculation and performance description. If such assumptions do not apply, the CUSTOMER shall inform Rillsoft GmbH thereof without undue delay after placing the order, so that Rillsoft GmbH has the opportunity to review the order prior to its execution. Any liability for inappropriate and incorrect orders shall be excluded.
2.3 By placing an order for goods or services, the CUSTOMER submits a binding offer to purchase. The offer may be accepted by Rillsoft GmbH within 5 working days after receipt of the order by Rillsoft GmbH.
2.4 The contract shall be concluded upon Rillsoft GmbH’s acceptance of the purchase offer by telephone, fax, e-mail or by delivery of the order.
2.5 The Software shall be delivered by download and by sending an activation key by e-mail. User instructions and/or documentation are available for download on the product page.
2.6 Rillsoft GmbH is a licensee of Rillsoft GmbH Software House and is entitled to grant sublicenses within the scope of the respective valid license agreement. Rillsoft GmbH Software House is solely entitled to the copyright, patent rights, trademark rights and all other ancillary copyrights to the Software and other items which Rillsoft GmbH provides to the Customer and makes available to the Customer in the course of initiating and performing the contract. Software and the above-mentioned other items may not be made accessible to third parties or exploited by the CUSTOMER for himself or for third parties without the prior written consent of Rillsoft GmbH. Notwithstanding any other rights, Rillsoft GmbH reserves the right to claim damages.
3. revocation/right of return for customers who are not consumers
3.1 Unless the Customer is a consumer within the meaning of §13 of the German Civil Code (BGB), the Customer shall not be entitled to any contractually agreed right of revocation/right of return. Agreements to the contrary shall only apply in cases where Rillsoft GmbH has expressly granted a right of return in writing in an individual contract. There shall be no claim to the granting of a right of return. Goods returned without prior agreement of a right of return shall be rejected without exception.
3.2 If the customer is granted a right of return, this shall only apply to goods that have already been paid for.
3.3 Excluded from any right of return are individually manufactured, configured, customized, processed, special offer, clearance sale, discontinued goods designated as such, or other goods deviating from the current series standard.
3.4 The right of return shall expire no later than 2 weeks after receipt of the goods and can be effectively exercised only by returning the goods in due time; the date of receipt of the goods by Rillsoft GmbH shall be decisive.
3.5 There is no right of revocation or return for delivered activation keys. The Software may be tested for usability in advance as a demo version.
4.1 Unless otherwise agreed, delivery shall be made exclusively electronically by providing links for downloading the software and activation keys.
5. Prices, terms of payment
5.1 All prices are quoted in EURO ex Rillsoft GmbH plus the value-added tax applicable at the time of delivery.
5.2 The prices in the order confirmation shall apply.
5.3 Unless otherwise stipulated in the respective contract, the price for deliveries and services shall be due for payment without deduction two weeks after receipt of the delivery or service and receipt of the invoice. After expiry of these two weeks, the CUSTOMER shall automatically be in default without the need for a reminder. Rillsoft GmbH reserves the right to make a claim due for payment immediately and to demand advance payment.
5.4 If the CUSTOMER is in default of payment, Rillsoft GmbH shall be entitled to charge default interest in the amount of 5 percentage points above the base interest rate p.a. as published by the European Central Bank.
5.5 If Rillsoft GmbH is able to prove higher damages caused by default, it shall be entitled to claim such damages.
5.6 In the event of the CUSTOMER’s default in payment, Rillsoft GmbH may declare all claims arising from an ongoing business relationship due and payable.
5.7 The CUSTOMER’s right of retention shall be excluded, unless it is based on the same contractual relationship. The CUSTOMER shall have a right of set-off only if his counterclaims are not disputed by Rillsoft GmbH or have been finally determined by a court of law.
5.8 Assignment of the CUSTOMER’s claims against Rillsoft GmbH, including any warranty claims, shall be excluded.
5.9 The agreed delivery time shall be reasonably extended in the event of measures within the scope of work stoppages (strike/lockout), statutory or official orders (import/export restrictions), force majeure or in the event of necessary but insufficient or missing cooperation of the CUSTOMER. In the event of default by Rillsoft GmbH, the CUSTOMER shall have the right to withdraw from the purchase after granting a reasonable grace period. Further claims for damages in this respect are excluded, unless Rillsoft GmbH is guilty of intent or gross negligence.
6. Retention of title
6.1 The delivered goods shall remain the property of Rillsoft GmbH until full payment of all claims.
6.2 In the event of seizure or other interventions by third parties, the CUSTOMER shall immediately notify Rillsoft GmbH in writing.
6.3 In the event of culpable conduct on the part of the CUSTOMER in breach of contract, in particular in the event of default in payment, Rillsoft GmbH shall be entitled to rescind the contract and to take back the subject matter of the contract as well as to claim damages for default.
7. Rights of use
7.1 The delivery includes the program package and - if delivered - electronic documentation. Documentation and program are protected by copyright.
7.2 Agreements on rights of use are attached to the delivered programs in the form of an EULA (End User License Agreement) or are regulated in writing in the form of a separate license agreement.
8.1 If there is a defect in the purchased item, the CUSTOMER may demand subsequent performance (remedy of the defect or replacement delivery). If the supplementary performance fails, the CUSTOMER may withdraw from the contract in case of a not insignificant defect, reduce the purchase price or claim damages.
8.2 In the case of free downloads, any liability and warranty shall be excluded.
8.3 The CUSTOMER is aware that software manufacturers regularly provide updates, patches and hotfixes for free download, which correct already known problems. The CUSTOMER is responsible for the installation. Rillsoft GmbH therefore assumes no liability or warranty for damages or defects resulting from these already known and fixable problems.
8.4 Rillsoft GmbH also uses technologies that are continuously kept up to date as copy protection mechanisms. These include, for example, copy-protected CDs, product activation keys, anonymous online product activation, etc. The lack of usability of CDs and programs due to copy protection shall not constitute a defect.
8.5 Unless otherwise stated below, any further claims of the CUSTOMER - irrespective of the legal grounds - are excluded. Therefore, Rillsoft GmbH shall not be liable for any damage not caused to the delivered item itself; in particular, Rillsoft GmbH shall not be liable for loss of profit or for any other financial loss suffered by the CUSTOMER. To the extent that Rillsoft GmbH’s liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
8.6 The above limitation of liability shall not apply if the cause of damage is based on intent or gross negligence or if personal injury is involved. Furthermore, it shall not apply if the CUSTOMER asserts claims under §§ 1, 4 of the Product Liability Act.
8.7 If Rillsoft GmbH negligently breaches a material contractual obligation, the obligation to pay compensation for damage to property shall be limited to the typically occurring damage.
8.8 If subsequent performance is effected by way of a replacement delivery, the CUSTOMER shall be obliged to return the goods first delivered to Rillsoft GmbH within 7 days. If the goods are not received by Rillsoft GmbH within this period, Rillsoft GmbH shall be entitled to invoice the purchase price for the replacement product and to debit the amount from the means of payment designated for payment.
8.9 The limitation period shall be twenty-four months, calculated from the date of delivery.
9. Processing of personal data
9.1 Rillsoft GmbH processes the personal data of its Customers exclusively for the purpose of establishing the contractual relationship and its termination, for order fulfillment (execution of the delivery of goods and services as well as their invoicing, also for the invoicing of the use of any chargeable services). Rillsoft GmbH otherwise uses the personal data of its customers only for the purposes permitted by law or for which the customers have given their consent.
10. final provisions
10.1 German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
10.2 The place of jurisdiction, insofar as the customer is a merchant, is Leonberg.