Terms and Conditions

Standard Terms and Conditions of Business of REQTEAM (software download)

 

§ 1  Scope of Application

  1. These Standard Terms and Conditions of Business apply to the sale of software by download through REQTEAM GmbH (referred to below as "Reqteam") on the website www.reqteam.com.
  2. The German statutory provisions relating to the sale of goods shall apply to supplement these Standard Terms and Conditions of Business.

 

§ 2  Conclusion of the Contract

  1. By submitting his order, the customer makes a binding offer to purchase software by download.
  2. Reqteam accepts the customer’s offer by transmitting a download link. If the software requested by the customer is unavailable, Reqteam will inform the customer and immediately refund any payments which have already been made.
  3. The order confirmation sent by Reqteam does not represent an acceptance of the customer’s offer, but merely confirms receipt of the customer’s order and its contents.

 

§ 3  Subject Matter of the Contract and Scope of the Services to be provided

  1. The subject matter of the contract is the delivery of software by the provision of a download link and the grant of rights of use pursuant to § 4.
  2. Before the conclusion of the contract, the customer must check whether the software specification complies with his needs and requirements. The essential functional characteristics and requirements of the software are described on the product details page.

 

§ Customer’s rights in the software

  1. Upon full payment of the purchase price, Reqteam shall grant to the customer the rights contained in the software licence provisions, which shall at least comprise the simple irrevocable right, which cannot be sub-licensed, to save the software on a data storage medium and to run it by loading it into the working memory.
  2. It is prohibited to pass on the software to third parties (for example via a peer-to-peer network), or to make it available, upload or otherwise distribute it and/or support such activities. The customer may only pass on the software, including the licence key, to third parties if this is permitted by the terms and conditions of the software licence and then only in accordance with the licence conditions contained in those terms and conditions.
  3. By selecting the text field "back-up copy" (if this is offered as an option), the customer shall receive a CD back-up copy of the software purchased. The terms and conditions of the software licence also apply to this copy.

 

§ 5 Remuneration, Payment

  1. Payment for the software shall be made by the payment methods (including credit card), offered during the course of the order process. If it is necessary to provide customer information to third parties (e.g. credit card companies and other payment providers), the customer expressly agrees to the transmission of data for this purpose. Further information about this is provided in our data protection policy.
  2. The statutory VAT must be paid in addition to all prices stated.

 

§ 6  Right of Cancellation

The customer can cancel his order at any time before the product is delivered. Delivery shall be deemed to have been made as soon as the customer has received the download link and activation key through the website or via the email confirmation, as the items are not suitable for return due to their nature. The same shall apply in relation to back-up CDs from the commencement of their production.

 

§ 7  Liability

  1. Reqteam shall have no liability for losses caused by the incompatibility of the software with the customer’s existing software or hardware.
  2. Excluding in the event of the death, personal injury or damage to the health of any person, Reqteam shall only be responsible for intention and gross negligence, as well as the breach of fundamental contractual duties. Fundamental contractual duties are duties which must be fulfilled in order to achieve the aim of the contract, and upon the fulfillment of which the contracting parties may usually rely.
  3. In the event of the breach of a fundamental contractual duty by (simple) negligence, Reqteam shall only be liable for foreseeable losses which are typical for the relevant type of contract unless the rights to compensation arise in relation to death, personal injury or damage to health.

§ 8  Other provisions

The law of the Federal Republic of Germany (excluding the provisions of the UN Convention on the International Sale of Goods) shall apply. If the customer is a business person within the meaning of §14 of the German Civil Code (§ 14 BGB), Munich shall be the place of performance and the courts of Munich shall have jurisdiction over all disputes arising out of and in connection with this contract.

 

 

01.04.2014