General Terms and Conditions

1. General Information, Scope

1.1 These General Terms and Conditions of feetinform GmbH (FEETINFORM) form the basis for all business relationships between FEETINFORM and the customer (CUSTOMER).

1.2 In addition to these General Terms and Conditions, the license terms accompanying the products shall always apply, unless deviations have been agreed upon in individual contracts.

1.3 FEETINFORM does not recognize any deviating terms and conditions of the CUSTOMER unless FEETINFORM expressly agrees to their validity. 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 based on the individual agreement made in this respect or the statutory provisions.

1.4 All other agreements on deliveries and services made between FEETINFORM and the customer must be set out in writing in the relevant contract and any supplementary agreements. This applies in particular to services provided under service contracts or contracts for work and services.

2. Conclusion of contract

2.1 All information provided by FEETINFORM about products and services in brochures, advertisements, catalogs, on websites, and the like is non-binding; prices are subject to change due to changes in customs duties, import and export fees, exchange rates, and sales tax.

2.2 The CUSTOMER is obliged to carefully check the accuracy and suitability of FEETINFORM’s range of goods and services before concluding the contract. Liability for unsuitable and incorrect orders is excluded.

2.3 By ordering goods or services, the CUSTOMER makes a binding purchase offer. The offer can be accepted by FEETINFORM within 5 working days of receipt of the order by FEETINFORM.

2.4 The contract is concluded upon acceptance of the purchase offer by FEETINFORM by telephone, fax, email, or delivery of the order.

2.5 The copyright, patent rights, trademark rights, and all other ancillary copyrights to the software and other items that FEETINFORM provides and makes available to the customer in the course of contract initiation and execution are the sole property of FEETINFORM. Software and the other items mentioned above may not be made accessible to third parties or used by the CUSTOMER for themselves or for third parties without the prior written consent of FEETINFORM. Without prejudice to further rights, FEETINFORM reserves the right to claim damages.

3. Right of revocation/return for customers who are not consumers

3.1 Unless the customer is a consumer within the meaning of §13 BGB (German Civil Code), they are generally not entitled to a contractually agreed right of revocation/return. Agreements to the contrary shall only apply in cases where FEETINFORM has expressly granted a right of return in writing in an individual contract. There is no entitlement to the granting of a right of return. Returns of goods without prior agreement of a right of return will be rejected without exception.

3.2 If the customer is granted a right of return, this only applies to goods that have already been paid for.

3.3 Excluded from any right of return are goods that are individually manufactured, configured, customized, processed, promotional, clearance, designated as discontinued, discontinued, or otherwise deviate from the current series standard.

3.4 The right of return expires no later than 2 weeks after receipt of the goods and can only be exercised effectively by returning the goods within the specified period; the date of receipt of the goods by FEETINFORM is decisive.

3.5 For software: in its original packaging and unopened, including data carriers and documentation.

3.6 The return shipment is at the expense and risk of the CUSTOMER.

3.7 Partial returns of deliveries require a separate agreement.

3.8 The statutory provisions apply to consumers.

4. Delivery

4.1 Unless otherwise agreed, delivery shall be made from the FEETINFORM warehouse to the delivery address specified by the CUSTOMER.

4.2 Packaging and shipping costs shall be charged to the CUSTOMER.

4.3 Partial deliveries and partial services and corresponding partial invoices are permissible if they are reasonable for the CUSTOMER.

4.4 The transport risk shall pass to the CUSTOMER as soon as the subject matter of the contract has been handed over to the person performing the transport.

5. Prices, terms of payment

5.1 All prices are in EURO ex FEETINFORM plus shipping, insurance, and packaging costs, as well as the sales tax applicable at the time of delivery, including original packaging.

5.2 The prices stated in the order confirmation are decisive.

5.4 If the CUSTOMER is in default of payment, FEETINFORM is entitled to charge default interest at a rate of 5 percentage points above the base rate p.a. announced by the European Central Bank.

5.5 If FEETINFORM is able to prove higher damages caused by default, it shall be entitled to claim these.

5.6 In the event of default of payment by the CUSTOMER, FEETINFORM may demand payment of all claims arising from an ongoing business relationship.

5.7 The CUSTOMER shall have no right of retention unless it is based on the same contractual relationship. The CUSTOMER shall only be entitled to offset claims if its counterclaims are not disputed by FEETINFORM or have been legally established.

5.8 Any assignment of claims by the CUSTOMER against FEETINFORM, including any warranty claims, is excluded.

5.9 The agreed delivery time shall be extended appropriately in the event of measures taken in the context of work stoppages (strikes/lockouts), statutory or official orders (import/export restrictions), force majeure, or necessary but inadequate or missing cooperation on the part of the customer. The CUSTOMER has the right to withdraw from the purchase after setting a reasonable grace period in the event of default by FEETINFORM. Further claims for damages in this regard are excluded, unless FEETINFORM is guilty of intent or gross negligence.

6. Retention of title

6.1 The delivered goods remain the property of FEETINFORM until all claims have been paid in full.

6.2 In the event of seizures or other interventions by third parties, the CUSTOMER must notify FEETINFORM immediately in writing.

6.3 In the event of culpable breach of contract by the CUSTOMER, in particular in the event of default in payment, FEETINFORM shall be entitled to withdraw from the contract and take back the subject matter of the contract, as well as to claim damages for default and reduction.

7. Rights of use

7.1 The delivery includes the program package and, if provided, electronic or printed documentation. The documentation and program are protected by copyright.

7.2 Agreements on rights of use are included with 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. Liability/Warranty

8.1 If the purchased item is defective, the CUSTOMER may demand subsequent performance (rectification of defects or replacement delivery). If the subsequent performance fails, the CUSTOMER may withdraw from the contract in the event of a significant defect, reduce the purchase price, or claim damages.

8.3 The CUSTOMER is aware that software manufacturers regularly provide updates, patches, and hotfixes for free download, which fix already known problems. The customer is responsible for installation. FEETINFORM therefore accepts no liability or warranty for damage or defects resulting from these already known and fixable problems.

8.4 FEETINFORM also uses state-of-the-art technologies as copy protection mechanisms. These include, for example, copy-protected CDs, product activation keys, anonymous online product activation, and the like. The lack of usability of CDs and programs due to copy protection does not constitute a defect.

8.5 Unless otherwise specified below, further claims by the CUSTOMER—regardless of their legal basis—are excluded. FEETINFORM is therefore not liable for damage that has not occurred to the delivery item itself; in particular, FEETINFORM is not liable for lost profits or other financial losses incurred by the CUSTOMER. Insofar as FEETINFORM’s liability is excluded or limited, this also applies to the personal liability of employees, representatives, and vicarious agents.

8.6 The above limitation of liability does not apply if the cause of the damage is based on intent or gross negligence or if personal injury has occurred. Furthermore, it does not apply if the CUSTOMER asserts claims under Sections 1 and 4 of the Product Liability Act.

8.7 If FEETINFORM negligently breaches an essential contractual obligation, the obligation to pay compensation for property damage shall be limited to the damage typically incurred.

8.8 If subsequent performance takes the form of a replacement delivery, the CUSTOMER is obliged to return the goods originally delivered to FEETINFORM within 7 days. If the goods are not received by FEETINFORM within this period, FEETINFORM is entitled to invoice the purchase price for the replacement product and to debit the amount from the payment method specified for payment.

8.9 The limitation period is 12 months from delivery. The warranty period is one year from delivery of the goods.

9. Final provisions

9.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.

9.2 The place of jurisdiction is Karlsruhe.