License Terms and Conditions
§ 1 Validity of Terms and Conditions
All transactions with Sachform Technology are exclusively subject to the following terms and conditions. Differing terms and conditions of the customer shall only be enforceable when signed by Sachform Technology .
Sachform Technology may change or extend these terms and conditions including all potential appendices at any time with a reasonable period of notice. Prior orders remain subject to the terms and conditions valid at this point of time.
§ 2 Conclusion
(1) All data and images on web sites, brochures, adverts, catalogues or similar products are without obligation. Agreements with our employees made orally, via phone, or telex shall only be enforceable and binding when signed by Sachform Technology . Slight differences and technical changes of our images and descriptions might appear. The latest catalogue supersedes all prior versions.
(2) Submitting an order by the buyer equals an offer to concluding a contract. A contract between Sachform Technology and the buyer shall only be concluded with expressive confirmation by Sachform Technology or with start of performance or supply by Sachform Technology .
(3) All delivered goods remain exclusive property of Sachform Technology until completely paid.
§ 3 Prices and Terms of Payment
(1) All prices are end user prices in Euro exclusive packing and postage. All said prices include German legal VAT. This shop is also available for international customers. Only German Euro prices include legal VAT.
(2) Deliveries into Switzerland and other non-EC countries: you only pay the net price in Euro without German VAT. Potential import customs duties or taxes have to be covered by you.
(3) Customers in Germany are delivered per invoice (not at first order, check-up reserved), against prepayment per bank transfer, cash on delivery or Paypal. You can also agree to a payment made by direct debit. Non-German customers at first order are delivered against prepayment per bank transfer.
(4) The amount invoiced is to be paid within 10 days after receiving the goods. In case of having not received your payment within 10 days after date of invoice you receive the first dunning letter as a reminder. After the second dunning letter we initiate legal dunning proceedings resulting in additional costs for you.
(5) Partly deliveries and performances reasonable to the buyer are allowed. Each partly delivery and performance reasonable to the buyer equals an autonomous delivery and performance in this case.
(6) The goods are delivered by an in Germany common and accepted logistic company or a parcel service (e.g. Deutsche Post AG). Shipping costs will be charged to the purchaser. The shipping costs to foreign countries depend on the parcel?s tare and the respective country. Pickup (after notification) or delivery to a destination other as invoice address are also possible. Special shipments desired by the customer (e.g. express shipment) are charged with additional fees customary to a place. Inner-German subsequent deliveries are free of charge generally.
(8) Should the buyer default, the seller is entitled to reject all deliveries to the buyer including those resulting from other contracts.
§ 4 Delivery Time
Delivery dates shall only be enforceable with written notification. Delivery time will be prolonged accordingly in case of provisions within the framework of legal and official directives (e.g. import or export restrictions) or force majeure. Generally, stock goods are shipped within two working days. If the goods are not in stock when ordered we endeavor to deliver as soon as possible. We are not liable for transport problems of the logistic company. § 5 Liability
(1) Buyer agrees to hold harmless Sachform Technology from rights from recourse agreements and claims for indemnity and to indemnify for such damages and liabilities resulting in any form from using the goods, especially in case of violation against above mentioned conditions by negligence, disregarding the duty of care or by premeditative misusage.
(2) Further claims for indemnity are excluded as far as Sachform Technology does not act premeditatively or grossly negligent. § 6 Warranty
(1) In case of defect buyer has to notify us without delay. Is a return consignment necessary buyer has to send the reclaimed goods post paid together with a copy of the invoice. Warranty expires should the customer change the goods delivered.
(2) A partly or complete exchange of the goods is acceptable.
(3) Sachform Technology is only liable for defects provably resulting from delivery, fabrication or material defects. We expressively indicate the danger of loss of data by programming defects and viruses as well as the necessity to save data. Defects shall only be considered as accepted when confirmed in writing by Sachform Technology . Has Sachform Technology accepted the defect we can choose either subsequent improvement or subsequent delivery of the goods.
(4) The warranty claims are valid for customers of Sachform Technology only and are not transferable. Agreements with our employees made orally, per phone, or per telex regarding the retraction of goods shall be enforceable and valid only with written confirmation by Sachform Technology . All shipments to Sachform Technology are to be free delivery.
(5) With shipment of the goods by Sachform Technology the risk shall be transferred to the buyer.
§ 7 Place of Jurisdiction
Place of jurisdiction for all present and future claims from business relations with Sachform Technology is exclusively Eberbach (Germany). The same place of jurisdiction applies, if the buyer does not have a general place of jurisdiction in Germany, if after conclusion of the contract the buyer shifted his/her domicile or usual place of residence out of Germany, or if his/her domicile or usual place of residence when filing an action is unknown.
§ 8 Law to Apply
For all business relations with Sachform Technology the law of the Federal Republic of Germany applies exclusively. Any other national law as well as the international purchase law is excluded.
§ 9 Right of Withdrawal and Return
(2) In case of an effective withdrawal the received performances and considerations shall be re-transferred, and potential usages (e.g. interests)
§ 10 Data Protection
(1) In accordance with § 28 of the German Federal Law for Data Protection (BDSG) we make attentive to the fact that data necessary to business deals are processed and stored by means of an EDP system in accordance with § 33 (BDSG). Personal data are treated confidentially.
(2) Sachform Technology processes buyers? data exclusively to the completion of the order and the care of the current customer relations. Supporters or banks involved receive customer data only if and as far as it is necessary for the completion of the order. A passing on of address data of the buyer to other enterprises is excluded. Sachform Technology treats all buyer data strictly confidentially.
§ 11 About Us
Web shop of Sachform Technology
D-69412 Eberbach, Germany
Phone: +49 (0) 6271 9474550
VAT: DE 232 436 682
§ 12 Disclaimer
(1) Sachform Technology created the content of these sites with utmost care. Anyway, we cannot be liable for correctness, completeness, and up-to-dateness.
(2) Our sites contain links to websites of other owners whose design and contents we have no bearing on. For this reason we are not reliable for these contents by others. The respective owner of linked sites is reliable for them. When linking the sites we checked them on potential infringements. An ongoing check of linked sites without concrete indications is not reasonable, anyway. We will remove links immediately as soon as we get to know of infringements on these sites.
§ 13 Electronic Software Delivery (ESD)
(1) Digital media files are any textures, 3D-models, pictures, animations, movie clips, programs, videos, audio files, or other digital or visual records and/or depictions of any kind which a buyer acquires from Sachform Technology , or which a user (direct or indirect) attains by Sachform Technology .
(2) Acquires the buyer the product or the ?digital media file? by means of Electronic Software Delivery (ESD) the seller enables him/her to download the bought product or the ?digital media file? from the server of the seller to his/her computer. This enablement may be limited by the seller to a reasonable period of time. A reasonable period of time is defined as 8 days.
(1) All copyrights for the digital media file(s) are held by Sachform Technology or its licensees, and are protected by German copyright laws, international copyright laws and agreements, and other relevant laws. No copyright/copyrights or immaterial rights on property are transferred to the buyer. Sachform Technology remains the owner of all rights that are not expressively granted to the buyer by this agreement.
(2) Any publications on these sites are subject to German copyright law as well. Any duplication, processing, spreading and any kind of utilization require the written agreement of Sachform Technology and/or the author marked there.
(3) The digital media file(s) may be used without restrictions in derived works such as animations, illustrations, film, video, television, multimedia, advertisement, live performances, Internet, presentations, product or print orders (DVD, entertainment and training videos, music videos, computer games, etc.) without additional fees and under the following exclusions.
Restrictions of use are the following:
(a) No digital media file(s) can - as a whole or in excerpts - be separately published, marketed, distributed, sold or sub-licensed.
(b) No digital media file(s) can be used as part of computer graphics, animations, software applications, or other derived works, if the digital media file(s) ? as a whole or in excerpts ? are published, marketed, distributed, sold, or sub-licensed in a way that any part of the original digital media file(s) can be exported, extracted, or decompiled into a re-sellable format.
(c) No digital media file(s) ? as a whole or in excerpts ? may be separately published, marketed, distributed, transferred, sold, or sub-licensed as ?clip-art? or a similar format. This includes animations, pictures and similar things which are sub-licensed or distributed in any other way by a special agency or a special reseller of such visual and auditive media whose main value is based on making available formats similar to ?clip-arts?.
(4) The digital media file(s) can be modified at each given time only on one computer, or be used in an unmodified way. Buyer is not entitled to let, lease, sell, or sub-license digital media file(s) to other persons, companies, or corporations. Everything created by using digital media file(s) must be for your own use, or the use of the employer, client or customer, who is the end user of your work.
If the digital media file(s) is used on a network and thus might potentially be used by several users, then you have to acquire a multi-place license by Technology .
(5) For special or extraordinary projects you may acquire special licenses from Sachform Technology by which you attain rights further than the ones mentioned above.
§ 15 Special Limitations
The digital media file(s) can under no circumstances be used in connection with pornographic, defamatory, obscene, detractive, fraudulent, hurting, immoral or illegal applications. Buyer and/or user are fully reliable for any legal consequences resulting from such usage.