General Terms and Conditions (GTC)
Enwikuna UG (limited liability)
hereinafter referred to as provider
§ 1 Scope of application, definitions
- The following GTC shall apply exclusively to the business relationship between the provider and the customer. Deviating general terms and conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing.
- The services of the provider are aimed equally at consumers and entrepreneurs. For the purposes of these GTC, (i) a consumer is any natural person who enters into the contract for a purpose that can be attributed neither to his commercial nor to his independent professional activity (Section 13 of the German Civil Code – BGB) and (ii) an entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into the contract, acts in the exercise of his commercial or self-employed professional activity (Section 14 (1) BGB). Both parties are referred to as the customer.
- The customer area on the website of the provider is accessible by logging in with the username chosen by the customer during the order process or his e-mail address and his personal password.
- A product within the meaning of these GTC includes all prefabricated digital products offered via agency.enwikuna.de. This includes in particular the software based on the WordPress content management system and offered by the provider in source code version.
- Updates in the sense of these GTC are updates of the products.
- Documentation within the meaning of these GTC includes the installation and usage instructions for the products and updates of the provider.
- Services are the support and update services for products and performance results offered by the provider.
- Contracts with the customer are concluded in German or English.
§ 2 Conclusion of contract
- The presentation of products and services on the website of the provider is an invitation to submit offers.
- After selecting the products and services, the customer is prompted to enter his personal and payment data. The customer only makes a binding offer to conclude a contract by clicking the Buy now button. The customer is bound to this offer for 3 working days.
- The offer refers to the product(s) and services that can be seen in the Orders overview before submitting the binding offer. The services of the provider depend on the selection of the desired product and services. Details result from the presentation on the website.
- The provider confirms the receipt of the customer’s offer to the customer by e-mail. With this e-mail, the provider accepts the customer’s offer and the contract between the provider and the customer is concluded. The e-mail reflects the essential content of the order. The obligations of the customer shall be determined in accordance with § 5 of these GTC.
- The order text is not stored by the provider and can no longer be retrieved after the order process has been completed.
- The contract term specified in the order process applies. The customer may choose between cancellation at the end of the initial term or automatic renewal until cancellation.
§ 3 Download, granting of rights
- The products and updates are made available on the provider’s website in the customer area via download from German servers. The download includes a compressed file containing the corresponding source code of the product in common file formats (.php, .html, .js, .svg, .css) for implementation in websites using WordPress software. The number of downloads is not limited.
- The provider grants access to the download or update of a product only after the full purchase price has been received. After receipt of payment, the download will be made available immediately. For payments via PayPal, access to the corresponding downloads will be activated after PayPal has confirmed receipt of the payment. In case of payment via bank transfer, the download will be unlocked after the invoice amount has been received on the provider’s bank account.
- The products and updates are licensed under the GNU General Public License, Version 3 of June 29, 2007 (GPLv3).
- To the extent that the products, the documentation, and the performance results are protected by copyright or other rights, the provider grants the customer an irrevocable, non-exclusive, worldwide right of use limited in time to the term of the contract. The right of use is not transferable and not sub-licensable. The customer may also not redistribute, make publicly available and edit the documentation and performance results without the consent of the provider. The customer undertakes to truthfully and completely indicate (if available) references to authorship, copyright and similar rights when using the performance results. The right to use the products and updates under the GPLv3 remains expressly unaffected by the above restrictions on use.
§ 4 Services
- The purchase of a product also entitles the customer to use services from the date of receipt of his payment. The duration of the services (service period) is determined by the package purchased by the customer or the term of the license. The customer can use the services of the provider only personally.
- As part of the services, the customer has the option to receive support for products via e-mail during business hours.
- The provider provides updates to the customer within the service period. The provider is constantly working on improving the products, but only publishes an update if he is convinced of the necessity and quality. The update is offered to the customer via the customer area and via the Enwikuna Helper plugin.
- The provider additionally provides the customer with a service for the initial setup or individual adjustments to the customer’s system. These are billed externally via a quote and are not related to Enwikuna Agency.
§ 5 Customer obligations and payment
After acceptance of the customer’s offer by the provider, the customer is obliged to pay the agreed purchase price. This must be done immediately, but no later than 7 days after acceptance of the offer. The purchase price is considered paid upon receipt of payment on the account of the provider. Payment can be made via PayPal or bank transfer.
§ 6 Privacy
§ 7 Right of cancellation / Money-back guarantee
- Customers generally have a statutory right of cancellation when concluding a distance selling transaction. In the case of digital products, however, the right of cancellation shall expire up-on commencement of performance of the contract if the customer has expressly agreed that the provider shall commence performance of the contract prior to the expiry of the cancellation period and the customer has confirmed his knowledge that by giving his consent he shall lose his right of cancellation upon commencement of performance of the contract.
- If the provider grants a money-back guarantee for individual products, this is subject to the provision that the customer provides detailed information on the reasons for the return and that there are no grounds for suspicion that the customer intended to use the product only temporarily from the outset and to make use of his right of cancellation.
§ 8 Final provisions
- Contracts between the provider and the customers shall be governed by the laws of the Federal Republic of Germany, excluding the UN convention on contracts for the International sale of goods. The statutory provisions on the restriction of the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence, shall remain unaffected.
- If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.