Terms and Conditions
Terms and Conditions
1. Scope
These General Terms and Conditions (GTC) apply to all deliveries from Schwarzenbach Hotelsoftware to consumers.
A consumer is any natural person who concludes a legal transaction for a purpose that is predominantly neither commercial nor self-employed professional activity.
2. Contracting Party
The purchase contract is concluded with Shop Schwarzenbach Hotelsoftware, Owner: Bernd Schwarzenbach, Senserstr. 2, 82140 Olching, GERMANY
3. Conclusion of Contract
3.1. The presentation of products in the online shop does not constitute a legally binding offer, but merely an invitation to place an order.
3.2. [Buy/chargeable] By clicking the PayPal or Debit button, you place a binding order for the goods listed on the order page.
Your purchase contract is concluded when you have paid by debit or credit card or PayPal and downloaded the hotel software.
4. Right of Withdrawal
4.1. If you are a consumer (i.e. a natural person who places the order for a purpose that cannot be attributed to your commercial or self-employed professional activity), you have a right of withdrawal in accordance with the statutory provisions.
4.2. If you, as a consumer, exercise your right of withdrawal in accordance with Section 4.1, you shall bear the regular costs of returning the goods.
4.3. Furthermore, the regulations detailed in the following apply to the right of withdrawal:
Right of Withdrawal Instruction
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party designated by you, who is not the carrier, took possession of the goods.
To exercise your right of withdrawal, you must inform us [insert name of entrepreneur, address, telephone number, and email address] by means of a clear statement (e.g., a letter sent by post or an email) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, which is not mandatory, however. You can also electronically fill out and submit the sample withdrawal form or another clear declaration on our website (insert internet address). If you make use of this option, we will immediately send you a confirmation of receipt of such a withdrawal (e.g., by email).
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of Withdrawal
If you withdraw from this contract, we must reimburse you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from your choosing a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which the notification of your withdrawal from this contract has reached us. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this repayment. We can refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us or to (here, if applicable, the name and address of the person authorized by you to receive the goods are to be inserted) without undue delay and in any case no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the fourteen-day period.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the quality, characteristics, and functioning of the goods.
– End of Right of Withdrawal Instruction –
5. Prices and Shipping Costs
5.1. The prices stated on the product pages include the statutory value-added tax and other price components.
6. Delivery
6.1. Delivery is by download.
7. Payment
7.1. Payment can be made either in advance or by cash on delivery.
7.2. If you choose the payment method in advance, we will provide you with our bank details in the order confirmation and deliver the goods after receipt of payment.
8. Retention of Title
The goods remain our property until full payment has been received.
9. Warranty for Material Defects
Shop Schwarzenbach Hotelsoftware is liable for material defects in accordance with the applicable legal provisions, in particular §§ 434 et seq. of the German Civil Code (Bürgerliches Gesetzbuch).
10. Dispute Resolution
The EU Commission has created an internet platform for the online resolution of disputes. The platform serves as a contact point for the out-of-court resolution of disputes concerning contractual obligations arising from online purchase contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are obliged to participate in a dispute resolution procedure before a consumer arbitration board for the resolution of disputes with consumers (indication of the legal norm or the contractual agreement). The responsible consumer arbitration board is: Universalschlichtungsstelle des Bundes Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de. We will participate in a dispute resolution procedure before this body for the resolution of the aforementioned disputes.
Alternatively: The EU Commission has created an internet platform for the online resolution of disputes. The platform serves as a contact point for the out-of-court resolution of disputes concerning contractual obligations arising from online purchase contracts. Further information is available at the following link: http://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
11 Place of Performance and Other Provisions
Unless otherwise stated in the order confirmation, our business domicile is the place of performance.