Deutsch 
English § 1 General Provisions, Scope of Terms and Conditions
1.1 All our deliveries and services are provided exclusively on the basis of the following General Terms and Conditions in their version valid at the time of ordering. Unless expressly agreed in writing, deviating terms and conditions do not apply.
1.2 Customers within the meaning of these terms and conditions are both consumers and entrepreneurs. Consumers within the meaning of the terms and conditions are natural persons who conclude contracts for purposes that can neither be attributed to their commercial nor their independent professional activity. Entrepreneurs within the meaning of the terms and conditions are natural or legal persons or partnerships with legal capacity who, when concluding a contract with us, act in the exercise of their commercial or independent professional activity.
§ 2 Contract Formation, Conclusion of Contract
2.1 With your order, you make a binding offer to us to conclude the contract with you. We can accept this offer by sending you an order confirmation by email within 24 hours of receiving your order. The contract is concluded upon sending this order confirmation.
2.2 You can obtain comprehensive information about the desired product in the respective article description. You can purchase our products by clicking "order" in the respective article description. This adds the article to the shopping cart. In the shopping cart itself, you can view the articles again and change the order quantity or delete individual articles.
In the ordering process itself, you first enter your address data if you are not yet a customer with us. As an existing customer, you log in via the customer login. During the ordering process, you accept our General Terms and Conditions. You can correct input errors by navigating backward in the browser or canceling the ordering process and starting over. To complete the purchase, you must press the [Buy Now] button. This sends the order to us. We will then send you an order confirmation by email, through which the contract is concluded.
2.3 For orders in our online shop, the contract is concluded with:
Pro-Tech IT Solutions
Freisingerstr. 6
39038 Innichen/Italy
Managing Director: Kahn Markus
Email:
VAT ID: IT0267400211
§ 3 Storage of Contract Text
We store your order and the entered order data. We send you an order confirmation by email with all order data. You also have the option to print out the General Terms and Conditions before sending the order to us. Finally, you have access to your placed orders at any time via your customer account.
§ 4 Right of Withdrawal
4.1 As a consumer, you have a right of withdrawal under the following conditions:
Right of Withdrawal
You can revoke your contractual declaration within one month without giving reasons in text form (e.g., letter, fax, email) or - if the item is handed over to you before the deadline expires - by returning the item. The deadline begins after receipt of this instruction in text form, but not before receipt of the goods by the recipient (but not before conclusion of the contract in the case of provision of services) and also not before fulfillment of our information obligations according to § 312c para. 2 German Civil Code (BGB) in conjunction with § 1 para. 1, 2 and 4 BGB-InfoV as well as our obligations according to § 312e para. 1 sentence 1 BGB in conjunction with § 3 BGB-InfoV. To comply with the withdrawal deadline, it is sufficient to send the withdrawal or the item in due time. The withdrawal must be addressed to:
Pro-Tech IT Solutions
Freisingerstr. 6
39038 Innichen/Italy
Email:
Consequences of Withdrawal
In the case of an effective withdrawal, the services received by both parties must be returned and any benefits drawn (e.g., interest) must be surrendered. If you cannot return the received service to us in whole or in part or only in a deteriorated condition, you may have to pay us compensation for value. For the provision of services, this can lead to you still having to fulfill the contractual payment obligations for the period up to the withdrawal. For the transfer of goods, you do not have to pay compensation for value for deterioration resulting from the intended use of the item.
Goods that can be shipped as parcels must be returned at our risk. You must bear the costs of return shipping if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed 40 euros or if you have not yet provided the consideration or a contractually agreed partial payment at a higher price of the item at the time of withdrawal. Otherwise, the return is free of charge for you. Goods that cannot be shipped as parcels will be collected from you.
Obligations to refund payments must be fulfilled within 30 days. The deadline begins for you with the dispatch of your withdrawal declaration or the item, for us with its receipt.
For the provision of services, your right of withdrawal expires prematurely if the contract has been completely fulfilled by both parties at your express request before you have exercised your right of withdrawal.
End of withdrawal instruction
If you are an entrepreneur within the meaning of § 14 German Civil Code (BGB) and act in the exercise of your commercial or independent activity when concluding the contract, the right of withdrawal does not exist.
According to § 312d para. 4 no. 2 BGB, you do not have the right of withdrawal if a data carrier has been delivered to you and you have unsealed the data carrier.
For goods that are not suitable for return due to their nature, the right of withdrawal according to § 312d para. 4 no. 1, 3 BGB also does not apply.
§ 5 Cost-Bearing Agreement
If you make use of your right of withdrawal according to § 4, you must bear the regular costs of return shipping if the delivered goods correspond to those ordered and if the price of the item to be returned does not exceed 40 euros or if you have not yet provided the consideration or a contractually agreed partial payment at a higher price of the item at the time of withdrawal. Otherwise, the return is free of charge for you.
§ 6 Prices and Shipping Costs
All prices include VAT. Since we exclusively offer digital downloads, there are generally no shipping costs. When providing for retrieval via a network, the seller bears the costs of making the software available for retrieval on the network, the buyer bears the costs for retrieval.
§ 7 Payment Terms
7.1 Payment is made optionally by advance payment via bank transfer or instant transfer, via PayPal, ClickandBuy, 2Checkout, or Moneybookers.com. We reserve the right to exclude individual payment methods. If you choose payment in advance, we will provide you with our bank details in the order confirmation. For a bank transfer, please always state the order number as the subject, otherwise we cannot assign your transfer.
7.2 Upon default of payment, the purchase price must be subject to interest at 5% above the base rate during the default period. If you are an entrepreneur, the purchase price must be subject to interest at 8% above the base rate upon default of payment during the default period. We reserve the right to prove and claim higher damages for delay.
§ 8 Warranty and Liability
The warranty is provided in accordance with statutory provisions.
§ 9 Customer Service
For questions, complaints, or claims, please contact us.
§ 10 Data Protection
10.1 Data Collection:
We collect data when initiating, concluding, processing, and unwinding a purchase contract. This data is collected, stored, and processed by us.
Your visit to our websites is logged. Essentially, the IP address currently used by your PC, date and time, the browser type and operating system of your PC, and the pages you viewed are recorded. Personal reference is usually not possible for us and also not intended.
10.2 Data Use and Disclosure:
The personal data that you provide to us, for example, when placing an order or by email (e.g., your name and address or your email address), are stored in our mileage log license database. The data is only used within the scope of the existing contract between the parties, for example, for processing the software purchase or for support. No use of the data beyond this takes place. We only pass on your data to the shipping company commissioned with delivery to the extent necessary for delivery of the goods. To process payments, we pass on your payment data to the credit institution commissioned with payment.
We assure that we otherwise do not pass on your personal data to third parties unless we are legally obliged to do so or you have given us your prior consent. Insofar as we use service providers to carry out and process processing processes, the contractual relationships are regulated according to the provisions of the Federal Data Protection Act.
10.3 Consent and Revocation:
If you have provided us with personal data, you can delete it at any time. Data for billing and accounting purposes are not affected by cancellation/revocation or deletion.
10.4 Storage Period:
Personal data communicated to us via our website is only stored as long as the purpose for which it was entrusted to us is fulfilled. Insofar as commercial and tax retention periods must be observed, the storage period for certain data can be up to 10 years.
10.5 Google Analytics:
This website uses Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses so-called "cookies", text files that are stored on your computer and enable analysis of your use of the website. The information generated by the cookie about your use of this website (including your IP address) is transmitted to and stored on a Google server in the USA. Google will use this information to evaluate your use of the website, to compile reports on website activity for website operators, and to provide other services related to website use and internet use. Google may also transfer this information to third parties if required by law or if third parties process this data on behalf of Google. Google will never associate your IP address with other Google data. You can prevent the installation of cookies by setting your browser software accordingly; however, we point out that in this case you may not be able to use all functions of this website to their full extent. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
10.5 Use of Cookies:
Use of our offer takes place with the use of a cookie. The prerequisite for this is that you have activated cookies in your browser settings.
A randomly generated session code and, if applicable, your customer ID are stored in the cookie. This makes it possible to recognize you as a registered customer.
Additionally, we store an affiliate ID if available and the page from which you came to our pages.
The prerequisite for this is that you have activated cookies in your settings.
10.6 Newsletter:
By subscribing to the newsletter, your first name, last name, and email address are used for our own advertising purposes with your consent. The newsletter is sent by us. Consent to receive a newsletter by email can be revoked at any time. In every newsletter you will find a link with which you can revoke your consent.
10.7 Your Rights, Information:
Should you no longer agree to the storage of your personal data or this has become incorrect, we will arrange for the deletion or blocking of your data or make the necessary corrections upon appropriate instruction (to the extent this is possible under applicable law). Upon request, you will receive free information about all personal data that we have stored about you.
If you have questions about the collection, processing, or use of your personal data, or for information, correction, blocking, or deletion of data, please contact us by email at
§ 11 Legal System, Place of Jurisdiction
11.1 German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.
11.2 For customers who conclude the contract for a purpose that can neither be attributed to commercial nor independent professional activity (consumers), this choice of law only applies insofar as it does not deprive them of mandatory provisions of the law of the country in which they have their habitual residence.
11.3 For all disputes arising from the contractual relationship, if the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction is Cologne.
§ 12 Miscellaneous
12.1 The contract languages are German or English.
12.2 If one or more provisions of these General Terms and Conditions are invalid, the contract remains valid otherwise. To the extent the provisions are invalid, the content of the contract is governed by statutory provisions.
Status: 09.11.2009
Software License Terms
You can view the usage and license terms of our software under the following link: Pro-Tech IT Solutions License
