General Terms and Conditions (GTC)
of empira Software GmbH
§1 Scope of application
(1) empira Software GmbH (hereinafter referred to as empira) concludes contracts with the respective contractual partners (hereinafter referred to as the customer) exclusively on the basis of these General Terms and Conditions (GTC). Deviating general terms and conditions of the customer do not apply, unless they were recognized expressly and in writing by empira. Individual agreements between empira and the customer have priority in each case, if they were agreed in writing.
(2) These conditions are also the basis of all future services and deliveries, even if their inclusion is not expressly agreed again.
(3) empira reserves the right to amend these GTC. Changes are communicated to the customer at least 30 days before their entry into force by email or in other suitable form. If the customer does not contradict the changes within this period, the changed GTC are valid as accepted. The right of objection shall be pointed out separately in the notification of change.
(4) Any other individual contractual provisions between the Contractor and the Customer shall supersede the corresponding agreements in the following GTC.
§2 Conclusion of contracts
(1) Written offers of empira are binding for 30 days, insofar as nothing else has been agreed in writing.
(2) The customer is bound to their order for a period of two weeks from receipt at empira, unless empira accepts or rejects the order beforehand. For contracts concerning services, particularly software development and project support, empira generally begins providing the service after accepting the order. The customer agrees that empira begins with the provision of the service before the expiry of the commitment period. In this case the right of revocation expires for consumers in accordance with § 356 Para. 4 BGB, provided they have expressly agreed in advance.
(3) A contract comes off either by timely acceptance of a written offer by the customer or by written order confirmation by empira.
§3 Prices and terms of payment
(1) The prices are always part of the concluded contract.
(2) Payments are due immediately upon receipt of the goods or provision of the service without deduction, unless other terms of payment have been agreed in the contract. Payment can be made by bank transfer, credit card or other accepted payment methods as specified in the respective invoice.
§4 Delivery
(1) Software is delivered via a download portal or by email. For this purpose, the customer may receive a download key which authorizes him to download the software intended for him. The download key shall be made available to the customer electronically. Other contractual items and services are provided/delivered in accordance with the contract.
§5 Software / documents / information
(1) Any software that is made available for download through services is the copyrighted work of empira and/or its suppliers. The use of the software is subject to the terms of the end user license agreement, if any, which accompanies or is included with the software (“License Agreement”). End users are only entitled to install software to which a License Agreement belongs if they have previously agreed to the terms of the License Agreement.
(2) The software is made available exclusively for download and use by contractual partners as defined in the License Agreement. Reproduction or redistribution of the software outside the terms of the License Agreement is expressly prohibited by law and may result in severe consequences under civil and criminal law. Infringements will be prosecuted to the fullest extent possible.
(3) Without limitation to the foregoing, copying or reproducing the software on another server or elsewhere for the purpose of further reproduction or redistribution is expressly prohibited.
(4) empira processes personal data exclusively in accordance with the General Data Protection Regulation (GDPR) and the applicable privacy policy, which is available on our website. The customer confirms that they are authorized to transfer personal data of third parties to empira, insofar as this is necessary for the fulfillment of the contract.
§6 Warranty
(1) Warranty exists for the software (if at all) only in accordance with the provisions of the License Agreement. With the exception of the warranty stated in the License Agreement, empira hereby disclaims all warranties and conditions with regard to the software, including any implied warranties and other conditions of merchantability, fitness for a particular purpose and non-infringement.
(2) The parties acknowledge that, according to the state of the art, it is impossible to guarantee that software will be entirely free of errors under all conditions of use. empira is therefore not liable for minor deviations of the software from the contractually agreed quality, unless these deviations significantly impair the use of the software.
(3) empira makes no assurances with regard to the accuracy of the results resulting from the use of the tools and utilities. Please respect the copyrights and ancillary copyrights of third parties if you use the tools and utilities made available to you by empira.
(4) empira and/or its suppliers are not liable for special or indirect damages, consequential damages or other damages resulting from loss of use, loss of data or loss of profit - whether in the case of contractual use, negligence or other unauthorized action - and arising from or in connection with the use of software, documents, the provision of or failure to provide services or information accessible via services.
§7 Final provisions
(1) Should individual provisions be or become invalid, void, or contestable, the validity of the remaining provisions shall remain unaffected.
(2) The place of performance is Troisdorf. The place of jurisdiction for all disputes arising from or in connection with this contract is Siegburg, provided that the customer is a merchant, a legal entity under public law, or a special fund under public law. For consumers, the statutory place of jurisdiction shall apply.
(3) The law of the Federal Republic of Germany shall apply exclusively. For consumers with their habitual residence in another EU member state, the mandatory consumer protection regulations of that state shall remain unaffected.
(4) The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
(5) The contract language is German. The German version of these General Terms and Conditions shall prevail. The English translation is for informational purposes only.
§8 Cancellation policy
(1) Right of withdrawal: Consumers have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is 14 days from the date of conclusion of the contract. To meet the withdrawal deadline, it is sufficient for the customer to send the notification before the withdrawal period has expired. In order to exercise the right of withdrawal, the customer must inform empira (empira Software GmbH, Kirchstr. 19, D-53840 Troisdorf, email) of their decision to withdraw from this contract by means of a clear declaration (e.g., a letter sent by post or email).
(2) Consequences of withdrawal: If the customer withdraws from this contract, empira must refund all payments received from the customer, including any delivery costs for physical goods (if applicable), immediately and at the latest within 14 days from the day on which empira received notification of the withdrawal. For this repayment, empira will use the same means of payment that the customer used for the original transaction, unless expressly agreed otherwise with the customer. In no case will the customer be charged any fees for this repayment.
(3) Expiry of the right of withdrawal: The right of withdrawal expires in the case of a contract for the delivery of digital content if empira has started performing the contract after the customer has expressly consented to the execution beginning before the end of the withdrawal period and has confirmed awareness that this results in the loss of the right of withdrawal (§ 356 (5) BGB).
Date: 2025-02-13