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Imprint / AGB

About this website:

The official website of Motelsoft, one of the first German computer game developers, has been operated by the Wandermuseum Haus der Computerspiele since November 2018 in order to preserve it as an archive. We are happy to forward inquiries to the founders of Motelsoft.

Copyright

All contents of these Website including the organization and programming are subject to copyright. All rights reserved, all data are without guarantee, subject to change. The use of text and pictorial material is permissible only with express permission of the operator.
If this Website contains links to Websites in other areas of responsibility, we dissociate ourselves expressly from their contents.

Adhesion for links

With the judgement from 12 September 1999 - 312 O 85/99 adhesion for links the regional court Hamburg decided that one by the fix of a link is responsible of the contents of the linked site. This can be prevented - so the regional court - only by the fact that one dissociates oneself expressly from these contents. Hereby we dissociate expressly from all contents of linked sites or diagrams and make ourselves these under no circumstances too own. All offences against valid right, custom or moral, which admits us become, to have the immediate deletion from links, entries, diagrams or the like to the consequence.

General trading conditions

§ 1 area of application

To the business relation between Motelsoft and the orderer apply excluding the following general trading conditions in at the time of the order the version available in the InterNet.
Forwarding expenses and the terms of delivery after § 5 apply only to the dispatch within the Federal Republic of Germany. With orders from the European foreign country an offer referred to the order is provided in each case, since very different forwarding expenses result.

§ 2 conclusion of a contract

The customer orders in the InterNet by email goods from Motelsoft. This commits itself to the execution of the order to the conditions of the Website. The order of larger than household-usual quantities requires the express agreement from Motelsoft.

§ 3 non-execution of the order

With writing and calculation errors as well as mistakes in the Website is Motelsoft not committed to the acceptance of the order and to the processing of the order.

§ 4 supply

The supply effected via Motelsoft. Compensation, also in the case of late or incomplete supply is impossible, so far no rough negligence is present § 309 NR. 7a BGB remains unaffected. With unavailability of the commodity we will inform you immediately and a possible pre-payment is refunded immediately. As far as differently does not agree, we supply within 10 days after receipt of your order.

§ 5 payment

With the sending off of the order the purchase price becomes due. The purchase price sits down together from the purchase sum and forwarding expenses. Each orders is plus forwarding expenses for postage and packing . Payment is only possible by transfer . During transfer the supply takes place only after receipt of the purchase price. Only the amount of the order transfer, if the order were confirmed by company Motelsoft.

§ 6 right of revocation after § 3 remote paragraph law (i.V. with § 361a BGB)

The orderer is bound for no more to the order, if he recalls within one period from 2 weeks after receipt of the commodity. The revocation must contain no reason and can in writing (by post office, email or by fax) or on a durable data medium or via return of the commodity take place. For period keeping the punctual sending off of the revocation and/or the return of the commodity at company Motelsoft is sufficient. The return is to be co-ordinated with Motelsoft. In the case of a revocation possibly made payments are refunded after back receipt of the commodity less forwarding expenses. The orderer has to bear the cost of the return. During return of damaged or commodity used Motelsoft is entitled to make claims valid (§ 361a II BGB).
Delivered software is excluded from the conversion.

§ 7 retention of title

The commodity supplied to the orderer is lively up to the complete payment of all requirements existing against the orderer property of Motelsoft. To the case an extended retention of title applies for the passing on of the commodity as agreed upon. The software may be multiplied neither nor used for commercial purposes.

§ 8 material defects

We supply replacement only with incorrect data medium (CD Rome). The orderer has to urge a defect at the supplied commodity at the latest for 2 weeks after receipt of the software by email or in writing. If the notice of defect is justified and if Motelsoft has to represent the lack, then a replacement takes place. If a replacement is not possible or if this replacement retards, then the orderer can require either a reduction in purchase price or withdraw of the contract altogether. With resignation the orderer is obligated to the complete return of the commodity, whereby forwarding expenses are taken over by the company Motelsoft. The company Motelsoft is responsible only for damage to the commodity. Large requirements of the orderer - same from which argument - are impossible. With absence for an important assured characteristic, with resolution or rough negligence on the part of Motelsoft does not apply the aforementioned limitation of liability. Guarantee in all other respects exists according to the purchase-legal regulations. An adhesion for lack damages is impossible.

§ 9 guarantee

The legal guarantee period amounts to 2 years and begins with delivery of the commodity. Their warranty claims are first limited to substitute. When failing the substitute you have a requirement on resignation from the sales contract or reduction of the purchase price after your choice.

§ 10 data security

The orderer is well-known and he consents in the fact that its for the order and order handling necessary personal data on data media are stored. It agrees the collection, processing and use of its personal data expressly. The right is entitled to the orderer to recall this consent at any time with effect for the future. Motelsoft commits itself for this case to the immediate deletion of the personal data, it is, an order procedure is not yet completely completed.

§ 11 area of jurisdiction and applicable right

With diversities of opinion and law cases applies excluding German right. So far permissible, for all requirements from the business relation the area of jurisdiction at the seat of Motelsoft is agreed.

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