Imprint / AGB


              Operator of this website:
Jeanette Munter & Heinz Munter

Address:
Heinz Munter
Suebenweg 8
72355 Schömberg
Germany

eMail: Motelsoft

Copyright

All contents of this Website, including the configuration and programming, are subject to copyright. All rights reserved, all data are without guarantee, subject to modification. The use of text and footage is permissible only with explicit permission of the operator.
If this Website contains links to Websites in other areas of responsibility, we dissociate ourselves explicitly from their contents.

Liability for links

Through sentence dated 12 September 1999 - 312 O 85/99 ­ liability for links ­ the regional court Hamburg decided, if a link is installed on a site, the site proprietor has to share responsibility for the contents of this link. This can be prevented - according to the regional court - only by explicitly dissociating of the contents. With this we dissociate explicitly from all contents of linked sites, or diagrams and under no circumstances appropriate of them. All offences against applicable law, custom or moral, we gain knowledge off, will result in the immediate deletion from links, entries, diagrams or anything of the likes.

General terms and conditions

§ 1 Ambit

For the business relation between Motelsoft and the orderer, exclusively the following terms and conditions apply in the current version at the time of the online-order.
Postage and the terms of delivery according to § 5 apply only to shipping within the Federal Republic of Germany. For orders from the rest of Europe an individual offer will be provided, due to different postages.

§ 2 Completion of a contract

The customer orders goods from Motelsoft online per e-mail. Motelsoft is obligated to execute the order according to the terms and conditions of the Website. The order of larger quantities then household customary requires the explicit agreement of Motelsoft.

§ 3 Non-execution of the order

In the case of writing and calculation errors as well as mistakes on the Website Motelsoft is not committed to accept the order or process the order.

§ 4 Delivery

Delivery is carried out by Motelsoft. Compensation, also in the case of late or incomplete delivery is impossible, as far as no cross negligence is at hand. § 309 NR. 7a BGB remains unaffected. In case of unavailability of the commodity we will inform you immediately and a possible prepayment is refunded immediately. Unless otherwise agreed, we deliver within 10 days after receipt of your order.

§ 5 Payment

On dispatching the order the purchase price is falling due. The purchase price comprises the purchase sum plus postage. For each order forwarding costs for postage and packing are to be added. Payment is only possible by transfer. The delivery is carried out only after receipt of the purchase price. Please wait for the confirmation of the order by Motelsoft before the purchase price is transfered.

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

The orderer is not bound to the order anymore, if he recalls within a period of 2 weeks after receipt of the commodity. The revocation does not need to contain a reason and can be in writing (by post office, e-mail or by fax) or on a durable data medium or through return of the commodity. To keep the term the punctual sending off of the revocation and/or the return of the commodity to Motelsoft is sufficient. The return is to be co-ordinated with Motelsoft. In the case of a revocation possibly made payments are refunded after receipt of the commodity less forwarding costs. The orderer has to pay the costs of the return. In case of return of damaged or used products Motelsoft is entitled to claims for compensation (§ 361a II BGB).
Delivered software is excluded from replacement.

§ 7 Reservation of proprietary rights

The delivered commodity stays until complete settlement of all claims toward the orderer property of Motelsoft. In case of forwarding the goods, an extended reservation of proprietary rights will apply as agreed upon The software must neither be multiplied nor used for commercial purposes.

§ 8 Material defects

We supply replacement only in case of faulty data medium (DVD). The orderer has to claim a defect on the supplied commodity latest 2 weeks after receipt of the software by e-mail or in writing. If the notice of defect is justified and if Motelsoft has to stand in for the defect, then a replacement takes place. If a replacement is not possible, or if this replacement is delayed, then the orderer can request either a reduction in purchase price, or withdraw of the contract altogether. In case of withdrawal the orderer is obligated to the completely return all of the commodities, whereby forwarding costs are being taken over by Motelsoft. Motelsoft is responsible only for damage to the commodity itself. Further claims of the orderer - no matter on what legal basis- are impossible. In case of absence of an important assured characteristic, through intention or cross negligence on part of Motelsoft the aforementioned limitation of liability does not apply. Warrantee in all other aspects valid according to the purchase-legal regulations. A liability for consequential damages is impossible.

§ 9 Warranty

The legal warranty period amounts to 2 years and begins with delivery of the commodity. Your warranty claims are first limited to substitute. If the substitution is failing, you can choose between a claim to withdraw from the contract or to reduce the purchase prise.

§ 10 Data security

It is known to the orderer and he consents in the fact, that it is necessary to store personal data on data media for the order and its handling. He agrees explicitly with the census, processing and use of his personal data, the collection, processing and use of its personal data expressly. The orderer has the right to recall this consent at any time with effect in the future. Motelsoft commits itself in this case to the immediate deletion of the personal data, unless an order procedure is not yet fully completed.

§ 11 Area of jurisdiction and applicable right

In case of difference of opinion and law cases German right applies exclusively. As far as permissible, for all claims resulting from the business relation, the area of jurisdiction at the principle office of Motelsoft is agreed upon.



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