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.