|
Terms & Conditions |
1. Scope, Contract Partners |
1.1 The version of the following general terms and conditions applicable at the time of the order shall be applicable to software licensing contracts, licensing agreements, contracts for the purchase of hardware (possibly in combination with software), purchase contracts for other products as well as for the purchase of services between Cellular Spyware and the customer.
|
2. Obligation to Provide Information in Sales Agreements Closed over the Internet |
2.1 Contracting party for the customer is Cellular Spyware inc.
2.2 The important characteristics of the goods and services are listed in the description of the respective item. When software is licensed, delivery is limited to the object code (executable form) with the documentation and installation and usage instructions provided by the manufacturer, if any. To the extent that delivery is provided via download, no physical media or documentation or manufacturer's instructions will be delivered in paper form, nor are they owed.
2.3 Reservations exist insofar as Cellular Spyware inc. can withdraw from the contract if Cellular Spyware inc. is not in the position to deliver the ordered goods for a reason that is no fault of its own because the supplier did not fulfill its contractual obligations. In this case, the customer shall be informed immediately.
2.4 The contract is closed in the following manner: The customer's order can be provided in writing or via electronic means (such as via email), each in the language of the respective party. The order represents an offer to Cellular Spyware inc. to enter into a contract for purchase. The contract is closed only if Cellular Spyware inc. Accepts the customer's offer by confirming the order by email after receiving the order. If this confirmation contains clerical or typographical errors, or if the prices are based on technical transmission errors, Cellular Spyware inc. shall be entitled to rescind, whereby Cellular Spyware inc. must prove its error to the customer. Payments already made will be returned immediately.
2.5 If statutory VAT or other applicable tax is incurred, it is included in the price. The customer must also pay shipping and the cash on delivery costs (COD) pursuant to the following provisions (see number 6).
2.6 All information provided by Cellular Spyware inc. is limited in validity to when the customer retrieves/downloads it, if not otherwise labeled, since information, offers and prices set by Cellular Spyware inc are continually updated.
2.7 The GBCs of Cellular Spyware inc. are subject to copyright law. The customer is permitted to retrieve them and save and/or print them in transferable form. |
3. Customer's Right to Cancel/Legal Instructions to the Customer |
3.1 Insofar as the customer is a consumer as defined in Civil Code, he or she shall be entitled to a right of revocation.
Revocation instructions
Right of revocation
You can revoke your order in text form (by letter, fax or email, for example) within two weeks without giving reasons, or by sending back the item if the item is surrendered to you prior to the end of the period. The period begins upon receipt of these instructions in text form, but not before receipt of the goods by the recipient (or in the case of recurring supply of similar goods, not before receipt of the first partial delivery) and also not before fulfillment of our information obligations pursuant to Civil Code. The timely dispatch of the revocation notice or item shall be sufficient for meeting the revocation deadline. The revocation notice is to be sent to:
Cellular Spyware inc.
6574 n. st. rd.7 #278 coconut creek fl. 33073
email: info@cellularspyware.com
Consequences of order cancellation:
In the event of an effective revocation, the performances received by both parties are to be returned, and any emoluments taken (interest, for example) are to be surrendered. If you cannot return the product or the service in whole or in part, or can do so only in a deteriorated condition, you must pay us compensation for any such amount. When surrendering things, this does not apply if the deterioration of the things is to be attributed solely to its examination - as would have been possible for you in the retail store, for example. Apart from that, you can avoid the obligation to pay compensation for desertion of the thing being used in accordance with its intended use by not using the item as your property and refraining from all actions which negatively affect its value. Items amenable to parcel shipping are to be sent back at our risk. You must pay the costs of return shipping if the delivered goods correspond to the order, and if the price of the item to be sent back does not exceed an amount of $40, or if you have still not provided the consideration or a contractually agreed partial payment in the event of a higher price for the item at the time of the revocation. Otherwise, the return shipping is free of charge for you. Items that cannot be shipped as parcel freight will be picked up at your location. Obligations to reimburse payments must be fulfilled within 30 days. For you, the period commences when the revocation declaration or item is dispatched, and for us upon their receipt.
- End of Legal Instructions to the Customer -
3.2 For efficient and customer-friendly handling please return the product to the address for returns you find in the delivery order.
3.3 The right of revocation does not exist for the delivery of goods that were produced according to customer specifications, or which have been unambiguously customized to personal requirements, or for the delivery of audio or video recordings or of software, if the delivered data media have been unsealed by the customer.
3.4 In addition, the right of revocation does not apply to the sale of serial numbers for the activation of demo versions of the software, or for the activation of OEM software into a retail version, as soon as the serial numbers were sent via email or in another form and manner. The right of revocation also does not apply to the sale of license keys for enabling a download of software, as soon as the license key has been sent via email or in another form and manner.
|
4. Information on Ordering over Electronic Channels |
4.1 The description of the products in the respective online shop does not represent a legally binding offer. To order goods through Cellular Spyware inc. online shops, the customer must place the goods in the "shopping cart" (by clicking a corresponding button such as "Buy"). The shopping cart will be displayed after the selection of an item by the customer for the purpose of the order. The shopping cart is a list of all the goods that the customer has selected for the purpose of the order through a click. The quantity of goods can be changed, or they can be removed from the shopping cart.
4.2 Once the shopping cart contains all the goods required in the necessary quantities, the order transaction can be continued by pressing the relevant button". Subsequently, the customer shall be asked for his invoice and delivery address, and the payment and shipment method desired. Prior to placing the final order, all the details of the order are displayed in summary and can be modified by the customer if required.
4.3 The order will be binding for the customer as soon as the customer has entered payment information and has clicked on the appropriate button, or upon dispatch of his or her order in the event of payment by invoice/bank transfer. In the event of a successful transmission, the customer receives a confirmation for the order by email, through which the offer is accepted. The contract for purchase is formed with this email confirmation. This confirmation can be printed out.
4.4 The order, including the customer's personal data, will be stored by Cellular Spyware inc. electronically. After ordering, the data for the order will be visible to the customer if a login area has been set up. |
5. Terms of Payment and Retention of Title |
5.1 The customer shall owe compensation, a fee, or a purchase price when the software license agreement, contract for purchase or service agreement is finalized. The pay-before-download principle applies to downloads, which means only after successful payment can the customer download the software from the download area to his or her computer. Payment can be made by direct debit, bank transfer, credit card, on account or through the types of payments approved for the portal. Invoices are to be paid after receipt of the invoice within the period specified on the invoice.
5.2 If the bank transfer type of payment is selected, the banking details will be specified for the customer in the order confirmation. The invoice amount is to be transferred within the period that is specified therein. The product is delivered when payment is received.
5.3 When paying by credit card, the account is charged after the goods are shipped. Cellular Spyware inc. reserves the right to have credit card payments verified prior to the acceptance of the order. Cash on delivery (COD) payments are due upon receipt of the goods.
5.4 When paying by credit card, the customer affirms his or her agreement that Cellular Spyware inc. will clear the order with the credit card company, and will do so in the manner of online banking in particular.
5.5 Until payment in full is received, the purchased item or service delivered or otherwise licensed remains the property of Cellular Spyware inc. or of the owner of the rights in the software that is the subject matter of the contract. |
6. Shipping, shipping costs and customs duties |
6.1 To the extent that the service or purchased item is not retrieved by the customer via download, but rather is to be shipped, the customer must pay the shipping costs. A precise calculation of shipping costs and a list of all selectable shipping methods will be provided during the ordering process and will be disclosed on the order page in particular. The shipping costs may be omitted in individual cases in the event of special campaigns or offers. These will also be displayed during the ordering process and on the order page.
6.2 Cellular Spyware inc. does not ship to countries or persons if such a shipment would violate valid export laws or other provisions of the law.
6.3 For deliveries outside of the European Union, additional customs duties, customs clearance costs, import duties or taxes can be incurred, which are to be paid by the customer. These costs are beyond the control of Cellular Spyware inc. Additional information can be obtained from the relevant customs office. |
7. Software Delivery per Download |
No shipping costs will be charged by Cellular Spyware inc. for software delivery via download. The customer must provide the remote communications link to Cellular Spyware inc. server (internet connection) required for the download, and pay the usage fees for the remote communications link incurred in the context of the retrieval. |
8. Scope of delivery and right to use acquired software |
8.1 When software is licensed, delivery is limited to the object code (executable form) with the basic information provided by the manufacturer such as, for example, documentation and installation and usage instructions, not necessarily in paper form. To the extent that delivery is provided via download, no physical media or any documentation or manufacturer's instructions will be delivered in paper form, nor are they owed. The customer has no claim to a license for the source code.
8.2 The software licensed by Cellular Spyware inc. is licensed within the scope of and in acknowledgement of the software publisher's terms of use by the customer (normally called "End User License Agreement").
8.3 The customer shall be entitled to use the contract software in accordance with the manufacturer's license provisions, which are made available when installing the software, as well as at other times.
8.4 The customer may NOT duplicate or decode (decompilation) interface information from the software. |
9. Warranty and Liability |
9.1 If the purchased item is defective, the legal provisions of the Civil Code shall be applicable. To the extent that the customer modifies the delivered software (or has it modified by third parties), warranty claims do not apply unless the customer can prove that the errors that arise are not to be attributed to the modification.
9.2 Cellular Spyware inc. liability for simple negligence breaches of duty is excluded, provided that
* |
it does not pertain to any material contractual obligations or guarantees, |
* |
losses from harm to life, limb or health are not involved and |
* |
Claims under the Products Liability Act remain unaffected. The same applies to breaches of duty by agents. |
9.3 The objection of contributory negligence remains available to Cellular Spyware inc. However, the customer shall be responsible for backing up its data at regular intervals. In the event of data loss that is the fault of Cellular Spyware inc., Cellular Spyware inc. shall be liable as such exclusively for the costs of duplicating the data for the backup copies to be created by the customer, and the restoration of the data that would have been lost even if the data were properly backed up. |
10. Privacy |
10. The customers' information and personal data will be treated confidentially and stored, processed, used and disclosed to third parties only to the extent necessary in the context of order processing, legal proceedings and the maintenance of customer relationships. Cellular Spyware inc. complies with the relevant data protection laws and uses the information and personal data exclusively pursuant to the provisions of Cellular Spyware inc. data protection policy. |
11. Legal Action |
U.S. law shall be applicable to the contractual relationship to the exclusion of the UN Convention on Contracts for the International Sale of Goods. |
12. Special Conditions for Contracts with Companies |
The following deviations from the business conditions detailed above apply to customers who are not consumers but companies in the meaning.
12.1 The right of return or cancellation according to Item 3 does not apply if the customer is a company in the meaning.
12.2 Notwithstanding number 9, the warranty for entrepreneurial business transactions shall be restricted in the following manner:
12.2.1 The warranty period is limited to 12 months.
12.2.2 The warranty of Cellular Spyware inc. in respect of the customer - to the extent that the customer is a company in the meaning. - shall be secondary to that of the software or hardware manufacturer/supplier. To this purpose, Cellular Spyware inc. assigns its warranty claims against the manufacturer/supplier to the customer in advance, in respect of all software and hardware and/or documentation or other user manuals. The customer approves this concession. As a consequence, the customer shall initially make all warranty claims to the manufacturer/supplier. Litigation should be undertaken if necessary. The statutes of limitation for warranty claims against Cellular Spyware inc. shall be postponed for the duration of legal prosecution. Cellular Spyware inc. shall hand out the contractual documents required for pursuing legal rights and provide any information required concerning the contracting parties. The warranty provided by Cellular Spyware inc. shall come back into force once the claims of the manufacturer/supplier provide no chance of success due to legal reasons or degeneration of assets through insolvency, non-traceability, legal limitations or existing contrary rights.
12.3 Notwithstanding if the customer is an entrepreneur, it must review the purchased item or service without delay after receipt, and object to any defects detected when doing so.
12.4 The liability of Cellular Spyware inc. due to any legal reason is limited by the following provisions.
12.4.1 The liability for damage caused with intent or gross negligence by Cellular Spyware inc. or one of its vicarious agents or representatives is unlimited in terms of the amount.
12.4.2 In cases of death, injury or damage to health, the liability of Cellular Spyware inc. or one of its vicarious agents or legal representatives is unlimited in terms of the sum even in cases of simple breaches of duty.
12.4.3 Even liability for damage caused by serious organizational culpability on the part of Cellular Spyware inc., and damages caused by a quality guaranteed by Cellular Spyware inc. are unlimited in terms of the amount.
12.4.4 If there is a breach of material contractual obligations, and to the extent that none of the events specified in numbers 12.4.1 through 12.4.2 are involved, the amount of Cellular Spyware inc. liability shall be limited to the losses typically foreseeable at the time the contract was finalized.
12.4.5 All further liability for compensation is excluded, and liability without culpability is excluded at all times.
12.4.6 Liability according to product liability law remains unaffected by this.
12.5 The customer can only offset against claims by Cellular Spyware inc. with legally determined or undisputed claims.
12.6 The business conditions of the customer only apply when they have exclusively been approved by Cellular Spyware inc. in writing.
12.7 Karlsruhe is agreed to as the place of performance and legal venue. However, Cellular Spyware inc. may choose the general jurisdiction of the customer, at its election. |
13. Salvatore Clause |
If any provisions of these General Business Conditions or the agreement closed between the parties should be void, non-viable or become non-viable, the validity of the agreement in whole shall not be affected. |
|
|
