Terms and Conditions

1. General, Customers, Language 

 

  1. All offers, sales contracts, deliveries and services made on the basis of any orders by our customers (each, a „Customer“) through our online shop shop.movemen.com (the „Internet Shop“) shall be governed by these general terms and conditions of sale (the „General Terms and Conditions“). 

  2. The product offerings in the Internet Shop are directed to both Consumers and Business Customers (as defined below), but in each case only to end users. We do not sell to resellers.  For the purpose of these General Terms and Conditions, (i) a „Consumer“ is any individual entering into the contract for a purpose not related to his or her business, trade or self-employed professional activity (Sec. 13 of the German Civil Code), and (ii) a „Business Customer“ is a Customer (whether an individual, company or partnership vested with legal capacity) who enters into the relevant contract in the conduct of its business or its self-employed professional activity (Sec. 14 (1) of the German Civil Code). 

  3. Standard business conditions of the Customer do not apply, regardless of whether or not we expressly object to them in a particular case. 

  4. Our contracts with the Customer shall be made exclusively in the German or English language, in each case depending on whether the Customer makes the relevant purchase on our English language or on our German language website. Therefore, if the order is made on our German website, exclusively the German version of these General Terms and Conditions shall be relevant. If the order is made on our English website, exclusively the English version of these General Terms and Conditions shall be relevant. 

 

 

2. Conclusion of Contract 

 

  1. Our offerings published in the Internet Shop are non-binding. 

  2. By placing an order in the Internet Shop (which requires prior registration and acceptance of these General Terms and Conditions), the Customer makes a binding offer to purchase the relevant product. The offer shall remain valid and binding for a period ending on the end of the third business day following the day of the offer. 

  3. The order shall be deemed to be accepted by us upon subsequent (e-mail) acceptance of the order. The sales contract with the Customer shall not become effective until our acceptance. 

  4. Any Customer who is a Consumer shall be entitled to revoke the offer and return the product in accordance with the cancellation and return policy as separately made available to the Customer on our website in connection with the order process. 

 

 

3. Prices and Payment 

 

  1. Our prices include statutory VAT, but are net of any shipping costs, if any. Any customs duties and similar public charges shall be borne by the Customer. 

  2. Unless expressly otherwise agreed by us, all shipments by us shall require advance payment (to be made in the manner specified in our order form). 

  3. In the event that we have agreed to payment after delivery, our invoices shall be due and payable by the Customer within 10  business days upon receipt of the product and the invoice. 

  4. The Customer shall have no right of set-off or retention, except to the extent that the counterclaim has not been disputed by us or been determined by a final and binding decision. 

 

 

4. Subject of the contract

 

  1. We grant the Customer the non-exclusive, non-transferable and expiring (3, 6  or 12 months) license to use the software modules (hereinafter „Software“) either delivered on any data medium or rather delivered electronically or downloaded by the Customer from our website in machine-readible form (object code).

  2. No further acquisition of rights to the Software ist tied to this right of use. All rights to distribute, exhibit, show, perform, edit and copy the Software are reserved to ourselves, unless any further explicit agreement on these rights is concluded on.

 

 

 

5. Extent of use

 

 

  1. The License entitles the Customer to install and run the Software on one workstation (single workstation application) at one location. The Software must not be used via remote data transmission or over a network. 

  2. To save, store or use the Software on more than one workstation at a time is prohibited. If the Customer wants to use the Software on more than one workstation, an appropriate number of program packages have to be purchased. 

  3. The aforementioned License, section 4 (1), is restricted to the object code of the Software. The Licensor is not obligated to make the source code of the Software available to the Customer. The Customer is prohibited to reverse engineer, reassemble, alter, merge or modify the object code of the Software in any way. 

  4. Any copying of the Software or the included material, especially the copying to electromagnetic, optoelectronic or any other data carrier is prohibited. This does not include the one-time installation of the Software to the hard-disc and the downloading or printing of data that results from the working application. Further excluded from this copy-prohibition is a single backup-copy, in so far as this is necessary to ensure a future usage of the Software according to this license.  

  5. The Customer may not sell, rent, lease or sublicense the Software or the included material. 

 

 

 

6. Installation

 

The Customer commits himself, in so far as his stored data is affected by the installation of the Software, to save this data before the installation of the Software, during the installation phase and on a regular basis (at least once a day) adequately and completely.

 

 

 

7. Warranty 

 

  1. In the event of a defect of the delivered product, the Customer shall be entitled to request from us to repair the defect or to supply another product (as ordered) which is free from defects; provided, however, that we shall have the right to choose between any such remedies at our discretion if the Customer is a Business Customer. Such choice shall be made by us by written notice (ie. „text form“, including by telefax or by e-mail) within a period of three business days following receipt of the Customer’s notice of the defect. We may refuse to remedy a defective product in the manner requested by the Customer if such remedy would result in unreasonable costs. 

  2. If the remedy (supplementary performance) pursuant to Section 7 (1) fails or cannot reasonably be expected from the Customer or we refuse to so remedy the defect, the Customer shall be entitled to terminate the sales contract, reduce the purchase price or claim damages or frustrated expenses, in each case in accordance with applicable law; provided, however, that damage claims of the Customer shall be subject to the provisions contained in Section 9 of these General Terms and Conditions. 

  3. The warranty period shall be two years upon delivery of the Product if the Customer is a Consumer or otherwise twelve months upon delivery of the product. 

  4. With regard to Business Customers only, the following shall apply: The Customer shall promptly upon delivery inspect the product with due care. The delivered product shall be deemed to be approved by the Customer unless the defect is notified to us (i) in case of any obvious defects within a period of five business days upon delivery or otherwise (ii) within five business days from the day when the defect has been identified. 

 

 

8. Liability 

 

  1. The Licensor is liable for any damage caused deliberately or wantonly negligent by himself or any of his chief executives. 

  2. We are also liable for the culpable infringement of obligations whose discharge will give distinction to the contract and in  which the Customer may trust (essential contractual obligations), if the infringement of these obligations would jeopardise the attainment of this contract. We are also liable if we maliciously concealed any defect of the Software or if we granted the Customer a warranty for the quality of the object or the work. 

  3. We are also liable for damages resulting from injuries of life, body and health, caused by a breach of duty on our behalf, or on behalf of any of our legal representatives, or any of our assistants. 

  4. For the rest, any claims for compensation against us, especially due to delays or breach of duty as well as non-contractual claims, also due to lost profit, missed advantages, absence of economies, failure of capital expenditures, indirect damage and consequential damage are excluded. 

  5. Possible claims for compensation, in regard to their amount, are restricted to the damage foreseeable at the conclusion of the contract. Claims that result from the implementation (execution) of excess risks and are thus not foreseeable by us, can not be asserted. This restriction is not valid if we have maliciously concealed any defect of the Software or if we granted the Customer a warranty for the quality of the object or the work. 

    This restriction is not valid if there are damages resulting from injuries of life, body and health, caused by a breach of duty on our behalf, or on behalf of any of our legal representatives, or any of our assistants. 

  6. Our liability for negligence, other than for gross negligence, resulting from late delivery shall be limited to an amount equal to 10 % of the aggregate prchase price (including VAT).

  7. Our legal liability for any injury of life or health as well as the liability for defective products (german product liability law) is not affected by the clauses above. 

 

 

 

9. Data Protection 

 

  1. We may save and process any data relating to the Customer, to the extent necessary for the purpose of the execution and implementation of the sales contract and as long as we are required to keep such data in accordance with applicable law. 

  2. We shall have the right to submit personal data relating to the Customer to credit agencies, to the extent necessary for a credit check subject, however, to the Customer’s consent in each individual case. We shall neither make available any personal data of the Customer to other third parties without the express consent of the Customer, except to the extent that we are required to disclose any data pursuant to applicable law. 

  3. We shall not be permitted to collect, submit to any third party or otherwise process personal data of the Customer for any purpose other than those set forth in this Section 9. 

 

 

10. Applicable Law and Competent Courts 

 

  1. Any contracts entered into between us and the Customer shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of laws provisions. 

  2. If the Customer is a corporation, limited liability company, commercial partnership or otherwise operates a commercial business (Kaufmann within the meaning of Sec. 1 (1) of the German Commercial Code) or if the Customer is a legal entity or special fund organized under public law, the courts in Ravensburg shall have exclusive jurisdiction in respect of all disputes arising out of or in connection with the relevant contract. In all other cases, we or the Customer may file suit before any court of competent jurisdiction under applicable law.