General Terms and Conditions

General information

The General Terms and Conditions of i‑net software GmbH apply exclusively. We do not recognize terms and conditions of the contractual partner that conflict with or deviate from these terms and conditions, unless we have expressly agreed to them in writing.
These terms and conditions also apply if we are aware of the customer's conflicting terms and conditions and still carry out a delivery without reservation.

Offers

Our offers, brochures and prices are subject to change and do not constitute binding offers. Insofar as we provide information on technical data and properties and condition of the goods on our information pages, we do not assume any warranty for these. Through this information we do not guarantee any properties of our products. We reserve the right to make technical changes within reasonable limits.
Our binding offers are valid for 14 days.
Unless otherwise stated in our order confirmation, the details underlying the binding offer shall become part of the order. Subsequent changes require mutual written consent.

Prices and terms of payment

All prices quoted are net prices plus the applicable statutory VAT. This will be shown separately on the invoice at the applicable tax rate.
For orders from abroad and deliveries there, our net prices apply without VAT.
Payments are due immediately after invoicing and must be made in full. For customers outside of Germany, shipping generally only takes place after payment is received.
If the contractual partner defaults on its payment obligation, in whole or in part, interest shall be charged at an annual rate of 5% above the prime rate according to §247 of the German Civil Code (BGB) for payment claims due.
The contractual partner shall only be entitled to setoff if their counterclaims have been legally established, are undisputed, or have been recognized by us. In the case of disputed counterclaims, the contractual partner shall have no right of retention.

Right of withdrawal

End consumers are not entitled to a right of withdrawal for software products that have been downloaded onto a data carrier of the buyer.
However, we grant private end consumers a right of withdrawal if the order was placed exclusively via distance communication. Consumers are not bound by their order if they cancel it in writing or by e-mail within two weeks of receiving the first delivery of goods. The cancellation does not have to be for a specific reason and can be made in writing or by returning the goods. To meet the deadline, it is sufficient to send the revocation to i‑net software GmbH, Leipziger Platz 16, 10117 Berlin, Germany. Upon receiving your revocation, we are required to refund any payments, and you are required to return our delivery at our risk.
To facilitate the return process, please inform us of your intention to exercise your right of withdrawal and obtain an RMA number.

Delivery time

We will only consider deadlines for deliveries and services to be binding if they are expressly confirmed in writing or by email.
Compliance with the obligation to perform requires the timely and proper fulfillment of the contractual partner's obligations.
If we are late with a delivery, we are only liable for damages attributable to gross negligence or intentional misconduct on our part.

Transfer of risk

In the case of a sale by dispatch, the risk of accidental loss or deterioration passes to the buyer upon delivery to the forwarding agent, carrier, or person designated by the buyer, provided that the buyer is an entrepreneur.

Warranty

If we are responsible for a defect in the delivered goods, the contractual partner's right is initially limited to subsequent performance. Subsequent performance may include, at our discretion, either rectifying the defects or delivering a replacement item.
If the supplementary performance fails, the contractual partner may assert warranty claims at their discretion.
The warranty period is one year for entrepreneurs and two years for consumers, calculated from the transfer of risk. This period is a limitation period and also applies to claims for compensation for consequential harm caused by a defect, provided that no claims in tort are asserted.
Unless stated otherwise below, the customer is not entitled to any further claims, irrespective of the legal grounds. Therefore, we are not liable for damages that do not occur to the delivery item itself. In particular, we shall not be liable for loss of profit or other financial losses of the customer.
The above exemption from liability does not apply if the damage was caused by intent or gross negligence. However, our obligation to pay damages is limited to those that are foreseeable.
If the purchaser is an entrepreneur, the quality of the goods is deemed consistent with the agreed-upon product description. Public statements, promotions, or advertising do not constitute a contractual statement of quality.

Liability

To the extent that our liability for damages is excluded or limited, this shall also apply to all claims of culpa in contrahendo and breach of secondary obligations.
If we are at fault for breaches of duty due to slight negligence, our liability is limited to the amount specified for average, direct, and foreseeable damages typical for the contract.
We shall not be liable to entrepreneurs for slightly negligent breaches of insignificant contractual obligations.

Retention of title

The goods shall remain our property until full payment of all outstanding or future claims arising from the contract has been received, regardless of the nature or legal basis of the business relationship with the customer.

License rights

The software produced by i‑net software GmbH is subject to copyright law and the provisions of the respective license agreement, which are confirmed when the software is installed.

Place of jurisdiction / place of performance

Unless specified otherwise by law, the place of jurisdiction is Berlin. All disputes arising from this legal relationship shall be governed by German law. Application of UN sales law is excluded.

Data protection

We process personal data for contract initiation and performance, payment processing, and compliance with legal obligations. The legal bases are, in particular, Art. 6 para. 1 lit. b and lit. c GDPR, and Art. 6 para. 1 lit. f GDPR where a legitimate interest applies.
For payment processing, we use Stripe Payments Europe, Limited and affiliated Stripe entities as payment service providers. Further details about Stripe-related processing are available in our Privacy Policy.
Where we process personal data as a processor in the context of support or service activities, this is done on the basis of a data processing agreement (DPA) pursuant to Art. 28 GDPR, where applicable. Our DPA, related TOMs, and sub-processor list are available in our Data Processing Agreement.
An organization-level DPA is particularly required where the specific support case requires systematic or unavoidable access to the customer's personal data, for example in log-file analysis, support content with personal data, or remote access to customer systems. General product, licensing, or sales inquiries that do not require access to personal data are not automatically covered by this requirement. If no valid DPA is in place for data-protection-relevant support activities, those parts of support handling may be suspended until clarified.