General terms and conditions

§ 1 Scope of validity, customer information

The following General Business Terms and Conditions govern the contractual relationship between IPmotion GmbH and users and merchants who purchase goods from our shop. We do not recognise terms and conditions that are contrary to or deviate from these General Business Terms and Conditions. The contract language is German and the german original contract can be found here. 

§ 2 Conclusion of contract

  1. Offers on the internet constitute a binding offer to sell goods to you.
  2. After entering your data and clicking the order button, you accept this offer to conclude a purchase contract. You may also conclude the purchase contract by phone or fax.

§ 3 Download products

No right of cancellation

There is no right of cancellation for goods acquired by download. Due to their intrinsic nature, such goods are not suitable for return (see section 312d, para. IV, no. 1, alt. 3 of the German Civil Code [BGB]). 

§ 4 Download products

Time limit for downloading
Once activated, the product must be downloaded within 90 days. 

§ 5 Download products

Number of downloads: You may download the product three times. 

§ 6 Download products

Private copies: You may make private copies on other storage media only for your own personal use. 

§ 7 Customer information

Storage of your order data: We store your order with details about the concluded contract (e.g. type of product, price, etc.). We will send you these General Business Terms and Conditions, and following conclusion of contract, you may also view them at any time on our website.  As a registered customer, you may access your past orders in the customer log-in area (your account). 

§ 8 Customer information

Notice about corrections

Prior to submitting the order, you may correct your data at any time using the delete key. We will inform you about other opportunities for correction during the order process. You may terminate the order process at any time by closing the window in your browser. 

§ 9 Right of return

We grant consumers who purchase shipped products a right of return rather than a right of cancellation. For details about the right of return, please see the statement about returns. 

§ 10 Retention of title

We retain title to the subject of purchase until it has been paid for in full. The arrangement does not apply to download products. 

§ 11 Prescription of your warranty claims

  1. Warranty to consumers with regard to used goods
    Your warranty claims for defects in used goods (this does not include download products) are prescribed one year after the sold item has been turned over to you. Exempt from this arrangement are claims for damages, claims for defects that we fraudulently concealed, and claims under a guarantee that we gave as to the quality of the item. Statutory prescription periods apply to such exempt claims. 
  2. Warranty to merchants
    Your warranty claims for defects in the purchased item are prescribed one year following transfer of risk. Exempt from this arrangement are claims for damages, claims for defects that we fraudulently concealed, and claims under a guarantee that we gave as to the quality of the item. Likewise exempt is the right of regress under section 478 BGB. Statutory prescription periods apply to such exempt claims. 

§ 12 Limitation of liability

We are not liable for breaches of obligations attributable to simple negligence, unless these relate to material contractual obligations, injuries to life, body, or health, guarantees, or claims under the German Product Liability Act. The same applies to breaches of obligations by persons we use to perform them (Erfüllungsgehilfen) or by our legal representatives. For tangible items (i.e. not for download products), material contractual obligations include the obligation to hand over the item to you and to have ownership of it vest in you. In addition, we must provide the item to you free of material and legal defects. 

§ 13 Place of commercial jurisdiction

If you are a merchant, our registered office is the exclusive place of jurisdiction for all disputes under this contract.