Terms & conditions of supply for software
1. Definitions
‘OXID eXchange’: An OXID eSales AG platform for the sale of OXID eShop Extensions.
‘OXID eShop Extensions’: Products and services that are intended to be used for OXID eShop software (Community, Professional and Enterprise Edition), and the associated product information (quotation texts, documentation, terms and conditions of use and licensing).
2. Scope
2.1 All quotations, purchase contracts, deliveries and services for OXID eShop Extensions, based on orders from our customers through OXID eXchange, are subject to these General Terms & Conditions.
2.2 Our offer is exclusively intended for industry, trade, commerce and the freelance professions.
3. Prices
All prices are in euro, not including VAT.
4. Rights of use
4.1 The manufacturer of OXID eShop Extensions grants you the licence in the form of the licence file (license.txt).
4.2 If OXID eShop Extensions does not have a licence file, the manufacturer will grant you the non-exclusive, non-transferable and non-sublicensable right to use the software and documentation.
5. Rights in cases of defects
OXID eSales is only liable for extensions that have been created by OXID eSales. However, extensions offered free of charge are supplied without any rights in cases of defects. Legal regulations apply to any other extensions created by OXID eSales. Extensions that have not been created by OXID eSales are the responsibility of the respective provider.
6. Liability, exemption
OXID eSales is only liable for extensions that have been created by OXID eSales. However, liability for extensions offered free of charge is limited to damages caused by gross negligence or intent. Legal regulations apply to any other extensions created by OXID eSales. The respective provider is liable for extensions that have not been created by OXID eSales.
7. Miscellaneous
7.1 These contractual terms are subject to German law.
7.2 The ineffectiveness or invalidity of one provision does not affect the effectiveness or validity of the remaining provisions.
7.3 If you are a retailer within the meaning of § 1 para. 1 of the German commercial code (Handelsgesetzbuch, HGB), a juristic person under public law or a special fund under public law, the courts in Freiburg are the exclusive courts of jurisdiction for all disputes resulting from or in connection with the contractual relationship in question. In all other cases, you or we can bring an action before any court that is competent in accordance with the law.
7.4 We will save the contract text and email you the order details. You can read the General Terms & Conditions here at any time. You can view your order history in your customer account.
7.5 The manufacturer of the OXID eShop Extensions is the point of contact for customer enquiries and is required to provide technical support for its extensions.
7.6 The contract language is German.