These are the General Terms and Conditions (Online shop) of ERGOSIGN GmbH, Europa-Allee 12, D-661123 Saarbruecken (hereinafter referred to as “ERGOSIGN”). They shall apply for the Online shop at www.ergosign.de (hereinafter referred to as “Online shop”). They govern the contractual relationship between ERGOSIGN and the natural persons and legal entities (hereinafter referred to as “Customers”), who use the platform’s services or make purchases there.
Via this Online shop, ERGOSIGN sells professionally designed pictograms (so-called “icons”) that can be used in computer programs or in the Internet and are supplied in the formats: ICO,PNG or ICNS (hereinafter referred to as a whole as “software”).
The software is delivered to the Customer by transmitting a download password to the delivery e-mail address entered in the order form.
(1) All details published in the Online shop are without obligation and subject to confirmation.
(2) To purchase one of the products presented, place it into the shopping basket. Clicking on the “Checkout” button takes you to the order form on the website, which must be completed and confirmed. In the next step, fill in your credit card details, click "pay" and confirm your order in the next step by clicking "next".
By sending the order, you are submitting a binding offer to buy.
After ordering, you will be informed of your right of revocation. Further details are available in § 3.
(3) The binding order may be saved to a data carrier of your choice (e.g. on your PC’s hard drive).
You will receive an e-mail. This e-mail contains links to download the software, as well as an invoice. The links are valid for at least 14 days.
(4) After 14 days, your order with ERGOSIGN will no longer be available online.
ERGOSIGN saves and uses the details submitted in this manner to process the purchase Agreement. Where necessary to process the payment, ERGOSIGN shall in particular forward the data to the credit card company specified as well as to the company entrusted with the collection of outstanding payments.
(5) If ERGOSIGN consents to the order, it shall confirm it without delay. Confirmation will be sent to you by e-mail to the e-mail address specified by you in the order form.
The Agreement shall be deemed to have come about as soon as this confirmation has been delivered to the specified e-mail address.
(6) The Agreement shall be governed by German law. The uniform UN Convention on Contracts for the International Sale of Goods (CISG) shall be excluded.
(7) GTCs of the Buyer shall not apply.
(1) Customers, who are not purchasing software for commercial or self-employed activities have a right of revocation pursuant to the following provisions on the right of revocation/return.
(2) You may return the goods without stating reasons within one month by sending them back. This period shall commence upon receipt of this notification in text form (e.g. by letter/fax/e-mail), however not before the receipt of the goods by the consignee (in the case of recurring delivery of similar goods, not before the receipt of the first part delivery), nor before fulfillment of our duty to inform pursuant to § 312c Para. 2 German Civil Code (BGB) in conjunction with § 1 Paras. 1, 2 and 4 German Civil Code Ordinance on the duty to supply information (BGB-InfoV), as well as our duties pursuant to § 312e Para. 1 (1) BGB in conjunction with § 3 BGB-InfoV. Only in the case of goods that are not suitable for dispatch by parcel (e.g. in the case of bulky goods), may the return of goods also be declared in writing by requesting that the goods be taken back. A timely dispatch of the goods or the request to take back the goods shall suffice in order to comply with the deadline. In any case, the return of the goods shall be at our risk and for our account. The goods or the request for them to be take back must be sent to:
ERGOSIGN GmbH, Europa-Allee 12, D-66113 Saarbruecken
Should you request that the goods be taken back, they will be collected from your premises.
(3) In the event of an effective return, any contributions received by either party must be returned and, where applicable, any benefits received (e.g. from use) are to be surrendered. In the event that the goods have deteriorated, compensation may be demanded. This shall not apply if the deterioration of the goods is exclusively attributable to their examination – as would have been possible for you in a shop. For the rest, you may avoid any duty to provide compensation for any deterioration of the goods caused by the intended use, by not using the goods as your own property and refraining from all actions that may affect their value. Obligations to refund payments must be met within 30 days. This period shall commence for you upon dispatch of the goods or the request to take back the goods, and for us upon receipt.
(4) The right of revocation shall however lapse,
– in the case of software made available for download, upon commencement of the software download.
(5) The right of revocation shall expire at the latest six months after the receipt of the contractual software or, in the case of Agreements relating to recurring deliveries (Update Agreements), six months after the receipt of the first delivery to the place stipulated by the Customer. This shall apply in particular if the rescission period has not commenced owing to insufficient or belated notification pursuant to § 3 (3). This shall not apply if the Customer has not been duly informed of his right of revocation.
(1) You will receive the contractual software in the sizes 48, 32, 24 or 16px and in the following formats:
(2) The software is delivered by transmitting a download password to the delivery e-mail address stipulated in the order form.
(3) The installation of the software shall not form part of the Agreement.
(1) Upon payment of the agreed one-off fee, ERGOSIGN shall guarantee the Buyer a non-exclusive, non-sublicensable right to use the software without limitations with regards time and space.
(2) Copyright and other proprietary notices within the software may not be removed or changed. They are to be transferred to all copies of the software.
(3) The software may only be resold if the Buyer integrates it into an own product (Website, own software). The resale of the software either in whole or in part without integration into a product created by the Buyer is not permissible.
(4) If the third-party to whom you are passing on the software is a service enterprise to which you outsource your data processing, this service enterprise shall only be entitled to use the software exclusively for you. The transfer of the rights of use to this third-party company shall not give rise to any contractual relationship between the Supplier and the third-party company.
(1) All prices displayed are exlusive of statutory sales tax.
(2) The prices for updates may be increased once per year subject to 2 months’ prior notice. The Customer is entitled to terminate the update agreement by serving one month’s notice to the date of the price increase.
(3) If necessary, ERGOSIGN shall be entitled to forward the data transmitted to third parties for collection purposes (c.f. also § 2 (5)).
(4) ERGOSIGN reserves the right to the objects of the Agreement until they have been paid in full. ERGOSIGN shall in particular be entitled, if it withdraws from the Agreement owing to default on the part of the Customer, to prohibit the further use of the software and to demand the return of all copies or their deletion where their return is not possible. If, prior to complete payment for the contractual software, a third party avails itself of the conditional goods, the Buyer shall be under obligation to notify the said third party of the Supplier’s reservation of title and to notify the Supplier immediately in writing of the third-party access.
(1) On downloading, you shall receive the software free of any material defects and defects in title.
(2) A material defect shall be deemed to exist if the software is not suitable for use as described in the documentation contained in this Internet presentation.
(3) A defect in title is deemed to exist if the rights needed for the contractually intended use have not been granted effectively following download.
(4) Claims owing to material defects and/or defects in title affecting the software shall come under the statute of limitations after a period of two years.
Upon expiry of the period of limitation, payment of the fee may be refused provided that you are entitled to this on the basis of withdrawal or reduction.
(5) The period of limitation shall commence upon delivery of the software package or, in the case of a download agreement, once you have received the download password.
(6) You are under obligation to notify the Supplier of any defects immediately following their discovery, if possible in writing. In doing so, you should in so far as possible also state the nature of the defect as well as the circumstances in which it occurs.
(7) If the Supplier is notified of defects during the period of limitation, the Supplier shall remedy these free of charge (subsequent performance).
(8) Within the scope of subsequent performance, the corrected software will be delivered to you again in the agreed way. Error analysis and elimination will not take place on your office system.
ERGOSIGN shall bear any costs arising in connection with subsequent performance. You shall be responsible for installing the software. Within the framework of its obligations in the case of material defects and defects in title, ERGOSIGN shall in particular not install the software on your premises.
(9) Following the fruitless expiry of a period of grace stipulated by you, during which subsequent performance is to take place, you shall be entitled to withdraw from the Agreement or reduce the purchase price and demand damages in lieu of performance or the reimbursement of fruitless expenditures.
(10) The Buyer need not set a period of grace if
Subsequent improvement is deemed to have failed following a second unsuccessful attempt, unless something should arise to the contrary, in particular from the type of software or defect or other circumstances.
(11) You shall not be entitled to withdraw from the Agreement if the defect is deemed to be insignificant. Nor may you claim damages in lieu of the entire performance in this case.
(12) The warranty obligation shall lapse if the software is modified without explicit written approval, or if the software is used for purposes or in a software environment other than those intended, unless you are able to prove that this is in no way connected with the occurring defect.
(13) ERGOSIGN ensures that the contractual use of the software by the Buyer does not in any way conflict with third-party rights. In the case of defects in title, ERGOSIGN ensures that it shall at its option provide the Buyer with a legally sound use option to the software or equivalent software.
(14) The Buyer shall notify ERGOSIGN without delay in writing if any third parties assert property rights (e.g. copyright or patent rights) to the software against it. The ordering party authorizes ERGOSIGN to handle the dispute with the third party on its own. As long as ERGOSIGN makes use of this authorization, the Buyer may not of its own accord recognize third-party claims without the approval of ERGOSIGN.
(1) ERGOSIGN’s liability for damages on whatever legal grounds shall be limited in accordance with § 8 below.
(2) The liability of the Supplier for damages caused willfully or through gross negligence by the Supplier or one of his vicarious agents or legal representatives shall be unlimited.
(3) In the case of damage resulting from the loss of life, physical injury or damage to health, the liability of the Supplier shall be unlimited, even in the case of an ordinarily negligent breach of duty on the part of the Supplier or one of his legal representatives or vicarious agents.
(4) Liability shall also be unlimited for damages attributable to gross organizational fault on the part of the Supplier, as well as for losses caused by the absence of guaranteed quality.
(5) In the event of a material breach of contractual obligations, ERGOSIGN’s liability shall be limited to the anticipated loss typical to agreements of this kind, provided that none of the cases 8 (2) through 8 (4) are involved.
(6) All other liability for damages shall be excluded, in particular strict liability.
(7) This shall not affect liability in accordance with the Product Liability Act.
(8) If damage is attributable to the fault of both the Supplier and the Customer, the Customer must have his contributory negligence factored in.
(1) These GTC are written in English and in German. In case of doubt the German version shall be binding.
(2) The Customer can only offset claims of the Supplier against undisputed or legally established claims.
(3) If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction shall be Saarbruecken.
(4) Any amendments or supplements to this Agreement must be effected in writing. This applies also to the amendment of this provision.
Saarbruecken, July 31, 2008