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General Terms & Conditions

5. Passing of Risk and Liabilities

The risk of accidental loss or damage passes to the customer, once the shipment has been transferred to the delivery service, regardless of which party is paying the transportation costs.

8. Right to Return for Consumer Purchase

H&M System Software GmbH grants only to natural persons, who enter into an agreement for purposes that cannot be associated with that individual's business or self-employed profession, a right to return, as may be mandated by mail-order laws.

Consumers who exercise their right to return shall no longer be bound by their order, if they return the goods within 2 weeks of receipt at the expense and risk of H&M System Software GmbH. The return period is satisfied by a timely return to:

H&M System Software GmbH
Senefelderstr. 16
D-63322 Rödermark
Germany

H&M System Software GmbH reserves the express right to damages, in the case the item is in poor condition (e.g., soiled or damaged goods, removal of labels, damaged product container). This may lead to your obligation to pay the full purchase price. Claims against you for damages may also apply in case of a loss, unless the loss occurred during the return delivery.

Definitely keep complete records that prove the proper return shipment.

Postage due shipment will not be accepted. Upon receipt of the goods, H&M System Software GmbH will promptly refund your purchase price and return shipping cost, either by crediting your account or by making a payment, based on your choice. H&M System Software GmbH will not pay any excess cost of courier services and other uncommon shipping methods, beyond the cost of regular postage.

If you notice any damage to the goods upon delivery, you are required to file your complaint directly with the post office or delivery service and have them document the claim. Filing a claim is even necessary, if the shipping container appeared undamaged and you noticed the damaged goods only after unpacking. Notify H&M System Software GmbH promptly by submitting the claim you had filed. Upon receipt of the documents and the returned goods, you will be sent a replacement without delay.

6. Retention of Title

H&M System Software retains title on the purchased item until all obligations arising out of the delivery contract, including any supplemental obligations, have been paid in full. For commercial customers H&M System Software GmbH will retain title, until the customer has settled all her outstanding receivables.

3. Availability and Confirmation of Your Order

The receipt of your order does not bind H&M System Software GmbH to accept your offer to enter into an agreement. Instead, H&M System Software GmbH reserves the right to refuse any order.

All orders are conditional on the availability of the software and may be subject to geographical and export restrictions.

1. General Provisions

You have the option to purchase our products from our store. Your order is governed by separate terms of use, subject to a right of refusal by the consumer, of which you will be notified prior to the order.

All legal relations arising out of the use of our services shall be governed by the laws of the Federal Republic of Germany.

All deliveries and services are governed exclusively by these General Terms and Conditions. Deviations, additional agreements and representations of any form shall be made in writing or require an express written confirmation.

2. Limited Software License

After your acceptance of the license agreement and ordering the software, H&M System Software GmbH grants you a non-exclusive license to use the software, subject to your agreement to the conditions contained herein.

The software remains intellectual property of H&M System Software GmbH.

The use of the software downloaded from or made available through this web site is subject to the provisions of copyright law and to the software license agreement included or transmitted with the software. The download or installation of the software is only permitted after you have read the terms of the software license agreement and agreed to be bound by it.

Rödermark, 27th January 2014

7. Warranty / Limitation of Liability

H&M System Software GmbH warrants for a period of 24 months from the receipt of the purchased item that it will substantially perform in accordance with the documentation.

H&M System Software GmbH's warranty does not apply to defects or damages based on inappropriate or unsuitable use, disregard of maintenance practices, or incorrect or negligent handling of the purchased item.

You are required to inspect the purchased item, including any manuals or other documents, for obvious defects, that would be apparent to the average customer. Obvious defects include missing or incomplete manuals as well as substantial, easily visible, damage to the storage medium that contains the purchased item. A claim for such obvious defects has to be made to the dealer or H&M System Software GmbH in writing within four weeks of receipt of the purchased item. For commercial customers, §§ 377, 378 HGB shall also apply.

Defects that only become apparent at a later time have to be reported to the dealer or H&M System Software GmbH within four weeks of them being noticed.

In case of a violation of the inspection and reporting requirement, the purchased item is deemed to have been accepted with respect to that specific defect.

In case H&M System Software GmbH learns of a defect in the purchased item for which she bears responsibility, H&M System Software GmbH has the option the cure the defect or to provide a replacement free of charge. If the defect cannot be cured in a reasonable amount of time, or if the correction of replacement failed for other reasons, you have the option to ask for a reduced price or may cancel the order. A correction shall only be considered as failed,

a)

if H&M System Software GmbH had been granted ample opportunity to cure the defect or provide a replacement,

without the desired outcome having been accomplished,

b)

if the opportunity to cure the defect or provide a replacement had been provided, but H&M System Software GmbH

refused or unreasonable delayed action,

c)

if there is good reason to doubt the likelihood of any success, or

d)

if it is deemed unacceptable for other reasons.


H&M System Software GmbH disclaims any liability for simple negligence, with the exception of claims of personal injury to life, body or health, or claims in accordance with product liability laws. The disclaimer shall also not apply to substantial breach of contract. The aforementioned is also applicable to similar breaches of duty by agents of H&M System Software GmbH.

With the exception of personal injury to life, body or health, or claims in accordance with product liability laws, H&M System Software GmbH shall not be liable for consequential damages, unless the damage was intentional or due to gross negligence.

4. Adjusting the Order

H&M System Software GmbH will choose a suitable form of delivery, shipping method, and the delivery service, unless the customer has given express instructions. The customer will bear any additional costs arising out of their instructions.

H&M System Software GmbH reserves the right to adjust your order to allow for shipping cost, fees or taxes, especially sales tax or V.A.T. In such a case you may cancel your order.

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General Terms & Conditions

9. Performance / Jurisdiction

Rödermark shall be considered the place of performance for either party's obligations arising out of the agreement, including any warranty and refund claims.

For legal persons, incl. commercial or public entities, this agreement shall be enforceable solely at the Darmstadt court, Federal Republic of Germany.