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End-User Information
To the extent that - having browsed our Internet site - you decide to order goods online that are neither attributable to your commercial nor your self-employed business activities, we would like to advise you of the following:
1.
The individual steps by which a contract is concluded are set forth in § 2 of the Terms and Conditions and Terms of Use for Map Creator 2.0.
2.
The purchase order form is displayed to the customer before it is submitted and the customer may make corrections, if necessary.
3.
The contract may be concluded using an English or a German language document version.
4.
The identity and the address of the vendor are indicated on the purchase order form and are included in our Terms and Conditions and Terms of Use for MapCreator 2.0.
5.
Please refer to the product descriptions available from our Internet site for the significant characteristics of the goods we offer and the availability of offers that are valid only for a limited period of time.
6.
The presentation of our goods does not constitute a binding offer on our part. A binding offer does not exist until you order goods (§ 145 German Civil Code). A contract with us is concluded when we either accept and confirm your purchase order by e-mail or ship the goods to your address.
7.
To the extent that a defect exists that is covered by warranty obligations on our part, you have the right to demand subsequent performance subject to statutory provisions. When a period of not less than 2 (two) weeks has expired and the defect has not been removed, you may either rescind the agreement, or reduce the purchase price and claim damages. The limitations period for warranty claims regarding the goods shipped is 2 (two) years from receipt of the goods.
8.
In the event the goods you ordered are unavailable, we reserve the right to refuse performance of the contract.
9.
The prices quoted are final retail prices, including sales taxes. The shipping and handling charges will be treated and shown as separate items on the invoice. The mode of payment is shown on the applicable purchase order form.
10.
You have the right to revoke the contract:
I.
If you order software products online in your capacity as a consumer, i.e., you are not acquiring the goods for either your commercial or your self-employed business activities, we would like to advise you of your right to revoke the contract as set forth in the following Cancellation Clause.
II.
Supply of software on data media
a)
If you are a consumer and order for a purpose that is not attributable to either your commercial or your self-employed business activities, you have the right to revoke the contract concluded by and between you and us without stating reasons within a period of 2 (two) weeks from receipt of the goods. The contract must be revoked by written notice (e.g., by mail, telefax, or e-mail) addressed to info@primap.com or to primap software, Herbert Haas, Max-Beckmann-Str. 25, 76227 Karlsruhe, Germany. The two-week revocation period begins to run upon the arrival of the software at your site, subject to the condition precedent that we have complied with our information duties pursuant to § 312 c par. 2 German Civil Code (“Consumer Information”) by that date. Otherwise the period for revocation and the return of goods begins to run as soon as there has been compliance with the consumer information obligation. Compliance with the consumer information obligations is deemed to have occurred when the information contained in this document has been made available to you.
b)
Upon an effective revocation of the contract, we are obligated to refund any compensation that we may have received from you and you are obligated to return the goods, provided, however that the goods have been shipped as a mail package. The return shipment is at our risk and cost. However, if the gross value of the goods is less than EUR 40.00 or if the value is higher, but you have not effected full payment or a certain partial payment, as set forth in the respective contract, by the date the contract is revoked, you will be liable for the return shipment cost unless the goods supplied do not conform with the goods ordered. Please return any goods to:
c)
In case of the deterioration or loss of the goods you are liable for damages, including when you revoke the contract. The right to revoke the contract exists notwithstanding your claims based on defects as to quality or defects in title, to the extent that such defects exist.
d)
However, the right to revocation expires
- regarding a contract for the supply of software stored on a data medium as soon as the sealed package in which the data medium was supplied is opened (e.g., by removing the shrink wrap foil).
III. Software transfer by providing a license key and download
a)
If you wish to acquire a medialess license (license key and download), you also have the right to revocation, provided, however, that you are a consumer. The contract must be revoked by written notice (e.g., by mail, telefax, or e-mail) to info@primap.com or to primap software, Herbert Haas, Max-Beckmann-Str. 25, 76227 Karlsruhe, Germany. In this case, the two-week revocation period begins to run upon conclusion of the contract, however, not before we have complied with our information duties pursuant to § 312 c par. 2 German Civil Code (“Consumer Information”). Compliance with the consumer information obligations is deemed to have occurred when we make this information available via the link “Consumer Information” for storing or printing before you submit your purchase order.
b)
Please note that the two-week revocation period begins to run upon conclusion of the contract and receipt of the information. However, the right to revocation expires
- when a license key is provided for downloading software: When we mail the license key with your prior consent – prior to the end of the revocation period – to you.
- regarding software that is made available for download without a license key: If you start the software download prior to the end of the revocation period.
Once you have started the download or you are able to use the software upon receipt of the license key, you may no longer revoke the contract.
c)
If you have validly exercised your right to revocation, we will refund the compensation that we may have received from you by such date.
11.
We will store any data required for performing the contract concluded by and between you and us, and you may access such data at any time. Please refer to the data protection provisions in our Terms and Conditions and Terms of Use for MapCreator 2.0.
12.
For all other questions, please refer to our Terms and Conditions and the Terms of Use for MapCreator 2.0.
13.
Complaints should be directed to info@primap.com or to our address indicated in the Terms and Conditions and Terms of Use for MapCreator 2.0.
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