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General Terms and Conditions

for Business Customers

Translation notice: This English version has been machine-translated for information purposes only. In the event of any discrepancies, ambiguities or differences in interpretation, the German version shall prevail. The legally binding version is the German version.

1. Scope

1.1 These General Terms and Conditions apply exclusively to deliveries and services provided by tag & code, Wilhelm Polmann, to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), legal entities under public law and special funds under public law. The conclusion of contracts with consumers within the meaning of Section 13 BGB is excluded.

1.2 In addition to these General Terms and Conditions, the license terms enclosed with or associated with the products shall apply, unless a deviating individual agreement has been made.

1.3 Business customers within the meaning of these General Terms and Conditions are entrepreneurs within the meaning of Section 14 BGB, i.e. natural or legal persons or partnerships with legal capacity who, when concluding the legal transaction, act in the exercise of their commercial or independent professional activity. Consumers within the meaning of Section 13 BGB are excluded from concluding contracts.

1.4 During the order process, the customer confirms that he is acting as an entrepreneur within the meaning of Section 14 BGB and is not ordering as a consumer within the meaning of Section 13 BGB.

2. Contractual Partner

The purchase contract is concluded with:

tag & code
Wilhelm Polmann
Dorfstr. 8a
86459 Gessertshausen
Germany

You can reach our customer service for questions, complaints and objections on working days from 9:00 a.m. to 12:00 p.m. by telephone at 0049-(0)8238-9469933 or by e-mail at info@tag-code.com.

Orders can only be accepted from business customers. Activation keys, license files and other digital services will only be provided after successful verification of the customer's entrepreneurial status, in particular by submitting a valid VAT identification number or comparable proof.

3. Offer and Conclusion of Contract

3.1 The product descriptions contained in the online shop do not constitute binding offers by tag & code, but serve for the submission of a binding offer by the customer.

3.2 The customer may submit an offer using the online order form integrated into the online shop. After placing the selected goods, software licenses and/or digital services in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer relating to the products contained in the shopping cart by clicking the button that completes the order process. The customer may also submit the offer to tag & code by post, e-mail, fax or telephone.

3.3 An automatically generated confirmation of receipt of the order does not constitute acceptance of the contractual offer. This also applies if a payment is already initiated or processed as part of the order process.

3.4 tag & code may accept the customer's offer within five days after successful verification of the customer's entrepreneurial status,

by sending the customer a written order confirmation or an order confirmation in text form, for example by e-mail, or
by providing the customer with the ordered activation keys, license files, software downloads or other digital services.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first.

3.5 If the customer's entrepreneurial status cannot be successfully verified or if there are other reasons preventing acceptance of the offer, tag & code may reject the offer. Any payments already made will be refunded without undue delay in this case.

3.6 If tag & code does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the customer is no longer bound by his declaration of intent.

3.7 The exclusive contract language is German.

4. No Right of Withdrawal for Business Customers

4.1 The online shop is directed exclusively at business customers. The conclusion of contracts with consumers within the meaning of Section 13 BGB is excluded.

4.2 Business customers do not have a statutory right of withdrawal. A contractual right of withdrawal exists only if tag & code expressly grants such a right in writing in an individual case.

5. Prices and Provision Costs

5.1 The prices stated on the product pages are net prices. Statutory VAT will be charged additionally where legally applicable.

5.2 For deliveries and services to entrepreneurs within the European Union outside Germany, the reverse charge procedure may apply if the statutory requirements are met.

5.3 tag & code currently does not charge any shipping or provision costs for the electronic provision of activation keys, license files, software downloads and other digital services. Any deviating costs will be shown in the shopping cart system and on the order page.

6. Provision of Digital Services

6.1 Provision is made to business customers within the countries specified in the online shop.

6.2 For EU business customers outside Germany, a valid VAT identification number is required where necessary for the tax treatment of the service.

6.3 Activation keys, license files, software downloads and other digital services are generally provided within 24 hours after receipt of payment and successful verification of the customer's entrepreneurial status. Any deviating provision times will be indicated on the respective product page.

6.4 Unless otherwise stated, provision is made electronically by e-mail, download link, customer account or other electronic transmission.

7. Payment

7.1 Payment may be made in advance, by credit card, PayPal or on invoice, provided that the respective payment method is offered in the online shop.

7.2 If payment in advance is selected, we will provide our bank details in the order confirmation. The ordered digital services will be provided after receipt of payment and successful verification of the customer's entrepreneurial status.

7.3 In the case of payment by credit card, PayPal or other payment service providers, the terms and conditions of the respective payment service provider shall apply additionally.

7.4 The customer shall only be entitled to offset claims if his counterclaims have been legally established, are undisputed or have been acknowledged in writing by tag & code.

7.5 The customer may only exercise a right of retention insofar as the claims arise from the same contractual relationship.

8. Rights of Use

8.1 Rights of use to software, activation keys, license files, software downloads and other digital services are granted only after full payment and successful verification of the customer's entrepreneurial status, unless otherwise agreed.

8.2 The scope of the rights of use granted is determined by the respective product descriptions, license terms and any individual contractual agreements.

8.3 The customer is obliged to protect activation keys, license files and access data against unauthorized access by third parties. Disclosure to third parties is only permitted insofar as this is allowed by the respective license terms or by an express agreement.

8.4 Until full payment has been made, any physical goods delivered, if such goods are delivered in an individual case, shall remain the property of tag & code.

9. Liability for Defects

9.1 Liability for defects is governed by the statutory provisions, unless otherwise stipulated below.

9.2 For business customers, the limitation period for claims based on defects shall be one year from the provision of the digital service or from delivery of the goods.

9.3 The shortening of the limitation period shall not apply in cases of mandatory statutory liability, fraudulent concealment of a defect or intentional or grossly negligent breach of duty.

9.4 If the customer is a merchant within the meaning of the German Commercial Code (HGB), the duty to inspect and give notice of defects pursuant to Section 377 HGB shall apply.

9.5 The customer is obliged to describe identifiable defects, malfunctions or deviations as comprehensibly as possible and to provide tag & code with the information required for examination.

10. Liability

10.1 tag & code shall have unlimited liability in cases of intent and gross negligence.

10.2 In the event of a slightly negligent breach of essential contractual obligations, tag & code shall only be liable for the typical, foreseeable damage. Essential contractual obligations are those obligations whose fulfillment is necessary for the proper performance of the contract and on whose compliance the customer may regularly rely.

10.3 In all other respects, liability is excluded to the extent permitted by law.

10.4 Mandatory statutory liability provisions, in particular under the German Product Liability Act, shall remain unaffected.

10.5 Liability for indirect damages, consequential damages, loss of profit, production downtime, project delays or additional expenses incurred by the customer is excluded to the extent permitted by law.

11. Review of Processing Results, System Requirements and Data Backup

11.1 The customer is advised to review the results generated by the software for completeness, accuracy and suitability for the intended purpose before any further use, publication, disclosure or productive use.

11.2 Automated processing results may vary depending on the source material, file structure, system settings and processing functions used.

11.3 The customer is advised to create suitable backup copies of the original files and other relevant data before processing files with the software.

11.4 The customer should ensure that the technical requirements for using the software are met in accordance with the product descriptions, system requirements and license terms.

11.5 In the event of data loss, tag & code's liability shall, to the extent permitted by law, be limited to the restoration effort that would have been incurred if an appropriate data backup had been available.

12. Order Process and Contract Text

12.1 Once the customer has found the desired product, he may place it in the shopping cart without obligation by clicking the “Add to cart” button. The customer may view the contents of the shopping cart at any time without obligation by clicking the “Shopping cart” button. Products may be removed from the shopping cart at any time by clicking the “Remove” icon.

12.2 If the customer wishes to purchase the products in the shopping cart, he clicks the “Checkout” button. The customer then enters his data. Mandatory information is marked with an “*”. Before submitting the order, the customer may review and correct his entries.

12.3 By clicking the “Buy” button, the customer submits a binding offer to conclude a purchase contract for the products contained in the shopping cart. The process may be cancelled at any time before submitting the order by closing the browser window.

12.4 The contract text is stored by tag & code. The General Terms and Conditions may be viewed at any time on this page. The order data and the General Terms and Conditions will be sent to the customer by e-mail. After completion of the order, the contract text will no longer be accessible via the Internet for security reasons.

13. Data Protection

Information on the processing of personal data can be found in our Privacy Policy.

14. Final Provisions

14.1 The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).

14.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and tag & code shall be the registered office of tag & code, to the extent permitted by law.

14.3 Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.