General Terms and Conditions
SAMBA+ Shop: General Terms and Conditions
Latest Version: August 2015
SerNet GmbH offers its customers the possibility to download OpenSource software packages, manuals and other digital contents for varying operating systems.
§ 1 Payment methods
Purchase of software packages and manuals and templates will be paid for up front by credit card or bank transfer or using PayPal services. The credit card- or PayPal-account will be charged when completing the purchase transaction.
§ 2 Purchase
Purchase information and invoice will be sent to the customer by email.
§ 3 Extra Terms and Conditions for SAMBA+ and Support-Budgets
For the purchase of SAMBA+ software additional Terms and Conditions apply that can be downloaded any time under the following addess: https://samba.plus/tcsambaplus.
For the purchase of SAMBA+ support additional Terms and Conditions apply that can be downloaded any time under the following addess: https://samba.plus/tcsambasupport.
§ 4 Prices and shipping costs
All prices include the respective VAT. Please read the section VAT information. Shipping charges do not apply since all documents are shipped electronically.
§ 5 Conclusion of contract for documents by SerNet Service Network GmbH
- The documents created and offered by SerNet Service Network GmbH (below: SerNet) form a legally binding offer to the customer to immediately purchase and download these documents in the given file format (XML-file, PDF-file). The documents of standards created by ISO form a legally binding offer to the customer to download these documents and use them for a defined time, meaning to rent them. The purchase and / or rental contract comes into being when the customer accepts this offer by placing his order. He orders the documents by placing them in the shopping basket, entering his personal information (email, personal address, payment information) and clicks on the order button. The documents are only available as downloads. If the download does not work due to reasons in the area of responsibility of SerNet the documents will be sent by email to the address given by the customer. There is no right to have the documents delivered by postal service, fax or similar. The customer has the right to use the downloaded data and documents for his own use. This includes the right to save these documents and / or print them. Usage beyond personal use is not permitted. Notably not permitted is copying data or documents fully or in part onto storage media to be used by third parties, saving documents and date fully or in part to create systematic collections for third parties; usage of data, complete databases, documents or parts hereof for commercial use, i.e. for sale, rental or lease to third parties. Regarding ISO-documents the customer is bound to delete them as well as all eventually created copies completely when the usage period has expired.
- Passwords that the customer receives for his own usage have to be kept confidential. If the customer passes on his password without having the permission to do so, he is responsible to reimburse SerNet for the damage inflicted to SerNet by this action. This obligation continues to apply even after termination of this contract.
§ 6 Liability
- For damages other than those of life and physical integrity SerNet is only liable if those damages have been caused by deliberation or grossly negligent behavior or culpable disregard of an essential contract clause. The duties from such essential contract clauses include for the purchase of a document the availability of a document free of defects for download. This limitation of liability does not apply to rights resulting from a guarantee given by SerNet or in the case of binding legal obligations. A liability regardless of negligence or fault of SerNet for a defect present at contract signing acc. to §536a BGB is excluded.
- SerNet has no influence on the usage of the documents and information that are being made available; the correct usage of this data is in the responsibility of the customer. The customer must inspect the data for completeness and congruence and integrity and call for expert advice if in doubt. SerNet ist not liable for damages to the customer resulting from negligence of these duties.
§ 7 Applicable law
This Terms and Conditions shall be construed according to German law. All disputes under this contractual relationship fall under German jurisdiction and law.
§ 8 Place of jurisdiction
Place of jurisdiction is Göttingen unless the customer is a tradesman, however SerNet has the right to sue at the customer's place of business.