§ 1 - Scope, Definitions
- To the business relations between Richtwerk GmbH (hereinafter "Offeror") and the customer (hereinafter "Customer"), the General Terms and Conditions below as amended from time to time shall solely apply. Diverging Terms and Conditions of the Customer shall not be accepted unless the Offeror explicitly accepts their validity.
- The Customer is a consumer unless the purpose of the ordered supplies and services can be allocated to his or her commercial or self-employed professional activity. In contrast, entrepreneur means any natural or legal person or a legal partnership that, when contract is entered into, acts by exercising their commercial or self-employed professional activity.
- Upon conclusion of the contract, the Customer assures being an entrepreneur as defined above when creating contractual relations with the Offeror.
§ 2 - Conclusion of the Contract
- The Customer may select products and services from the assortment and collect them in what is called a basket by using the "Buy" button. By using the "Check out" button, the Customer makes a binding offer to purchase the goods in the basket. Prior to submitting the order, the Customer can change and view the data at any time. The offer can only be made and submitted if the Customer has accepted these Terms and Conditions and by clicking the "Accept Terms and Conditions" button and incorporated them into his or her offer.
- The contract shall be concluded if the Offeror declares acceptance of the offer to the Customer. This is carried out via email, the so-called "Order Confirmation".
§ 3 - Prices and Shipping Costs
All given prices, including those in the order confirmation, shall be non-binding. In case of substantial changes in the factors determining the prices prior to definite acceptance of the order, a corresponding adjustment to such changes shall be reserved.
§ 4 - Payment Terms
- The Customer may make payment by credit card, advance payment or PayPal.
- Payment of the purchase price shall be due directly upon conclusion of the contract.
§ 5 - Delivery
If the Customer chooses payment by credit card, required access to the online application will be effected immedietly, latest within 24 hours via the email address that the customer indicated.
§ 6 - Subject Matter of the Agreement
- The subject matter of this contract is the access of the online service indicated in the order confirmation, including the associated user documentation ("Contractual Software") and granting of the utilization rights described in item 7.
- The offeror shall make the contractual access available for the customer on its homepage (http://www.DCPtools.com). The user name required for logging into the protected area of its website and the relevant password shall be created by the customer.
- The quality and functionality of the contractual access shall be exclusively determined in the order confirmation and the product description. The details contained therein shall be understood as service descriptions and not as guarantees.
- Installation and configuration services shall not be a part of the contract. Neither shall checking data or files (e.g. server certificates) which the offeror takes over without modification from the customer or third parties (e.g. databases) and which it uses for the customer, be a part of the contract.
§ 7 - Granting of Rights
- The Customer shall be granted a non-exclusive use for a definite period of time or volume to use the contractual online access. The admissible use shall comprise access to the contractual online system and the use by the customer for the intended purpose. The activation as well as the type and extent of use shall be determined by the order confirmation.
- The Customer shall, in no case, be entitled to rent the acquired contractual online acess or to sublicense it in any other way, to publicly display them wired or wireless or to make them accessible or to make them available to third parties against payment or free of charge.
- Copyright notices, serial numbers and any other features serving software identification must not be modified or removed from the contractual online system.
§ 8 - Material Defects Warranty, Guarantee
- The offeror shall be liable for material defects pursuant to the applicable statutory provisions, including but not limited to Sections 434 et seqq. of the German Civil Code (BGB). The warranty duty of the offeror shall be limited to the usage time or usage amount during buying.
- Claims for damages relating to defects due to intentional or gross negligent infringement of duties on the part of the Offeror, a legal representative (gesetzlicher Vertreter) or person used to perform any obligations (Erfüllungsgehilfe) for injury to life, body or health, for guaranteed quality feature or defects that have been fraudulently concealed, and breach of fundamental contractual obligations (cardinal obligations - Kardinalpflichten; cf. item 9 no. 1) and claims under the German Product Liability Act (Produkthaftungsgesetz), the statutory limitation periods shall apply.
- The Offeror shall only provide an additional guarantee if such guarantee was explicitly given in the order confirmation for the relevant item.
§ 9 - Liability
- Claims for damages of the Customer are excluded. Exceptions shall be claims for damages of the Customer for injury to life, body, health or breach of fundamental contractual obligations (cardinal obligations - Kardinalpflichten) and liability for other damage based on intentional or gross negligent infringement of duties on the part of the Offeror, its legal representatives (gesetzlicher Vertreter) or persons used to perform its obligations (Erfüllungsgehilfe). Fundamental contractual obligations shall refer to such obligations whose performance is required to achieve the objective of the Contract.
- The amount of liability shall be limited to foreseeable damage typical of such a contract.
- The restrictions of paragraphs 1 and 2 shall also apply toward the legal representatives (gesetzlicher Vertreter) or persons used to perform its obligations (Erfüllungsgehilfen) of the Offeror if claims are asserted directly against them.
- The provisions of the German Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.
§ 10 - Information on Data Processing
- The Offeror collects data of the Customer within the course of carrying out contracts. It adheres to, inter alia, the provisions of the German Federal Data Protection Act (Bundesdatenschutzgesetz) and the German Tele Media Act (Telemediengesetz). Without the prior approval of the Customer, the Offeror will only collect, process or use inventory data and data on usage to the extent required to carry out the contract and to enable the use and invoice of telemedia.
- Without the Customer's prior approval, the Offeror will not use data of the Customer for advertising, market research or opinion polling purposes.
§ 11 - Final Provisions
- Contracts concluded between the Offeror and the Customer shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on the Sale of Goods.
- If the Customer is a merchant, a legal body under public law or special fund under public law, the place of jurisdiction for all disputes arising out of contract relations between the Customer and the Offeror shall be the headquarters of the Offeror.
- Including but not limited, conventional telephony and submission of information via Internet shall be deemed communications channels. For transparent and purpose-oriented communications, the parties intend, as a rule, to communicate by email. The parties shall encrypt or sign electronic messages or data only if explicitly agreed in writing. In the event that any indicators for potential interferences regarding correspondence by email become apparent, the parties shall be obligated to immediately take any required measures and to immediately inform the other party.
- The remaining parts of the Contract shall remain binding even if individual items are invalid. The invalid items shall be replaced by the statutory provisions if available. If this would result in unreasonable hardship to a party, the contract shall become invalid it its entirety.
We collect and use your personal data only under the provisions of the data protection law of the Federal Republic of Germany. In the following we inform you about the type, scope and purpose of the collection and use of personal data. You can retrieve this information on our website at any time.
Data transfer and recording to internal and statistical purposes
Your Internet browser automatically transmits during access to our website for technical reasons data to our web server. These are among others, the date and time of access, URL of the referring website, retrieved file, amount of data sent, browser type and version, operating system and your IP address. This data is separated from other data that you enter while using our website. A mapping of this data to a particular person is not possible for us. This data is used for statistical purposes and then deleted.
If we establish a contractual relationship to you, we collect and use personal information about you to the extent necessary for those purposes.
If the competent authorities requests, in individual cases we have to inform about such data (inventory data) for the purposes of law enforcement, security, to fulfill the statutory duties of the constitutional protection authorities or the military or for the enforcement of intellectual property rights.
We collect and use personal information about you, to allow the use of our website (usage data). These particular features of your identification and indication of the beginning and end and the extent of use of our website.
If the competent authorities requests, in individual cases we have to inform about such data (Usage data) for the purposes of law enforcement, security, to fulfill the statutory duties of the constitutional protection authorities or the military or for the enforcement of intellectual property rights.
Right to information
As a user of our site you have the right to request information from us theses data's about your person or your pseudonym. At your request, the information may be provided electronically.
Managing Director: Richard Kummeth
Phone: +49 8841 99579
Registered Office: Murnau
Register court Munich
Register number: HRB 148732
Sales tax identification number: DE172185378
Limitation of liability for internal content
The content of our website has been compiled with meticulous care and to the best of our knowledge. However, we cannot assume any liability for the up-to-dateness, completeness or accuracy of any of the pages.
Pursuant to section 7, para. 1 of the TMG (Telemediengesetz - Tele Media Act by German law), we as service providers are liable for our own content on these pages in accordance with general laws. However, pursuant to sections 8 to 10 of the TMG, we as service providers are not under obligation to monitor external information provided or stored on our website. Once we have become aware of a specific infringement of the law, we will immediately remove the content in question. Any liability concerning this matter can only be assumed from the point in time at which the infringement becomes known to us.
Limitation of liability for external links
Our website contains links to the websites of third parties („external links“). As the content of these websites is not under our control, we cannot assume any liability for such external content. In all cases, the provider of information of the linked websites is liable for the content and accuracy of the information provided. At the point in time when the links were placed, no infringements of the law were recognisable to us. As soon as an infringement of the law becomes known to us, we will immediately remove the link in question.
The content and works published on this website are governed by the copyright laws of Germany. Any duplication, processing, distribution or any form of utilisation beyond the scope of copyright law shall require the prior written consent of the author or authors in question.