General Terms and Conditions of Business of the online store Emulation S.Hein at www.emulation.me
Section 1 General principles and scope
1. All business dealings between
Owner Sascha Hein
79106 Freiburg im Breisgau
– referred to hereinafter as “Emulation/eLab” –
relating to products and services from Emulation S.Hein by the customers via the online store at the website www.emulation.me, shall be subject to the following General Terms and Conditions of Business – referred to hereinafter as GTC – in their latest version.
2. Confirmation of registration at www.emulation.me is equivalent to acknowledgement by the customer of the validity of these terms and conditions. All services provided by Emulation S.Hein are provided exclusively on the basis of these GTC. Any deviating GTC of the customer shall not be recognized unless Emulation S.Hein has agreed to them explicitly.
3. Individual case-by-case agreements made with the customer (including ancillary agreements, additions and amendments) have priority over these terms and conditions and must be made in writing. Legally significant declarations and notifications to be provided by the customer to Emulation S.Hein after conclusion of contract (e.g. deadlines, notification of defects, declaration of withdrawal or reduction), must also be made in writing to be valid.
4. Emulation S.Hein is entitled to amend the contents of these General Terms and Conditions of Business at any time, without citing reasons, but subject to the customer’s agreement, providing the amendment is acceptable to the customer and having due regard to the interests of Emulation S.Hein. Emulation S.Heinshall notify amendments to the customer in good time by email. Consent to the amendment shall be considered granted if the customer does not object to said amendment within one month of receiving notification of the amendment. Emulation S.Hein undertakes to notify the customer of the consequences of failure to state any objection at the same time as it provides notification of the amendment. If the customer makes use of his right to object, the amendment shall be considered rejected and the existing version of the GTC shall remain valid with no changes. The right of Emulation S.Hein to terminate the agreement shall not be affected by this.
5. Emulation S.Hein offers his products and services exclusively for commercial use by e.g. businesses and public-sector bodies. The customer declares that he acts as, or on behalf of, a business, i.e. in the exercise of a commercial or independent professional activity, or on behalf of a public-sector body.
Section 2 Registration
1. Emulation S.Hein makes it possible for the customer to register for a customer account (“Account”). Registration is free of charge and does not give rise to any obligation to use further services provided by Emulation S.Hein. It shall not give rise to any entitlement to access the services provided by Emulation S.Hein. Only persons with unlimited legal capacity are eligible to participate.
2. In order to register, the customer completes the electronic form available at www.emulation.me and sends it to Emulation S.Hein. The data required for registration are to be provided by the customer, truthfully and in full.
3. Customer registration shall not give rise to any obligations whatsoever other than acknowledging the validity of these General Terms and Conditions. The customer may request deletion of personal data at any time.
4. The customer is responsible for updating personal data himself/herself as need be.
Section 3 Effective conclusion of contract
1. Offers made by Emulation S.Hein at www.emulation.me or anywhere else are without engagement and non-binding.
2. An order placed by the customer represents a binding offer. A contract shall only be deemed concluded upon acceptance of the offer and provision of the service by Emulation S.Hein.
Section 4 Prices and terms of payment
1. The prices applicable are those quoted at www.emulation.me or on other Emulation S.Hein websites, plus the statutory VAT applicable at the time of ordering.
2. Customers may pay via the heidelpay facility. Other than this, Emulation S.Hein has no influence on the payment process of third-party providers. Other personal data may be collected depending on the data protection provisions of heidelpay GmbH.
3. The customer also undertakes to pay sums owing due to use of the customer account by other users. This shall also apply in the event of unlawful use if the customer cannot prove to Emulation S.Hein that he is not responsible for any breach of duty.
Section 5 Terms of payment
1. Prices quoted include statutory VAT as applicable unless otherwise indicated. Usage-independent fees for the entire invoicing period shall be due at the start of the invoicing period, usage-dependent fees shall be due upon presentation of invoice.
2. Invoicing shall take place by sending the invoice to the email address specified by the customer. Emulation S.Hein reserves the right to send the invoice by post as an alternative to email.
3. If a customer falls into arrears with his payment obligations Emulation S.Hein is entitled to charge reminder fees of EUR 5.00. Emulation S.Hein may also use a debt collection enterprise to pursue outstanding claims. Emulation S.Hein reserves the right to assert further claims due to delayed payment.
4. Emulation S.Hein is entitled to refuse to provide services, and to retain all other services, if the customer is at least seven days in arrears. The claim to payment shall endure in its entirety even so.
5. In addition, Emulation S.Hein shall not be obligated to provide further advance services if the customer is at least four weeks in arrears with an amount equivalent to at least one month’s basic fee or the entire annual fee.
6. In the event of extraordinary termination Emulation S.Hein shall be entitled to payment of fees for the entire duration of the contract as agreed.
7. Emulation S.Hein is entitled to make reasonable price increases. Fee increases require the customer’s consent. Consent shall be considered granted if the customer does not object to the increase within one month of receiving notification of the amendment. Emulation S.Hein undertakes to notify the customer of the consequences of failure to state any objection at the same time as notification of the amendment is provided. If the customer objects to the price increase, Emulation S.Hein shall be entitled to exercise an exceptional right of termination.
Section 6 Copyrights, rights of use and license provisions
1. Products and services, in particular software, offered by Emulation S.Hein at www.emulation.me, are subject to copyright of the respective developer/designer pursuant to the Copyright Act of the Federal Republic of Germany. Emulation S.Hein has the right to grant licenses.
2. Customers of Emulation S.Hein shall acquire licenses pursuant to the terms of licensing and use for digital content and software by Emulation S.Hein.
Section 7 Breaches of duty and infringement of third-party rights
1. In the event of justified suspicion of material breaches of the duties incumbent on the customer, or of the license provisions, Emulation S.Hein shall be entitled to block the respective customer account with immediate effect and to retain services until the situation is fully resolved. In the event of repeated breaches or fraudulent intentions, Emulation S.Hein shall be entitled to forward the data collected to the competent authorities for prosecution.
2. Once a customer has been permanently blocked, he shall have no claim to reinstatement
of the blocked account.
3. Emulation S.Hein may terminate the contract for the use of the website www.emulation.me at any time in the event of infringements against these GTC or the license provisions, or on other important grounds.
4. Once a customer has been blocked or excluded from usage, he may not continue to use www.emulation.me, not even via other accounts, and nor may he/she re-register.
5. Emulation S.Hein shall not accept any liability whatsoever for prejudice occurring in connection with a breach of duty or infringement of rights for which the customer is responsible. In the event of infringement of third-party rights, the customer himself shall be directly liable to the latter. The customer further undertakes to release Emulation S.Hein from all claims and rights of third parties resulting from a breach of duty or infringement of rights of his doing.
Section 8 Warranty
1. The statutory warranty provisions apply.
2. The period of limitation for claims under the warranty is one year.
Section 9 Liability
1. Emulation S.Hein shall have unlimited liability to the customer for prejudice caused intentionally or through gross negligence by him or any of his agents or legal representatives. For slight negligence, Emulation S.Hein shall be liable only insofar as the breach concerns a duty considered of essential importance for achieving the object of the contract (cardinal duty). In this case, however, the amount shall be limited to foreseeable prejudice typically associated with this type of contract. Emulation S.Hein shall not be liable for slightly negligent infringement of duties other than those in the above-mentioned clauses.
2. Emulation S.Hein shall further be liable for claims under the Product Liability Act, and also on the grounds of other compelling statutory liability provisions. In the event of prejudice due to injury to life, limb and health, Emulation S.Hein or any of his legal representatives or agents shall have unlimited liability in terms of amount, even for a simple breach of duty.
3. Emulation S.Hein does not provide any warranty as to the availability of the services offered. In particular, availability of the servers of www.emulation.me cannot be guaranteed for technical reasons (e.g. maintenance work) or for reasons for which Emulation S.Hein is not responsible. Emulation S.Hein accepts no liability for events of this kind.
4. Emulation S.Hein accepts no liability for malfunctions or other damage caused by third parties (e.g. internet or hosting providers).
5. Emulation S.Hein shall be released from the obligation of performance in the event of force majeure. Force majeure covers all unforeseen events and events whose repercussions on the performance of the contract are not of either party’s doing. Such events include, in particular, lawful industrial action, even in third-party organizations, official measures, failure of communications networks and gateways of other operators, faults concerning service providers and other technical disruptions, even when those circumstances occur with subcontractors, sub-suppliers or their subcontractors. The customer shall release Emulation S.Hein from all claims by third parties in this respect. No claims for compensation or any other claims by the customer will be admitted in respect of failures for which Emulation S.Hein is not responsible.
Section 10 Duties of publication and deletion
At the end of the license period, the customer undertakes to delete all contractual information and contents available to him/her in electronic format and digital content, in particular all copies of the contractual software. Information and contents in his/her possession in physical format are to be returned to Emulation S.Hein or destroyed upon request, or in case of non-acceptance.
Section 11 Other provisions
1. The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Convention.
2. In case of a dispute arising from this contract, the parties shall, before proceeding to court proceedings (legal action), make an attempt at conciliation in accordance with the rules of conciliation applied by the conciliation board for IT disputes of the German Association of Law and Informatics (DGRI) in the version valid at the time of initiating conciliation proceedings. The goal of conciliation proceedings is to settle the dispute wholly or partially, provisionally or permanently. Recourse may be had to the courts of law if an agreement cannot be reached through conciliation.
3. The jurisdiction for all disputes arising out of, or in connection with these terms and conditions, is Freiburg im Breisgau, Germany. The same applies for the place of performance.
4. If any of the provisions in the General Terms and Conditions of Business are partially invalid, this shall not affect the remaining regulations. The invalid provision shall be replaced by the relevant provisions of law.
5. If translations of these General Terms and Conditions are made in other languages, the German version shall remain the only legally binding version.
Version dated 17.04.2019