General Terms and Conditions (GTC) with Customer Information
Table of Contents
Scope of Application
Subject Matter of the Contract
Conclusion of Contract
Right of Withdrawal
Prices and Payment Terms
Provision of Software
Granting of Usage Rights
Customer Obligations
Warranty for Defects
Applicable Law
Jurisdiction
Alternative Dispute Resolution
Code of Conduct
1. Scope of Application 1.1 These General Terms and Conditions (hereinafter “GTC”) of RoundRetail LLC (hereinafter “Company”) apply to all contracts for the provision of software concluded between a consumer or entrepreneur (hereinafter “Customer”) and the Company via the Company’s online store. The inclusion of the Customer’s own terms is hereby excluded unless otherwise agreed.
1.2 A “Consumer” under these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession.
1.3 An “Entrepreneur” under these GTC is a natural or legal person or a partnership with legal capacity who acts in the exercise of their commercial or self-employed professional activity when concluding a legal transaction.
2. Subject Matter of the Contract 2.1 The subject of the contract is the provision of the Company’s software in electronic form, including the granting of specific usage rights as defined in these GTC.
2.2 The Customer does not acquire intellectual property rights to the software. The source code is not included in the provided software.
2.3 Installation is not part of the contract. The Company refers to the installation instructions, particularly regarding the required hardware and software environment.
2.4 Unless stated otherwise in the product description, the Customer is not entitled to individual support for the software.
3. Conclusion of Contract 3.1 The software products described in the Company’s online store do not constitute binding offers but serve to allow the Customer to submit a binding offer.
3.2 The Customer may submit their offer via the online order form. By selecting the software, completing the electronic checkout process, and clicking the final order button, the Customer submits a legally binding offer.
3.3 The Company may accept the Customer’s offer within five days via written or text-form order confirmation, provision of the software, or a payment request. If not accepted within this period, the offer is deemed rejected.
3.5 The contract text will be stored by the Company and sent to the Customer in text form (e.g., email) after conclusion.
3.6 The Customer may review and correct input errors before submitting the order.
3.7 The contract language is exclusively English.
3.8 Order processing and communication occur via email and automated systems.
4. Right of Withdrawal Consumers generally have a right of withdrawal. For details, refer to the Company’s withdrawal policy.
5. Prices and Payment Terms 5.1 Unless stated otherwise, prices are total amounts including statutory VAT.
5.2 Available payment methods are displayed in the online store.
6. Provision of Software 6.1 The software is provided via digital download. The Customer receives a download link by email.
6.2 Delivery timelines are based on download availability and customer notification.
7. Granting of Usage Rights 7.1 Unless otherwise stated, the Customer receives a non-exclusive, perpetual, transferable right to use the software for private purposes.
7.2 Modification rights to the software are not granted.
7.3 Renting the software is prohibited.
7.4 Removing or modifying copy protection is not permitted.
7.5 The Customer may create a backup copy.
7.6 Transferring the software to third parties terminates the Customer’s usage rights.
7.7 Rights are granted only after full payment.
7.8 The Company may terminate the contract for material breaches of usage rights.
7.9 Upon termination, the Customer must delete all software copies.
8. Customer Obligations 8.1 The Customer must review the software’s key features and ensure a compatible hardware/software environment.
8.2 Follow the Company’s installation and usage instructions.
8.3 The Company recommends appropriate precautions and data backups.
9. Warranty for Defects Statutory warranty provisions apply.
10. Applicable Law German law applies, excluding the UN Sales Convention. This does not restrict consumer protections under the Customer’s country of residence.
11. Jurisdiction For business customers, the Company’s registered office is the exclusive place of jurisdiction.
