General terms and conditions of Cutvert GmbH for Warranty Label
1. Scope
(1) These General Terms and Conditions apply to contracts between Cutvert GmbH, Eisenbahnstraße 53, 97084 Würzburg, hereinafter referred to as the provider, and its customers regarding the use of the WordPress Warranty Label offer at warranty-label.eu.
(2) The offer is aimed exclusively at entrepreneurs within the meaning of § 14 BGB. Consumers are excluded from use.
(3) Differing terms and conditions of the customer do not apply unless the provider expressly agrees to their validity in text form.
2. Subject of the contract
(1) The provider provides a WordPress and WooCommerce plugin for maintaining and issuing information on legal warranties and commercial durability guarantees. The scope of services can include customer portal, license management, downloads, updates and support.
(2) The specific scope of services, the number of permissible shop activations and other tariff features can be found in the service description published on warranty-label.eu when the contract is concluded.
(3) The Shopware product is only offered via the official Shopware store. The terms and conditions of the Shopware Store and the product information provided there apply to contracts concluded there.
(4) The provider does not provide legal advice and does not owe any legal review of the shop, the product information or the guarantee conditions used by the customer. The customer must check the legal suitability of the specific use himself.
3. Conclusion of contract
(1) The presentation of the services on the website does not constitute a legally binding offer.
(2) By completing the ordering process, the customer submits a binding offer to conclude a contract. The contract is concluded with the confirmation of the provider, successful payment or provision of the booked service.
(3) Free tariffs can be activated by providing the customer account or license.
4. Prices and payment terms
(1) The prices and billing periods stated when ordering on warranty-label.eu apply.
(2) Unless otherwise stated, prices are net plus the applicable sales tax.
(3) Paid WordPress plans are billed via Stripe. The customer is obliged to keep his payment and billing data complete and up to date.
(4) Price changes for future contract periods will be communicated at least 30 days before they come into effect. If the customer does not agree, he can terminate at the end of the current contract period.
5. Term, tariff change and termination
(1) Paid contracts are concluded monthly or annually depending on the tariff selected and are extended by the respective billing period unless they are terminated at the end of the current contract period.
(2) The termination can be declared in the customer portal and is generally effective at the end of the contract period that has already been paid for. The right to extraordinary termination remains unaffected.
(3) A change to a higher tariff can take effect immediately after confirmation and payment. A change to a lower tariff generally takes effect at the end of the current contract period.
(4) After a downgrade, the number of existing licenses or activations may exceed the new tariff limit. The provider is entitled to deactivate excess activations according to the rules displayed in the customer portal. Existing data will not be automatically deleted.
6. Rights of use and license limits
(1) For the duration of the contract, the customer receives a simple, non-exclusive, non-transferable and non-sublicensable right to use the software provided to the extent of the booked tariff.
(2) A license may only be used for the website assigned in the customer portal. The number of websites permitted at the same time depends on the tariff booked.
(3) Passing on, renting, leasing, selling or otherwise transferring license keys to third parties is not permitted unless the tariff explicitly provides for this.
7. Updates and technical requirements
(1) During an active license, the provider provides the updates intended for the respective tariff. There is no entitlement to certain new functions.
(2) The customer is responsible for a compatible, maintained and secured WordPress and WooCommerce environment as well as for regular data backups.
(3) Customizations through themes, other plugins, hosting configurations or future versions of WordPress and WooCommerce may affect functionality. The provider will make reasonable compatibility adjustments as part of product maintenance.
8. Obligations of the customer
(1) The customer is responsible for the accuracy of the product, manufacturer, warranty and contact data he maintains.
(2) The customer must check whether and in what form legal warranty information or voluntary guarantees must be provided for his product range.
(3) Access data and license keys must be treated confidentially and protected from unauthorized access.
9. Availability and maintenance
(1) The provider strives to ensure high availability of the customer portal, license checks and update services. A specific availability is only owed if it has been expressly agreed.
(2) Maintenance work, security measures, technical disruptions, force majeure or failures of infrastructure partners can lead to temporary restrictions.
(3) Label graphics and product data that are already integrated locally in the shop generally remain unaffected if the portal is temporarily unavailable.
10. Blocking
(1) The provider may temporarily block access or licenses if there is late payment, improper use, a significant violation of these conditions or a security risk.
(2) As far as possible, the customer will be informed before a blocking and will be given the opportunity to remedy the situation. This does not apply if immediate blocking is required to avert danger.
11. Defects and support
(1) The customer should report understandable defects with the technical information required for the inspection.
(2) The provider can eliminate defects through troubleshooting, updates, instructions or a reasonable replacement solution.
(3) There is no defect if the cause lies exclusively in an unsupported environment, a change made by the customer or a third-party component for which the provider is not responsible.
12. Liability
(1) The provider is liable without limitation for intent and gross negligence as well as for damages resulting from injury to life, body or health.
(2) In the case of simple negligence, the provider is only liable if an essential contractual obligation is breached and is limited to the foreseeable damage that is typical for the contract.
(3) Liability according to the Product Liability Act and based on expressly assumed guarantees remains unaffected.
(4) The provider is not liable for ensuring that the use of the software in a specific individual case meets all legal requirements or protects against warnings, fines or other legal consequences.
(5) In accordance with the above rules, the provider is only liable for data loss to the extent of the effort that would have been necessary to restore it if the data had been backed up properly and regularly.
13. Data protection
Information on the processing of personal data can be found in the data protection declaration. If order processing is necessary for a specific use, the parties conclude a separate agreement.
14. Applicable law and place of jurisdiction
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The exclusive place of jurisdiction is Würzburg if the customer is a merchant, a legal entity under public law or a special fund under public law.
15. Final provisions
(1) Changes and additions to the contract must be in text form, unless a stricter form is required by law.
(2) If individual provisions are or become ineffective, the effectiveness of the remaining provisions remains unaffected. The statutory regulation shall replace the invalid provision.