General Terms and Conditions (GTC)
including information for business customers
1. Scope of Application
1.1. These General Terms and Conditions (“GTC”) apply to all business relationships between Swabian Software Solutions, Korber Steige 7/1, 71334 Waiblingen, Germany, e-mail: info@shopmanagerpro.com (hereinafter “Seller”) and the customer (hereinafter “Customer”), in the version valid at the time of the order.
1.2. Our offers are directed exclusively to entrepreneurs within the meaning of §14 BGB (German Civil Code). Contract conclusion with consumers is excluded.
1.3. Deviating terms and conditions of the Customer shall not apply unless the Seller expressly agrees to them in writing.
1.4. For software products of the Seller, the respective End User License Agreement (EULA) applies in addition. In case of contradictions between these GTC and the EULA, the provisions of the EULA shall prevail.
2. Offers, Product Descriptions
2.1. The presentation of products in the online shop does not constitute a legally binding offer, but merely an invitation to place an order. Product descriptions in catalogs or on the Seller’s website do not constitute a guarantee of quality.
2.2. All offers are valid “while stocks last”, unless otherwise expressly stated. Errors excepted.
3. Ordering Process, Conclusion of Contract
3.1. The Customer may select products from the Seller’s range and place them in a virtual shopping cart using the “Add to Cart” button.
3.2. The Customer can modify or remove items from the cart at any time and then proceed to checkout using the “Checkout” button.
3.3. By clicking the “Place Order” button, the Customer submits a binding request to purchase the products in the cart. Before submitting the order, the Customer can review and modify all details or cancel the order.
3.4. The Seller will immediately confirm receipt of the order by e-mail. This confirmation does not constitute acceptance of the order. A purchase contract is only concluded once the Seller dispatches the goods or explicitly confirms the order.
3.5. For Customers who are entrepreneurs, the period for shipment, delivery, or order confirmation is seven days instead of two days.
3.6. In the case of agreed advance payment, the contract becomes effective once the Customer has provided payment details and the Seller has requested payment. If no payment is received within 10 days after order confirmation, the Seller may withdraw from the contract.
4. Prices, Shipping Costs
4.1. All prices quoted on the Seller’s website are inclusive of statutory VAT at the applicable rate.
4.2. Any applicable shipping or delivery costs will be clearly indicated to the Customer during the order process.
5. Delivery, Availability of Products
5.1. Delivery will only take place after receipt of payment in the case of advance payment.
5.2. If delivery fails after three attempts due to reasons attributable to the Customer, the Seller may withdraw from the contract. Payments already made will be refunded.
5.3. If the ordered product is not available because the Seller was not supplied through no fault of its own, the Seller may withdraw from the contract. The Customer will be informed immediately, and any payments refunded.
5.4. Delivery times and restrictions (e.g., delivery to specific countries) will be indicated during the order process or in the product description.
5.5. For Customers who are entrepreneurs, the risk of accidental loss or deterioration passes to the Customer once the goods are handed over to the carrier, freight forwarder, or other party designated to perform shipment.
5.6. Delivery delays due to force majeure or unforeseen events not attributable to the Seller extend delivery times accordingly. If such a delay is unreasonable for the Customer, the Customer may withdraw from the contract after setting a reasonable deadline.
6. Payment Terms
6.1. The Customer may select the available payment methods during the ordering process.
6.2. Unless otherwise agreed, invoices are payable within 30 days of receipt without deduction.
6.3. When using third-party payment services (e.g., PayPal, Stripe), their terms and conditions apply in addition. The Seller assumes no liability for services provided by such third parties.
6.4. If the Customer defaults on payment, statutory default interest shall apply.
6.5. The Customer may only offset claims that are legally established or recognized by the Seller.
7. Retention of Title
The Seller retains ownership of the delivered goods until full payment of all claims. For entrepreneurs, extended retention of title applies as per German law.
8. Customer Account
8.1. The Seller may provide the Customer with a customer account for managing orders and data.
8.2. The Customer is obliged to provide truthful and up-to-date information in the account.
8.3. Use of the account must comply with applicable law and these GTC. Misuse, particularly by bots or external software, is prohibited.
8.4. The Customer is responsible for any content stored or entered in the account. The Seller may review and remove unlawful content.
8.5. The Customer may close the account at any time. The Seller may terminate the account with two weeks’ notice or immediately for good cause.
9. Warranty
9.1. For software products, the respective EULA exclusively applies. Statutory warranty rights are excluded to the extent legally permissible.
9.2. For other goods, statutory warranty rights apply, unless otherwise provided herein.
9.3. Entrepreneurs must inspect goods immediately and notify defects in writing. The limitation period for defect claims is one year from transfer of risk.
10. Liability
10.1. The Seller is liable without limitation for intent and gross negligence.
10.2. For software products, the liability provisions of the EULA apply exclusively.
10.3. In all other cases, the Seller is only liable for slight negligence if essential contractual obligations (cardinal duties) are breached, limited to the foreseeable, typical damage.
10.4. Liability for damages arising from injury to life, body, or health remains unaffected.
10.5. Any liability limitations also apply to employees, representatives, and agents of the Seller.
11. Storage of Contract
11.1. The Customer may print the order details using the browser’s print function before placing the order.
11.2. The Seller will send an order confirmation including all order data and these GTC by e-mail.
11.3. Entrepreneurs may receive contractual documents by e-mail, in writing, or by reference to an online source.
12. Final Provisions
12.1. Place of performance and jurisdiction, to the extent legally permissible, is the Seller’s registered office. The Seller may also sue at another permissible venue.
12.2. German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
12.3. The contractual language is German. In case of discrepancies between translations, the German version shall prevail.