General Terms and Conditions

Table of contents

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1. Scope

2. Conclusion of contract

3. Right of withdrawal

4. Prices and terms of payment

5. Delivery and shipping conditions

6. Retention of title

7. Liability for defects (warranty)

8. Liability

9. Redemption of promotional vouchers

10. Redemption of gift vouchers

11. Applicable law

12. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Emir Celovic, acting under “EC Software Solutions” (hereinafter referred to as “Seller”), apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Seller with regard to the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 These GTC shall apply accordingly to contracts for the delivery of vouchers, unless otherwise stipulated in this respect.

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the seller's online shop do not constitute binding offers on the part of the seller, but serve to submit a binding offer by the customer.

2.2 The customer may submit the offer via the online order form integrated into the seller's online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer relating to the goods contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The seller may accept the customer's offer within five days,

- by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby receipt of the order confirmation by the customer is decisive in this respect, or

- by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive in this respect, or

- by requesting payment from the customer after the customer has placed the order.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins to run on the day after the customer sends the offer and ends upon expiry of the fifth day following the sending of the offer. If the seller does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by their declaration of intent.

2.4 If a payment method offered by PayPal is selected, payment processing shall be carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/legalhub/paypal/useragreement-full or - if the customer does not have a PayPal account - subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/legalhub/paypal/privacywax-full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the seller hereby already declares acceptance of the customer's offer at the time the customer clicks the button that concludes the ordering process.

2.5 When ordering via the seller's online order form, the contract text is stored by the seller after the contract has been concluded and transmitted to the customer in text form (e.g. email, fax or letter) after the customer has sent the order. The seller does not make the contract text accessible beyond this. If the customer has set up a user account in the seller's online shop before sending the order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via their password-protected user account by entering the corresponding login data.

2.6 Before binding submission of the order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better identifying input errors may be the browser's zoom function, with the help of which the display on the screen is enlarged. Within the electronic ordering process, the customer can correct their entries using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

2.7 The German language is available for the conclusion of the contract.

2.8 Order processing and contact generally take place by email and automated order processing. The customer must ensure that the email address provided by them for order processing is correct so that emails sent by the seller can be received at this address. In particular, if SPAM filters are used, the customer must ensure that all emails sent by the seller or by third parties commissioned by the seller to process the order can be delivered.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the seller's cancellation policy.

4) Prices and payment terms

4.1 Unless otherwise stated in the seller's product description, the prices indicated are total prices. Sales tax is not charged because the seller is exempt from sales tax as a small business. Any additional delivery and shipping costs that may apply are stated separately in the respective product description.

4.2 The payment option(s) will be communicated to the customer in the seller's online shop.

4.3 If the payment method "Sofortüberweisung" is selected, payment processing shall be carried out by Klarna Bank AB (publ), Sveavägen 46, 11134 Stockholm, Sweden (hereinafter "Klarna"). In order to pay the invoice amount via "Sofortüberweisung", the customer must have an online banking account enabled for participation in "Sofortüberweisung", authenticate themselves accordingly during the payment process and confirm the payment instruction. The payment transaction is carried out by Klarna immediately thereafter and the customer's bank account is debited. The customer can access further information on the payment method "Sofortüberweisung" on the Internet at https://www.klarna.com/sofort/.

4.4 If a payment method offered via the payment service "Apple Pay" is selected, payment processing shall be carried out by Apple Distribution International (Apple), Hollyhill Industrial Estate, Hollyhill, Cork, Ireland ("Apple"). The individual payment methods offered via Apple Pay are communicated to the customer in the seller's online shop. For the processing of payments, Apple may use further payment services for which special payment terms may apply, to which the customer may be separately referred. Further information on Apple Pay is available on the Internet at https://www.apple.com/de/apple-pay/.

4.5 If a payment method offered via the payment service "Google Pay" is selected, payment processing shall be carried out by Google Ireland Limited, Gordon House, 4 Barrow St, Dublin, D04 E5W5, Ireland ("Google"). The individual payment methods offered via Google Pay are communicated to the customer in the seller's online shop. For the processing of payments, Google may use further payment services for which special payment terms may apply, to which the customer may be separately referred. Further information on Google Pay is available on the Internet at https://pay.google.com/intl/de_de/about/.

4.6 If a payment method offered via the payment service "Stripe" is selected, payment processing shall be carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Stripe are communicated to the customer in the seller's online shop. For the processing of payments, Stripe may use further payment services for which special payment terms may apply, to which the customer may be separately referred. Further information on Stripe is available on the Internet at https://stripe.com/de.

4.7 If the payment method direct debit via Stripe is selected, payment processing shall be carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). In this case, after a SEPA direct debit mandate has been issued, Stripe shall collect the invoice amount from the customer's bank account on behalf of the seller, but not before expiry of the deadline for the advance notice. Advance notice ("Pre-Notification") is any communication (e.g. invoice, policy, contract) to the customer announcing a debit by means of SEPA direct debit. If the direct debit is not honoured due to insufficient account funds or due to the provision of incorrect bank details, or if the customer objects to the debit although they are not entitled to do so, the customer shall bear the fees arising from the chargeback by the respective credit institution if the customer is responsible for this. The seller reserves the right to carry out a credit check when the SEPA direct debit payment method is selected and to reject this payment method in the event of a negative credit check.

4.8 If the payment method credit card via Stripe is selected, the invoice amount is due immediately upon conclusion of the contract. Payment processing shall be carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: "Stripe"). Stripe reserves the right to carry out a credit check and to reject this payment method in the event of a negative credit check.

5) Delivery and shipping conditions

5.1 If the seller offers shipping of the goods, delivery shall be made within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. For the processing of the transaction, the delivery address specified in the seller's order processing shall be decisive.

5.2 If delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This shall not apply with regard to the costs of the outward shipment if the customer effectively exercises their right of withdrawal. In the event of an effective exercise of the right of withdrawal by the customer, the provisions set out in the seller's cancellation policy shall apply to the return costs.

5.3 If the customer acts as an entrepreneur, the risk of accidental loss and accidental deterioration of the sold goods shall pass to the customer as soon as the seller has delivered the item to the forwarding agent, carrier or other person or institution designated to carry out the shipment. If the customer acts as a consumer, the risk of accidental loss and accidental deterioration of the sold goods shall generally pass to the customer or a person authorized to receive them only upon delivery of the goods. Notwithstanding the foregoing, the risk of accidental loss and accidental deterioration of the sold goods shall also pass to the customer in the case of consumers as soon as the seller has delivered the item to the forwarding agent, carrier or other person or institution designated to carry out the shipment, if the customer has commissioned the forwarding agent, carrier or other person or institution designated to carry out the shipment and the seller has not previously named this person or institution to the customer.

5.4 The seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This shall apply only in the event that the seller is not responsible for the non-delivery and has concluded a specific covering transaction with the supplier with due diligence. The seller shall make all reasonable efforts to procure the goods. In the event of the unavailability or only partial availability of the goods, the customer shall be informed without undue delay and the consideration shall be refunded without undue delay.

5.5 Collection in person is not possible for logistical reasons.

5.6 Vouchers shall be provided to the customer as follows:

- by post

6) Retention of title

If the seller performs in advance, they shall retain title to the delivered goods until full payment of the purchase price owed has been made.

7) Liability for defects (warranty)

Unless otherwise stated in the following provisions, the provisions of statutory liability for defects shall apply. By way of deviation from this, the following shall apply to contracts for the delivery of goods:

7.1 If the customer acts as an entrepreneur,

- the seller shall have the choice of the type of subsequent performance;

- in the case of new goods, the limitation period for defect claims shall be one year from delivery of the goods;

- in the case of used goods, defect claims shall be excluded;

- the limitation period shall not begin anew if a replacement delivery is made within the scope of liability for defects.

7.2 The above limitations of liability and shortening of periods shall not apply

- to claims by the customer for damages and reimbursement of expenses,

- in the event that the seller has fraudulently concealed the defect,

- to goods which, in accordance with their usual use, have been used for a building and have caused its defectiveness,

- to any obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.

7.3 In addition, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.

7.4 If the customer acts as a merchant within the meaning of § 1 HGB, they shall be subject to the commercial duty to inspect and give notice of defects pursuant to § 377 HGB. If the customer fails to comply with the notification obligations regulated therein, the goods shall be deemed approved.

7.5 If the customer acts as a consumer, they are requested to complain to the delivery agent about delivered goods with obvious transport damage and to inform the seller thereof. If the customer fails to do so, this shall have no effect whatsoever on their statutory or contractual defect claims.

8) Liability

The seller shall be liable to the customer for all contractual, quasi-contractual and statutory claims, including tort claims, for damages and reimbursement of expenses as follows:

8.1 The seller shall be liable without limitation on any legal ground

- in cases of intent or gross negligence,

- in cases of intentional or negligent injury to life, body or health,

- on the basis of a guarantee promise, unless otherwise stipulated in this respect,

- on the basis of mandatory liability, such as under the Product Liability Act.

8.2 If the seller negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless liability is unlimited in accordance with the above clause. Material contractual obligations are obligations which the contract imposes on the seller according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the customer may regularly rely.

8.3 Otherwise, liability of the seller shall be excluded.

8.4 The above liability provisions shall also apply with regard to the liability of the seller for its vicarious agents and legal representatives.

9) Redemption of promotional vouchers

9.1 Vouchers issued free of charge by the seller as part of promotional campaigns with a specific period of validity and which cannot be purchased by the customer (hereinafter "promotional vouchers") may only be redeemed in the seller's online shop and only within the specified period.

9.2 Promotional vouchers may only be redeemed by consumers.

9.3 Individual products may be excluded from the voucher campaign, provided that a corresponding restriction results from the content of the promotional voucher.

9.4 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

9.5 Multiple promotional vouchers can also be redeemed for one order.

9.6 If the promotional voucher relates to a specific value and not to a percentage discount, the value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.

9.7 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller may be chosen to pay the difference.

9.8 The credit balance of a promotional voucher is neither paid out in cash nor does it bear interest.

9.9 The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of their statutory right of withdrawal.

9.10 The promotional voucher is transferable. The seller may perform with discharging effect to the respective holder who redeems the promotional voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent lack of knowledge of the respective holder's lack of entitlement, lack of legal capacity, or lack of authority to represent.

10) Redeeming gift vouchers

10.1 Vouchers that can be purchased via the seller's online shop (hereinafter "gift vouchers") can only be redeemed in the seller's online shop, unless otherwise stated on the voucher.

10.2 Gift vouchers and remaining credit on gift vouchers can be redeemed until the end of the third year after the year of voucher purchase. Remaining credit will be credited to the customer until the expiry date.

10.3 Gift vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.

10.4 Gift vouchers can only be used for the purchase of goods and not for the purchase of additional gift vouchers.

10.5 If the value of the gift voucher is not sufficient to cover the order, one of the other payment methods offered by the seller may be chosen to pay the difference.

10.6 The credit balance of a gift voucher is neither paid out in cash nor does it bear interest.

10.7 The gift voucher is transferable. The seller may perform with discharging effect to the respective holder who redeems the gift voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent lack of knowledge of the respective holder's lack of entitlement, lack of legal capacity, or lack of authority to represent.

11) Applicable law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international sale of movable goods. In the case of consumers, this choice of law shall apply only insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.

12) Alternative dispute resolution

The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Copyright notice: These Terms and Conditions were created by the specialist lawyers of IT-Recht Kanzlei and are protected by copyright (https://www.it-recht-kanzlei.de)

Version: 17.05.2026, 14:09:34