Terms and conditions

§ 1 General

capella-software GmbH is a German company and is subject to German and European law.

§ 2 Scope

Only the following terms and conditions are valid for the business relationship between capella-software GmbH and the customer. This applies to all future business dealings, too. Differing conditions of the customer will not be accepted by capella-software unless capella-software has explicitly accepted them in writing.

§ 3 Conclusion of the contract and withdrawal

capella-software does not commit itself to accept the customer's order. In the case of spelling, printing or calculation errors on the website, in catalogues or other information material or due to reasons arising from the evaluation of the order, capella-software is entitled to withdraw from the order at any time.

§ 4 Return and Exchange

Statutory information about rights of withdrawal and return: According to § 312b BGB the customer has the option to withdraw from each distance selling contract within two weeks. Restrictions to rights of withdrawal and return: According to § 312d, paragraph 4.2 this does not apply to distance selling contracts "for delivery [...] of software should the delivered data medium be unsealed by the customer [...]".
For these reasons the return of software delivered via eMail or download is also excluded.

§ 5 Maturity, payment and delay of payment

The purchase price is due by the time the order is placed. If the customer is in default of payment, capella-software is entitled to bill default interest in the amount of four percent points above the prime interest rate. Should a higher damage have been caused by the delay, then capella-software is entitled to claim this. capella-software does not accept bills.

§ 6 Set-off and retention

The customer has a right of set-off or retention only on condition that the respective claims are undisputed or established as final by a court of law.

§ 7 Title retention

The goods supplied remain the property of capella-software until all claims of capella-software against the customer have been completely settled.

§ 8 Warranty and liability

Should the purchased items be defective, capella-software is authorised to its choice of subsequent performance, either in the form of elimination of the defects or delivery of a new object free of defects. Should capella-software not be willing or able to eliminate the defects or deliver a new object or if a fair delivery time is exceeded for reasons that capella-software can be held responsible for, the customer is entitled to withdraw from the contract. To the extent that noting to the contrary results below, other and further-reaching claims of the partner against us have been ruled out. In particular, capella-software does not accept liability for damages other than to the supplied goods themselves nor for loss of profit or other financial losses incurred by the customer.

In any case that the liability of capella-software is excluded or limited, this exclusion or limitation applies equally to capella-software's employees, representatives and auxiliary persons. The warranty period is six months calculated from the passing of risk. This period is a limitation period and also applies to claims for compensation of consequential harms caused by a defect.

§ 9 Auction goods

Items purchased in auctions or in a similar way and items bought from merchants or private persons not authorized by capella-software will not be registered. With this the qualification for an update is cancelled.

§ 10 Multiple, network, accompanying and students' licenses

These licenses are bound to the purchaser and cannot be passed on to another person, not even after termination of use.

§ 11 Applicable law and place of jurisdiction

German law applies, to the exclusion of the UN purchasing law. Kassel is the exclusive place of jurisdiction for all present and future claims of the relationship including check demands. capella-software is entitled to sue the buyer at his general place of jurisdiction as well.

§ 12 Further development, standard of technology

All product descriptions, especially hardware and software requirements require the newest operating system, if necessary via update with so-called service packs (Windows).

Download of free stepups within product support require an up-to-date internet browser.

Subject to errors, prior sale, further development and improvement by capella-software.

§ 13 Special services

capella-software charges US$ 15.00 allowance for special services. Special services are amongst other things:

• Subsequent issue of a second invoice or second receipt especially after purchase of online licenses or eMail updates.
• Return debits of financial institutions for reasons capella-software is not held reliable for.

capella-software charges US$ 30.00 allowance for the re-issue of licenses. capella-software is not obliged to re-issue licenses.

Should one purchaser place multiple online license orders with immediate charge of the credit card, capella-software will examine the case and issue a credit. capella-software subtracts transaction expenses for all transactions having arisen in connection with the order. These are 4% of the order amount per transaction (These transaction expenses are paid to the respective credit card institution.). Furthermore capella-software charges a handling fee for the issue of the credit note so that the entire allowance is US$ 30.00 at best.

Söhrewald, April 15, 2010.