General conditions of sale

Table of Contents

1. Scope of application
   2. Conclusion of the contract
   3. Purpose of the contract
   4. Rights Granted Upon Purchase of Software
   5. Rights granted when renting software
   6. Customer Obligations
   7. Right of withdrawal
   8. Prices and payment terms
   9. Conditions of dispatch and delivery
   10. Retention of title
   11. Guarantee for contracts referred to in paragraphs 3.2, 3.3 a) and 3.3 c)
   12. Guarantee for contracts referred to in paragraph 3.3 b)
   13. Liability for other breaches of contractual obligations
   14. Use of promotional vouchers
   15. Final provisions

1) Scope of application

1.1 These General Terms and Conditions of Sale (hereinafter referred to as "GTC") of RCS Paris (hereinafter referred to as "the Seller") apply to all contracts concluded between the Seller and a contractual party (hereinafter referred to as "the Customer") relating to the sale, delivery or temporary transfer of various digital content, digital products or non-digital products (all hereinafter referred to as "Products"). To the extent that the Seller also offers services, it provides these exclusively as ancillary services to the aforementioned sales contracts. Any GTC of the Customer that deviate from, contradict or supplement these GTC shall only become part of the contract if and only if the Seller has expressly consented to their entry into force. Tacit acceptance of the Customer's GTC by the Seller through conclusive conduct is excluded. This approval requirement applies in all cases, for example, even if the seller unconditionally provides services to the customer with knowledge of the latter's GTC.

1.2 These General Terms and Conditions apply to both consumers (§ 13 / French Civil Code) and entrepreneurs (§ 14 ). Unless otherwise stated, the General Terms and Conditions set out below apply to both contracts concluded with entrepreneurs and those concluded with consumers. Conditions that do not apply, without modification, to consumers are highlighted in bold.

1.3 These General Terms and Conditions also apply to future contractual relationships between the customer and the seller. They apply regardless of whether they are mentioned in each specific case. For consumers, these conditions apply to future contractual relationships in cases where the contracts concerned have as their main object the supply of digital and non-digital products.

1.4 In accordance with these General Terms and Conditions, digital content is considered to be digital offers that are not digital products; in this case, these are access codes, product keys or other information available in digital form.

1.5 In accordance with these T&Cs, digital products are considered to be software sold without support, as an electronic service, and provided in an intangible way, via download – where applicable, by granting certain usage rights within the framework provided for in paragraphs 5 and 6.

1.6 In accordance with these General Terms and Conditions, non-digital products are considered to be software on physical media, delivered by the seller as goods – where applicable, granting certain usage rights within the framework provided for in paragraphs 5 and 6 –, as well as all kinds of comparable physical goods.

1.7 With the delivery of the order in accordance with paragraph 2.2 below, the customer accepts these General Terms and Conditions.

2) Conclusion of the contract

2.1 The prices, price offers, as well as descriptions of products or other services, which the seller mentions in his online shop, are not effective proposals.

2.2 The customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected products in the virtual shopping cart and completing the electronic ordering process, the customer finalizes the order by clicking on the "buy now" button, below which he can view the General Terms and Conditions once again by clicking on the corresponding link; he thus submits a legally binding contractual offer regarding the products contained in the shopping cart.

2.3 Before confirming the order via the seller's online order form, the customer can still avoid possible input errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors is the browser's zoom function, which increases the font size displayed on the screen. As part of the electronic ordering process, the customer can correct their input using the usual keyboard and mouse functions until they click the "BUY NOW" button, which completes the ordering process.

2.4 When submitting an offer via the Seller's online order form and before the Seller accepts the Customer's offer, the Seller saves the contractual text. This text is then sent to the Customer in writing (e.g., by e-mail, fax, or letter) after the Customer has submitted their order along with these General Terms and Conditions. The notification sent does not constitute acceptance of the Customer's offer, but merely informs the Customer that the Seller has received the order. A contract between the Buyer and the Customer is only concluded by a subsequent action by the Seller in accordance with paragraph 2.5. In addition, the contractual text is archived on the Seller's website; the Customer, if they have created a customer account in the Seller's shop before submitting the order, can access the contract via their password-protected customer account.

2.5 The seller may accept the customer's offer within five days by

1. (a) delivering the ordered products to the customer, the receipt of the product by the customer being decisive in this regard, or
2. b) by asking the customer to pay after placing the order.

If more than one of the above alternatives exists, the contract is concluded at the time when one of the two alternatives occurs first.

2.6 The period for acceptance of the offer within the meaning of paragraph 2.5 runs from the day after the offer was submitted by the customer and expires at the end of the fifth day following the submission of the offer. If the seller does not accept the customer's offer before the end of the aforementioned period, the offer is considered rejected and the customer is no longer bound to the consumption provided for in the contract in question.

2.7 The conclusion of the contract is made exclusively in French.

2.8 If the customer provides an e-mail address for the execution of the contract, he is obliged to ensure that e-mails sent by the seller can be delivered to this address. This applies in particular to spam filters, the correct configuration of which is the responsibility of the customer, who is obliged to ensure that e-mails sent by the seller or by third parties entrusted with order processing can be delivered. The seller or the third party entrusted with order processing undertakes to design e-mails in such a way that they do not (in particular, by the chosen text template) give them an objective appearance that could lead them to be considered unsolicited messages.

2.9 The Seller strives to ensure the availability of the Products displayed in the Online Store, but cannot guarantee that all Products will be available at the time of the order. In the event that the Seller is unable to process or fulfill an order, it will inform the Customer as soon as possible.

3) Purpose of the contract

3.1 The Seller supplies products to the Customer. It only provides services as ancillary services within the framework of product delivery contracts. In such cases, the type of service agreed is decisive. To provide the agreed services, the Seller uses its own employees, subcontractors or other third-party agents.

3.2 In the case of a contract for the delivery of non-digital products, the Seller's performance is based on the description given in the Seller's online shop. In this context, the Seller refers to the provisions on retention of title set out in Section 10. In the case of a contract for the supply of software (hereinafter: "software purchase"), the Seller undertakes to permanently transfer the software specified in the license certificate to the Customer. The Seller undertakes to transfer the copy of the software on a suitable medium – such as a CD-ROM, Blu-ray disc or USB stick – and to provide the Customer with a printed or downloadable version of the associated user documentation. Before full payment of the purchase price in accordance with Section 8, all data carriers and user documentation are subject to the Seller's retention of title. The product description in the Seller's online shop is decisive for the type of software to be supplied. The Seller also undertakes to provide the rights granted in accordance with Section 4.

3.3 In the case of a contract for the delivery of digital products, the seller undertakes to:

1. a) ensure, with regard to the purchase of software, the definitive transfer of the software distributed in object code, in accordance with the license certificate. The seller is obliged to indicate how the software can be downloaded, as well as to provide a printed or downloadable version of the associated user documentation. Before full payment of the purchase price in accordance with paragraph 8, the user documentation handed over is subject to the seller's retention of title. The product description in the seller's online shop is decisive for the type of software to be supplied. The seller is also liable for the rights granted in accordance with paragraph 4;
2. b) ensure, with regard to contracts for the temporary transfer of software (hereinafter: "software rental"), the temporary transfer of the software distributed in object code, in accordance with the license certificate. The seller is obliged to indicate how the software can be downloaded, as well as to provide a printed or downloadable version of the associated user documentation. Before full payment of the purchase price in accordance with paragraph 8, the user documentation handed over is subject to the seller's retention of title. The product description in the seller's online shop is decisive for the type of software to be supplied. The seller is also liable for the rights granted in accordance with paragraph 5.

3.4 In the case of a contract for the delivery of digital content, the seller is obliged to provide the digital content. The use of digital content sent to the customer is subject to the terms of use of the respective provider. Use of the digital content is subject to full payment of the purchase price in accordance with paragraph 8. The seller may provisionally authorize use before this date.

3.5 The seller only owes services as contractual or post-contractual ancillary services, within the framework of the aforementioned main performance obligations and only if the services concerned have been expressly agreed with the customer.

3.6 Delivery of the subject of the contract is carried out in accordance with the terms defined in paragraph 9.

3.7 If the Seller is hindered or even completely excluded from the performance of its contractual services because employees, documents, data or devices of the Customer are not available in a suitable or sufficient manner, or if the Customer fails to fulfil its obligations to cooperate, including compliance with deadlines, the Seller is entitled to charge the Customer for the additional costs incurred in this way.

3.8 Correct and timely delivery by its own suppliers remains reserved, provided that the seller is not responsible for the delay and inadequacy of the delivery in question.

4) Rights granted when purchasing software

4.1. This paragraph 4 applies exclusively to software purchase contracts in accordance with paragraphs 3.2 and 3.3 a).

4.2 Upon full payment of the purchase price in accordance with the terms set out in paragraph 8, the customer receives an unlimited and non-exclusive right to use the product to the extent stipulated in the contract. The seller may provisionally authorize the use of the product before this date. The number of natural persons using the product simultaneously may under no circumstances exceed the maximum number of products purchased by the customer. The authorized use includes installation, loading of software into RAM, as well as the use for which the product is intended. Under no circumstances shall the customer have the right to rent or sublicense the purchased product, to distribute or make it available to the public, whether by wire or wirelessly, or to transmit it to third parties, whether for a fee or free of charge. Paragraph 4.5 shall not be affected in any way.

4.3 The customer is entitled to create a backup copy of the software, if this proves necessary to secure further use.

4.4 Decompilation and reproduction of the software by the customer is only permitted within the framework provided for by applicable law. However, this authorization is only valid if the seller has not provided the customer with the information required in this regard within a reasonable time.

4.5 The Customer may permanently transfer the software it has acquired to a third party by handing over the associated documentation. In such a case, the use of the software shall lapse, and all copies of the software installed on the Customer's computers, as well as all copies stored on other media, shall be deleted or handed over to the Seller, unless legal obligations require retention beyond this term. At the Seller's request, the Customer shall confirm in writing the full implementation of the aforementioned measures or – if applicable – state the reasons for extended retention. In addition, the Customer undertakes to expressly agree with the third party concerned that the scope of the rights granted within the framework defined in this paragraph 4 must be respected. Software packages purchased in bulk may under no circumstances be split.

4.6 If the use of the software exceeds – whether qualitatively (with regard to the type of use permitted) or quantitatively (with regard to the number of users) – the extent provided for in the usage rights acquired when purchasing the product, the customer undertakes to purchase, as soon as possible, the products necessary for the permitted use. In the event of failure on the part of the customer, the seller will assert its rights.

4.7 It is not permitted to remove or modify copyright notices, serial numbers or any other information contained in the software that contributes to the identification of the program.

5) Rights granted when renting software

5.1 This paragraph 5 applies exclusively to temporary software transfer contracts in accordance with paragraph 3.3 b).

5.2 Upon full payment of the purchase price in accordance with the terms and conditions set out in paragraph 8, the customer receives the right to use the product, on a non-exclusive, non-transferable, non-sublicensable basis and limited to the duration of the respective contract, to the extent stipulated in said contract and the associated license certificate. The seller may temporarily authorize the use of the product before this date. The limit of the temporary assignment contract is determined by the respective information in the seller's online shop or by the customer's choice made before the conclusion of the contract. The permitted use includes installation, loading of the software into the RAM, as well as the intended use of the product. Under no circumstances shall the customer be entitled to rent or sublicense the purchased product, to distribute it or make it available to the public, whether by wire or wirelessly, or to transmit it to third parties, whether for a fee or free of charge.

5.3 The customer is entitled to create a backup copy of the software if this proves necessary to secure further use.

5.4 Decompilation and reproduction of the software by the customer is only permitted within the framework provided for by applicable law. However, this authorization is only valid if the seller has not provided the customer with the information required in this regard within a reasonable time.

5.5 Except for the cases mentioned in paragraphs 5.1 to 5.3, the Customer is not authorized to reproduce the Software.

5.6 The customer is not permitted to make the software provided to him available to third parties; this also applies to any other copies made by him. In particular, the software may under no circumstances be assigned, lent, rented or sublicensed, nor distributed or made publicly accessible.

5.7 If the Customer breaches any of the aforementioned provisions, all usage rights granted under the relevant contract shall immediately lapse and automatically revert to the Seller. In such a case, the Customer must immediately and permanently cease using the Software, delete all copies of the Software installed on its computer systems and erase or hand over to the Seller any backup copies made by it.

6) Customer Obligations

6.1 The customer is obliged to implement sufficient protective measures to prevent unauthorized third parties from accessing the purchased products. This applies in particular to copies of digital content, which must be stored in a secure location, unless otherwise provided for in the concluded contract, associated user documentation or license certificate.

6.2 The customer must appoint a contact person whose statements in connection with the execution of the contract, as well as actions, are binding on the customer. These regulations do not apply to consumers.

6.3 Before and during the conclusion of the contract in question, the customer is obliged to inform the seller about all circumstances and procedures relevant to the contractual act, from the moment they are necessary and decisive for the preparation and execution of the said contract. This regulation does not apply to consumers.

6.4 The Customer undertakes to the best of its knowledge and belief to support the Seller in the performance of the contract and to contribute to the establishment of the conditions necessary for the proper performance of the contract. In particular, the Customer undertakes to provide the Seller with all documents, as well as all data and information necessary for the performance of the contractual obligations in the required form. To this end, the Customer is obliged to inform its employees in a timely manner about upcoming deliveries or other services provided by the Seller.

7) Right of withdrawal

7.1 The consumer does not have a right of withdrawal.

7.2 Indeed, pursuant to Article L. 121-20-3 of the Consumer Code, unless expressly and specifically stated on its commercial documents, to deliver the software no later than 48 working hours following the order. The software is immediately available for download. In accordance with Article L. 121-84-3 of the Consumer Code, the customer can track the execution of his order on the email that the customer provided when checking out on our site or on our platform. by entering their order number and then clicking on "View". In accordance with Article L. 121-20.2 of the Consumer Code, the customer is informed that they cannot exercise their right of withdrawal, which they expressly waive, upon delivery of the software if the Customer or one of their representatives requests activation using the product license number. The same applies if a service contract is entered into, the execution of which begins immediately upon activation of the software, which is done simultaneously and automatically with its installation. The same applies if the complete software is downloaded from the Internet.

8) Prices and payment conditions

8.1 Unless otherwise stated in the seller's product description, the prices indicated are total prices including the statutory value added tax. Where applicable, additional shipping and delivery costs are specified separately in the relevant product description.

8.2 For deliveries outside the European Union, additional costs may be incurred in certain cases, which are not the responsibility of the seller and are to be borne by the customer. These costs may include costs related to the transfer of the amount due via credit institutions (such as transfer fees or exchange fees, for example) or tax or customs costs (such as customs duties, for example). Such additional costs related to the transfer of funds may also be charged when the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.

8.3 The customer is informed of the payment method(s) in the seller's online store.

8.4 If an advance payment by bank transfer has been agreed, said payment is due immediately upon conclusion of the contract, unless the parties have agreed another due date.

8.5 When paying with the payment service PayPal (Europe) SARL et Cie, SCA, 22–24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), the payment is processed in accordance with the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full – or, if the customer does not have a PayPal account, in accordance with the general terms and conditions for payments without a PayPal account, available at https://www.paypal.com/webapps/mpp/ua/privacywax-full.

8.7 In case of payment by invoice, the invoice amount is due upon receipt of the product and the associated invoice. In such a case, payment is to be made within 7 (seven) days of receipt of the invoice, without discount, unless otherwise stated. This does not affect the legislation regarding late payments, as established in § 286 para. 3 of the French Civil Code. The seller reserves the right to limit payment by invoice to a certain order volume and to refuse this payment method if said volume is exceeded. Where applicable, the seller shall duly inform the customer of the payment terms of the online store, expressly mentioning any existing restrictions.

8.8 In the case of payment by SEPA Direct Debit, the invoice amount is due upon issuance of the SEPA Direct Debit order, subject to the expiry of the period for prior notification of the intended direct debit. The direct debit is carried out when the product is retrieved from the seller's warehouse and a download link or product key is sent by email. In this case, the sending of the notification or email by the seller is decisive, provided that the period for prior notification has expired. Prior notification ("advance notice") is deemed to be any document (e.g. invoice, certificate or contract) that the seller sends to the customer and which announces a debit by SEPA Direct Debit. If the direct debit fails, due to account insolvency or the sending of incorrect bank details, or because, without any justification, the payer does not authorize the debit, it is the customer's responsibility, to the extent that the failure of the transaction is attributable to him, to pay the costs generated by the reversal operations carried out by the credit institution concerned.

8.9 The Seller's claims may under no circumstances be offset against counterclaims of the Customer, unless the Seller has acknowledged the counterclaim in question or it has been legally established – in which case the Buyer may exercise its right of retention. This right does not apply to counterclaims exceeding the aforementioned scope.

8.10 In the event of late payment, the seller is entitled to charge the customer late payment interest at a rate of 9% above the applicable base rate. In the event of late payment despite the reminder being sent, the seller is entitled to demand from the customer the reminder and collection costs necessary for legal action carried out by the collection agencies and lawyers engaged by the seller. In the case of collection agencies, these costs are based on the calculation rates in force for collection agencies and, in the case of lawyers, on the French law on lawyers' remuneration (RVG). If the seller carries out the reminder process itself, the costs incurred, in the order of EUR 1.50 per reminder, are borne by the customer. This does not apply to reminders that caused the delay. It is up to the customer to provide proof that the costs were lower than those invoiced. These regulations do not apply to consumers.

9) Conditions of dispatch and delivery

9.1 Unless otherwise agreed by the parties, the products are shipped to the email address provided by the customer. The email address provided to the seller when processing the order is decisive for the completion of the transaction.

9.2 Digital content is transferred to the customer in electronic form, by sending a download link. Product keys are sent to the customer by email.

10) Retention of title

10.1 Non-digital products delivered to the customer remain the property of the seller until full payment of the purchase price due (retention of title).

10.2 The Customer is required to store the non-digital products made available to him by the Seller and undertakes to treat them with care. When storing the goods, the Customer is required to indicate that said products are the property of the Seller, in particular by clearly separating them from other items in stock. This clause does not apply to consumers.

10.3 In the event of seizures or other interventions by third parties, the customer is required to inform the seller in writing and as soon as possible.

10.4 The customer is entitled to resell the non-digital products in the course of proper business activities; their pledging or transfer as security is, however, excluded. The customer hereby assigns to the seller all claims in the amount of the final invoice amount (excluding VAT) related to the seller's claim, which accrue to the customer in the context of the resale to future buyers or third parties. To the same extent as the retention of title clause in paragraph 8.1 of these GTC, the aforementioned assignment is intended to protect the said claim. The customer remains authorized to collect these claims even after this assignment. However, the seller is entitled to collect the claims itself if the customer fails to meet its payment obligations, is in arrears with payments, applies for the opening of insolvency proceedings or if the customer permanently stops making payments. If necessary, the seller may revoke the authorization to collect the claim. In addition, the seller may require the customer to inform him, as soon as possible, of the assigned receivables and their debtors, to provide him with a written declaration of assignment as well as all documents and information necessary for the recovery of the debt. This clause does not apply to consumers.

10.5. If the non-digital products delivered by the seller are combined with or embedded in other movable goods and thus become part of a homogeneous whole, the customer undertakes to transfer to the seller the co-ownership share of the homogeneous whole that is due to him. The customer hereby assigns to the seller all claims in the amount of the final invoice amount (excluding VAT) related to the seller's claim, which accrue to him in connection with the resale of goods of which the seller is a co-owner; the seller accepts this assignment. The provisions of paragraph 8.4 sentence 3 et seq. apply accordingly. This clause does not apply to consumers.

10.6 If the Customer uses the non-digital products supplied by the Seller in such a way that they become part of a new good, the Seller's ownership shall be transformed into partial ownership of the product thus produced. The Customer hereby assigns to the Seller all claims in the amount of the final invoice amount (excluding VAT) related to the Seller's claim, which accrue to the Customer in connection with the resale to future buyers or third parties. The provisions of paragraph 8.4 sentence 3 et seq. shall apply accordingly. This clause does not apply to consumers.

10.7 If the securities to which the Seller is entitled exceed the secured claims by more than 20%, the Seller is obliged, at the request of the Customer and at the Seller's discretion, to release the securities exceeding the aforementioned limit.

11) Guarantee for contracts referred to in paragraphs 3.2, 3.3 a) and 3.3 c)

11.1 The provisions of this paragraph 11 apply to contracts concluded under paragraphs 3.3, 3.3 a) and 3.3 c).

11.2 Claims against the seller for material defects shall become time-barred after one year from the transfer of risk, insofar as they relate to new products or new services. This clause does not apply if longer periods are provided for by law, in accordance with § 438 para. 1 point 2 (buildings and construction materials), § 445b para. 1 (right of recourse) and § 634a para. 1 point 2 (construction defects) of the French Civil Code. This clause does not apply to consumers.

11.3 In the case of delivery of used products, the warranty for hidden defects is excluded – subject to statutory provisions and other existing agreements. This clause does not apply to consumers.

11.4 All information regarding the products, whether expressly agreed in writing or not, are only descriptions of characteristics, and not guarantees, assured properties, contractually intended uses, or otherwise. Apparent errors (typographical errors, calculation errors, formal errors, etc.) in the seller's notes, protocols, operating instructions, calculations, brochures, in the seller's online shop, etc. may be corrected at any time by the seller. Any recourse to remove such apparent errors is excluded.

11.5 With regard to deliveries by the seller, it is the responsibility of traders, in any case, to check the purchased item and to notify the seller of any defects discovered, in accordance with the legal framework established in § 377 (French Commercial Code). If a delivery is made on behalf of an intermediary directly to a consumer, the commercial obligation to notify also applies without restriction. This clause does not apply to consumers.

11.6 If the customer refuses delivery from the seller for any reason other than a substantial defect that restricts or prohibits its use, despite the seller having declared that he undertakes to perform the contract concluded, the customer is in default of acceptance. Acceptance of delivery cannot be refused due to insignificant defects.

11.7 Excluded from the warranty are defects due to improper use, modification of system components contrary to contractual principles, as well as defects due to the use of unsuitable organizational means, use in a hardware or software environment that does not meet the requirements specified in the license certificate, unusual operating conditions or interventions by the customer or third parties on the systems. When using the products with third-party devices, a warranty for functional and performance defects is only granted if these defects also occur independently of the third-party devices concerned or if compatibility with them has been contractually agreed.

11.8 If a delivery is defective, the seller may, at its discretion, carry out subsequent performance by remedying the defect (repair) or by delivering a defect-free item (replacement). In the latter case, the customer is obliged to return the defective products at the seller's request in accordance with the applicable statutory provisions. If the customer is a consumer, the above sentence shall apply, with the understanding that uses may not be assigned or replaced by their actual value. The customer is obliged to give the seller time and opportunity for subsequent performance, in particular for subsequent improvement.

11.9 In the event of a proven defect and in accordance with the statutory provisions, the costs arising from the procedures for verification and subsequent performance of contractual obligations shall be borne by the seller; these include transport, travel, labor, and material costs. If the claim for a hidden defect proves to be unjustified, the seller is entitled to demand reimbursement of the costs of subsequent performance from the customer, unless the customer is not responsible for the claim. If subsequent performance fails, if the seller definitively and irrevocably refuses subsequent performance (also pursuant to the French Civil Code, § 439 para. 4), if subsequent performance is not acceptable to the customer, or if the situation falls under § 323 para. 2 of the French Civil Code, the customer may, without prejudice to any existing compensation rights, withdraw from the contract or reduce the corresponding consideration.

11.10 In the event of insignificant deviations from the agreed quality, in the event of negligible impairment of functionality, in the event of natural wear and tear or damage resulting from improper or negligent handling or storage, excessive use, in the event of unsuitable equipment or external factors not provided for in the contract, the customer shall not be entitled to assert his rights and claims under the warranty for hidden defects. If subsequent performance fails and the customer is still entitled, on the one hand, to demand further subsequent performance and, on the other hand, to assert his statutory rights, the seller may request the customer to assert his rights within a reasonable period. If applicable, the customer is obliged to inform the seller in writing (e.g. by e-mail, fax or letter). The deadline is met if the customer's declaration reaches the seller before the expiry of the said period. If the customer does not assert his rights in due time, he may assert these rights, in particular the right to withdraw from the contract or to claim compensation instead of performance, only if a new reasonable period set by him for subsequent performance has expired without success. This clause does not apply to consumers.

11.11 The customer's right of recourse against the seller pursuant to § 445a only applies if the customer concerned has not concluded an agreement with his buyer that goes beyond the applicable statutory warranty rights. This clause does not apply to consumers.

11.12 The shortened limitation period and the exclusion of liability provided for in paragraph 11 of these General Terms and Conditions shall not apply in the event of intentional or negligent injury to life, body or health, in the event of deliberate breach of duty or gross negligence of the seller, in the event of fraudulent concealment of a defect, in the event of a relevant warranty regarding the quality of the products or in the case of claims made under the Product Liability Act.

11.13 To the extent that, under this Agreement, the Seller provides updates, upgrades, new program versions or other new content in relation to the subject matter of the original Agreement, this paragraph 11 shall apply mutatis mutandis.

11.14 In the event of legal defects, the provisions of this paragraph 11 shall apply accordingly.

12) Guarantee for contracts referred to in paragraph 3.3 b)

12.1 The provisions of this paragraph 12 apply to contracts entered into under paragraph 3.3 b).

12.2 In the event of material defects, the customer may assert his rights in accordance with the legislation in force. Where applicable, the customer is required to inform the seller as soon as possible of any material defects found.

12.3 The customer is not entitled to demand immediate termination (termination for fault) of a given contract, based on the seller's refusal to grant the use stipulated in the contract, pursuant to § 543 (2) sentence 1 point 1 of the French Civil Code. This provision does not apply in the event of willful misconduct on the part of the seller, or in the event of a delay in delivery attributable to the seller.

12.4 The customer may not assert its rights and claims regarding hidden defects in the following cases: the software is used in an improper or abusive manner; there has been modification or alteration of the software without the prior written consent of the seller; problems or errors arise as a result of use in a hardware or software environment that does not comply with the technical requirements described in the license certificate – unless the customer demonstrates that the defect is caused by the software itself.

12.5 In the event of insignificant deviations from the agreed quality, in the event of negligible impairment of functionality, in the event of natural wear and tear or damage resulting from improper or negligent handling or storage, excessive use, unsuitable equipment or external factors not provided for in the contract, the customer shall not be entitled to assert its rights and claims under the warranty for hidden defects.

12.6 The exclusion of liability provided for in paragraph 12 of these GTC does not apply in the event of intentional or negligent injury to life, body or health, in the event of deliberate breach of duty or gross negligence of the seller, fraudulent concealment of a defect, in the event of a relevant guarantee regarding the quality of the products or in the case of claims made under the Product Liability Act.

12.7 To the extent that, under this Agreement, the Seller provides updates, upgrades, new program versions or other new content in relation to the subject matter of the original Agreement, this paragraph 12 shall apply mutatis mutandis.

12.8 In the event of legal defects, the provisions of this paragraph 12 shall apply accordingly.

13) Liability for other breaches of contractual obligations

13.1 If there is a breach of a contractual obligation, and it does not involve material or legal defects pursuant to paragraphs 11 and 12, the seller shall be liable for any intentional or grossly negligent conduct committed by its organs or vicarious agents and – regardless of the degree of culpability – for any damage resulting from injury to life, limb or health.

13.2 The seller shall also be liable for any minor negligence committed by its organs or agents, if it concerns the impossibility of performing a given contract, a delay in performance, the breach of a warranty or a breach of any other essential contractual obligation. Essential contractual obligations are those whose fulfillment in themselves is necessary for the proper execution of the contract and whose compliance the other party is entitled to expect. In these cases, the seller's liability is limited to the typical damage that the seller could reasonably foresee at the time of conclusion of the contract.

13.3 Any liability of the seller beyond the liability cases described in paragraphs 13.1 and 13.2 – regardless of the legal basis – is excluded. This applies in particular to all claims arising from the breach of contractual obligations, as well as to any tort liability, but does not apply to claims arising from damages incurred during the conclusion of the contract.

13.4 The seller assumes no liability for any loss of data during verification, any necessary repair measures or other services. It is the customer's responsibility to ensure that the data stored on the relevant devices or data storage devices is secure and that no sensitive data is stored there.

13.5 Each of the limitations of liability agreed with the customer also applies to the seller's bodies and agents.

13.6 The above provisions shall not prejudice any rights arising from the Product Liability Act.

14) Use of promotional vouchers

14.1 Vouchers issued free of charge by the Seller as part of promotions with a specific validity period, and which cannot be purchased by the Customer (hereinafter referred to as "Promotional Vouchers") can be used exclusively in the Seller's online store and only within the specified period.

14.2 Certain items may be excluded from promotions, provided that the exclusion has been mentioned on the promotional voucher.

14.3 Promotional vouchers can only be used before the order is finalized. Any subsequent compensation is excluded.

14.4 Only one promotional voucher may be used per order.

14.5 The value of the products must be at least equal to the amount of the promotional voucher. Any remaining balance is not refundable by the seller.

14.6 If the value of the promotional voucher is insufficient to cover the order, the difference may be paid using one of the payment methods offered by the seller.

14.7 The balance of a promotional voucher is not paid in cash or interest.

14.8 If, pursuant to his right of withdrawal provided for by law, the customer returns the products fully or partially paid for with a promotional voucher, the seller will not refund the promotional voucher under any circumstances.

14.9 The promotional voucher is transferable. The seller may, with discharge effect, make payment to the holder exchanging the promotional voucher in the seller's online store. This provision does not apply in the event of knowledge, or lack of knowledge through culpable omission, of an incapacity or absence of right of representation of the holder concerned.

15) Final provisions

15.1 The contractual partner is only entitled to assign rights and assert claims arising from the contractual relationship to third parties with the prior written consent of the seller. Section 354a of the French Commercial Code () remains binding; Section 354a does not apply to consumers.

15.2 If a contractual provision is invalid, the validity of the remainder of the contract shall not be affected. The invalid provision shall then be replaced by another provision that best suits the commercial purpose of the contract. In the event of a deficient contract, the above procedure shall be applied accordingly.

15.3 These General Terms and Conditions are subject to French law, without excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and references to private and procedural international law. With regard to consumers, this choice of the applicable legal framework is only valid to the extent that the protection conferred is not withdrawn by mandatory provisions of the law of the country where the consumer has his habitual residence.

15.4 In the event of a dispute arising from contracts to which these General Terms and Conditions apply, the French courts (in accordance with the seller's registered office) shall have exclusive jurisdiction. The seller is nevertheless entitled to assert its rights against the customer before any competent court having seized jurisdiction. This clause does not apply to consumers.

15.5 The EU Commission provides an online dispute resolution platform at the following address:
https://ec.europa.eu/consumers/odr . This platform serves as an interface for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer. The seller is not obliged to participate in a dispute resolution procedure by mediation, but is, in principle, willing to do so. This provision does not affect the other provisions of paragraph 15.