Terms and conditions for MyHome-Control by Dr.-Ing. Wladislaw Waag

German version is legally binding in Germany: https://shop.myhome-control.de/Information/AGB/

Scope

These terms and conditions apply to all purchases at MyHome-Control from Dr.-Ing. Wladislaw Waag [https://shop.myhome-control.de/Information/Impressum/], which are made by private customers.

Prices and shipping costs

Object of performance when purchasing software

Payment is made upon delivery by means of:

• Payment in advance
• PayPal
• SOFORT Überweisung
• Giropay
  

Late payment

If you are in default of payment, we are entitled to charge interest on arrears at a rate of 5 percentage points above the base rate p.a. announced by the Deutsche Bundesbank for the time of the order. If we can be shown to have suffered higher damage caused by delay, we are entitled to assert this.

Right of retention

The customer is only authorized to exercise a right of retention if his counterclaim is based on the same contractual relationship.

Delivery

(1) The delivery of material goods takes place to the delivery address given by the customer within (depending on product)
    - Germany
    - Switzerland
    - Europe
(2) The delivery of digital goods takes place electronically to the email address given by the buyer when registering (as an attachment or as a link to download).
(3) If force majeure (natural disasters, war, civil war, terrorist attack) makes delivery or any other service permanently impossible, MyHome-Control by Dr.-Ing. Wladislaw Waag excluded. We will immediately reimburse any amounts already paid.
(4) MyHome-Control by Dr.-Ing. Wladislaw Waag can also refuse to perform if this requires an effort that is grossly disproportionate to the customer's interest in fulfilling the purchase contract, taking into account the content of the purchase contract and the principles of good faith. We will immediately reimburse any amounts already paid.

Retention of title

The delivered goods remain the property of MyHome-Control by Dr.-Ing. Wladislaw Waag. As long as this retention of title exists, the customer may neither resell the goods nor dispose of them; in particular, the customer may not contractually allow third parties to use the goods.

Defect rights

The statutory defect rights apply.

Software updates

The company MyHome-Control from Dr.-Ing. Wladislaw Waag will provide consumers with updates to the software that are necessary for the digital product to be in conformity with the contract within 2 years of the initial provision of the software. For this purpose, consumers will be informed by e-mail using the e-mail address you provided as contact details. Open source software products offered free of charge as well as open source software products that are offered free of charge by third parties and are installed on the product offered by us are excluded from this regulation (cf. §327 Para. 6 No. 6 BGB). Otherwise, the statutory provisions apply.

Liability

(1) In the event of slight negligence, MyHome-Control von Dr.-Ing. Wladislaw Waag only in the event of a breach of essential contractual obligations and limited to the foreseeable damage. This restriction does not apply to injury to life, limb and health. MyHome-Control from Dr.-Ing. Not Wladislaw Waag.
(2) Regardless of any fault on the part of MyHome-Control von Dr.-Ing. Wladislaw Waag remains a liability of MyHome-Control von Dr.-Ing. Wladislaw Waag in the event of fraudulent concealment of the defect or from the assumption of a guarantee. The manufacturer's guarantee is a guarantee from the manufacturer and does not constitute an assumption of a guarantee by MyHome-Control from Dr.-Ing. Wladislaw Waag.
(3) MyHome-Control by Dr.-Ing. Wladislaw Waag is also responsible for the impossibility of delivery accidentally occurring during your delay, unless the damage would have occurred even if delivery had been made on time.
(4) The personal liability of vicarious agents and employees of MyHome-Control von Dr.-Ing. Wladislaw Waag for damage caused by you through slight negligence.

Applicable Law

The person between you and MyHome-Control from Dr.-Ing. Wladislaw Waag is subject exclusively to the law of the Federal Republic of Germany with the express exclusion of the UN sales law. The mandatory provisions of the state in which you have your habitual residence remain unaffected.

Place of jurisdiction

If, contrary to the information you provided when ordering, you do not have a place of residence in the Federal Republic of Germany or if you move your place of residence abroad after signing the contract or if your place of residence is unknown at the time the action is brought, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship is Munich. The mandatory provisions of the state in which you have your habitual residence remain unaffected.

Dispute resolution

General information requirements for alternative dispute resolution according to Art. 14 Para. 1 ODR-VO and § 36 VSBG (Consumer Dispute Settlement Act):
The European Commission provides a platform for online dispute resolution, which you can find at this address: http://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.