Terms and Conditions, Warranty Conditions

General Terms and Conditions of Software-Monkeyz eK

1. General

1.1 Customers within the meaning of these General Terms and Conditions (GTC) can be both consumers and entrepreneurs.

1.2 An entrepreneur is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity. A partnership with legal capacity is a partnership endowed with the capacity to acquire rights and incur liabilities.

1.3 A consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.

2. Offer, conclusion of contract

The products and services listed by the seller on Amazon do not constitute binding offers for the seller; rather, they are an invitation to the customer to submit a binding offer by placing an order.

By submitting the order from the "virtual shopping cart," the customer places a binding order for the items contained therein. The seller will confirm receipt of this order to the customer immediately by email.

The purchase contract is concluded upon the express acceptance of the order in text form or upon delivery of the goods by the seller. In this respect, the seller is entitled to accept the customer's contractual offer within two working days of receipt of the order.

3. Prices, shipping costs

All prices quoted are total prices including VAT or subject to differential taxation according to Section 25a of the German Value Added Tax Act (UStG), plus shipping costs. Packaging and shipping costs are listed in the respective offer.

4. Retention of title

The goods delivered by the seller remain his property until full payment has been made.

5. Means of payment; delivery; delivery restrictions; shipping costs; transfer of risk

5.1 Customers have various payment methods available, which are specified on the respective offer page of the seller.

5.2 If advance payment is agreed, payment is due immediately after conclusion of the contract.

5.3 If the customer chooses a payment method offered by PayPal, payment will be processed via the online payment service PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: "PayPal"), subject to the PayPal Terms of Use, which you can view at the following domain: .paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the terms and conditions for payments without a PayPal account, available at .paypal.com/de/webapps/mpp/ua/privacywax-full.

5.4 If the customer selects "PayPal Invoice" as the payment method, the seller assigns its payment claim against the customer to PayPal within the framework of an ongoing factoring agreement. Before accepting the seller's assignment declaration, PayPal will conduct a credit check using the transmitted customer data. In the event of a negative credit check result, the seller reserves the right to refuse the "PayPal Invoice" payment method to the customer. If PayPal accepts the "PayPal Invoice" payment method, the customer must pay the invoice amount to PayPal within 14 days of receiving the goods. Due to the assignment of the claim, the customer can only make payments with a debt-discharging effect to PayPal. The general terms and conditions for the use of PayPal's purchase on account apply, available at .paypal.com/de/webapps/mpp/ua/pui-terms. The seller remains responsible for general customer inquiries (e.g. regarding the item, shipping times, complaints, etc.) even in the event of an assignment of claims.

5.5 Delivery is subject to the shipping costs stated in the item description. We will inform you of any delivery restrictions, if any exist.

5.6 If the customer is a consumer, the seller bears the shipping risk regardless of the shipping method. If the customer is a business, all risks and dangers of shipping are transferred to the customer as soon as the goods have been handed over by the seller to the commissioned logistics partner.

6. Cancellation policy

If you are an entrepreneur (see section 1.2 of our Terms and Conditions) within the meaning of Section 14 of the German Civil Code (BGB), the right of withdrawal does not apply. For consumers (any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor to their independent professional activity), the following applies:

6.1 Digital goods
Digital goods and virtual goods are excluded from the right of withdrawal because, due to their nature, they are not suitable for return. This is regulated by the General Data Protection Regulation (GDPR).

A return and the corresponding refund of the value of the goods cannot be granted after the transfer of a virtual or digital good, as the goods are then considered to have been unsealed and are therefore unsuitable for return.

a) for contracts for the delivery of goods, the following applies:

Right of withdrawal

You have the right to withdraw from this contract within 1 month without giving any reason.

The cancellation period shall be 1 month from the day on which you or a third party other than the carrier designated by you takes possession of the goods.

To exercise your right of withdrawal, you must contact me

Software-Monkeyz ek

Grossenhainer Straße 4A

01609 Gröditz

Phone: 035263-461220

Email: Info@software-monkeyz.de

by means of a clear statement (e.g., a letter sent by post, telephone, or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but this is not mandatory.

To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the cancellation period has expired.

Consequences of revocation

If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund.

We may refuse to refund until we have received the goods back or until you have provided evidence that you have returned the goods, whichever is the earlier.

You must return or hand over the goods to us promptly and in any event no later than fourteen days from the date on which you notify us of the cancellation of this contract. This deadline is met if you send the goods before the expiry of the fourteen-day period.

You shall bear the direct costs of returning the goods.

You only have to pay for any loss of value of the goods if this loss of value is due to handling of the goods which is not necessary to check their quality, properties and functioning.

Consequences of revocation

If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by us), promptly and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this refund.

Sample cancellation form

(If you wish to cancel the contract, please fill out this form and return it.) To:

Software-Monkeyz ek

Grossenhainer Straße 4A

01609 Gröditz

Phone: 035263-461220

Email: Info@software-monkeyz.de

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the

the following goods (*)/the provision of the following service (*)

……………………..………………………………………………………………………

Ordered on (*)/received on (*)

………………………………………………………………………………………………………………

Name of consumer(s) ……..……………………………………………………………

Address of the consumer(s) ……………………………………………………………

Signature of the consumer(s) (only if notification is made on paper)

………………………………………………………………….…

Date …………………………….

(*) Delete as appropriate.

Terms and Conditions, Warranty Conditions (Part 2)

7. Notes

7.1 Unless otherwise agreed by the parties, the right of withdrawal does not apply to the following contracts:

Contracts for the supply of goods which are not prefabricated and for whose production an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer,
Contracts for the supply of goods which are liable to deteriorate quickly or whose expiry date would be quickly exceeded,
Contracts for the supply of alcoholic beverages, the price of which was agreed upon conclusion of the contract, but which can only be delivered 30 days after conclusion of the contract at the earliest and whose current value depends on fluctuations in the market over which the trader has no influence,
Contracts for the delivery of newspapers, magazines or illustrated magazines, with the exception of subscription contracts.

The right of withdrawal expires prematurely, unless the parties have agreed otherwise, for the following contracts:

Contracts for the supply of sealed goods which, for reasons of health protection or hygiene, are not suitable for return if their seal has been removed after delivery,
Contracts for the supply of goods if, after delivery, they have been inseparably mixed with other goods due to their nature,
Contracts for the supply of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery.

7.2 Please avoid damage or contamination of the goods. Please return the goods to us in their original packaging, if possible, with all accessories and packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please ensure that you use suitable packaging to adequately protect them from transport damage.

7.3 Please note that the above-mentioned clause 7.2 is not a prerequisite for the effective exercise of the right of withdrawal.

8. Compensation in case of revocation

In the event of cancellation of the contract, the customer must, in deviation from Section 346 Paragraph 2 No. 3 of the German Civil Code (BGB), pay compensation for any loss in value of the goods if the loss in value is due to handling of the goods which was not necessary to check the quality, properties and functioning of the goods, and we have informed the customer of his right of cancellation in accordance with Article 246a Paragraph 1 Paragraph 2 Sentence 1 No. 1 of the Introductory Act to the German Civil Code (BGB).

9. Liability for defects, warranty rights, liability

All our goods are subject to statutory liability for defects. The statutory provisions apply to liability and warranty.

The warranty period for used items is 12 months. Claims for damages remain unaffected by this provision. Any warranties do not limit statutory warranty claims.

10. Consumer information for distance contracts for the purchase of goods

10.1 The seller has subjected itself to the Amazon Terms of Use (Code of Conduct) with regard to its sales via the Amazon marketplace, which you can view online at the following link: .amazon.de/gp/help/customer/display.html/ref=footer_cou?ie=UTF8&nodeId=505048

The seller is not subject to any other specific codes of conduct not mentioned above.

10.2 The essential characteristics of the goods offered by the Seller, as well as the validity period of limited-time offers, can be found in the individual product descriptions on the website. The language available for concluding the contract is exclusively German.

10.3 Complaints and warranty claims can be submitted to the address provided in the provider's identification. Information regarding payment, delivery, or fulfillment can be found in the offer.

10.4 At Amazon you have two different options for placing your order.

Order via the shopping cart system

When ordering via the shopping cart system, you first place the selected items in your shopping cart. Once you have selected all the desired items, you can view your shopping cart by clicking on the "Shopping Cart" link. You start the ordering process by clicking the "Proceed to Checkout" button. If you are already a customer, you can log in by entering your email address and password. If you are a new customer, you will need to provide your contact details in the next step. First, you can select the desired shipping address and change it if necessary. You can then select your desired shipping method and, in the next step, the payment method. Your declaration only becomes binding when you reach the "Please review your order" page and click the "Buy now" button.

Until then, you have the option of recognizing, correcting, deleting or canceling your entries throughout the entire ordering process, e.g. by closing the browser window or leaving the page.

1-Click® orders

You can also place so-called 1-Click® orders. To use the so-called 1-Click® ordering function, you must first log in to Amazon and activate the 1-Click® ordering function. You can do this via the "My Account" link. In the "Settings - Account Settings" section, you will find the link "Review or change 1-Click settings." With 1-Click®, you can place your order quickly and without having to go through the shopping cart.

If the function is activated, you have the option of clicking the "Buy now with 1-Click®" button on the item's details page. When using the 1-Click® ordering function, your declaration becomes binding as soon as you click the "Buy now with 1-Click®" button, i.e. by clicking you are making a binding offer to conclude a purchase contract. When you click, an order is automatically created which is sent to the stored delivery address and for which payment is made using the specified payment method. With a 1-Click® order, you no longer have the option of recognising, correcting or deleting your entries or of cancelling the ordering process completely.

If you order multiple items within 30 minutes using 1-Click®, these items will be combined into as few deliveries as possible. You can change or cancel your 1-Click® orders within these 30 minutes.

Note: In order to order with 1-Click®, your browser must accept cookies. Cookies are short data sequences that we store in your browser to identify your customer account. If your browser does not accept cookies, you can simply add items to your shopping cart and then proceed to checkout.

10.5 The seller does not save the contract text itself after the contract has been concluded, and the seller does not make the contract text available to the customer. However, after the contract has been concluded, we will send the customer an order confirmation with all details to the email address you provided, which will once again inform you of all the essential details of your order, our General Terms and Conditions, and your cancellation policy. You have the option of printing out both the General Terms and Conditions and your order with all entered data during the ordering process. You can also print out the contract text using your browser's print function. You can also save the contract text by right-clicking on the website and saving it to your computer. Once the order has been processed, the contract text will no longer be accessible to you.

At Amazon, you can view your orders under “My Account” after logging in.

Terms and Conditions, Warranty Conditions (Part 3)

11. Final provisions

11.1 The contractual relationship between the Seller and the Customer, as well as the respective terms and conditions, shall be governed by the laws of the Federal Republic of Germany. If the Customer is a consumer, the applicable statutory provisions and rights existing in favor of the consumer under the law of the Customer's country of residence remain unaffected by this agreement. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

11.2 If any of the above provisions are not part of the contract or are invalid, in whole or in part, the remainder of the contract shall remain valid. To the extent that the provisions are not part of the contract or are invalid, the content of the contract shall be governed by the statutory provisions.

12. Information for consumers on out-of-court dispute resolution

12.1 Duty to provide information under the ODR Regulation (Article 14 (1) ODR Regulation)

Link to the EU Commission's online dispute resolution platform: ec.europa.eu/consumers/odr My email address is: Info@software-monkeyz.de

12.2 Duty to provide information under the Consumer Dispute Settlement Act (Section 36 VSBG)

I am not obliged and generally not willing to participate in dispute resolution proceedings before a consumer arbitration board.

Warranty conditions

If the product description includes a warranty notice, Mastima GmbH will always assume responsibility for the warranty. I am your first point of contact, even if a manufacturer's warranty is mentioned. The duration of the warranty is stated in the product description and begins upon receipt of the goods.

The guarantee refers to the freedom from defects of the respective product, including functionality, material or production defects.

In case of warranty

If you have a warranty claim, please bring/send me the goods along with all original documents (dated receipt/invoice, if applicable, manufacturer's warranty papers), as well as a problem report.

Address: Software-Monkeyz eK Großenhainer Straße 4A, 01609 Gröditz

This dealer warranty does not limit your statutory rights (i.e., liability for defects). In addition to the statutory warranty, you receive this warranty (dealer warranty) from Mastima GmbH. Therefore, the dealer warranty does not infringe your statutory rights, but rather expands your legal position. The geographical scope of the warranty is Europe-wide.

We are happy to answer any questions you may have.

Software-Monkeyz eK

imprint

Software-Monkeyz ek

Grossenhainer Straße 4A

01609 Gröditz

Phone: 035263-461220

Email: Info@software-monkeyz.de

VAT identification number: DE311594614

Commercial Register: 11022

Dresden District Court

Link to the EU Commission's online dispute resolution platform: ec.europa.eu/consumers/odr