General Terms and Conditions

Terms and Coditions - Withdrawal - License conditions - Privacy

General terms and conditions

1. scope of application

For all orders via our online shop by consumers and business people the following terms and conditions apply.

A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. Entrepreneur is a natural or legal person or a partnership with legal capacity which acts in the exercise of its commercial or independent professional activity when concluding a legal transaction.

The following applies to entrepreneurs: If the entrepreneur uses conflicting or supplementary general terms and conditions, their validity is hereby rejected; they only become part of the contract if we have expressly agreed to this.

2. contractual partner, conclusion of contract

The sales contract is concluded with dr. dresing & pehl GmbH

contract of sale

The presentation of the products in the online shop is not a legally binding offer, but a non-binding online catalogue. You can initially place our products in the shopping basket without obligation and correct your entries at any time before submitting your binding order by using the correction aids provided and explained in the order process. By clicking on the order button, you place a binding order for the goods contained in the shopping basket. The confirmation of the receipt of your order takes place by e-mail immediately after sending the order.

When the contract is concluded with us depends on the method of payment chosen by you:

Invoice

We accept your order by sending a declaration of acceptance in a separate e-mail or by delivering the goods within two days.

Prepayment

We accept your order by sending an acceptance declaration in a separate e-mail within two days, in which we give you our bank details.

Credit Card

When you submit your order, you enter your credit card details and the credit card company performs an authorization check. After your legitimation as the legitimate cardholder, the payment transaction is automatically initiated and your credit card is debited when the order is placed. The contract is concluded with us at the time the credit card is charged.

PayPal Express

During the ordering process you will be redirected to the website of the online provider PayPal. There you can enter your payment details and confirm the payment order to PayPal. After placing the order in the shop, we request PayPal to initiate the payment transaction and thereby accept your offer.

Purchase contract for digital contents / licenses

You can also purchase digital content from our website. This is data which is not on a physical data carrier and which is produced and made available in digital form. This includes in particular the software provided by us as well as the transfer of other rights of use in the form of so-called license keys. Not included is the installation and configuration of the software on your end device.

In the event of the acquisition of digital content, our product presentation on the website represents a direct application for the conclusion of a contract for the download of the software at cost or the acquisition of the respective license keys. By clicking on the button "Buy now", the contract for the use of the software or other transfer of rights of use is concluded at the prices stated in each case.

3. contract language, contract text storage

The languages available for the conclusion of the contract are German and English.

We save the contract text and send you the order data and our general terms and conditions in text form. For security reasons, the text of the contract is no longer accessible via the Internet.

4. transfer of rights of use 

Insofar as you acquire rights of use from us, these are always works protected by copyright. You are granted the simple, non-exclusive, unrestricted right to use them to the extent specified below. This includes loading into the main memory of your terminal as well as the intended use.

A license entitles you to use the software on the number of computers or USB data carriers specified in the article (portable license). The free or demo version may be used within its technical limitations. Commercial use is only permitted with licenses that are expressly marked for this purpose.

The right of use shall only be deemed to have been granted after full payment, until then we reserve the right to deactivate license numbers or quotas.

The copyright lies exclusively with us. You are entitled to make a backup copy and to mark it as such. In this case, a copyright notice must also be affixed.

Our software contains open source software, further information can be found at: https://www.audiotranskription.de/open_source_software.

You may not remove or change copyright notices, serial numbers or other identification features of the products. Unless otherwise expressly agreed, modification, editing, public reproduction, passing on to third parties, in particular by making them available for download, and any copying not covered by the intended use is not permitted.

5. terms of delivery

In addition to the indicated product prices there are shipping costs. You can find out more about the shipping costs in the offers.

We deliver only in the dispatch way. A self-collection of the product is unfortunately not possible.

When purchasing downloads, you will receive a corresponding license number after completion of the order and receipt of payment, with which you can unlock the full version of the software.

6. payment

The following payment methods are available to you in our shop:

Prepayment

If you choose the payment method prepayment, we will give you our bank details in a separate e-mail and deliver the goods after receipt of payment.

Credit card

When you submit your order, you enter your credit card details and the credit card company performs an authorization check. After your legitimation as a legitimate cardholder, the payment transaction is automatically carried out and your card debited.

PayPal Express

During the ordering process you will be redirected to the website of the online provider PayPal. To be able to pay the invoice amount via PayPal, you must be registered there or register first, legitimize with your access data and confirm the payment order to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction.

Invoice

You pay the invoice amount after receipt of the goods and the invoice by bank transfer to our bank account. We reserve the right to offer the purchase on account only after a successful credit check.

7. right of revocation

Consumers are entitled to the statutory right of revocation as described in the revocation instructions. Entrepreneurs are not granted a voluntary right of revocation.

8. retention of title

The goods remain our property until full payment has been made.

For entrepreneurs, the following also applies: We reserve title to the goods until full payment of all claims arising from an ongoing business relationship. You may resell the reserved goods in the ordinary course of business; you assign to us in advance all claims arising from this resale - irrespective of any combination or mixing of the reserved goods with a new item - in the amount of the invoice amount, and we accept this assignment. You remain authorised to collect the claims, but we may also collect claims ourselves if you do not meet your payment obligations.

9. transport damages

For consumers applies: If goods with obvious transport damages are delivered, then you complain such errors please as soon as possible with the deliverer and take up please immediately contact to us. The failure of a complaint or contact has no consequences for your legal claims and their enforcement, especially your warranty rights. However, you help us to be able to assert our own claims against the carrier or the transport insurance.

10. warranty and guarantees

Unless expressly agreed otherwise below, the statutory liability for defects shall apply.

If used goods are purchased by consumers, the following shall apply: if the defect occurs after one year from delivery of the goods, claims for defects shall be excluded. Defects that occur within one year of delivery of the goods can be claimed within the statutory limitation period of two years from delivery of the goods.

For entrepreneurs, the limitation period for warranty claims for newly manufactured goods is one year from the passing of risk. The sale of used goods takes place under exclusion of any warranty. The statutory limitation periods for the right of recourse according to § 445a BGB remain unaffected.

With regard to entrepreneurs, only our own details and the manufacturer's product descriptions, which were included in the contract, shall apply as an agreement on the quality of the goods; we assume no liability for public statements made by the manufacturer or other advertising statements.

If the delivered item is defective, we shall initially provide warranty to entrepreneurs at our discretion by remedying the defect (subsequent improvement) or by supplying a defect-free item (replacement delivery).

The above restrictions and shortening of deadlines do not apply to claims based on damage caused by us, our legal representatives or vicarious agents.

- in the event of injury to life, limb or health
- in case of intentional or grossly negligent breach of duty and fraudulent intent

- in the event of breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)
- within the framework of a guarantee promise, if agreed
- to the extent that the scope of application of the Product Liability Act has been opened up.

Information on any applicable additional guarantees and their exact conditions can be found with the product and on special information pages in the online shop.

The provision of software is subject to supplementary provisions:

We guarantee the agreed quality and that you can use the software without violating the rights of third parties. The warranty does not apply to defects resulting from the software being used in a hardware and software environment that does not meet the requirements specified in the license or for changes and modifications made to the software by the customer without being entitled to do so by law, this contract or on the basis of our prior written consent.

We cannot guarantee that the software is compatible with all possible hardware and software configurations. The selection, installation and use of suitable system requirements are your responsibility. It is also your responsibility to check the compatibility of the software with your system in advance using the free version.

11. Liability

For claims due to damages caused by us, our legal representatives or vicarious agents, we are always liable without limitation.

- in the event of injury to life, limb or health
- in case of intentional or grossly negligent breach of duty
- in the case of guarantee promises, if agreed, or
- to the extent that the scope of application of the Product Liability Act has been opened up.

In the event of breach of material contractual obligations, the fulfilment of which is essential for the proper performance of the contract and the compliance with which the contractual partner may regularly rely, (cardinal obligations) due to slight negligence on our part, on the part of our legal representatives or vicarious agents, liability shall be limited in amount to the damage foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected.

Otherwise, claims for damages are excluded.

For USB stick licenses, the following applies additionally: The license is physically connected to the data carrier. We are not liable for any subsequent loss or damage caused by the connection. Should one of both occur, contact us and we will surely find a solution.

12. dispute settlement

The European Commission provides a platform for online dispute resolution (OS), which you can find here. We are not obliged or prepared to participate in a dispute settlement procedure before a consumer arbitration body.

13. final provisions

If you are an entrepreneur, German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

If you are a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between us and you shall be our place of business.

Instructions on cancellation for digital content

Consumers have a 14 days right to cancel.

Right to cancel

You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods.

To exercise the right to cancel, you must inform us (dr. dresing & pehl GmbH - audiotranskription.de, Deutschhausstrasse 22a, 35037 Marburg, Deutschland, info@audiotranskription.de, Phone: 0049 (0) 6421 590 979 0) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired.

Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us, without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from this contract to us. The deadline is met if you send back the goods before the period of 14 days has expired. You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

Instructions on cancellation for goods

Consumers have a 14 days right to cancel.

Right to cancel

You have the right to cancel this contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day of the conclusion of the contract.

To exercise the right to cancel, you must inform us (dr. dresing & pehl GmbH - audiotranskription.de, Deutschhausstrasse 22a, 35037 Marburg, Deutschland, info@audiotranskription.de, Phone: 0049 (0) 6421 590 979 0) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model cancellation form, but it is not obligatory.

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right of cancel before the cancellation period has expired.

Effects of cancellation

If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract.

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

The right to cancel for a contract for the supply of digital content which is not supplied on a tangible medium willl cease to be available if we have begun with the supply of the digital content after you have given your express consent to begin supply of the digital content before the end of the cancellation period and you have acknowledged that the right to cancel the contract will be lost with the beginning of supply of the digital content.

Model cancellation form

(If you want to cancel the contract, please fill out the form below and send it back to us.)

— To dr. dresing & pehl GmbH - audiotranskription.de, Deutschhausstrasse 22a, 35037 Marburg, Deutschland, info@audiotranskription.de

— I / We(*) hereby give notice that I /We(*) cancel my/our (*) contract of sale of the following goods (*)/for the supply of the following service(*)

— Ordered on (*) / received on (*)

— Name of consumer(s)

— Address of consumer(s)

— Signature of consumer(s) (only if this for is notified on paper)

— Date

(*) Delete as appropriate

Data privacy

The protection of personal data is important to us. Therefore, for you the following information about privacy and data protection:

1. no storage of unnecessary data

We only store the data necessary for a current order and correct accounting. We use the data provided by you to fulfil and process your order. You have the right to free information, correction, blocking and deletion of your stored data at any time. Please contact info[at]dresing-pehl.de or send us your request by post or fax.

We use cookies on various pages to make your visit to our website attractive and to enable the use of certain functions. These are small text files that are stored on your computer. Most of the cookies we use are deleted from your hard disk at the end of the browser session (so-called session cookies). Other cookies remain on your computer and make it possible to recognize your computer during your next visit (so-called permanent cookies).

2. no passing on of your data

We will not pass on your personal data including your address and e-mail address to third parties without your express consent, which can be revoked at any time. Excluded from this are our service partners who require the transmission of data for order processing. (For example, the shipping company responsible for delivery and the bank responsible for payment processing). In these cases, however, the scope of the transmitted data is limited to the required minimum. Credit card data are not stored by us, but are collected and processed directly by our payment service provider PayOne.

3. secure order

Your data is protected by 128bit SSL encryption (Secure Sockets Layer) as soon as you proceed to checkout. Please use an SSL-enabled browser, otherwise SSL protection cannot be guaranteed.

4. Google Services

We use Google Analytics, a web analysis service of Google Inc. "("Google"). Google uses cookies. The information generated by the cookie about the use of the online offer by users is generally transferred to a Google server in the USA and stored there.
Google will use this information on our behalf to evaluate the use of our online offer by users, to compile reports on the activities within this online offer and to provide us with further services associated with the use of this online offer and Internet use. Pseudonymous user profiles can be created from the processed data.

We use Google Analytics only with IP anonymization enabled. This means that Google will reduce the IP address of users within Member States of the European Union or in other states party to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and shortened there. The IP address transmitted by the user's browser is not merged with other Google data.

Users can prevent the storage of cookies by setting their browser software accordingly; users can also prevent Google from collecting the data generated by the cookie and relating to their use of the online offer and the processing of this data by Google by downloading and installing the browser plug-in available under the following link: http://tools.google.com/dlpage/gaoptout?hl=en.

You can prevent Google Analytics from collecting your data by clicking on the following link. An opt-out cookie is set that prevents the collection of your data on future visits to this website: Disable the collection of data by Google Analytics for this website.