{"id":10017,"date":"2025-12-24T19:34:30","date_gmt":"2025-12-24T19:34:30","guid":{"rendered":"https:\/\/softnexx.de\/?page_id=10017"},"modified":"2025-12-26T21:53:34","modified_gmt":"2025-12-26T21:53:34","slug":"datenschutz-and-agb-s","status":"publish","type":"page","link":"https:\/\/www.softnexx.de\/en\/datenschutz-and-agb-s\/","title":{"rendered":"Datenschutz & AGB\u00b4s"},"content":{"rendered":"
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Terms and Conditions (T&C)<\/strong>
Last Updated: 13 May 2025<\/strong><\/p>

1 General Provisions, Scope<\/strong><\/p>

1. These Terms and Conditions (\u201cT&C\u201d) govern the contractual relationship between Softnexx GmbH and consumers as well as business\ncustomers using the services of Softnexx GmbH (hereinafter referred to as \u201cBuyer\u201d). The version valid at the time the contract is concluded\napplies. The contractual language is German.<\/p>

2. Consumers within the meaning of these T&C are natural persons who enter into a business relationship with Softnexx GmbH for purposes\nthat are not primarily attributable to their commercial or self-employed activities. Entrepreneurs within the meaning of these T&C are\nnatural or legal persons or partnerships with legal capacity who enter into a business relationship with Softnexx GmbH in the course of\ntheir commercial or self-employed professional activities.<\/p>

2 Conclusion of Contract<\/strong><\/p>

1. The offers provided by Softnexx GmbH constitute a non-binding invitation to the Buyer to place an order.<\/p>

2. By placing an order for the desired goods or services, the Buyer submits a binding offer to conclude a purchase contract.<\/p>

3. Softnexx GmbH may accept this offer within two business days by sending an order confirmation or by delivering the goods or performing\nthe service. The order confirmation is sent via email. If the deadline expires without acceptance, the offer is deemed rejected.<\/p>

3 Payment, Due Date, Default<\/strong><\/p>

1. Payment may be made in advance, by credit card, direct debit, or on account. Softnexx GmbH reserves the right to accept or exclude specific payment methods in individual cases.<\/p>

2. If payment is made on account, the Buyer agrees to pay the invoice amount within 14 days from the invoice date.<\/p>

3. If the Buyer defaults on payment, they are liable for any resulting damages, even if accidental, unless the damage would have occurred\ndespite timely payment.<\/p>

4. Interest on the purchase price during default:<\/p>

For consumers: five percentage points above the base interest rate.<\/p>

For entrepreneurs: eight percentage points above the base interest rate.<\/p>

5. The right to claim further damages remains reserved.<\/p>

4 Retention of Title<\/strong><\/p>

1. Delivered goods remain the property of Softnexx GmbH until full payment has been received. Pledging, transfer by way of security, processing, or transformation of the delivered goods is not permitted without explicit consent from Softnexx GmbH prior to transfer of\nownership.<\/p>

5 Right of Withdrawal by Softnexx GmbH<\/strong><\/p>

1. Softnexx GmbH may withdraw from the contract\u2014including outstanding deliveries or services\u2014if incorrect information regarding the Buyer\u2019s creditworthiness was provided or if objective indications of insolvency exist (e.g., insolvency filing, commencement of insolvency proceedings, or rejection of such proceedings due to insufficient assets). Before withdrawing, the Buyer will be given the opportunity to provide advance payment or suitable security.<\/p>

2. In the event of partial withdrawal, services already rendered shall be invoiced and paid for accordingly; claims for damages remain unaffected.<\/p>

6 Prices<\/strong><\/p>

1. The prices stated in the respective offer are final prices plus statutory VAT unless explicitly agreed otherwise.<\/p>

7 Warranty<\/strong><\/p>

(1) Warranty for Consumers<\/p>

a) Softnexx GmbH warrants that the purchased item is free from defects at the time of transfer. If a defect becomes apparent within six months, it is presumed to have already existed at that time. After six months, the Buyer must prove that the defect already existed upon transfer.<\/p>

b) If the purchased item is defective upon transfer, the Buyer may choose whether subsequent performance shall be provided by repair or by\nreplacement. Softnexx GmbH may refuse the chosen method if it would involve disproportionate costs while the alternative method entails no significant disadvantages for the Buyer.<\/p>

c) If subsequent performance fails, the Buyer may either reduce the purchase price or withdraw from the contract and claim damages. In the case\nof minor defects, no right of withdrawal exists.<\/p>

d) Warranty claims expire within two years, or within one year for used goods (excluding claims for damages).<\/p>

(2) Warranty for Entrepreneurs<\/p>

a) Entrepreneurs must inspect delivered goods immediately for quality and quantity discrepancies and notify any identifiable defects in writing within one week of receipt. Hidden defects must be reported in writing within one week of discovery. Timely dispatch of the notice is sufficient for compliance with the deadline. If the notice is not provided in due time, the Buyer bears the full burden of proof.<\/p>

b) Softnexx GmbH shall remedy defects at its discretion either by repair or replacement.<\/p>

c) For entrepreneurs, the limitation period for warranty claims is one year, excluding claims for damages.<\/p>

(3) Return Obligation<\/p>

If a defect-free item is delivered as part of subsequent performance, Softnexx GmbH may request the return of the defective item.<\/p>

(4) Exclusion of Warranty for Improper Use<\/p>

No warranty claims exist for damages caused by improper or non-compliant installation, connection, operation, or storage of the goods by the Buyer.<\/p>

8 Limitation of Liability<\/strong><\/p>

1. Softnexx GmbH is liable for damages\u2014except those resulting from injury to life, body, or health\u2014only if caused by intentional or grossly negligent conduct or by culpable breach of an essential contractual obligation (cardinal obligation). Any further liability for damages is excluded. Claims arising from warranties or the German Product Liability Act remain unaffected.<\/p>

9 Right of Withdrawal (Consumers)<\/strong><\/p>

1. Consumers may withdraw from their purchase within two weeks without providing reasons\u2014either in writing (e.g., letter, fax, email) or by returning the goods.<\/p>

2. The withdrawal period begins once the consumer receives the goods and the written withdrawal instructions. Timely dispatch of the withdrawal is sufficient to meet the deadline.<\/p>

Withdrawal should be directed to:
\u2013\u00a0By mail:<\/strong>\u00a0Softnexx GmbH, Pappelallee 78\/79, 10437 Berlin<\/a>
\u2013\u00a0By email:<\/strong>\u00a0info@softnexx.de<\/a><\/p>

3. For software purchases, the right of withdrawal expires once the seal has been broken. Furthermore, the right of withdrawal is excluded if the service has already begun at the express request of the consumer.<\/p>

10 Applicable Law, Place of Jurisdiction<\/strong><\/p>

1. The laws of the Federal Republic of Germany apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).\nFor consumers, this choice of law applies only insofar as it does not deprive them of mandatory protections granted by the laws of their country of residence.<\/p>

2. If the Buyer is a merchant, a legal entity under public law, or has no general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from this contractual relationship is the registered business address of Softnexx GmbH.<\/p>

11 Formal Requirements<\/strong><\/p>

1. Any amendments, supplements, or termination of this contract must be made in writing. This also applies to any waiver of the written form requirement itself.<\/p>

12 Severability Clause<\/strong><\/p>

1. Should any provision of these T&C be invalid or unenforceable, the remaining provisions shall remain unaffected. The parties agree to\nreplace the invalid or unenforceable provision with a valid one that most closely reflects the economic purpose of the original provision.\nThe same applies in the case of any contractual gaps.<\/p>

End of Terms and Conditions<\/strong><\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>","protected":false},"excerpt":{"rendered":"

Allgemeine Gesch\u00e4ftsbedingungen (AGB)Stand: 13.05.2025 1 Allgemeines, Geltungsbereich (1) Die folgenden Allgemeinen Gesch\u00e4ftsbedingungen (AGB) regeln das Vertragsverh\u00e4ltnis zwischen der Softnexx GmbH und den Verbrauchern sowie Unternehmern, die das Angebot der Softnexx GmbH nutzen (im Folgenden \u201eK\u00e4ufer\u201c genannt). Es gilt jeweils die zum Zeitpunkt des Vertragsschlusses g\u00fcltige Fassung. Die Vertragssprache ist Deutsch. (2) Verbraucher im Sinne dieser […]<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-10017","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/www.softnexx.de\/en\/wp-json\/wp\/v2\/pages\/10017","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.softnexx.de\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.softnexx.de\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.softnexx.de\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.softnexx.de\/en\/wp-json\/wp\/v2\/comments?post=10017"}],"version-history":[{"count":7,"href":"https:\/\/www.softnexx.de\/en\/wp-json\/wp\/v2\/pages\/10017\/revisions"}],"predecessor-version":[{"id":10182,"href":"https:\/\/www.softnexx.de\/en\/wp-json\/wp\/v2\/pages\/10017\/revisions\/10182"}],"wp:attachment":[{"href":"https:\/\/www.softnexx.de\/en\/wp-json\/wp\/v2\/media?parent=10017"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}