General Terms and Conditions
Version 1.0.0 – February 8th, 2024
1. Applicability and scope
The following General Terms and Conditions (hereinafter referred to as "GTC") apply to all business relationships between terminal42 gmbh (hereinafter referred to as "terminal42 gmbh", "us" or "we") and the client (hereinafter referred to as " client" or "you") for products with digital content (hereinafter referred to as "products") purchased via our website extensions.terminal42.ch (hereinafter referred to as "Extension Store" or "website").
The website and the Extension Store are operated by:
UID: CHE-385.299.866 MWST
Phone: +41 32 512 63 42
Individual agreements concluded with the client shall take precedence over these GTC. Conflicting terms and conditions of the purchasing person shall not be recognized.
terminal42 gmbh reserves the right to amend these GTC at any time. All amendments shall become effective upon publication of the new GTC on the website. The relevant date for the applicability of the valid GTC is the date on which the binding order is placed with us when purchasing a product.
2. Conclusion of a purchase agreement
The presentation of the products in the Extension Store does not constitute a legally binding offer, but merely a non-binding online catalog, or a non-binding invitation to customers to order the product in the Extension Store. terminal42 gmbh expressly reserves the right to change the products themselves as well as the contents, such as images, product range, prices, and the descriptions of our products, at any time and without prior notice. Illustrations, images, videos, brochures, advertising, and other information in connection with our products are for information purposes only and are not binding on terminal42 gmbh.
You can place a binding order for the products you have selected via our Extension Store. You can place the products you select in the "shopping cart". This is not yet a binding order. An order is only considered binding when you click on the "Pay now" button on the order page at the end of the order process. Before submitting the order, you can view and change the information at any time, recognize any input errors and correct them, if necessary, before the binding, final submission of the order.
An order confirmation will be sent to you immediately and automatically by e-mail. This confirmation e-mail contains the details of your order and our General Terms and Conditions accepted by you during the order process. The confirmation e-mail only serves as information that we have received your order. The automatic order confirmation does not constitute a purchase contract. By submitting the order, you confirm that you have read the GTC and agree to them without reservation. We recommend that you print out or save the GTC on your computer for the purpose of the online order and your documentation.
After you have placed a binding order, we are free to either accept the order at our own discretion or to reject it by sending you a corresponding notification by e-mail and without assuming any liability towards you or third parties. Any payment already made will be refunded if the order is canceled. Reasons for rejecting an order may include, for example, if a product is no longer available, if we are unable to obtain authorization for payment, if there is reason to believe that you are in breach of these GTC or individual contracts, or in the event of fraudulent or other criminal activity.
Acceptance of the order creates a binding purchase contract with you. Acceptance is effected by making the digital product available for download.
Any commercial distribution or resale of our products is strictly prohibited.
3. Availability and reservation of services for non-deliverable products
All information about the availability of our products is preliminary and approximate. It does not constitute binding or guaranteed information. Liability for unavailable products is expressly excluded.
Our digital products are generally available if they are offered in the Extension Store. If terminal42 gmbh realizes during the processing of your order that the digital products you ordered are not available, for whatever reason, we will inform you immediately. In this case, no contract will be concluded for the unavailable products.
4. Prices and other costs
The prices stated on the product page are exclusive of statutory VAT and other price components (postage, packaging) and are quoted in Euros (EUR). No other taxes or costs are incurred.
The total price of your order, including any additional costs and the VAT to be paid for the respective country, will be displayed at the end of the order process.
By placing a binding order, you declare that you agree to the total price for the products ordered. After the binding order, the price can no longer be adjusted.
terminal42 gmbh reserves the right to change prices at any time. The products will be charged at the prices offered at the time the binding order is placed.
5. Terms of payment / Credit check
Orders are generally due for payment immediately.
You have the option of paying using the payment methods displayed on the website or during the order process. These may change from time to time and depending on your country. In addition, we reserve the right not to offer certain payment methods in specific individual cases and to refer to other payment methods used by us (for example, to hedge our credit risk only those corresponding to the respective credit rating). terminal42 gmbh is expressly authorized by the client to carry out credit checks at its own discretion and, if necessary, to pass on the client's data to third parties for this purpose.
By selecting the means of payment, you authorize the payment, either by entering the credit card data or access data of a payment service provider. You authorize us to collect payments by the appropriate means. In the event of chargebacks, we are entitled to reimbursement of the associated costs and bank processing fees. Furthermore, we are not liable for any fees or other amounts that the card issuer or your bank may charge you because of processing your payment in accordance with your order.
If you pay with a credit card or an alternative payment method, we reserve the right to check the validity of the card, to check the availability parameters for collection and the address data and to request authorization from the card issuer or payment provider. You also confirm that the credit card is valid and that the payment details entered are correct. If the payment is rejected, we reserve the right to cancel the order and stop shipping the products. In this case, we will contact you immediately.
6. Rights of use and copyright
Our digital products are protected by copyright. Unless otherwise stated in the content description in our Extension Store, we grant you the simple, non-exclusive, non-transferable, and non-sublicensable right to use the content provided during the download exclusively for personal use in accordance with copyright law in the manner offered in each case.
Depending on the description in the Extension Store, you can acquire the rights to use the digital products for a fee or free of charge and store them on end devices of your choice (e.g. PC, server, etc.). You are responsible for checking the system requirements and dependencies of extensions as well as the compatibility with your Contao installation. The granting of the rights of use only becomes effective once you have paid the contractually owed remuneration in full.
Once the selected digital product has been paid for, you can install it via the Contao Manager or via Composer using our license package.
Any further use that goes beyond the rights granted is not permitted. For example, it is not permitted to modify the link to a download or the download itself in any way in terms of content or editing or to use modified versions, to make them available to third parties or to copy them for third parties, to make them publicly accessible or forward them, to post them on the Internet or in other networks for a fee or free of charge, to imitate them, to resell them or to use them for commercial purposes.
terminal42 gmbh is authorized to change, interrupt, or discontinue the possibility to download at any time, temporarily or permanently. In addition, we are authorized to delete individual downloads from your account for good cause. This is particularly the case in the event of disputes about any legal infringements. The possibility of deletion is excluded for downloads that are already stored on the purchasing person's own storage location, e.g. their PC or server.
To protect against unauthorized use, terminal42 gmbh can individually mark downloads with digital watermarks so that the original client can be identified and traced in the event of misuse.
7. Right of withdrawal and return
For all purchases of our digital products via our Extension Store, you as a consumer have a right of withdrawal without giving reasons within 14 days of the conclusion of the contract for the digital product. You can withdraw from the contract within 14 days of concluding the contract by sending us (terminal42 gmbh, Marktplatz 9a, CH-3250 Lyss, +41 32 512 63 42, email@example.com) a clear declaration in text form (e.g. a letter sent by post or e-mail) of your decision to withdraw from the contract.
Consumers within the meaning of EU Directive 2011/83 on consumer rights are natural persons acting outside their trade, business, craft, or profession.
Consequences of withdrawal
If you withdraw from the contract, we will refund all payments we have received from you immediately and no later than 14 days from the day on which we received notification of your withdrawal from this contract. The refund will be based on the payment method originally used and will always be made to the corresponding account used for the payment, unless expressly agreed otherwise with you; in no case will you be charged any fees for this refund. Please ensure that you have access to the specified account, as terminal42 gmbh accepts no liability in this regard.
Premature expiry/waiver of the right of withdrawal
The right of withdrawal expires prematurely if we have started to execute the contract after you have expressly agreed that we will start to execute the contract before the end of the withdrawal period, and you have confirmed your knowledge that you will lose your right of withdrawal by agreeing to the start of the execution of the contract.
8. Notice of defects/warranty
terminal42 gmbh warrants that the products correspond to the warranted characteristics and have no defects that impair their value or their suitability for the intended use.
Upon receipt of the products, the client shall immediately check them for correctness, completeness, and possible damages. Defects or damage must be reported to terminal42 gmbh within five business days. Defects that could not be discovered during a proper inspection and only appear later must be reported in writing immediately after their discovery. If you do not inspect the defect or report it immediately, the product is considered approved, and you are no longer entitled to assert claims against us.
The statutory warranty provisions against manufacturing defects/material or production defects apply. The warranty period is 2 years from receipt of the product. Products that have been damaged through the fault of the client are excluded from the warranty.
The warranty claims of the purchasing person shall be limited to replacement delivery or removal of defects/rework to the exclusion of all other claims, in particular reduction or compensation for indirect and consequential damages. terminal42 gmbh shall decide on replacement delivery or rectification of defects at its own discretion. If subsequent delivery or rectification fails, you shall be entitled to withdraw from the contract in case of significant defects.
Please contact us at the following address with the order number, your e-mail address, a description of the fault and other helpful information to report a complaint or for service questions:
terminal42 gmbh, Marktplatz 9a, CH-3250 Lyss, +41 32 512 63 42, firstname.lastname@example.org
9. Registration for an account
By registering an account, you can purchase digital products, view information about your completed, open, and recently shipped orders and manage and save your address details and any payment details. As your data is saved, you do not have to enter it again when you make another purchase.
Registration is free of charge. We reserve the right to delete several applications and to admonish, to block or to delete or change the content of registered customers who violate these GTC or individual agreements.
terminal42 gmbh is not obliged to accept the registration or the order of a re-registered person.
10. Complaints and claims
We attach great importance to your satisfaction. You can reach us at any time using the contact information provided at the beginning of this document. We will endeavor to review your requests and complaints as quickly as possible and will contact you upon receipt of the documents or your submission or complaint. If you have any complaints, please help us by telling us the exact problem or error and, if necessary, provide a copy of the order documents or at least the order number, e-mail address, etc. We will do our best to help you. We will endeavor to respond to you within five business days.
terminal42 gmbh shall be liable in the event of a breach of its own obligations under these GTC and the contractual relationships based thereon for damages caused and proven by it through unlawful intent or gross negligence. Liability is expressly excluded for slight and medium negligence as well as for indirect and consequential damages, whether based on a contract, a tortious act or for any other reason. Indirect damages include, for example, loss of profit, financial loss, damage to reputation, damage caused by computer viruses or loss of data due to temporary impairment or interruption of the availability of terminal42 gmbh's services. Furthermore, terminal42 gmbh assumes no contractual or non-contractual liability for damages caused by auxiliary persons used to provide the service.
The above exclusions and limitations of liability shall not apply in case of culpable injury to life, body and health directly caused by terminal42 gmbh as well as in case of mandatory statutory provisions, including the provisions of the Product Liability Act.
Subject to the foregoing, the total liability under these GTC is limited to the price of the product you have ordered from us, regardless of the reason and to the extent permitted by law.
Events beyond our control
If an event occurs that is beyond our influence and control (so-called force majeure), we assume no liability or responsibility for the non-performance or delayed performance of any obligations arising from these GTC and the contractual relationship based on them. An event beyond our control exists, for example, in the following cases:
Strikes, lockouts or other industrial actions by third parties, invasions, terrorist attacks, war, fire, explosions, storms, floods, earthquakes, epidemics, pandemics, other natural disasters, or the failure of public or private communications networks or the inability to use rail, shipping, air, motor vehicle or other means of public or private transportation.
Should an event beyond our control occur that affects the fulfillment of our obligations under the contract, we will inform you as soon as possible.
12. Security precautions
terminal42 gmbh undertakes to ensure state-of-the-art security in systems, programs, etc. that belong to it and over which it has influence, and to comply with the rules of data protection.
You must ensure the security of the systems, programs, and data within your sphere of influence. In your own interest, you should always keep passwords and usernames secret from third parties.
terminal42 gmbh shall not be liable for improper action or disregard of the risks by you or third parties, excessive use, unsuitable equipment of the client or third parties, extreme environmental influences, actions by the client or disruptions by third parties (viruses, worms, etc.) that occur despite the necessary current security precautions.
13. Data privacy
The information and content published on the website are protected by copyright and are the property of terminal42 gmbh or the respective rights holder. Reproduction, editing, distribution or any other form of utilization is not permitted and requires the prior written consent of the respective rights holder. terminal42 gmbh and the respective rights holder expressly reserve all rights in this respect.
15. Severability clause
Should one of the provisions of these GTC be or become illegal, invalid, or unenforceable for any reason, this shall not affect the validity of the remaining provisions. Unless otherwise agreed, the invalid provision shall be deemed to be replaced by a valid provision that reflects the economic purpose of the provision and the intention of the parties at the time the contract was concluded as far as possible. The same applies to any loopholes in these GTC.
16. Applicable law and place of jurisdiction
These GTC, the contractual relationships based on them, and any disputes shall be governed exclusively by substantive Swiss law, excluding the conflict of laws rules and the United Nations Convention on Contracts for the International Sale of Goods (CISG).
The place of jurisdiction for disputes arising from these contractual relationships shall be the registered office of terminal42 gmbh in Lyss.
These provisions shall only apply insofar as there are no mandatory provisions of the law of the country in which the client has his habitual residence which take precedence over these GTC.