Terms & Conditions

1. Area of Application

The products offered by Netresearch App Factory AG (hereinafter called “Netresearch”) apply exclusively to commercial ultimate consumers or commercial resellers. The general business terms and conditions of trade underlying these offerings apply to all declarations, contracts and actions made and performed by Netresearch App Factory AG within the scope of these online offerings. Deviating terms and conditions of the customer will be contradicted. They will only be declared part of the agreement if Netresearch consents to it.

2. Object of a Contract

2.1– Within the scope of the online shop, Netresearch offers the customer software in the form of extensions (hereinafter called apps) in addition to the standard software Magento. These apps are available in the so-called Magento App Factory. All Magento- compliant apps certified by Netresearch can be purchased there. The apps offered there were created by Netresearch or developers appointed by Netresearch. Netresearch only offers products created by third parties that were reviewed and approved by Netresearch. Netresearch marks those apps developed by third parties. Terms and conditions concerning these apps may differ from the general business terms and conditions of trade – especially different rules of liability may arise. The respective arrangement is to be found there.

2.2 – The offerings made by Netresearch are no binding offers yet. When ordering, the customer bindingly agrees to conclude a contract. The contract is accomplished when Netresearch accepts the request. Acceptance of the request is disclosed by a confirmation email or conclusively by dispatching or deployment of the app.

2.3 – Netresearch is not bound to the contract if the customer provided false information about their being a commercial consumer and if they are de facto a private consumer. In this case Netresearch has the right to contest the contract. The customer is in no case entitled to the rights arising from trade with consumers.

3. Prices and Terms of Payment

3.1 – The listed prices are net prices.

3.2 – The customer is obliged to pay by credit card or by the provided PayPal system.

4. Delivery Conditions

The customer can download the respective extensions and use them for an online shop according to the terms of licensing stated in paragraph 5 immediately after payment.

5. Terms of License

5.1 – Upon payment the customer is given the non-exclusive, spatial indefinite right to permanently use the software unless settled otherwise in the individual modules. When purchasing a so-called intermediary license the customer is given the non-exclusive right to resell. In this case third parties (commercial users) are given the rights as defined in the first phrase of paragraph 4. Resale is only permitted as a whole, i.e. own usage is then forbidden and all data media must be passed on or cleared, respectively.

The customer purchases the right to use the apps within the scope of a shop application (corresponds with URL).

5.2 – Each use exceeding the terms and conditions determined in the contract is in breach of the contract.

Copyright and other protective right endorsements may not be removed. Adaption of the modules is only permitted within the limits of the statutory regulations of § 69e (decompiling) UrhG (German copyright act) and § 69d par.2 and 3 UrhG as well as par.1 in the case that Netresearch fails to carry out troubleshooting or if the troubleshooting is unsuccessful.

6. Material Defects and Defects of Title

It is spoken of a material defect if the app is not suitable for use as described in the documentation.

It is spoken of a defect of title if the rights necessary for the contractually designated use are not conceded effectively after delivery to the purchaser. Special arrangements relating to apps that were not developed by Netresearch apply.

Claims arising from material defects and defects of title expire by limitation after one year given that the defect has not been fraudulently concealed. In that case the limitation period amounts to three years.The limitation period begins when the download of the software is enabled, at the latest – if agreed – when the key has been transferred. The customer must report any occurring defect instantly.

Defects that are discovered during the limitation period will be amended at no charge. The warranty obligation is omitted if changes have been made without explicit approval or if the apps were used in any other way than designated. The warranty regulations do not apply to the service support.

7. Contract Duration

The contract is valid for an indefinite period of time.

The right to extraordinary termination of the contract remains unaffected.

8. Liability

The liability for payment – for whatever legal reason – is restricted in accordance with this agreement.

The liability for defects caused deliberately or grossly negligent by Netresearch or one of their legal representatives or agents is unaffected. The liability for damages arising from injury to life and limb, the body or health caused by plain negligent breach of duty also remains unaffected.

The liability according to the product liability law remains unaffected. Any other liability is excluded.

9. Support

Netresearch can only perform the support service if the required data are provided within 60 days and the technical requirements have been established with the customer.

If this is not the case or if provision of the service fails after three attempts have been made Netresearch has the right to stop their services and to rescind the component of the contract “Support“. Netresearch can demand a remuneration for the services provided up to that point.

10. Final Clauses

10.1 – The contract is subject to the legal system of the Federal Republic of Germany exclusively. The validity of the United Nations Convention on Contracts for the International Sale of Goods (in particular the central regulations) is excluded explicitly. Place of jurisdiction for all claims arising from or in the context of the contract is Leipzig.

10.2 – Should any clause of this contract be void, the parties involved will agree to a surrogate regulation that economically comes as close to the originally intended goal as possible.

If the contract’s goals cannot be achieved by valid regulations, each party has the right to cancel the contract without notice. In this case no party is obliged to return the services received from the respective other party to the contract. The same applies to potential loopholes in the contract.

Should individual purposes of the contract not be defined completely in this contract, the parties will work out a regulation that is consistent with the economically intended goal of the contract.