General terms and conditions
GENERAL TERMS AND CONDITIONS OF
https://www.kunomail.de & https://www.kunomailshop.de
Welcome to KUNOMAIL
§ 1 Scope of application and provider
(1) The General Terms and Conditions (hereinafter referred to as "GTC") govern the sale of products and services by Inspired Software (David Kubitsch) (hereinafter referred to as "Supplier") to you, in the version valid at the time of the order.
(2) Deviating GTC of the customer are rejected.
(3) Please read these terms carefully before placing an order with Inspired Software (David Kubitsch). By placing an order with Inspired Software (David Kubitsch), you agree to the application of these terms and conditions to your order.
(4) On KUNOMAIL we offer the sale of the following products:
- email software for Windows PC for direct download
- digital add-on products such as stationery, greeting cards, assistants, skin packages, GIF animations, sound & templates of all kinds
(5) On KUNOMAIL we offer the following services:
- IT support services (set-up help, problem solutions etc.) for a fee.
§ 2 Conclusion of the contract
(1) Contracts on this portal can only be concluded in German.
(2) The offers are directed exclusively to end customers with an invoice and delivery address in:
worldwide. In the case of individual bulky goods, the possible delivery addresses and the place of delivery may be restricted; the restriction is shown in the respective list price.
(3) The customer must be at least 18 years of age.
(4) The presentation of the goods in the online shop does not constitute a legally effective offer. The presentation of the goods merely invites the customer to make an offer.
(5) Your order constitutes an offer to KUNOMAIL to conclude a purchase contract. The customer makes a binding offer when he has gone through the online ordering process by entering the information requested there and clicks on the "buy" button in the last ordering step.
(6) The purchase contract between the Supplier and the Customer shall only be concluded by means of a declaration of acceptance by the Supplier. This takes place on the earlier of the two dates, either sending the goods or sending a confirmation of dispatch by e-mail. Please note that the confirmation of receipt of your order does not constitute a declaration of acceptance in the aforementioned sense.
(7) The validity of contracts for larger than normal household quantities as well as the commercial resale of the object of purchase requires express confirmation on the part of the supplier. This refers both to the number of products ordered as part of one order and to the placing of several orders for the same product where the individual orders comprise a quantity customary in the household.
(8) Your orders will be stored by us after the conclusion of the contract. If you lose your records relating to your orders, please contact us by email or telephone. We will send you a copy of the order data.
(9) Access to the KUNOMAIL service requires registration.
(10) With the registration, the customer accepts the present General Terms and Conditions. The registration creates a contractual relationship between KuNoMAIL and the registered customer, which is governed by the provisions of these GTC.
(11) The presentation of the service on the website does not constitute a legally effective offer. The presentation of the service merely invites the customer to make an offer.
(12) By ordering a paid service, the registered customer enters into a further contractual relationship with KuNoMAIL that is separate from the registration. The user will be informed about the respective chargeable service and the terms of payment before the conclusion of this contractual relationship. The contractual relationship comes into being when the customer confirms the order and payment obligation by clicking on the "buy" button.
(13) You agree to receive invoices electronically. Electronic invoices will be made available to you by e-mail or in the customer account on the website. We will inform you for each supply and service whether an electronic invoice is available. You can find more information about electronic invoices on our website.
§ 3 Description of the scope of services
The scope of services of KUNOMAIL consists of the following services:
The user can send a support request to firstname.lastname@example.org. If the appointment is confirmed, a KUNOMAIL employee will call the customer. The customer receives an e-mail in advance with the terms and conditions of the support, which he must confirm once by e-mail before the support begins. The support is charged by the minute and begins when the KUNOMAIL employee announces it.
§ 4 Prices and shipping costs
(1) Our prices include the statutory value added tax valid at the time and do not include a flat rate for shipping costs or a surcharge for shipping costs. The shipping surcharges vary according to the type of delivery and the nature of the article.
(2) Despite our best efforts, a small number of products in our catalogue may be priced incorrectly. We check prices when we process your order and before we charge payment. If a product is incorrectly priced and the correct price is higher than the price on the website, we will contact you before dispatching the goods to ask if you wish to purchase the product at the correct price or cancel the order. If the correct price of a Product is lower than the price we have quoted, we will charge the lower amount and send the Product to you.
(3) The prices at the time of the order will apply. If list prices are available, the prices of the list price valid at the time of the order will apply.
(4) In order to use KUNOMAIL, registration is first necessary.
(5) In order to be able to purchase the services of the website, the user must register and create a user account.
(6) If the user wishes to make use of a service which is subject to a charge, he will be informed in advance of the fact that the service is subject to a charge. In particular, the user will be informed of the respective additional scope of services, the costs incurred and the method of payment.
(7) The provider reserves the right to charge different fee models for different booking times and user groups and in particular for different periods of use, as well as to offer different scopes of services.
§ 5 Delivery and Cancellation
(1) Unless otherwise agreed, delivery shall be made to the delivery address specified by the customer. On the website, you will find information on the availability of products sold by KUNOMAIL (e.g. on the respective product detail page). We would like to point out that all information on the availability, dispatch or delivery of a product is merely anticipated information and approximate guide values. They do not represent binding or guaranteed shipping or delivery dates, unless this is expressly designated as a binding date in the shipping options of the respective product.
(2) If KUNOMAIL discovers during the processing of your order that products ordered by you are not available, you will be informed of this separately by e-mail or by a message in your customer account. The legal claims of the customer shall remain unaffected.
(3) If a delivery to the orderer is not possible because the delivered goods do not fit through the orderer's entrance door, front door or staircase or because the orderer cannot be found at the delivery address he has given, although the delivery date was announced to the orderer with a reasonable period of notice, the orderer shall bear the costs for the unsuccessful delivery.
(4) Delivery shall be made according to the customer's method of payment. In the case of payment in advance, delivery shall be made after the payment order has been issued to the remitting credit institution. In the case of payment by Paypal, credit card, gift card, direct debit, instant bank transfer or invoice, delivery shall take place after conclusion of the contract.
(5) If your order is shipped in more than one package, you may receive a separate shipping confirmation for each package. In this case, a separate purchase contract will be concluded between us in respect of each dispatch confirmation for the products listed in the respective dispatch confirmation. The contracting party is Inspired Software (David Kubitsch). Notwithstanding your right of cancellation, you may cancel your order for a product free of charge at any time before the relevant despatch confirmation is sent.
(6) This right to cancel does not apply to certain product groups and services, including digital content or software, which are not delivered on a physical data carrier (e.g. on a CD or DVD), provided that the download or use (whichever is the earlier) has begun.
§ 6 Customs
(1) If you order products from KUNOMAIL for delivery outside the European Union, you may be subject to import duties and taxes which will be levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges. Customs regulations vary widely from country to country, so you should contact your local customs authority for more information.
(2) Furthermore, please note that when ordering from KUNOMAIL, you are considered the importer and must comply with all laws and regulations of the country in which you receive the products. The protection of your data is important to us and we would like to draw the attention of our international customers to the fact that cross-border deliveries are subject to opening and examination by customs authorities. For more information, please read our customs information.
§ 7 Terms of payment
(1) Any payment due shall be made to KUNOMAIL in advance, on the due date, without any deductions.
(2) The customer can pay for the goods or services by the following methods of payment:
- Direct debit:
In the event of a return debit note for which the orderer is responsible, Inspired Software (David Kubitsch) shall charge a lump-sum compensation in the amount of 8 € (eight euros). The customer may prove that no damage has been incurred at all or that the damage is significantly lower than the flat rate. The above provisions apply accordingly to payments of the purchase price of goods sold by third-party suppliers.
(3) Certain types of payment may be excluded by the supplier in individual cases.
(4) The customer is not permitted to pay for the goods or services by sending cash or cheques.
(5) If the customer chooses an online payment method, the customer thereby authorises the supplier to collect the amounts due at the time of the order.
(6) If the Supplier offers payment in advance and the Customer chooses this payment method, the Customer shall transfer the invoice amount to the Supplier's account within five calendar days of receipt of the order. The supplier shall reserve the goods accordingly for five calendar days.
(7) If the supplier offers payment by credit card and the customer chooses this method of payment, the customer expressly authorises the supplier to collect the amounts due.
(8) If the Supplier offers payment by direct debit and the Customer chooses this payment method, the Customer shall grant the Supplier a SEPA basic mandate. If, in the case of payment by direct debit, a payment transaction is reversed due to a lack of funds in the account or due to incorrectly transmitted bank details, the customer shall bear the costs for this.
(9) If the supplier offers payment in advance and the customer chooses this method of payment, the customer undertakes to pay the invoice amount within 14 days of dispatch of the goods without any deduction of discount.
(10) Should the customer be in default of payment, the provider reserves the right to claim damages for default.
§ 8 Registration and termination
(1) Furthermore, the customer declares that he and, to the best of his knowledge, no member of his household has been convicted of an intentional criminal offence that endangers the safety of third parties, in particular of a criminal offence against sexual self-determination (§§ 174 ff. StGB, an offence against life (§§ 211 ff. StGB), an offence against physical integrity (§§ 223 ff. StGB), an offence against personal freedom (§§ 232 ff. StGB), or for theft and embezzlement (§§ 242 ff. StGB) or robbery and extortion (§§ 249 ff. StGB) or for drug abuse.
(2) A user account is for his/her sole and personal use and a user may not authorise third parties to use that account. A user may not transfer his/her account to a third party.
(3) A user is, subject to reservation, entitled to unsubscribe in writing by post, email or telephone at any time without giving a reason. At the same time, it is possible to deactivate the user account completely and manually within the data and settings in the user account. The previously concluded contractual relationship is thereby terminated.
(4) If a user has registered for a paid service, he/she may terminate the contract no later than 14 days before the booking period. If this deadline is not met, the paid service will be extended by this period, depending on the booking period selected, and the cancellation will only take effect at the end of the following booking period. Cancellation is possible by telephone, e-mail or letter and will be confirmed by us in writing. In order that your cancellation can be assigned, the full name, the deposited e-mail address and the address of the customer should be given. In the case of termination by telephone, the individual telephone password is required.
(5) KUNOMAIL may terminate the contract at any time at its own discretion, with or without prior notice and without giving reasons. KUNOMAIL also reserves the right to remove profiles and/or any content published on the website by or on behalf of the user. In the event that KUNOMAIL terminates the user's registration and/or removes the user's profile or published content, KUNOMAIL shall not be obliged to inform the user of the reason for such termination or removal.
(6) Following any termination of any individual use of the services of KUNOMAIL, KUNOMAIL reserves the right to send an information about this to other registered users with whom KUNOMAIL assumes that they have been in contact with the user. KUNOMAIL's decision to terminate the registration of the user and/or to notify other users with whom KUNOMAIL assumes that the user has been in contact, does not imply or state that KUNOMAIL makes statements about the individual character, general reputation, personal characteristics or lifestyle.
(7) Users are obliged not to make any deliberate or fraudulent false statements in their profile and other areas of the portal. Such statements may result in civil action. Furthermore, the operator reserves the right to terminate the existing contractual relationship with immediate effect in such a case.
(8) If a user's access is blocked due to culpable breach of contract and/or the contractual relationship is terminated, the user must pay compensation for the remaining term of the contract in the amount of the agreed fee less the expenses saved. The amount of the saved expenses shall be set at a flat rate of 10% of the fee. Both contracting parties are at liberty to prove that the damage and/or the saved expenses are actually higher or lower.
(9) After termination of the contractual relationship, all user data shall be deleted by KUNOMAIL.
§ 9 Limitation of liability (services)
(1) KUNOMAIL shall not assume any responsibility for the content and correctness of the information contained in the registration and profile data of the purchasers as well as further content generated by the purchasers.
(2) With regard to the service sought or offered, the contract shall be concluded exclusively between the respective ordering parties involved. Therefore, KUNOMAIL is not liable for the services of the participating buyers. Accordingly, all matters relating to the relationship between the buyers, including, without exception, the services received by a seeker or payments due to the buyer, are to be addressed directly to the respective party. KUNOMAIL cannot be held responsible for and hereby expressly disclaims all liability of any kind whatsoever including claims, benefits, direct or indirect damages of any kind, conscious or unconscious, suspected or unsuspected, disclosed or undisclosed, in any way whatsoever in connection with the said matters.
(3) Inspired Software (David Kubitsch) is only liable for damages arising from injury to life, body or health if they are based on an intentional or negligent breach of duty by Inspired Software (David Kubitsch) or an intentional or negligent breach of duty by a legal representative or vicarious agent of Inspired Software (David Kubitsch).
(4) Inspired Software (David Kubitsch) Europe is only liable for other damages, insofar as they are not based on the breach of cardinal obligations (such obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely), if they are based on an intentional or grossly negligent breach of duty by Inspired Software (David Kubitsch) or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of Inspired Software (David Kubitsch).
(5) The claims for damages are limited to the foreseeable damage typical for the contract. In the event of default, they shall amount to a maximum of 5% of the order value.
(6) Claims for damages based on injury to life, limb, health or freedom become statute-barred after 30 years; otherwise after 1 year, with the statute of limitations beginning at the end of the year in which the claim arose and the creditor became aware of the circumstances giving rise to the claim and the person of the debtor or should have become aware of them without gross negligence (§ 199 para. 1 BGB).
(7) The provider reserves the right to check the content of a text written by a user as well as uploaded files for compliance with law and justice and, if necessary, to delete it in whole or in part.
§ 10 Set-off and right of retention
(1) The customer has the right of set-off only if the customer's counterclaim has been legally established or has not been disputed by the provider.
(2) The customer may only exercise a right of retention insofar as its counterclaim is based on the same contractual relationship.
§ 11 Retention of title
Inspired Software (David Kubitsch) retains ownership of the goods until payment has been made in full.
§ 12 Transport damage
(1) If the customer receives the goods with obvious transport damage, the provider requests that the customer complains about this as soon as possible.
(2) Should the customer fail to make a complaint, this shall have no consequences for the statutory warranty rights. The purpose of the complaint is to enable the supplier to assert his own claims against the carrier.
§ 13 Right to claim for defects
(1) If the orderer is a consumer, the warranty and liability for defects of the delivered object of purchase shall be governed by the statutory provisions: Accordingly, in addition to your 30-day return guarantee, purchasers in the European Union have warranty rights for a period of two years from the delivery of the goods and may demand the repair or replacement of products purchased on KUNOMAIL if they prove to be defective or not as described. If the goods cannot be repaired or replaced within a reasonable time or without difficulty, you may demand a refund or reduction of the purchase price.
(2) In the case of used goods, the warranty period may be shorter than two years.
(3) If the orderer is not a consumer, the defect shall be remedied by new delivery or new performance.
(4) If the customer is not a consumer, the limitation period shall be one year. This shall apply insofar as no claims for damages and reimbursement of expenses are asserted which relate to compensation for damage to body and health or to intent or gross negligence.
§ 14 Limitation of Liability (Products)
(1) The supplier is liable for claims for damages by the customer arising from injury to life, body or health or from the breach of essential contractual obligations, as well as for other damages based on their intentional or grossly negligent breach of duty, or one of the legal representatives or vicarious agents of the supplier.
(2) Essential contractual obligations are obligations whose fulfilment is necessary to achieve the objective of the contract.
(3) The provider is liable for breaches of essential contractual obligations that are based on contract-typical, foreseeable damage, provided that the damage was caused by simple negligence. This limitation does not apply to claims for damages by the customer based on injury to life, limb or health.
(4) The provisions of the Product Liability Act remain unaffected.
(5) Insofar as the liability of KUNOMAIL is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents.
§ 15 Cancellation policy
(1) If the customer is a consumer, he shall have a right of revocation in accordance with the following provisions:
(2) Right of revocation
You have the right to revoke this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods (or the last goods, part shipment or piece in the case of a contract for several goods of a uniform order or the delivery of goods in several part shipments or pieces) or from the day of the conclusion of the contract, in the case of digital content that is not delivered on a physical data carrier (e.g. CDs or DVDs), to revoke the contract without giving reasons.
The withdrawal period for services is fourteen days from the day of the conclusion of the contract.
To exercise your right of withdrawal, you must contact us:
Inspired Software (David Kubitsch)
Schönfließer Street 3
Phone: +49 (0)172 3117870
by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the model withdrawal form on our website or send us another clear declaration. If you make use of this option, we will send you confirmation of receipt of such revocation without delay (e.g. by e-mail).
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period and that you have returned the goods via our online return centre within the period defined below.
For additional information regarding the scope, content and explanations of the exercise, please contact our customer service.
(3) Consequences of the revocation
If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within 14 days from the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
We may refuse repayment 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 the goods without undue delay and in any event no later than 14 days from the day on which you notify us of the cancellation of this contract to
Schönfließer Street 3
or to hand over the goods. The deadline is met if you send the goods before the expiry of the period of 14 days. You shall bear the direct costs of returning the goods.
(4) Exceptions to the right of withdrawal
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
The right of withdrawal does not exist or expires for the following contracts:
for the delivery of goods which are not suitable for return for reasons of health protection or hygiene and whose seal has been removed after delivery or which have been inseparably mixed with other goods after delivery due to their nature;
for the delivery of sound or video recordings or computer software in a sealed package if the seal has been removed after delivery;
for the delivery of goods that are manufactured according to customer specifications or are clearly tailored to personal needs
for the delivery of goods which can spoil quickly or whose expiry date would be quickly exceeded;
in the case of services, if KUNOMAIL has provided these in full and you have noted and expressly agreed prior to placing the order that we may commence with the provision of the service and you lose your right of cancellation upon complete fulfilment of the contract;
for the supply of newspapers, periodicals or magazines, with the exception of subscription contracts; and
for the supply of alcoholic beverages, the price of which was agreed at the time of the conclusion of the sales contract, but the delivery of which can only take place after 30 days and the current value of which depends on fluctuations in the market over which the trader has no influence.
§ 16 Exclusion of the right of withdrawal
(1) The right of revocation does not apply to contracts
for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer;
for the delivery of goods that can spoil quickly or whose expiry date would be quickly exceeded;
(2) The right of revocation shall expire prematurely in the case of contracts
for the delivery of sealed goods which are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery;
for the delivery of goods if they have been inseparably mixed with other goods after delivery due to their nature;
for the delivery of audio or video recordings or computer software in a sealed package if the seal has been removed after delivery.
§ 17 Data protection
(1) Should personal data (e.g. name, address, e-mail address) be collected, we undertake to obtain your prior consent. We undertake not to pass on any data to third parties unless you have given your prior consent.
(2) We would like to point out that the transmission of data on the Internet (e.g. by e-mail) can have security gaps. Accordingly, an error-free and trouble-free protection of third party data cannot be completely guaranteed. Our liability in this respect is excluded.
(3) Third parties are not entitled to use contact data for commercial activities, provided that the provider has given prior written consent to the persons concerned.
(4) You have the right at any time to receive complete and free information from KuNoMAIL about the data concerning you.
(5) Furthermore, the user has the right to correct/delete data/restrict processing.
(6) Further information on data protection can be found in the separate data protection declaration.
§ 18 Cookies
(4) We would like to point out that some of these cookies are transferred from our server to your computer system, whereby these are mostly so-called session-related cookies. Session-related cookies are characterised by the fact that they are automatically deleted from your hard drive at the end of the browser session. Other cookies remain on your computer system and enable us to recognise your computer system on your next visit (so-called permanent cookies).
(5) You can object to the storage of cookies, for this purpose a banner is available to which you can object/accept.
(6) You can, of course, set your browser so that no cookies are stored on your hard drive or so that cookies that have already been stored are deleted again. The instructions regarding the prevention and deletion of cookies can be found in the help function of your browser or software manufacturer.
§ 19 Place of jurisdiction and applicable law
(1) The law of the Federal Republic of Germany shall apply exclusively to differences of opinion and disputes arising from this contract, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) The sole place of jurisdiction for orders placed by merchants, legal entities under public law or special funds under public law is the registered office of the supplier.
§ 20 Final provisions
(1) The contractual language is German.
(2) We do not offer any products or services for purchase by minors. Our products for children can only be purchased by adults. If you are under 18, you may only use KUNOMAIL with the assistance of a parent or guardian.
(3) If you breach these terms and conditions and we do nothing about it, we will still be entitled to exercise our rights on any other occasion on which you breach these terms and conditions of sale.
(4) We reserve the right to make changes to our website, policies, terms and conditions, including these T&Cs, at any time. Your order will be subject to the terms of sale, terms of agreement and terms and conditions in force at the time you place your order, unless a change to these terms is required by law or government order (in which case they will also apply to orders you have previously placed). If any provision of these Terms of Sale is invalid, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
(5) The invalidity of any provision shall not affect the validity of the other provisions under the contract. Should this occur, the provision shall be replaced according to meaning and purpose by another legally permissible provision which corresponds to the meaning and purpose of the invalid provision.