Terms & Conditions
Online Shop esdsoft.co is operated and hosted by the company AB-SOFT sp. z o.o. (hereinafter “Seller”) which is domiciled in Poland, ul. Za Raba 2, 34-700 Rabka-Zdrój. The Seller is registered by the Krajowym Rejestrze Sądowym by Sąd Rejonowy for city Kraków under the trade registration number KRS:0000466700; REGON 260703705. The number is in the process of being issued. The VAT-ID is 605-00-70-916.
The person who makes a purchase through www.esdsoft.co becomes a contracting party (hereinafter “Buyer”) and enters into a contract with the Seller. By submitting an order the Buyer enters into a binding contract and accepts these Terms and Conditions. The following Terms and Conditions shall apply to all contracts between the Seller and the Buyer, which are processed through the internet site www.esdsoft.co.
Without any written consent of the Seller the Buyer is not allowed to add any additional clauses or small print and / or modifications to this contract.In case a delivery by post or similar ways is required the Seller delivers only in the territory of Great Britain and European Union.
The appearance of the goods supplied may differ slightly from the image on the website. This applies particularly to different colors, which can be caused by the individual monitor settings and graphic card settings. With the delivery of software, our Terms and Conditions as well as the special licenses and other Terms and Conditions of the manufacturer both apply. Upon acceptance of the software, the Buyer expressly accepts these conditions.
2 Conclusion of the contract
Items shown on esdsoft.co are not considered to constitute an offer, but an invitation to enter into a contract. The Buyer may submit a purchase order on www.esdsoft.co. A purchase order of the Buyer becomes irrevocable after having been confirmed by the Buyer through the “place order” button.
Once we have confirmed the availability of the products / services and verified the method of your payment we will accept your purchase order and the contract becomes effective.When you place an order, you are acknowledging to us that
(a) all details we have been provided with by you for the purpose of purchase the products / services are correct, and
(b) the credit or debit card used to make a purchase on www.esdsoft.co is your own card, that you are authorized to use it, and that there are sufficient funds or credit facilities to cover the cost of any products / services ordered at www.esdsoft.co.
The sales contract is completed with the delivery of the products / services or through our confirmation of your purchase order in writing within a maximum of 14 days. The Seller reserves the right to accept or reject a purchase offer.
If the Seller is not able to deliver the products / services ordered, he reserves the right to offer alternative products / services of at least equal or higher quality. The Seller will inform the Buyer beforehand if any such changes are necessary. In this case the Buyer shall have the right to choose between the alternative offers and a cancellation of his purchase order. In the event of a cancellation, the Seller will refund the Buyer any already made payments within 30 days.
3 Delivery, Transfer of Risk
3.1 Delivery by post
In case a delivery by post or similar ways is required the Seller delivers only in the territory of Great Britain and European Union.Products which are available on stock are usually dispatched for delivery within two (2) working days. In case a product ordered by the Buyer is not available the Sellers shall inform the Buyer immediately.
In this case the Buyer accepts a possible delay in delivery. The Seller reserves the right to make partial deliveries unless partial deliveries are unreasonable for the Buyer.The Seller reserves the right to determine the mode of dispatch, the dispatch route and the company commissioned with the dispatch at Seller´s discretion, provided that the Buyer does not give any other explicit instructions.
The delivery will only be made after the payment has been carried out. The delivery period shall be extended by the time that the Buyer himself is in default of fulfilment of his contractual obligations. Besides the payment of the purchase order the contractual obligations include the obligation to provide us all necessary information and documentation for the purpose of execution of the purchase order.
The Seller is not responsible for delays in delivery caused by legal or official orders (i.e. import and export restrictions). In this case the delivery period shall also be extended in accordance to the duration of the delay. The Seller will inform the Buyer promptly about the beginning and the end of the delay in important case.
In case of delay in delivery caused by a slight negligence our liability for damages is limited to the foreseeable damage. Any additional claims for damages only occur if the delay is caused by intent or gross negligence.Delivery shall be deemed to be made once the products are shipped to the specified address of the Buyer. In this moment the risks of loss, breakage and all other damages and other risks pass to the Buyer. This shall not apply in case the Buyer is qualified as customer in terms of Sec. 13 of the German Civil Code (“BGB”).
In this case delivery shall be deemed to be made once the products are delivered to the specified address; whereupon the risks of loss, breakage and all other damage and other risks pass to you at the delivery address. The Buyer is qualified as a customer within the meaning of Sec. 13 BGB if he is a natural person who acquires products for purposes which re not related to any professional or business activities.
Upon delivery of the products the Buyer will be prompted to kindly confirm safe receipt by his signature (Proof of Delivery). It is his responsibility to ensure that the number of packages corresponds with the number on the Delivery Note. Where a discrepancy occurs or obvious damage is observed, this should be annotated on the Proof of Delivery or the delivery should be refused to be accepted.
The Seller is not liable for discrepancies or damages after the delivery was assumed and no comments in regards to the deviation or damage were made on the proof of delivery. In the case of discrepancies or damage of the delivery, please further explain the comments annotated on the Proof of Delivery within 5 days. If you refrain from providing us this information, we are entitled to assume that all goods were successfully delivered on your behalf.
3.2 Electronically-digital delivered products / services
In case of electronically-digital delivered products or services the delivery will only be made after the payment has been carried out. After the payment has been carried out we deliver the product or service to the email-address we have been provided with by the Buyer.
The delivery shall be deemed be made once the products or services have been sent via email to the email-address we have been provided with. In this moment the risks of loss, breakage and all other damages and other risks pass to the Buyer. The Seller is not liable if the Buyer provides him with a wrong email-address where the products shall be delivered to.
4.1 Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period will expire after 14 days from the day in the case of a sales contract 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 of withdrawal, you must inform AB-SOFT sp. z o.o. which is domiciled in Poland, ul. Za Raba 2, 34-700 Rabka-Zdrój; firstname.lastname@example.org; Tel.+48 18-26-70-720 Fax.+48 18 26 77 369; of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
4.2 Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of 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 carry out such 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 AB-SOFT Sp. z o.o. which is domiciled in Poland, ul. Za Raba 2, 34-700 Rabka-Zdrój; email@example.com; Tel.+48 18 26 70 720 Fax.+48 18 26 77 369; without undue delay and in any event not later than 14 days from the day on which you communicate your withdrawal 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.
4.3 Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
4.4 Delivery by post
Provided that the Buyer is qualified as a customer in terms of Sec. 13 of the German BGB (see also 3.1), the Buyer has the right to cancel the contract within fourteen (14) working days (“deadline time period” or “deadline”) without reasons in writing (e.g. letter, fax, email) or – if the products are received within the deadline time period – revoke by also returning the products.
The deadline starts with the receipt of this instruction in text form (e.g. letter, fax, email), but not prior to receipt of products and also not prior to fulfillment of our information duties according to Article 246 Sec. 2 in connection with Sec. 1 Para 1 and 2 of the German Introductory Law to the Civil Code (“EGBGB”) and our duties according to Sec. 312e Para 1 sentence 1 of the German BGB in connection with Article 246 Sec. 3 of the German EGBGB.
In order to maintain the deadline time period it is sufficient to dispatch the written revocation or the products in due time. In the event that the revocation period ends on a Saturday, Sunday or official holiday the revocation period is extended to the following workday.
The revocation is to be sent to:
AB-SOFT Sp. z o.o. in Poland, ul. Za Raba 2, 34-700 Rabka-Zdrój; firstname.lastname@example.org; Tel.+48 18 26 70 720 Fax.+48 18 26 77 369;
In event of an effective revocation, the products received by both, the Seller and the Buyer are to be returned, and if applicable benefits obtained (e.g. interest) handed over. The Buyer must return the products to the Seller undamaged and in their original condition.
The Buyer bears the costs for the return of the products when the revocation rights have been exercised. During the fourteen (14) day revocation period, the Buyer is obligated to handle the products with care. In particular, they are not entitled to alter the products, such as to remove the serial number or a seal, or register the device/software, unless these changes were necessary the product on its properties and functionality.
The Buyer is obligated to pack the products carefully, regardless of the original packaging in which it was delivered, in order to ensure that they cannot be damaged during transport. The Seller must refund the paid purchase price minus the direct costs for the recovery of the products within fourteen (14) days after the rights of revocation have been exercised. If the Seller does not refund the paid purchase price within fourteen (14) days, default interest comes into effect starting on the 15th day.
The right to revoke revocation is excluded:
(a) the supply of goods made to the consumer’s specifications or clearly personalised;
(b) the supply of sealed audio or sealed video recordings or sealed computer software which were unsealed after delivery
4.5 Electronically-digital delivered products / services
With the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and his acknowledgment he thereby loses his right of withdrawal.
Purchase orders and contracts concerning electronically-digital delivered products or services are legally binding. Purchase orders of license keys are not subject to rights of revocation. As far as the purchase order of one or several license keys has been confirmed and / or the download-link for the electronically-digital product or services has been sent to the Buyer, rights of revocation mentioned 4.1 shall not apply.
Electronically-digital delivered products or services are not able to be returned. In case the Buyer has ordered electronically-digital products or services the Seller recommends to immediately use the download-link and to create backup copies.
In case the Buyer was not able to finish the download, the Buyer shall contact the team of email@example.com. The Buyer takes the risks of loss and all other damages and other risks after the electronically-digital product or service has been bought or downloaded. This includes the risk of loss and all other damages and other risks due to any damages on his computer.
5 Prices, Payment Terms and Invoice
For the purpose of the contract between the Seller and the Buyer the prices displayed at the time of Buyer´s purchase order shall apply. The Seller reserves the right to change the prices from time to time.
The prices at www.esdsoft.co are listed with the possibility of changes in the EUR and include VAT.
Shipping costs and, if applicable, installation fees and training costs are excluded. In case of delivery by post is required the shipping costs are calculated based on the shipping method, the size and the weight of the package. The final costs of the purchase order will be communicated to the Buyer before the confirmation of the purchase order through the “place order” button.
Payment of our invoices is due immediately and without any discount. A payment is considered as having been carried out only when the Seller can dispose of the amount.The Buyer is liable for the accuracy and truthfulness of the information he has provided to the Seller within the framework of the purchase order.
In accordance to national regulations, issued invoices cannot be subsequently changed. For the purpose of payment the Seller accepts following methods: PayPal.
In case the payment by Credit Card or by PayPal has been chosen by the Buyer, transaction fees will be displayed within the order summary before the confirmation of the purchase order through the “place order” button. In order to ensure proper allocation of the payments to the right purchase order the Buyer shall specify the purpose, the invoice number and the customer number.
In the event of a delay in payment, the Seller shall be entitled to charge default interest in accordance to the regulation of the German BGB. The Buyer shall only be entitled to offset if his counterclaim is based on the same contract of sale and this has been judicially determined or has been accepted by the Seller.
6 Reservation of title
The Seller reserves the ownership of the products purchased until all payments resulting from the existing contract relation with the Buyer have been received. In the event of a breach of contract by the Buyer the Seller is entitled to reclaim the products.
7 Warranty / Exclusions
Products purchased from www.esdsoft.co and delivered by post are covered by the statutory guarantee and if necessary by a manufacturer's warranty. In case of hidden, undiscovered defects at the time the contract has become effective the defect warranty in terms of the German BGB shall apply.
The Seller guarantees, according to legal requirements, that the delivery items from the delivery date to their respective technological state are free from faults. The aforementioned shall not apply in case of electronically-digital delivered products or services.
8 Errors and Omissions
The Sellers makes every effort to ensure that all prices and descriptions displayed and quoted on www.esdsoft.co are correct and accurate. In case of an obvious error or omission, the Seller will be entitled to rescind the contract, notwithstanding that the Seller may already have accepted the Buyer´s purchase order and / or received payment from the Buyer.
In that event the Seller´s liability shall be limited to the return of any money that the Buyer has paid in respect of the purchase order. In case of an obvious error, the Buyer shall be entitled to purchase the products or services by paying the difference between the displayed price and the correct price, as confirmed in writing by the Seller after the obvious error has been discovered. An 'obvious error' in terms of this section shall be defined as a pricing error in an amount of 10% less than that price that would have been displayed without that error.
To the fullest extent permissible by German law, the Sellers disclaims any and all warranties of any kind, whether express or implied, in relation to the products or services provided by www.esdsoft.co. This does not affect the Buyer´s statutory rights as a customer mentioned under 7,nor does it affect the Buyer´s right to revocation mentioned under 4.1.
The Seller will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these Terms and Conditions for:
(a) Any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipated savings); or
(b) Any loss of goodwill or reputation; or
(c) Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these Terms and Conditions.
Nothing in the Terms shall exclude or limit the Seller´s liability for death or personal injury resulting from his negligence or that of his servants, agents or employees. The Buyer takes the risks of loss and all other damages and other risks after the electronically-digital product or service has been bought or downloaded.
This includes the risk of loss and all other damages and other risks due to any damages on his computer. Seller is not liable for any data loss, data recovery, hardware damage, systems downtimes and all other related damages which are caused by the Buyer by using the software acquired at www.esdsoft.co.
The Seller shall be entitled to withdraw from the contract if
(a) an application is made to instigate insolvency proceedings on the Buyer’s assets or if these are rejected on account of insufficient assets;
(b) the Buyer is more than 5 working days in arrears with payments due to the Seller in spite of being sent a written reminder;
(c) after signing the contract the Seller becomes aware of circumstances which are capable of reducing the Buyer’s creditworthiness significantly or as a result of which the payment of the Seller’s outstanding accounts could be jeopardized.
11 Use of Buyer´s Data
12 Export Licence
Any necessary consent from the relevant authorities for the delivered products must be obtained by the Buyer on his own behalf and own expense. Refusal of such export license does not entitle him to withdraw from the contract.
13 Rules of Governing Law, Jurisdiction, Place of Performance
In case the Buyer is qualified as a merchant in terms of Sec. 1-7 of the German Commercial Code (“HGB”) or the Buyer is a legal entity under public law, German law and the UN Purchase Law shall apply. In case the Buyer is qualified as a merchant in terms of Sec. 1-7 of the German HGB or the Buyer is a legal entity under public law the place of jurisdiction for all contract legal disputes, including exchanges and bill complaints, will be the city of Gießen. The Seller is also entitled to sue at the Buyer´s location. Provided that the Buyer is qualified as a customer in terms of Sec. 13 of the German BGB (see also 3.1), nothing in these Terms and Conditions shall affect his statutory rights.
14 Final Provisions
If individual provisions of these Terms and Conditions are or become ineffective or in case the Terms and Conditions are incomplete, the effectiveness of the remaining provisions shall not be affected (safeguard clause).The Seller reserves the right to change the general Terms and Conditions in whole or in part. Any change of these Terms and Conditions need be in writing and have validity from the date of their publication on the website. Unless otherwise expressly agreed, these changes are effective retroactively to all previous contracts.