Terms & Conditions of Sale – Web Shop
LAST UPDATE 29 AUGUST 2024
Note: For KLANG hardware products purchased through DiGiCo, please refer to the section Terms & Conditions of Sale (DiGiCo) on our Legal Page:
§ 1 – Scope of application
(1) All offers, purchase agreements, deliveries and services based on the orders of our customers via our webshop www.klang.com (hereinafter, “ webshop”) are subject to these Terms and Conditions of Sale (webshop). The customer’s terms and conditions shall not apply, even if we do not separately contradict the applicability thereof in any individual case.
(2) The range of products in our webshop is intended equally for consumers and companies. For the purposes of these General Terms and Conditions, (i) a ‘Consumer’ is every natural person who concludes a contract for a purpose that can be attributed neither to that individual’s commercial activities nor independent professional activities, and (ii) a ‘Company’ is a natural person or legal entity or a partnership with legal capacity acting in the exercise of its commercial or independent professional activities.
§ 2 – Conclusion of contract
(1) All our offers in the webshop are not binding. By placing an order in the webshop the customer is making a binding offer to purchase the relevant product from us.
A binding contract arises after the customer has received the goods (= download of the purchased software key) or our invoice, whichever occurs first.
(2) The process of ordering by the customer starts when a product is placed in the shopping cart. This is done by using the “Add to cart” button on the product details page. The customer can check his/her personal shopping cart at any time by clicking the symbol button “back to cart” in the upper menu bar. The customer can then change the number of products by entering the desired number and confirm his change by clicking the button “Update cart”, or the customer can remove a product from the cart by clicking the button “remove item”.
By clicking this button, the customer will be directed to the checkout page where the billing details will be entered. While on the checkout page, the customer can check his/her personal shopping cart at any time by clicking the button “Edit Order” in the grey cart section on the upper right hand side. The customer can add a coupon or remove a product from the cart by clicking “remove item” below the MachineID.
On the checkout page, the customer must first enter his/her personal billing information on the registration form (email and mail addresses, first and last name, country of residence and – optional – phone number; information on business use and tax ID number). The customer can also choose to add a note to the order into the box “Additional information”. The customer can make corrections or changes to the data entered directly in the relevant entry field. When all information is entered correctly, the customer will be directed to the payment page by clicking the button “continue with step 2”. Here, the customer can enter all necessary payment information (credit card number, date of expiry and CVC Security Code). If the customers wishes to save the payment information for secure 1-click checkout with Link (a payment service provider), he or she can then enter additional information for this purpose (email address, phone number and full name). This is optional, however. Once the payment information is correctly entered, the customer can click “continue with step 3” to proceed to placing the order.
On the “Place order” page, before the order is submitted, the customer is asked to read, understand and accept our Terms and Conditions of Sale (webshop) – i.e. this text – and the cancellation policy added below, as well as our privacy policy. In order to do this, the customer must click the field “I have read and accept the Terms and Conditions of Sale (Webshop) including the information on the right of withdrawal, and the privacy policy”. As our products are of digital content only, the customer must also agree and check “For the purchase of digital content: I expressively permit that the execution of the contract starts before the withdrawal period of 14 days expires and I am aware that the right of withdrawal expires immediately when this contract takes effect (please click here for Cancellation Policy)”, in order to place the order and receive the product immediately. If the customer wishes to change his/her order or the personal or payment information, he/she can click “back to step 2” on the bottom of the page.
The customer places a binding order for the products placed in the shopping cart by clicking on the button “Buy now”. The final page will provide an overview on the purchase, the order details and billing address. The customer will receive an order confirmation, the purchased license as well as an invoice by email.
(3) Order processing and contact are carried out via email. Therefore, the customer must ensure that the email address provided for order processing is correct so it can be used for correspondence. When using spam filters, the customer must ensure that all emails sent by us or our order processing service provider will be received.
§ 3 – Saving the contract
The customer will receive an email with his order data as well as a copy of these Terms and Conditions of Sale (webshop) which includes the information on the right of withdrawal and a template withdrawal form.
The contract text and data will not be saved by us upon conclusion of the contract. Permanent back-ups of the offer must therefore be arranged for by the customer themselves (e.g. by taking a screenshot).
§ 4 – Prices
The prices indicated by the seller include all price components including the respective statutory value added tax where applicable. Value added tax shall be shown separately. Other price components, such as supplementary taxes, duties or other charges may be incurred for cross-border deliveries.
§ 5 – Payment terms
Payment can be made as follows:
– by credit card via Stripe
After placing the order, the customer will be forwarded to Stripe site, where the customer’s payment to the seller will be made by credit card. Debiting the bank account or the credit card depends on the processing of the customer’s banks or the customer’s credit card institution. In this regard, please consider the terms & conditions of your credit card company/bank. If the customers wishes to save the payment information for secure 1-click checkout with Link (a payment service provider), he or she can then enter additional information for this purpose (email address, phone number and full name). This is optional, however.
Please also check the terms & conditions of Stripe and Link for more information.
§ 6 – Data protection
The order processing is done with the help of automatic data processing. We collect, process, and use our customers’ personal data in the scope of order processing as well as during activation and registration of the software. For order processing we may transmit the personal data of the Customer to third parties that may have their domicile outside of the EU (for example, service providers in the USA). Furthermore, we save, process, and use the personal data of the Customer in an anonymized or pseudonymized manner in order to continuously improve our offerings for our customers. Detailed information about the kind, scope, and purpose of the collection, processing, and use of the personal data of our customers can be found in our privacy policy.
§ 7 – Delivery/Download
The purchased software key will be provided by download in the form of …. For this purpose, we will send a link to the email address provided by the customer. The link will in general be available to the customer for an unlimited period of time; however, we reserve the right to deactivate the link one month after purchase at the earliest. We therefor advise our customers to download the software key immediately.
There are no additional shipping costs for downloads. Any telecommunication fees that may occur due to and during the download shall be borne by the customer.
§ 8 – Right of Withdrawal
Consumers have the right to withdraw from the contract without reason within 14 days of the conclusion of the contract (sales contract where purchased goods are solely digital content which is not supplied on a tangible medium).
To exercise the right of withdrawal, the customer must inform us of their decision to withdraw from their contract in writing (email or letter) at
The following model withdrawal form may be used but is not obligatory:
KLANG:technologies GmbH
Wespienstr. 8-10
52062 Aachen
Germany
info@klang.com
To: KLANG:technologies GmbH, Wespienstr. 8-10, 52062 Aachen, Germany
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods:
Ordered on (date): …………………….
Name of Consumer:…………………..
Address of Consumer: ……………………….
Signature of Consumer (only if this form is used on paper)
(*) delete as appropriate
To meet the deadline, it is sufficient to send the information regarding your withdrawal before the withdrawal period of 14 days has ended.
Effects of withdrawal
If the customer withdraws from the contact, we shall reimburse all payments received from the customer without undue delay and in any event not later than 14 days from the day we received information about the decision to withdraw. The reimbursement will by carried out by the same means of payment used by the customer for the initial transaction unless the customer expressively agrees otherwise. The reimbursement will be free of charge for the customer.
We will withhold reimbursement until we have either received back the purchased goods or the customer has supplied sufficient evidence of having sent back the goods, whichever is earlier. The purchased goods must be sent back to us (address see above) without undue delay but in any event no later than 14 days from the day we received information about the decision to withdraw. This deadline is met by sending back the goods before the 14 days period has expired. We will cover the costs for returning the goods if the customer resides within the EU. The customer will be held liable for a diminished value of the returned goods only insofar as this is a result of handling the goods in a way that is not necessary to establish the nature, characteristics and functioning of the goods.
Special Notices:
The right of withdrawal is not applicable in the event of a webshop contract of sale on digital content which is not supplied on a tangible medium, if the customer has expressively permitted for the contract to take effect before the withdrawal period of 14 days expires and has been made aware of the fact that the right of withdrawal expires when the contract takes effect.
§ 9 – Licences
All use of KLANG software is subject to our End User License Agreements (EULA) as well as any additional license agreements (including those of third parties if applicable). Detailed information about licenses and KLANG EULA can be found on our website.
§ 11 – Warranty and Liability
In regard to warranty and liability, the Terms and Conditions of Sale (DiGiCo) apply accordingly.
§ 12 – Language of the contract
The contract language is English.
§ 13 – Consumer Dispute Resolution
We do not agree nor are we obliged to solve disputes with consumers via a Consumer Arbitration Service.
§ 14 – Final provisions
(1) The law of the Federal Republic of Germany shall apply.
(2) Consumers regularly residing outside Germany may also rely on mandatory applicable laws of the country where they reside.
(3) The regulations concerning UN sales law are not applicable.
(4) If the customer is a merchant, legal entity under public law or special fund under public law, the sole place of jurisdiction for all disputes arising from this contract is Aachen/Germany. The same applies if the customer has no general place of jurisdiction in Germany or the EU, or his/her domicile or habitual residence at the time the lawsuit is filed is not known.