1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Gesellschaft für Pferdemedizin e. V. (hereinafter referred to as "Entrepreneur") apply to all contracts for the provision of software in digital form concluded between a consumer or entrepreneur (hereinafter referred to as "Customer") and the Entrepreneur regarding the software products (hereinafter referred to as "Software") presented in the Entrepreneur’s online shop. The inclusion of the Customer's own terms is hereby objected to unless otherwise agreed.

1.2 These GTC also apply to contracts for the provision of license keys unless otherwise stipulated.

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that predominantly are outside their trade, business, or profession.

1.4 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership acting in the exercise of their trade, business, or profession when concluding a legal transaction.

2) Subject of the Agreement

2.1 For contracts concerning the provision of software, the Entrepreneur is obligated to provide the software offered in digital form to the Customer, granting certain usage rights.

2.2 For contracts concerning the provision of license keys, the Entrepreneur is obligated to provide a license key in digital form for the use of the described software, along with granting the agreed rights for its usage.

2.3 The Customer does not acquire intellectual property rights to the software. The source code of the software is not included in the provided software.

2.4 Installation is not part of the contract. The Entrepreneur refers to the installation instructions, particularly concerning the hardware and software environment required for using the software.

2.5 Unless otherwise stated in the product description, the Entrepreneur does not provide individual application support to the Customer.

3) Conclusion of the Contract

3.1 The software products described in the Entrepreneur’s online shop do not constitute binding offers by the Entrepreneur but serve as an invitation for the Customer to submit a binding offer.

3.2 The Customer can submit an offer via the online order form integrated into the Entrepreneur’s online shop. After placing the selected software in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding offer by clicking the button that concludes the order process.

3.3 The Entrepreneur may accept the Customer's offer within five days by:

• Sending a written or text-based order confirmation (e.g., by fax or email), with receipt by the Customer being decisive;
• Providing the ordered software to the Customer; or
• Requesting payment from the Customer.

If multiple alternatives exist, the contract is concluded at the time the first alternative occurs. If the Entrepreneur does not accept the Customer’s offer within the aforementioned period, this constitutes a rejection, and the Customer is no longer bound by their declaration of intent.

3.4 If the Customer selects a payment method offered by PayPal, payment processing is handled by PayPal (Europe) S.à r.l. et Cie, S.C.A., Luxembourg, under PayPal's terms and conditions. By selecting a PayPal payment method and completing the order process, the Entrepreneur accepts the Customer's offer.

3.5 The contract text is stored by the Entrepreneur after conclusion and sent to the Customer in text form (e.g., email, fax, or letter). If the Customer has set up a user account, order details can be accessed through their password-protected account.

3.6 Before submitting a binding order, the Customer can identify input errors by carefully reviewing the information displayed on the screen. A useful method for detecting errors is using the browser's zoom function.

3.7 The language available for the conclusion of the contract is German.

3.8 Order processing and communication generally take place via email. The Customer must ensure the provided email address is accurate and capable of receiving messages.

4) Right of Withdrawal

Consumers generally have a right of withdrawal. Details can be found in the Entrepreneur’s cancellation policy.

5) Prices and Payment Terms

5.1 Unless otherwise stated, the prices listed are total prices, including statutory VAT.

5.2 Additional costs may arise for payments outside the EU, such as transfer fees or exchange rate charges, which are borne by the Customer.

5.3 The available payment methods are communicated in the Entrepreneur’s online shop.

6) Provision of Software

6.1 The Entrepreneur provides the software by sending the Customer a download link via email. The Customer can use the link to download the software and save it to a location of their choice.

6.2 Compliance with delivery dates is determined by when the software is made available for download, and the Customer is notified.

7) Provision of License Keys

License keys are provided as follows:

• By download
• By email

8) Granting of Usage Rights

8.1 The terms and extent of each software license are determined by the manufacturer’s license terms, explicitly referenced in the product description.

8.2 The provided license key authorizes the Customer to use the software as described in the product description and manufacturer’s license terms.

9) Customer's Obligations to Cooperate

9.1 The Customer is responsible for assessing the software's features and ensuring it meets their needs. Setting up the required hardware and software environment is the Customer's sole responsibility.

9.2 The Customer must follow the installation and operational instructions provided by the Entrepreneur.

9.3 The Entrepreneur recommends regular data backups and ensuring precautions are in place to mitigate the risk of software malfunctions.

10) Liability for Defects

10.1 Unless stated otherwise, statutory liability for defects applies.

10.2 For entrepreneurs, liability is limited as follows:

• The Entrepreneur chooses the type of remedy;
• The limitation period for new software is one year;
• Liability for used software is excluded.

10.3 The above limitations do not apply in cases of fraudulent intent, warranty promises, or legal update obligations.

11) Liability

11.1 The Entrepreneur is fully liable in cases of intent, gross negligence, or personal injury. For other breaches, liability is limited to foreseeable damages typical of such contracts.

12) Applicable Law

The law of the Federal Republic of Germany applies, excluding international sales laws.

13) Jurisdiction

For merchants, the exclusive jurisdiction for disputes is the Entrepreneur’s business location.

14) Alternative Dispute Resolution

14.1 The EU Commission provides a platform for online dispute resolution at https://ec.europa.eu/consumers/odr.

14.2 The Entrepreneur is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.