Terms & Conditions
You can also find ours here:
1 General, Scope
1.1 These General Terms and Conditions (abbreviated as “GTC”) govern the sale of software (plugins & templates) by WebStollen (WebStollen GmbH), Prinz-Ludwig-Str. 17, 93055 Regensburg (hereinafter referred to as “WebStollen” or “Provider”) to customers who, at the time of conclusion of the contract, are acting in the exercise of a commercial or self-employed activity (entrepreneurs, § 14 BGB). The sale takes place via the online shop www.webstollen.de, the plugins and templates are exclusively functional with the additional software “JTL-Shop” from the company JTL-Software-GmbH. For more information about this software, see www.jtl-software.de.
1.2 The Customer’s General Terms and Conditions deviating from these Terms and Conditions in whole or in part shall not be accepted unless they have been agreed to in writing. The terms and conditions of WebStollen shall also apply exclusively if services are provided by the provider without reservation in the knowledge of the customer’s conflicting general terms and conditions.
2 Conclusion of contract
2.1 All offers are non-binding, unless otherwise stated.
2.2 The presentation of the software on the webstollen.de website is a non-binding invitation to the customer to place an order. The customer’s order constitutes an offer to conclude a purchase contract. When the customer places an order, WebStollen usually sends an order confirmation. Unless otherwise specified, this order confirmation does not constitute an acceptance of the offer, but is only intended to inform that the order has been received. A contract is only concluded when WebStollen confirms the conclusion of the contract or ships the ordered software.
2.3 WebStollen is entitled to refuse to accept an order.
3 Subject Matter of the Contract, Updates
3.1 The Customer shall purchase the Software in the current version (to be determined by the version number stored therein).
3.2 In the case of the purchase of plugins, the following applies: WebStollen grants the customer the right to receive all updates to the Pluign, which are released for general use by WebStollen within 12 months after conclusion of the contract. These updates can be downloaded by the customer on a dedicated server. Downloading within the license period is the responsibility of the customer.
3.3 The license period may be extended by further remuneration within the framework of existing offers of WebStollen. This offer can be found in the online shop under www.webstollen.de.
3.4 WebStollen does not provide the installation and hosting of the software, this is the responsibility of the customer.
4 Rights
4.1 The Client is granted a non-exclusive, non-exclusive and unlimited right to use the Software. This is subject to reimbursement of the agreed purchase price.
4.2 Copyright notices, version numbers and other information used to identify the program may not be removed or changed.
4.3 The customer is only entitled to change the code form in which the software is supplied, in particular to decompile software supplied in the object code, if the legal requirements are met.
5 Warranty
5.1 With regard to all deliveries and services of WebStollen in execution of this contract, the customer assumes an obligation to investigate and to give notice in accordance with § 377 of the German Commercial Code (HGB).
5.2 The Client shall immediately notify WebStollen in writing of defects, specifying in detail and in a comprehensible manner the circumstances under which they occurred and their effects. Alleged or suspected defects of title must also be reported to WebStollen and any warnings or claims of third parties in connection with an alleged legal defect must be substantiated by WebStollen.
5.3 If WebStollen is obliged to provide subsequent performance due to defects, this may be provided by way of remedy of defects or subsequent delivery at WebStollen’s option. If the subsequent performance is provided by way of remedying defects, it may also be carried out – at the sole discretion of WebStollen and subject to availability – by delivery of a new version, update, upgrade, patch or release. If this is not yet available, but will be available in the foreseeable future, WebStollen may refer the customer to a workaround solution for the relevant period, unless a workaround solution is not reasonable for the customer.
The customer will enable WebStollen to search for and analyze the cause of the defect, provide WebStollen with appropriate support in this process and provide access to the documents from which more detailed circumstances of a defect that has occurred or alleged could result.
If the review of a notice of defects shows that there is no claim for defects, WebStollen may invoice the costs and expenses incurred at hourly rates customary in the industry.
5.4 The limitation period for claims for defects is one (1) year. With regard to the start of the limitation period, the statutory rules apply.
5.5 In cases of fraudulent concealment of a defect by WebStollen, a defect caused by gross negligence on the part of WebStollen, damage to life, limb and health caused by a defect, the statutory provisions shall remain unaffected. In these cases, the statutory limitation periods apply.
5.6 Restrictions on the Customer’s statutory rights due to a defect in this Agreement shall not apply to the extent that WebStollen has assumed a quality guarantee with regard to a Property. Insofar as the rights of the customer and the nature and extent of WebStollen’s liability are expressly stated in a warranty declaration, WebStollen shall only be liable to the extent determined in this way; otherwise to the extent permitted by law.
5.7 WebStollen does not provide any warranty insofar as the customer has made changes or adaptations to the JTL-Shop shop system or the purchased plugin or template. This does not apply if these changes or adjustments are not the cause of the defect in question.
6 Liability
6.1 WebStollen’s liability for all rights and claims arising out of and in connection with the conclusion and performance of this Agreement shall be limited as follows, regardless of the factual or legal basis:
6.2 In the event of gross negligence, WebStollen’s liability shall be limited to the typical damages that were foreseeable for WebStollen at the time of conclusion of the contract. This limitation of liability does not apply in the event of gross negligence on the part of a legal representative or executive of WebStollen.
6.3 In the event of slight negligence, WebStollen shall only be liable to the extent that the damage was caused by a breach of material contractual obligations, whereby this liability shall be limited to the typical damages that were foreseeable for WebStollen at the time of conclusion of the contract.
6.4 Contributory negligence on the part of the customer shall always be taken into account.
6.5 WebStollen’s liability for loss of data also requires that the customer has backed up his data on a suitable data carrier with the necessary frequency and care, but at least once a day, and that this backed-up data can be used to restore the data. WebStollen’s liability is always limited to the amount of effort required to restore the unavailable data from a proper, in particular machine-readable data backup.
6.6 In the event of intent, fraud, claims under the Product Liability Act as well as in the event of injury to life, body or health, WebStollen shall be liable in accordance with the statutory provisions. In this case, the above limitations of liability do not apply.
6.7 The provisions of these sections shall apply to claims for reimbursement of expenses and other liability claims of WebStollen. accordingly.
7 Method of payment
7.1 The agreed prices apply. The customer is not entitled to a discount without a separate agreement.
7.2 WebStollen is entitled to exercise a right of retention in the event of default with regard to its services.
8 Data Protection, Applicable Law, Place of Jurisdiction, Miscellaneous
8.1 Personal data will be processed in the context of the performance of the contract. For details, please refer to our Privacy Policy.
8.2 The substantive law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory provisions of the country in which the customer has his habitual residence remain unaffected.
8.3 The place of performance and exclusive place of jurisdiction for disputes arising out of or in connection with this contract is Regensburg. WebStollen is also entitled to sue at the customer’s registered office.
8.4 Should one or more individual provisions of these GTC be invalid, this shall not affect the validity of the remaining provisions.
9. License Agreement for the Purchase of JTL-Shop Plugins
Here you can find the license agreement for the purchase of JTL-Shop plugins:
