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Terms & Conditions

Table of Contents

I. Scope

The following General Terms and Conditions (hereinafter referred to as T&C) apply to all contracts concluded via our Internet presence between you as our customer and us.

Guido Bender
moreJoomla.com
August-Horch-Straße 9
41812 Erkelenz
Germany

Email address: This email address is being protected from spambots. You need JavaScript enabled to view it.

II. Conclusion of contract

(1) The presentation and advertising of products on our website does not itself constitute a binding offer to conclude a contract, but only the invitation to submit such an offer (application).

(2) You can submit your offer via the online ordering facility provided on our website, via contact form, by e-mail, by fax, by telephone. The GTC become part of the contract if we refer you to the GTC when concluding the contract, give you the opportunity to take note of their content and you agree to the validity of the GTC.

(3) The conclusion of the contract via the online ordering option of our Internet presence takes place in the following steps:

(a) You can select the products offered on our Internet presence and place them in the electronic shopping cart. Before sending the order, you can view and change the contents of the shopping cart at any time. You can correct your entries using the usual mouse and keyboard functions as well as the back function of your internet browser before completing the ordering process by clicking on the Kostenpflichtig bestellen button. You can identify any input errors by carefully reading the information displayed via your Internet browser and by carefully checking the data you have entered. If necessary, you can also use the enlargement function (magnifying glass function) of your Internet browser for this purpose. You can also terminate the ordering process at any time by closing the window of your Internet browser.

(b) By submitting an order via the online ordering option of our website by clicking the button 'Kostenpflichtig bestellen', you place a legally binding order for the products in the shopping cart. However, this request can only be submitted and transmitted if you have previously accepted these GTC by selecting the appropriate checkbox.

(c) We will confirm receipt of your order immediately by e-mail. In this e-mail, your order will be listed again. You can print this out using the print function. This automatic confirmation of receipt merely documents that we have received your order; it does not yet constitute acceptance of your application, unless we expressly declare acceptance therein at the same time as confirming receipt.

(d) You shall be bound by the order for a period of 3 days after placing the order; your right to revoke your order, if any, shall remain unaffected.

(e) The contract shall not be concluded until we have declared acceptance of your application. This declaration is usually made with a separate e-mail (order confirmation).

(4) In our e-mail confirming receipt or order or in a separate e-mail, but no later than upon delivery of the goods, we will send you the text of the contract on a durable medium, for example as an e-mail or paper printout (contract confirmation). The contract text consists of your order, our terms and conditions and the order confirmation.

(5) The contract text will be stored by us in compliance with data protection. Apart from the above sending, we keep

(6) The contract shall be concluded in the German language.

(7) Should the delivery of a product ordered by you not be possible, we refrain from a declaration of acceptance. In this case, a contract is not concluded. We will inform you of this immediately and refund any consideration already received without delay.

(8) If we are unable to deliver a product you have ordered, we will not accept delivery.

(9) If you have provided your email address as part of the ordering process, or indeed as part of any other enquiry, it is your responsibility to ensure that the email address you have provided exists, is correct and that you are able to receive emails at that email address from us or from any third party contracted by us to process your order. Automatic SPAM filters are to be configured or monitored accordingly.

(10) You agree to an invoice transmitted electronically.

(11) All prices stated on our website are total prices including VAT and other price components plus shipping and handling.

III. Right of withdrawal

If you are a consumer in the sense of § 13 BGB (German Civil Code), i.e. a natural person who places the order for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity, you are entitled to a right of withdrawal in accordance with the statutory regulations. Further information on the right of withdrawal can be found in our cancellation policy.

IV. Conditions of delivery

(1) Unless otherwise agreed, delivery will be made to the delivery address provided by you.

(2) If you choose PayPal as the payment method, delivery will be made to the delivery address you provided to PayPal at the time of payment.

(3) The delivery period is 3 days, unless otherwise stated in the product description or otherwise agreed with you. It begins with the conclusion of the contract.

(4)

V. Payment terms

We offer the following methods of payment:

(1) Payment in advance: we offer you a payment in advance by bank transfer. If you select this payment method, our claim to payment of the agreed price becomes due upon conclusion of the contract, subject to a deviating agreement.

(2) Payment on account: We offer you a payment on account. If you select this payment method, our claim to payment of the agreed price shall become due after our service has been provided and an invoice has been issued in this respect. Unless otherwise agreed, the agreed price is payable within of receipt of the invoice without deduction.

We reserve the right to conduct a credit check. In the case of a negative credit report, we are entitled to refuse this payment method.

(3) Payment processing via the payment service provider PayPal: We offer you the following options for payment processing via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as PayPal):

PayPal or PayPal Express: If you select this payment method, you will be redirected to the PayPal website during the ordering process. In order to be able to make the payment, you must register there or log in with your access data there. The terms of use of PayPal apply, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. If you have legitimized yourself there with your access data, you must confirm the payment instruction to us. We will request PayPal to initiate the transaction of the payment following the submission of your order.

For a payment processing via PayPal, the General Terms and Conditions of PayPal https://www.paypal.com/de/webapps/mpp/ua/legalhub-full, the PayPal Terms of Use https://www.paypal.com/de/webapps/mpp/ua/useragreement-full and the provisions for 'Payments without a PayPal account' https://www.paypal.com/de/webapps/mpp/ua/privacywax-full apply in addition.

(4) You may change the payment method stored in your user account at any time.

(5) If you request delivery to a country that is not part of the European Union, this may incur additional costs that are not our responsibility, which you will have to pay. These include, among other things, fees for the transaction of funds abroad by credit institutions such as transfer or exchange rate fees. In addition, there may be public import-related charges such as taxes or customs duties. We draw your attention to the fact that such transaction-related costs may also be incurred, irrespective of the place of delivery, if you make the payment from a country that is not part of the European Union.

VI. Retention of title

Until the purchase price has been paid in full, the delivered goods remain our property.

VII. Warranty

(1) We are liable for material defects or defects of title of delivered goods according to the applicable statutory provisions, in particular §§ 434 ff. BGB (German Civil Code).

(2) If you are an entrepreneur, the following regulations apply to contracts for the delivery of goods:

  • For new goods, the limitation period for defects is one year from the date of delivery of the goods.
  • For used goods, the rights and claims due to defects are excluded.
  • The choice of the type of supplementary performance is entitled to us as the seller.
  • Even if a replacement delivery is made within the scope of liability for defects, the limitation period shall not begin anew.

 

(3) The above limitations of liability and shortening of time limits do not apply

  • for claims for damages and reimbursement of expenses
  • insofar as we as the seller have fraudulently concealed the defect
  • for goods which have been used for a building in accordance with their customary use and have caused its defectiveness
  • for any obligations to provide updates for digital products in the case of contracts for the supply of goods with digital elements.

 

(4) In addition to claims based on material defects or defects of title, there may be warranties given by us for certain goods or manufacturer's warranties granted by manufacturers of certain goods. Such an additional warranty exists on the goods delivered by us only if this was expressly given in the order confirmation for the respective goods. Details of the scope of such warranties are set out in the warranty conditions accompanying the relevant goods, if any.

(5) If goods are delivered to you which show obvious transport damage, we ask you to inform us of this and to complain about the transport damage to the delivery company. However, this will not affect your statutory or contractual warranty rights.

VIII. Digital Content

(1) These T&Cs also apply to contracts for the sale and supply of digital content, subject to any different provisions. Digital content is data not on a tangible medium that is produced and provided in digital form. Unless otherwise agreed, we owe the provision and the granting of the following rights of use:

We grant you a simple, non-exclusive, geographically and temporally unlimited right to use the respective digital content, unless otherwise specified or regulated in the respective service description. The foregoing right of use does not include any transfer to third parties or reproduction for transfer to third parties without our prior consent.

The granting of the aforementioned rights of use is subject to the full payment of the agreed remuneration. We have the right to provisionally allow you to use the digital content prior to this time; however, this does not result in a transfer of rights.

(2) We will provide digital content purchased from us by download.

IX. License Key

(1) These T&Cs also apply to contracts for the sale and supply of licence keys, subject to any different provisions. In this case, we owe the transfer of a license key for the use of the associated digital content (e.g. a software) as well as the granting of the rights required for the use of the respective digital content. You do not acquire any (intellectual) property rights to the digital content itself. In all other respects, the nature and characteristics of the digital content result from the respective service description.

(2) License keys purchased from us will be provided to you by display on screen.

(3) Unless otherwise agreed, the license key provided entitles you to use the Digital Content to the extent and subject to the terms and conditions set forth in the applicable Statement of Work.

(4) The granting of the above right of use is subject to the full payment of the agreed remuneration.

X. Special provisions for promotional vouchers

(1) We also offer promotional vouchers on our website. Unless otherwise agreed, promotional vouchers are vouchers that we provide to you free of charge in connection with promotions, that cannot be purchased, that are only valid for a limited period of time and that can only be redeemed on our website. The following regulations apply to promotional vouchers.

(2) Unless otherwise agreed, promotional vouchers can only be redeemed on our website before the order process is completed. After the expiry of the validity period, promotional vouchers can no longer be redeemed. Promotion vouchers cannot be subsequently offset.

(3) We are entitled to limit the validity of the promotional vouchers to certain products or to exclude the validity for certain products. Any such restriction will be determined by the contents of the relevant promotional voucher.

(4) The total value of your order must equal or exceed the stated value of the promotional voucher. Any difference between these values, i.e. any remaining balance, will not be refunded by us.

(5) If you exercise your statutory right of cancellation and return the relevant goods which you have paid for in whole or in part with the promotional voucher, no refund of the value of the promotional voucher will be made.

(6) No cash payment of the value of the promotional voucher or interest thereon will be made.

(7) If the total value of your order exceeds the value of the promotional voucher, you may pay the amount not covered by the value of the promotional voucher using the payment methods we offer.

(8)

XI. Contractual term and termination in the case of continuing obligations

(1) If we provide services within the framework of continuing obligations, you will find the information on the contract period and contract termination in the service description for our service. You can also find the respective termination modalities, in particular notice periods, in the service description.

(2) In all cases, the right to extraordinary termination for cause remains unaffected. Good cause exists if the terminating party, taking into account all circumstances of the individual case and weighing the interests of both parties, cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period. For the termination, the right of extraordinary termination remains unaffected.

(3) For the termination, the text form applies. The termination can therefore, for example, by fax, e-mail or in writing.

XII. Changes to the GTC or our services

(1) We reserve the right to change our T&Cs or our services,

(a) if our T&Cs or our services have to be adapted to the applicable law, in particular in the event of a change in the legal situation, developments in case law or if we have to comply with a judicial or official decision,

(b) if technical or procedural changes that do not have a material impact on you make it necessary to change the T&Cs or our services,

(c) if we offer new or additional services that must be included in the T&Cs and this does not adversely affect the contractual relationship we have with you, or

(d) if the changes to our T&Cs or our services are merely legally advantageous to you.

 

(2) You will be notified of any changes in writing, by fax or by email. If you do not object to this change within six (6) weeks after receipt of the notification, the changes shall be deemed accepted by you. You will be informed separately of the right to object and the legal consequences of silence.

(3) Your rights regarding the termination of the contractual relationship with us remain unaffected.

XIII. Data protection

For information on the processing of personal data, please refer to our privacy policy.

XIV. Customer Service

For questions, complaints or claims, you can reach us by phone at +492431974 973-3 and by email at This email address is being protected from spambots. You need JavaScript enabled to view it..

XV. Consumer Arbitration Board

We are not willing and not obliged to participate in any dispute resolution procedure before a consumer arbitration board.

XVI. Applicable Law and Jurisdiction

(1) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which you as a consumer have your habitual residence, shall remain unaffected.

(2) If you as a customer are a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from contractual relationships between you and us is our registered office. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.