General Terms and Condition

• 1.1

  IND EX® Intercontinental Association of Experts for INDustrial EXplosion Protection e.V, Friedrich-Ebert-Anlage 36, 60325 Frankfurt am Main, Germany (hereinafter "Provider") offers various digital content, such as apps and software (hereinafter "Products") in the field of explosion protection for purchase and/or download on its websites.
• 1.2

  These General Terms and Conditions (hereinafter referred to as "GTC") of the Provider apply to all contractual relationships between the Provider and the contractual partner ("Customer") regarding the provision of the aforementioned products.
• 1.3

  The Provider's offer is aimed at both consumers and traders.
• 1.4

  A trader within the meaning of these GTC is a natural or legal person or a partnership with legal personality who, when concluding a legal transaction, is acting in the exercise of their commercial or independent professional activity.
• 1.5

  A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity.
• 1.6

  The source code of products is not subject matter of the contract. Anything to the contrary shall only apply if this is expressly agreed between the Provider and the Customer (collectively the "Parties").
• 1.7

  Only the product and service descriptions provided by the Provider are relevant for the quality of the respective products. The Provider is not responsible for the quality of the products deviating from this. In particular, the Customer cannot derive such an obligation from representations of the products in public statements or in the advertising of the Provider, its employees or sales partners, unless the Provider has expressly confirmed in writing that the quality deviates from the service description.
• 1.8

  Conflicting or deviating general terms and conditions or other terms and conditions of the Customer shall only apply if the parties expressly agree to this, even if the Provider performs the services without reservation in the knowledge of the general terms and conditions or other terms and conditions of the Customer.

• 2.1

  The product descriptions contained on the Provider's websites do not constitute binding offers on the part of the Provider, but are intended to provide Customers with the information required to submit a binding offer.
• 2.2

  The Customer can submit the offer via the online order form integrated into the respective websites of the Provider. After selecting the products to be purchased and going through the electronic ordering process, the Customer submits a legally binding contractual offer in relation to the selected products by clicking the button that concludes the ordering process.
• 2.3

  The Customer can submit the offer to the Provider by e-mail or via the online contact form.
• 2.4

  The Provider can accept the Customer's offer within five days by sending the Customer a written order confirmation or an order confirmation in text form (e-mail), whereby the receipt of the order confirmation by the Customer is decisive in this respect, or by delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive in this respect, or by requesting payment from the Customer after placing the order. If several of the aforementioned alternatives exist, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first.
• 2.5

  The period for accepting the offer begins on the day after the offer is sent by the Customer and ends at the end of the fifth day following the sending of the offer. If the Provider does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
• 2.6

  When an offer is submitted via the Provider's online order form, the contract text is saved by the Provider and sent to the Customer in text form (e-mail) after the order has been sent, together with these GTC. The text of the contract can no longer be retrieved by the Customer via the Provider's website after the order has been sent.
• 2.7

  Prior to the binding submission of the order via the Providers’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical method for better identification of input errors can be the browser’s enlarging function, which can be used to enlarge the display on the screen. The Customer can correct his entries as part of the electronic ordering process using the conventional keyboard and mouse functions until he clicks on the button to complete the order process.
• 2.8

  The contractual documents are available in German and English, whereby only the German version and its interpretation shall be binding for the parties.
• 2.9

  As a rule, the order process and making contact take place by e-mail and automated order processing. The Customer must ensure that the e-mail address specified by him for order processing for order processing is accurate, so that the e-mails sent by the Provider to this address can be received. In particular, when using SPAM filters, the customer must ensure that all of the e-mails sent by the Provider or third parties mandated with the order processing can be delivered.

• The Provider shall make the respective products available to the Customer as a download after conclusion of the contract. Download link and licence key will be sent to the Customer by e-mail. Only one e-mail address can be registered per licence key.

• 4.1

  The Customer has informed itself about the essential functional features of the product and bears the risk that the product meets the Customer’s requirements and needs.
• 4.2

  The Customer shall observe the information provided by the Provider regarding the installation and operation of the product, in particular hardware and software requirements.
• 4.3

  The Customer recognises that the products are based on regulations and standards that were current at the time of delivery. Due to the passage of time, standards and regulations may have changed in the meantime.
• 4.4

  The Customer is responsible for checking whether the version of the product Customer is using is up-to-date or complies with current standards and regulations. The Customer can request an updated version of the product from the Provider.
• 4.5

  The Provider publishes information on new software versions on its website.
• 4.6

  The Provider shall provide the Customer with updates to the software to the extent and for the period described in the offer.

• 5.1

  Expiry of the right of cancellation:

  Please note that your statutory right of cancellation for our digital products expires prematurely when you confirm the checkbox: "I expressly agree that IND EX will begin with the service specified in the order before the cancellation period expires. I am aware that by giving this consent, I lose my right of cancellation upon commencement of the execution of the contract (provision of the download)." Only in justified exceptions do you have the right to cancel this contract within fourteen days. In addition, consumers are generally entitled to a right of cancellation.
• 5.2

  Right of cancellation:

  You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract is concluded. To exercise the right to cancel, you must inform us (IND EX® Intercontinental Association of Experts for INDustrial EXplosion Protection e.V., Friedrich-Ebert-Anlage 36, 60325 Frankfurt am Main, Deutschland, Tel. +49 69 97503-408; E-Mail: This email address is being protected from spambots. You need JavaScript enabled to view it.) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the sample cancellation form below, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires.
• 5.3

  Consequences of cancellation:

  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. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees for this repayment.
  
  Sample cancellation form
  If you wish to cancel the contract, you can, for example, fill in the form below with your information and send it to us (e-mail is sufficient):
  
  IND EX® Intercontinental Association of Experts for INDustrial EXplosion Protection e.V
  Friedrich-Ebert-Anlage 36
  60325 Frankfurt am Main, Germany
  E-mail: This email address is being protected from spambots. You need JavaScript enabled to view it.
  
  I hereby cancel the contract concluded by me for the purchase of the following products Ordered on [...] or received on [...]
  
  Your name
  Your address
  Your signature (only for notification on paper)
  Date

• The right of cancellation for consumer contracts for products expires in accordance with Section 356 (5) German Civil Code (BGB) if the Customer agrees that the Provider begins to execute the contract before the expiry of the cancellation period and if the Customer has confirmed its knowledge that Customer loses its right of cancellation by giving his consent at the beginning of the execution of the contract (Section 5.1).

• 7.1

  The Customer is obliged to pay the remuneration agreed in the course of the order.
• 7.2

  Unless expressly stated otherwise in the Provider's offer, the prices quoted are total prices that include the statutory sales tax or value added tax .

• 8.1

  The licence key provided entitles the Customer to use the product shown in the respective product description to the extent described therein and in the respective version.
• 8.2

  Unless otherwise stated in the aforementioned product description of the Provider, the Provider grants the Customer the non-exclusive right to use the provided products in the respective version for private and business purposes without restriction in terms of location and time.
• 8.3

  The transfer of the products to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted unless the Provider has agreed to the transfer of the contractual licence to the third party.
• 8.4

  The granting of rights shall only become effective once the Customer has paid the contractually owed remuneration in full. The Provider may provisionally authorise the use of the contractual content even before this point in time. Such provisional authorisation does not constitute a transfer of rights.

• 9.1

  The Provider is liable without limitation for intent or gross negligence.
• 9.2

  The Provider is liable for the slightly negligent breach of essential contractual obligations (cardinal obligations) to the foreseeable damage typical for the contract. Essential contractual obligations are those whose breach jeopardises the achievement of the purpose of the contract or whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely. Otherwise, the Provider is not liable for slightly negligent breaches of duty.
• 9.3

  The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
• 9.4

  Insofar as the liability of the Provider is excluded or limited, this also applies to the personal liability of representatives and vicarious agents of the Provider.
• 9.5

  If the purchased item is defective, the provisions of statutory liability for defects shall apply.

• 10.1

  The parties undertake to comply with the applicable data protection regulations, in particular the EU General Data Protection Regulation (GDPR).
• 10.2

  Information on the Provider's data protection can be found in the privacy policy.

• 11.1

  Offsetting:

  The Customer shall only be entitled to set-off or retention against the Provider if his counterclaims have been legally established or recognised by the Provider in writing and if the opposing claims are not mutual performances. The exclusion of the right of retention does not apply if the Customer is a consumer.
• 11.2

  Applicable law:

  The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international sale of goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
• 11.3

  Place of jurisdiction:

  If the Customer is a trader, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Provider’s registered office in Frankfurt am Main. If the Customer is a consumer and the Customer is domiciled outside the territory of the Federal Republic of Germany, the Provider's registered office in Frankfurt am Main shall be the exclusive place of jurisdiction for all disputes arising from this contract.
• 11.4

  Alternative dispute resolution:

  The EU Commission provides a platform for online dispute resolution on the Internet at the following link: http://ec.europa.eu/consumers/odr. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved. The Provider is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.