Terms and Conditions of Use and General Conditions of Sale
I. General Terms and Conditions
You must accept these Conditions of Participation during registration by clicking on the corresponding field.
1. Eligible participants:
Only entrepreneurs, as defined by Section 14 of the German Civil Code (BGB), can be registered as customers.
For this purpose, an entrepreneur is any natural or legal entity or partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.
As a prerequisite a proper registration must be submitted, truthfully stating all the information required using the registration form provided, including but not limited to the provision of valid credit card information for a credit card accepted by Gira or details of an account with a bank in Germany or one of the other countries currently supported by the corresponding standard functionality (which we can change or cancel at any time without notification).
2. No entitlement to participate exists.
3. Customers are obliged to provide truthful information when registering and to notify Gira on their initiative and without undue delay of any changes in the information requested during registration.
Customers are not permitted to masquerade as another person or to use a name that they are not entitled to use during registration. The customers authorise Gira to use any information requested during registration to review the accuracy of this information (including its updating), as well as to obtain credit rating reports occasionally as long as the customers are registered for the Gira AppShop.
4. If false information is provided during registration or if a customer neglects to notify Gira of any changes, Gira may debar the customer with immediate effect. Gira reserves the right to reject a registration at its own discretion at any time and to refuse to deliver services within the Gira AppShop.
5. Customers are solely responsible for the security of their passwords and are not permitted to pass their password onto third parties. The password may be used only to gain access to the Gira AppShop platform in order to make use of the services offered there.
6. The items available from the AppShop are divided into Basic Content, Advanced Content and Expert Content. The customers for these categories are basic, advanced and expert users respectively. All customers can view all items, however the purchase of expert content is reserved for expert users and the purchase of advanced content is reserved for advanced and expert users. A customer registered under these conditions of use is initially classed as a basic user. Activation as an advanced user requires proof of successful completion of the KNX user seminar and of the Braintop network seminar I. Activation as an expert user requires proof of successful completion of Braintop network seminar II + III.
II. Data protection
Customers have been extensively informed by Gira and its affiliated companies about the type, scope, location, and purpose of the collection, processing, and use of the personal/business data required to register for the Gira AppShop and effect transactions. The data privacy statement has been noted.
Gira is authorised to communicate with customers – either electronically or in any other way – concerning their lists, sales, and services and the customer consents to a communication of this type, regardless of any other information or preferences that the customer may have specified in the "My Account" section (or anywhere else) on the Gira AppShop website or otherwise.
The participant can revoke his/her consent at any time. Consent may be revoked electronically or in writing at:
Within the limits of the customer's settings in "My Account", Gira is authorised to provide the customer with information regarding products, service, and marketing offers.
The customer's consent may be revoked at any time. Consent may be revoked electronically or in writing at:
Customers expressly consent to the collection, processing, and use of personal data.
III. Special provisions for software for download
1. Services by Gira
Gira makes software and service products available to customers for purchase and download in the "Gira AppShop" portal.
2. Formation of the contract
a.
The customer's order via the "Gira AppShop" portal constitutes a bid to Gira to conclude a sales contract or gift contract (in the case of products that are made available free of charge) for the software ordered by the customer. The sales or gift contract for the acquisition of the individual software is formed upon receipt of an email from Gira to the customer confirming that Gira has received the customer's order and listing its details (order confirmation), but at the latest when Gira provides the service and the customer begins the download process.
b.
The conclusion of the contract regarding the service products is likewise based on the provisions set out under 2a (above). We should furthermore like to point out that a "disclaimer of liability for its contents" applies. We refer to Item IV of the "General Conditions of Sale" in this respect.
3. Usage rights
3.1
Gira grants the customer a non-exclusive, non-sublicensable, right of use for the software, unrestricted as regards territory and – unless otherwise agreed in the online advertisement for the respective software – without time constraints.
3.2
The right of use granted to the customer covers the following possible uses by the customer:
Only one of the described types of use is permissible. Any use of the software extending beyond the types of use described is expressly forbidden.
Copying any of the installed software or updates is forbidden, unless the following provisions provide otherwise:
All licenses are valid only for one user/one project. If devices are used by more than one user (e.g. employees of the customer), a separate license is required for each user.
3.3
Gira will save a copy of the software for the customer (including the corresponding license key) on Gira's servers for backup purposes for a period of two years following the download (hereinafter referred to as "backup copies").
The customer is permitted to install the backup copy for the purposes of installing it within the scope of the uses described in Section III, Item 3.2 (above), providing that the same copy of the software that has already been downloaded has been damaged, accidentally deleted or otherwise destroyed, gone missing or is unable to be used for another reason, has not been passed on to a third party, and that this installation is necessary in order to use the software.
After two years have elapsed and in the event that the customer account has been deleted, the customer is entitled to make a copy for backup purposes.
4. Transfer to a third party
Definition: For the purposes of this provision, "third party" means a party other than the customer or project customer (see Section III. Item 3.2 of these conditions).
4.1
The customer is permitted to transfer the software and all license keys required to use the software to third parties, with the exception of specifically labelled software, if
4.1.1 the customer deletes the software (including all and any backup copies) on its own systems and also the license keys required to use the software.
4.1.2 the third party gives a commitment to Gira prior to the transfer that it will comply with these Terms and Conditions of Use. Before transferring the software, the customer will expressly draw the third party's attention to these Terms and Conditions of Use and will transfer to Gira, at Gira's request, the third party's declaration of commitment to adhere to these Terms and Conditions of Use.
4.2
The customer's right of use will expire upon the transfer to a third party.
5. Program modifications
5.1
The reverse translation of the program code provided into another code form (decompilation) or any other types of reverse engineering of the different production stages of the software are only permitted if they are undertaken in order to obtain the necessary information to achieve the interoperability of an independently created program and this information cannot be obtained in any other way.
5.2
Program modifications for debugging purposes or to expand the range of functions are not permitted.
5.3
Copyright notices, labelling, other commercial protection rights or serial numbers and other characteristics used to identify the software must not under any circumstances be removed or changed.
6. Discontinuation of usage rights
Any violation of these Terms and Conditions of Use by the customer will result in the automatic discontinuation of usage rights (licenses) for the customer and for third parties.
IV. General Conditions of Sale
1. Payment
Purchasers can pay the purchase price shown in the "Gira AppShop" solely by using a MasterCard or PayPal.
Payment must be made to the Gira bank account specified under the "Checkout" category in the "Gira AppShop" portal.
2. Due date and late payment
The invoice amount shown is due for payment when confirmation of the order is received.
If the customer falls into payment arrears, Gira will be entitled to charge interest on overdue payments in the amount of 8 percent above the base rate p.a. announced by the European Central Bank.
If Gira has demonstrably suffered a greater loss or damage due to the delayed payment, Gira will be entitled to assert this claim.
3. Prohibition of usage right (reservation of ownership for intellectual property)
Until all amounts owed to Gira by the customer in connection with the sales contract both now or in the future have been paid, Gira reserves the right to prohibit the customer from using the downloaded software.
The customer is not permitted to dispose of the software.
If third parties access the software licenses, the customer will notify them of Gira's exclusive and sole right of use for the duration of the reservation of ownership, and will inform Gira without undue delay. The customer will bear the costs of this, and any losses or damage.
4. Prices
The prices shown on the "Gira AppShop" portal are exclusive of any respective VAT applicable.
5. Warranty
5.1
The warranty period is 24 months. The period begins when the software acquired by the customer is purchased.
5.2
Solely the provisions contained under Item 3 of Section III "Special provisions for software for download" apply in connection with the warranty. Any warranty claim by the customer is limited to the provision by Gira of a backup copy of the software acquired (subsequent delivery). Warranty claims by the customer above and beyond this, including but not limited to the right to rectification, reduction, rescission of the sales contract or compensation for damage are expressly excluded to the extent permitted by law.
6. Exclusion of liability
6.1
The liability of Gira for all and any loss or damage incurred by the customer or by third parties in connection with the acquisition and use of the downloaded software is expressly excluded.
6.2
The liability of Gira for all and any loss or damage incurred by the customer or by third parties in connection with the acquisition or use of the service products acquired by the customer is expressly excluded.
6.3
The standard exclusions of liability set out in Items 6.1 and 6.2 (above) do not apply if Gira's liability is based on wilful intent or gross negligence. The customer bears the burden of proof with regard to the existence of a degree of fault (wilful intent or gross negligence).
6.4
Gira only provides the customer with access to a restricted service with this surface link (function concepts). Gira accepts no guarantee or liability for any services or service contents exchanged between the customer and the service provider. Any liability on the part of Gira is – insofar as legally permitted – excluded.
7. Place of performance and place of jurisdiction
7.1
The place of performance is Gira's registered office.
7.2
The place of jurisdiction is Gira's registered office. We are however also entitled to take legal action against the customer at his/her registered office.
8. Applicable law
The laws of the Federal Republic of Germany apply for all legal relationships between the customer and Gira; the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.