§ 1 Scope
These General Terms and Conditions apply to all contracts between [provider name/company] – hereinafter referred to as the „Provider“ – and the buyer – hereinafter referred to as the „Customer“ – regarding the purchase of the software solution „GastroFox“, including optionally bookable additional services (e.g. installation service).
§ 2 Subject of the contract
The subject of the contract is the one-time purchase of a digital restaurant ordering software (hereinafter „Software“) including a license to use it on a single domain.
Optionally, the customer can book paid additional services such as installation or setup assistance.
§ 3 Prices and payment terms
All prices are in euros and include the applicable statutory VAT, unless stated otherwise.
Payment is made either via PayPal or Stripe (SEPA, credit card, etc.).
The purchase is deemed complete as soon as the full amount has been received by the provider.
§ 4 Delivery and provision
After successful payment, the customer receives a download link to the software by email/WhatsApp within 48 hours.
The link is intended for a one-time download and may not be passed on to third parties.
Download link within 48 hours of receipt of payment by email.
§ 5 License and usage rights
The customer receives a simple, non-transferable license to use the software on a single domain.
Use on multiple domains, subdomains, in networks or by third parties is prohibited unless approved in writing in advance.
Details are governed by the separately available license agreement (EULA).
§ 6 No right of withdrawal for digital content
The customer expressly agrees that performance of the contract begins with the provision of the download link.
This extinguishes the right of withdrawal for digital content pursuant to § 356 (5) BGB as soon as the file has been provided.
The customer is clearly and unambiguously informed of this during the ordering process and must consent to this waiver.
No right of withdrawal for digital content after the download link has been provided.
§ 7 Warranty and support
The statutory warranty rights apply.
Services beyond this (e.g. installation assistance, customisations) are not part of the contract unless they have been expressly booked as a paid additional service.
§ 8 Liability
The provider is liable without limitation only in cases of intent and gross negligence.
In the case of simple negligence, liability is limited to the foreseeable damage typical for this type of contract.
Liability for indirect damage, lost profit or loss of data is excluded.
§ 9 Data protection
The provider processes personal data exclusively within the framework of the applicable data protection laws.
To verify the license, the domain on which the software is installed may be automatically transmitted to the provider. No personal data is collected in the process.
§ 10 Place of jurisdiction and applicable law
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
Where legally permissible, the place of jurisdiction is the registered office of the provider.
As of: January 2025
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