Widerrufsrecht

Sie haben als Verbraucher das Recht, binnen vierzehn Tagen ohne Angabe von Gründen diesen Vertrag zu widerrufen.

Die Widerrufsfrist beträgt vierzehn Tage ab dem Tag, an dem Sie oder ein von Ihnen benannter Dritter, der nicht der Beförderer ist, die Waren in Besitz genommen haben bzw. hat. 

Um Ihr Widerrufsrecht als Verbraucher auszuüben, müssen Sie uns unter unserer Adresse

oscar audit software GmbH & Co KG

Eichteilstraße 19

86899 Landsberg am Lech

E-Mail: info@oscarauditsoftware.com

mittels einer eindeutigen Erklärung (z. B. ein mit der Post versandter Brief oder E-Mail) über Ihren Entschluss, diesen Vertrag zu widerrufen,  informieren. Sie können dafür das beigefügte Muster-Widerrufsformular oder unser Kontaktformular auf dieser Webseite verwenden, das jedoch nicht vorgeschrieben ist. Zur Wahrung der Widerrufsfrist reicht es aus, dass Sie die Mitteilung über die Ausübung des Widerrufsrechts vor Ablauf der Widerrufsfrist absenden.

Folgen des Widerrufs

Wenn Sie als Verbraucher diesen Vertrag widerrufen, haben wir Ihnen alle Zahlungen, die wir von Ihnen erhalten haben, einschließlich der Lieferkosten (mit Ausnahme der zusätzlichen Kosten, die sich daraus ergeben, dass Sie eine andere Art der Lieferung als die von uns angebotene, günstigste Standardlieferung gewählt haben), unverzüglich und spätestens binnen vierzehn Tagen ab dem Tag zurückzuzahlen, an dem die Mitteilung über Ihren Widerruf dieses Vertrags bei uns eingegangen ist. Für diese Rückzahlung verwenden wir dasselbe Zahlungsmittel, das Sie bei der ursprünglichen Transaktion eingesetzt haben, es sei denn, mit Ihnen wurde ausdrücklich etwas anderes vereinbart; in keinem Fall werden Ihnen wegen dieser Rückzahlung Entgelte berechnet.

Wir können die Rückzahlung verweigern, bis wir die Waren wieder zurückerhalten haben oder bis Sie den Nachweis erbracht haben, dass Sie die Waren zurückgesandt haben, je nachdem, welches der frühere Zeitpunkt ist. Sie haben die Waren unverzüglich und in jedem Fall spätestens binnen vierzehn Tagen ab dem Tag, an dem Sie uns über den Widerruf dieses Vertrags unterrichten, an uns zurückzusenden oder zu

übergeben. Die Frist ist gewahrt, wenn Sie die Waren vor Ablauf der Frist von vierzehn Tagen absenden. Sie tragen die unmittelbaren Kosten der Rücksendung der Waren. Sie müssen für einen etwaigen Wertverlust der Waren nur aufkommen, wenn dieser Wertverlust auf einen zur Prüfung der Beschaffenheit, Eigenschaften und Funktionsweise der Waren nicht notwendigen Umgang mit ihnen zurückzuführen ist. 

Muster-Widerrufsformular

Wenn Sie den Vertrag als Verbraucher widerrufen wollen, dann füllen Sie bitte dieses Formular aus und senden Sie es an uns unter der o.g. genannten Anschrift zurück oder kopieren den nachfolgenden Text in unser Kontaktformular auf unserer Webseite www.yi-flow.com/kontakt/.

Hiermit widerrufe(n) ich/wir (*) den von mir/uns (*) abgeschlossenen Vertrag über den Kauf der folgenden Waren (*):

Bestellt am (*)/erhalten am (*) 

Name des/der Verbraucher(s):

Anschrift des/der Verbraucher(s):

Unterschrift des/der Verbraucher(s) (nur bei Mitteilung auf Papier)

Datum

(*) Unzutreffendes streichen.

Ende der Widerrufsbelehrung

English reading version

§ 1 Scope and Provider

(1) These general terms and conditions apply to all orders that you place in the online shop of

oscat audit software GmbH & Co KG

Eichteilstrasse 19

86899 Landsberg am Lech

Managing director: Bernd Lichtenstern

 by Internet or other means of remote communication (e-mail, letter, fax, telephone, etc.).

(2) The software and goods offered in our online shop are aimed exclusively at people who have reached the age of 18.

(3) Our deliveries, services and offers are made exclusively on the basis of these general terms and conditions. The general terms and conditions apply to companies for all future business relationships, even if they are not expressly agreed again. The inclusion of general terms and conditions of a customer that contradict our general terms and conditions is already contradicted. Deviating and / or supplementary agreements require our express consent in writing.

(4) The contract language is exclusively German.

§ 2 Conclusion of Contract

(1) The presentation of software, goods and web applications in the online shop does not constitute a binding application to conclude a purchase contract. Rather, it is a non-binding invitation to order web applications, software and / or goods in the online shop.

(2) By clicking the button ["Order now with obligation to pay" / "Buy" / "buy now" or similar] you are submitting a binding purchase offer (Section 145 BGB). Immediately before submitting this order, you can check the order again and correct it if necessary.

(3) After receipt of the purchase offer, you will receive an automatically generated email with which we confirm that we have received your order (confirmation of receipt). This confirmation of receipt does not yet constitute an acceptance of your purchase offer. A contract is not yet concluded with the confirmation of receipt.

(4) A purchase contract for the web applications, software and / or goods is only concluded when we expressly declare acceptance of the purchase offer (order confirmation) or send the software and / or goods to you and / or activate access to a web portal. Downloads and software activation (digital content not on a physical data carrier) are provided immediately with the customer's consent and can be used directly. This also applies to payment in advance and PayPal or credit card.

§ 3 Content of the Contract, Prices

(1) The scope, period and costs of use of the software and / or web applications provided vary from product to product and are specified individually when the contract is concluded.

Contract customers receive new program versions of web applications free of charge during the contract period, as well as continuous adjustment to technical and legal framework conditions (automatic updates, service packs) and the provision of services and functions that enable the web application. We integrate the updates into the web application free of charge or provide them as a download.

Contracts without automatic renewal end automatically at the end of the contract period, contracts with automatic renewal can be terminated by either party at any time without giving reasons with effect from the end of the respective period of use, otherwise they are automatically extended by one year at a time.

The usage fee for all contractual services is invoiced at the beginning of a new usage period. Telephone support is a voluntary additional service and not part of the contract; we can change or discontinue it at any time.

(2) Unless otherwise stated, the prices stated on the product pages include the statutory value added tax and other price components and do not include the respective shipping costs.

§ 4 Terms of Payment; Default

(1) Unless otherwise stated, our invoices are due immediately and payable without any deduction. We are free to provide you with the invoices by post or electronically (e.g. by email or via our customer portal). If you are in default of payment, we are entitled to refuse the performance owed until the consideration has been given in full (right of retention) or to extraordinarily terminate the contract for good cause.

(2) Without the need for a reminder, in the event of non-payment you will be in default 30 days after the due date and receipt of the invoice, even without us notifying you of this consequence in the invoice. However, we can put you in default by sending a reminder. The default interest for consumers is 5% -points and for entrepreneurs 9% -points above the respective base interest rate, unless we can charge higher interest for another reason. Checks are only accepted on account of performance. For every reminder sent to you after the default has occurred, you will be charged a reminder fee of 5.00 EUR, unless a lower or higher damage is proven in individual cases. Any bank charges are at your expense. You can only offset against undisputed or legally established claims. You can only assert a right of retention if it is based on the same contractual relationship.

(3) We are responsible for selecting the payment methods available in each case. In particular, we reserve the right to offer you only selected payment methods for payment, for example to hedge our credit risk.

 

• Payment can be made either by PayPal or credit card.
  
• If invoices for deliveries and services are paid on the basis of a separate agreement via the SEPA core direct debit procedure / company direct debit procedure, the invoice amount will be debited from your account when the invoice is issued and before the start of the service provision; in any case, you must ensure that you have sufficient funds in your account in good time. If you subsequently revoke the direct debit authorization issued without authorization, we shall be entitled to charge you the chargeback costs incurred.

 

(4) If you pay by credit card, the purchase price is reserved on your credit card at the time of ordering (authorization). Your credit card account is actually charged at the time we send the goods to you.

(5) When paying with PayPal you will be redirected to the website of the online provider PayPal during the ordering process. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. You'll get more information during the ordering process. The payment transaction will be carried out automatically by PayPal immediately afterwards.

§ 5 Offsetting / Right of Retention

(1) You are only entitled to offset if your counterclaim has been legally established, is not disputed or recognized by us or is in a close synallagmatic relationship to our claim.

(2) You can only exercise a right of retention if your counterclaim is based on the same contractual relationship.

§ 6 delivery; retention of title

(1) Unless otherwise agreed, the goods or software will be delivered from our warehouse to the address you provided. To provide web applications, you are obliged to have a suitable browser with current updates on your IT system.

(2) The goods or software remain our property until the purchase price has been paid in full. You do not acquire any kind of right to the web application to be made available with the exception of the activation of access.

(3) As a matter of principle, we do not bear the procurement risk and, as an exception, are not obliged to deliver the ordered goods, software or provide access to the web application if we properly order the goods, software or web application or announced updates, new functionalities, etc. on our part but were not supplied correctly or on time (congruent hedging transaction). The prerequisite is that we are not responsible for the lack of availability at the agreed delivery time and that we have informed you of this fact immediately. If the goods, software or web application or their announced updates, new functionalities, etc. are not available, we will immediately reimburse you for payments already made. This also applies when ordering goods, software or web applications that are only described in terms of their type and characteristics (generic goods). We are only obliged to deliver from our stock of goods and the goods, software and web applications we have ordered from our suppliers.

(4) If you are an entrepreneur within the meaning of Section 14 BGB, the following also applies:

We reserve title to the goods or software until all claims from the current business relationship have been settled in full. Prior to the transfer of ownership of the goods subject to retention of title, pledging or security transfer is not permitted.

You may only resell the goods or software in the ordinary course of business. You are not entitled to resell or otherwise provide access to a web application for a fee or free of charge to third parties. In the event of an authorized or unauthorized (further) transfer, you hereby assign to us all rights that you have as a result. We accept the assignment, but you are revocably authorized to collect claims at any time. If you fail to properly meet your payment obligations, we reserve the right to collect claims ourselves.

When combining and mixing the reserved goods, we acquire co-ownership of the new item in the ratio of the invoice value of the reserved goods to the other processed items at the time of processing.

We undertake to release the securities to which we are entitled on request insofar as the realizable value of our securities exceeds the claims to be secured by more than 10%. The selection of the securities to be released is our responsibility.

§ 7 cancellation policy

In the event that you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), i.e. making the purchase for purposes that are predominantly neither commercial nor self-employed, you have a right of withdrawal in accordance with the following provisions.

Right of withdrawal

As a consumer, you have the right to cancel this contract within fourteen days without giving any reason.

The cancellation period is fourteen days from the day on which you or a third party named by you who is not the carrier has taken possession of the goods.

To exercise your right of withdrawal as a consumer, you must contact us at our address

oscat audit software GmbH & Co KG

Eichteilstrasse 19

86899 Landsberg am Lech

Email: info@oscarauditsoftware.com

by means of a clear declaration (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form or our contact form on this website, 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 has expired.

Consequences of withdrawal

If you, as a consumer, withdraw from this contract, we will give you all the payments that we have received from you, including delivery costs (with the exception of the additional costs that result from the fact that you choose a different type of delivery than the cheapest one offered by us Have chosen standard delivery), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.

We can refuse repayment until we have received the goods back or until you have provided evidence that you have sent the goods back, whichever is earlier. You have to send or send the goods back to us immediately and in any case not later than fourteen days from the day on which you informed us of the cancellation of this contract

to hand over. The deadline is met if you send the goods before the period of fourteen days has expired. You bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary to check the nature, properties and functionality of the goods.

Model withdrawal form

If you want to withdraw from the contract as a consumer, please fill out this form and send it to us at the above. or copy the following text into our contact form on our website www.yi-flow.com/kontakt/.

I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*):

Ordered on (*) / received on (*)

Name of the consumer (s):

Address of the consumer (s):

Signature of the consumer (s) (only when notified on paper)

date

(*) Delete where inapplicable.

End of revocation

1) The right of withdrawal does not apply to the delivery

 

• of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (e.g. products with your photo and your name). This applies in particular to our individually handcrafted Nice Masks, each of which is a handcrafted one-off product.
• Sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery,
• of goods if they were inseparably mixed with other goods after delivery due to their nature,
• of audio or video recordings or computer software in a sealed package if the seal is removed after delivery
• has been,
• of newspapers, magazines or magazines with the exception of subscription contracts.

 

(2) Please avoid damage and contamination. If possible, please send the goods back to us in their original packaging with all accessories and all packaging components. If necessary, use protective outer packaging. If you no longer have the original packaging, please use suitable packaging to provide adequate protection against damage in transit in order to avoid claims for damages due to damage resulting from inadequate packaging.

(3) Please report the return in advance by phone or at the above Email address to announce the return. In this way you enable us to assign the products as quickly as possible.

(4) Please note that the modalities mentioned in paragraphs 2 and 3 above are not a prerequisite for the effective exercise of the right of withdrawal.

§ 8 Right of Withdrawal

(1) In the event of improper use of our offers, in particular the web portal oscar.yi-flow.com, anti-competitive or reputational behavior, the violation of third-party norms or other legal acts contrary to essential contractual obligations or good faith, we reserve the right to withdraw immediately, alternatively the right of extraordinary termination. In the event of exercise, we are entitled to immediately stop our services.

(2) In the case of simple negligence, any damages resulting from the unlawful exercise of the right to withdraw from the contract or extraordinary termination are limited to the value of the contractual service and under no circumstances include consequential damage and / or compensation for damage to a third party. This does not apply in the case of gross negligence or willful misconduct or injury to life, body or health.

§ 9 Transport Risk

(1) The risk of transport damage is transferred to you when the goods or software (data carrier) are handed over to the carrier selected by us. The goods or software (data carrier) are insured according to the transporter's terms and conditions, as is customary in the trade.If you want additional insurance at your expense, you must instruct us to do this separately in writing when ordering the goods or software and in any case in good time before the delivery is made available to the transporter.

(2) If goods or software (data media) are delivered to you with obvious transport damage, please report such errors to the deliverer immediately and contact us as soon as possible. Failure to file a complaint or contact us has no consequences for your statutory warranty rights. However, they help us to be able to assert any claims against the carrier or the transport insurance in your name and on your account.

§ 10 Warranty, Assurance

(1) Unless otherwise expressly agreed, your warranty claims for goods and software as well as the web applications provided are based on the statutory provisions of the sales law (§§ 433 ff. BGB). However, we only guarantee that the products are usable in the sense of the respective program description and that the services are proper. The warranty period for sales contracts is two years for consumers, 12 months for entrepreneurs and begins with the handover or provision of the goods or services, in the case of web applications when access to the web portal is activated. For contract customers, the current web application is maintained for the entire duration of the contract, i.e. the usability of the web application is ensured in accordance with the service description.

 

• You are obliged to support us free of charge in identifying and remedying errors and, if requested, to create and provide us with appropriate information and, if necessary, to inspect it using suitable software such as Teamviewer or similar. on your screen, provided that the rights of third parties are not disproportionately impaired.
• If there is a defect, we will improve the web application / software or provide an error-free web application / software within a reasonable period of time.
• We are entitled to work around a possibly occurring error in a software or web application supplied if it can only be eliminated with disproportionate effort and the use of the web application / software does not suffer significantly as a result.
• If the repair or replacement is not successful within this period or within a reasonable grace period, you are entitled to choose between a reasonable reduction in the service price or to terminate the contract.
• If we incur a disproportionate effort in the repair, we are entitled at our discretion to terminate the contract or to withdraw from the contract at our option.

 

(2) The image material in the webshop is only used for visualization, without any kind of quality or exact visual appearance being guaranteed.

(3) If you are a consumer within the meaning of Section 13 of the German Civil Code (BGB), the period of liability for warranty claims for used items - contrary to the statutory provisions - is one year. This limitation does not apply to claims due to damage resulting from injury to life, limb or health or from the breach of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the contractual partner can regularly rely (cardinal obligation) as well as for claims due to other damages based on an intentional or grossly negligent breach of duty by the user or his vicarious agents.

(4) If you are an entrepreneur within the meaning of Section 14 BGB, the statutory provisions apply with the following modifications:

For the quality of the web applications / software or goods sold by us, only our own information and the manufacturer's product description are binding, but not public praise and statements and other advertising, not even by the manufacturer.

You are obliged to examine the web applications / software or goods immediately and with the necessary care for quality and quantity deviations and to notify us of obvious defects within 7 days of activation of the web application or receipt of the software / goods. Timely dispatch is sufficient to meet the deadline. This also applies to hidden defects discovered later from their discovery. In the event of a breach of the duty to examine and notify, the assertion of warranty claims is excluded.

In the event of defects, we provide a guarantee of repair or replacement (supplementary performance) at our option. In the case of repairs, we do not have to bear the increased costs that arise from the shipment of the goods or software (data carrier) to a location other than the place of performance, provided that the shipment does not correspond to the intended use of the goods.

For the rework of software or web applications, we are entitled to a reasonable time to implement the technical program of the rework to be carried out, which we announce at the beginning of the measure. If the supplementary performance fails twice or if the self-set deadline is repeatedly not met, you can either request a reduction in price or withdraw from the contract. The warranty period is one year from date of delivery.

§ 11 Liability

(1) We are generally unrestrictedly liable for intent and gross negligence as well as in accordance with the Product Liability Act. For slight negligence, we are only liable for damage resulting from injury to life, limb and health of persons and in the event of a breach of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and which you can regularly rely on compliance (cardinal obligation ).

(2) The amount of liability for slight negligence is limited to the damage foreseeable at the time the contract was concluded, the occurrence of which must typically be expected, whereby the amount of liability is limited to the agreed sales value of the goods or software or the agreed fee for use the web application is deemed to be agreed. This limitation of liability also applies in favor of our vicarious agents.

§ 12 Force Majeure

(1) “Force Majeure” means the occurrence of an event or circumstance that prevents or impedes a party from performing one or more of its  contractual obligations under the contract, if and to the extent that that party proves:

[a] that such impediment is beyond its reasonable  control; and

[b] that it could not reasonably have been foreseen at the time of the conclusion of the contract; and

[c] that the effects of the impediment could not reasonably have been avoided or overcome by the affected party.

(2) In the absence of proof to the contrary, the following events affecting a party shall be presumed to fulfil conditions (a) and (b) under paragraph 1 of this Clause:

 (i) war (whether declared or not), hostilities, invasion, act of foreign enemies, extensive military mobilisation;

(ii) civil war, riot, rebellion and revolution, military or usurped power, insurrection, act of terrorism, sabotage or piracy;

(iii) currency and trade restriction, embargo, sanction;

(iv) act of authority whether lawful or unlawful, compliance with any law or governmental order, expropriation, seizure of works, requisition, nationalisation;

(v) plague, epidemic, natural disaster or extreme natural event;

(vi) explosion, fire, destruction of equipment, prolonged break-down of transport, telecommunication, information system or energy;

(vii) general labour disturbance such as boycott, strike and lock-out, go-slow, occupation of factories and premises.

)3) A party successfully invoking this Clause is relieved from its duty to perform its obligations under the contract and from any liability in damages or from any other contractual remedy for breach of contract, from the time at which the impediment causes inability to perform, provided that the notice thereof is given without delay. If notice thereof is not given without delay, the relief is effective from the time at which notice thereof reaches the other party. Where the effect of the impediment or event invoked is temporary, the above consequences shall apply only as long as the impediment invoked impedes performance by the affected party. Where the duration of the impediment invoked has the effect of substantially depriving the contracting parties of what they were reasonably entitled to expect under the contract, either party has the right to terminate the contract by notification within a reasonable period to the other party. Unless otherwise agreed, the parties expressly agree that the contract may be terminated by either party if the duration of the impediment exceeds 120 day .

§ 13 Alternative Dispute Resolution

The EU Commission has provided a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with their online order without the intervention of a court. The dispute settlement platform can be reached under the external link http://ec.europa.eu/consumers/odr/. We endeavor to amicably resolve any differences of opinion arising from our contract. In addition, we are not obliged to participate in an arbitration procedure and unfortunately cannot offer you participation in such a procedure.

§ 14 Final Provisions

(1) Should one or more provisions of these terms and conditions be or become ineffective, this shall not affect the validity of the remaining provisions. In this case, an effective provision will be created between the parties to this contract that comes closest to the economic sense and purpose of the ineffective provision.

(2) Only German law is applicable to contracts between us and you, excluding the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG, "UN Sales Law"). Mandatory provisions of the country in which you usually reside remain unaffected by the choice of law.

(3) If you are a merchant, a legal person under public law or a special fund under public law, our place of business is the place of jurisdiction for all disputes arising from or in connection with contracts between us and you.

(4) We reserve the right to change or add to these terms and conditions in the future insofar as this is reasonable for you as a customer, i.e. in particular if this does not result in any unreasonable economic and / or legal disadvantages or the change or addition is necessary due to a change in the legal situation or the highest court rulings. We will inform you of any changes to these terms and conditions by e-mail to the e-mail address you have given us. The change to the terms and conditions will come into effect if you do not object to the change notification within six weeks. We will specifically point this out to you in the change notification.

(5) Changes to the contract require text form to be effective and in particular our express confirmation in text form; commercial letters of confirmation are not recognized in this context; this also applies to changes to this text form requirement.

As of January 23, 2022