KIX-Shop Terms and conditions
Date: April 2023
KIX Service Software GmbH (hereinafter referred to as KIX-GmbH) offers customers the possibility of downloading open source software packages and other content in digital form for various operating systems in the KIX-Shop. Services such as training and consulting services are also offered.
The offer of the KIX-Shop is directed exclusively to business customers.
§ 1 Payment methods
When purchasing software packages and other content, payment is made by credit card, via PayPal or by invoice. The credit card or PayPal account is charged upon completion of the order.
§ 2 Order and GTC of KIX Service Software GmbH
The General Terms and Conditions of KIX-GmbH apply to all orders, deliveries and services. These can be accessed at any time at https://www.kixdesk.com/en/general-terms-and-conditions/ and https://www.kixdesk.com/fileadmin/Dokumente/AGB/20230329_AGB_KIX_Service_Software_GmbH_EN.pdf.
The order data and the General Terms and Conditions are sent to the customer by e-mail.
§ 3 Special terms and conditions for KIX software products
Additional terms and conditions apply to the purchase of the maintenance subscription for the software KIX Pro and associated KIX add-on modules as well as service, support or cloud operation services based on them. These terms and conditions can be accessed at any time at the following address: https://www.kixdesk.com/en/general-terms-and-conditions/
§ 4 Prices and delivery costs
All individual prices are shown as net prices. The total prices include the respective statutory value added tax. Delivery costs do not apply to electronic delivery.
§ 5 Liability
1. KIX-GmbH is liable for damages other than those resulting from injury to life, body and health only insofar as these damages are based on intentional or grossly negligent actions or on culpable violation of an essential contractual obligation. This exclusion of liability does not apply to claims arising from a guarantee given by KIX-GmbH as well as in the case of mandatory legal regulations. A strict liability of KIX-GmbH for a defect existing at the time of conclusion of the contract according to § 536 a BGB is excluded.
2. KIX-GmbH has no influence on the use of the information and digital content provided by it; the correct use of this content is the responsibility of the customer. The customer must check the respective data for completeness and conclusiveness and integrity and, in case of doubt, obtain expert advice. KIX-GmbH is not liable for damages incurred by the customer due to a violation of these obligations.
§ 6 Applicable law
All disputes arising from this contractual relationship shall be governed by the laws of the Federal Republic of Germany.
§ 7 Jurisdiction
The place of jurisdiction for all legal disputes arising directly or indirectly from or in connection with the contractual relationship shall be Chemnitz if the Customer is a merchant within the meaning of the German Commercial Code (HGB), a legal entity under public law or a special fund under public law. This shall also apply in the context of proceedings relating to bills of exchange and checks.