Table of contents
01Scope & definitions
These General Terms and Conditions (GTC) apply to all contracts concluded via the perfexcrm-module.com online shop between the operator (Sven Gauditz, PixAgentur, Ringstr. 3, 24321 Behrensdorf, Germany, phone +49 15562 920184, hello@perfexcrm-module.com – hereinafter “operator” or “we”) and you as a buyer. The version valid at the time the contract is concluded shall apply.
A consumer is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business or profession (§ 13 BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity that acts in the exercise of its trade, business or profession when concluding the legal transaction (§ 14 BGB). “Modules” are digital extensions for the Perfex CRM.
Deviating, conflicting or supplementary terms of the buyer shall only become part of the contract if we have expressly agreed to their validity.
02Contracting party
The operator develops and distributes the modules offered on perfexcrm-module.com in its own name and is your sole contracting party for purchase, invoicing and payment processing. The purchase contract for a module is concluded between you and the operator.
Responsibility for the content of the modules (functionality, source code, description) lies with the operator. We review each module with reasonable effort before publication, including a malware scan.
03Registration & customer account
A customer account is required to purchase modules. When registering, you must provide truthful and complete information. Access data must be kept confidential and protected against access by third parties. There is no entitlement to the creation of an account.
04Conclusion of the contract
The presentation of modules in the online shop does not constitute a legally binding offer but a non-binding invitation to order. By clicking the order button at checkout, you submit a binding offer to purchase the modules in your shopping cart. Before submitting, you can review and correct your entries at any time.
The contract is concluded when we accept the order – at the latest by providing the module and the license key or by the order/payment confirmation. The contract language is German or English. We store the order data and the invoice; they can be accessed via your customer account. You can view and save these GTC at any time on this page; a confirmation of your order is additionally sent to you on a durable medium.
05Prices & payment
All prices are quoted in euros and include statutory value-added tax. The price stated on the product page at the time of the order is decisive. Towards entrepreneurs, value-added tax is shown separately on the invoice.
Payment is made via the payment service provider Stripe (including credit/debit card and other methods offered during the order process). The purchase price is due for payment immediately upon conclusion of the contract. We provide the invoice electronically. By making the purchase, you consent to the electronic transmission of the invoice.
06Provision of digital content
The modules are digital content that is not delivered on a physical medium. After successful payment, we provide the module as a download and the associated license key in your customer account – usually immediately. The respective system requirements (in particular a compatible Perfex CRM and PHP version) are stated on the product page. Operating a module requires a valid Perfex CRM license that you must obtain independently.
07Grant of license
With your purchase you receive a simple, non-exclusive, non-transferable right to use the module within the scope of the license type purchased (Regular or Extended). The details – in particular permitted installations, activation limits, update and support periods – are governed by the separate Licensing Terms, which apply in addition to these GTC.
08Right of withdrawal for consumers
Important note on digital content: When ordering a module, we expressly ask you to consent to immediate provision and to confirm that you lose your right of withdrawal when performance begins. If you give this consent, your right of withdrawal expires when provision of the module begins (§ 356 (5) BGB). Without this consent, your 14-day right of withdrawal remains in place.
Withdrawal instructions
Right of withdrawal. You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract was concluded. To exercise your right of withdrawal, you must inform us (Sven Gauditz, PixAgentur, Ringstr. 3, 24321 Behrensdorf, Germany, phone +49 15562 920184, hello@perfexcrm-module.com) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an e-mail). To meet the withdrawal deadline, it is sufficient that you send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal. If you withdraw from this contract, we shall reimburse all payments received from you without undue delay and no later than fourteen days from the day on which we receive notification of your withdrawal. For this repayment we use the same means of payment that you used, unless expressly agreed otherwise; in no case will you be charged any fees for this repayment.
Early expiry. In the case of a contract for the supply of digital content, the right of withdrawal expires early if we have begun performance after you have expressly consented to us beginning performance before the end of the withdrawal period and you have confirmed your awareness that you thereby lose your right of withdrawal upon the start of performance, and we have provided you with confirmation of the contract.
Model withdrawal form
(If you want to withdraw from the contract, please complete and return this form.)
To: Sven Gauditz, PixAgentur, Ringstr. 3, 24321 Behrensdorf, Germany, phone +49 15562 920184, hello@perfexcrm-module.com
I/we hereby withdraw from the contract concluded by me/us for the purchase of the following module: …
Ordered on / received on: …
Name of consumer(s): …
Address of consumer(s): …
Date, signature (only for notification on paper): …
09Updates & maintenance
Within the update window stated on the product page, we provide updates to the module via the license interface. Towards consumers, the statutory update obligation for digital products under §§ 327 et seq. BGB, in particular § 327f BGB, remains unaffected: for the period that the consumer can reasonably expect given the nature and purpose of the module, we provide the updates required to maintain conformity (including security-relevant updates).
After the update window expires, you may continue to use the most recently obtained version; there is then no entitlement to free feature updates. Renewals can – where offered – be purchased for a fee.
10Warranty for defects
The statutory provisions on liability for defects apply, towards consumers in particular the provisions for digital products (§§ 327 et seq. BGB). If a module is defective, you are entitled to subsequent performance; if this fails, the statutory rights to a price reduction or termination of the contract apply. A prerequisite for conformity is the intended use in a compatible, properly operated Perfex CRM environment.
Towards entrepreneurs, the limitation period for claims for defects relating to the one-time supply of digital products is one year from provision, to the extent permitted by law; the statutory update obligation (§ 327f BGB) and the periods applicable to it remain unaffected. Towards consumers, the statutory limitation periods apply. Liability for intent and gross negligence as well as mandatory statutory liability remains unaffected.
11Liability
We are liable without limitation for damages resulting from injury to life, body or health, for intent and gross negligence and under the Product Liability Act. In the event of slightly negligent breach of a material contractual obligation (cardinal obligation), the fulfilment of which makes the proper performance of the contract possible in the first place and on whose compliance you may regularly rely, liability is limited to the typical, foreseeable damage.
Otherwise, liability for slight negligence is excluded. We recommend creating a backup of your Perfex installation before installing a module; we are liable for data loss only insofar as it would also have occurred despite proper and regular backups.
12Availability of the online shop
We endeavour to operate the online shop and the license interface as uninterruptedly as possible but do not owe any specific availability. Maintenance, faults or circumstances beyond our control may lead to temporary restrictions. The functionality of modules you have already installed is not revoked by a temporary unavailability of the interface.
13Reviews
Reviews may only be submitted by buyers who have actually purchased the module concerned (“verified purchase”). By tying reviews to a completed purchase, we ensure that only genuine buyers can review. In particular, untrue, offensive or infringing content is not permitted; we may remove such reviews.
14Final provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer habitually resident in the EU, mandatory consumer protection provisions of your country of residence remain unaffected. If the buyer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the operator’s registered office; statutory exclusive places of jurisdiction remain unaffected.
Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions remains unaffected. We reserve the right to amend these GTC with effect for the future; we will inform registered users of material changes in text form with reasonable notice. With regard to consumer dispute resolution, the note in the imprint applies (no obligation/willingness to participate, § 36 VSBG).