General Terms and Conditions
The following general terms and conditions ("GTC") apply to all contracts between the foreverloops GmbH ("foreverloops") and a consumer or entrepreneur ("contracting party") according to the version applicable at the time of placing the order.
2. Concluding the contract
2.1 The following rules on the conclusion of the contract apply to orders placed on all webshops where foreverloops offers its applications.
2.2 The contracting party makes a binding offer by successfully completing the ordering procedure provided in the respective webshop.
2.3 Once the order is placed, the contracting party can see our Terms and Conditions and our End User License Agreement (EULA). The Terms and Conditions and the EULA are also available on the website www.foreverloops.com.
2.4 In the case of the conclusion, the contract is concluded with the foreverloops GmbH, Julius-Raab-Strasse 15, 4040, Linz.
3. Prices / Payment
The prices showed on the web shops websites are indicated in EURO currency and include the value added tax and other price components. The web shop websites provide the contracting partner with the respective payment methods.
4. Copyrights / Rights of use
4.1 The contracting party shall be granted a right to use the acquired application according to the EULA, which authorizes the contracting party to install the software.
4.2 The contracting party undertakes to observe the EULA, in particular, the usage restrictions contained therein, when using the products. The EULA regulates, inter alia, the right to reproduce, multiple usages, program modifications, copyright and intellectual property rights.
4.3 Should the applications of foreverloops contain third-party content, the (license) provisions of the respective providers shall be observed in addition to the General Terms and Conditions and the EULA of foreverloops.
5. Retention of title
foreverloops reserves the right to grant the right of use until the purchase price is paid in full.
6. Warranty and Liability
6.1 To the extent permitted by law, the application shall be made available to the contracting party as provided. foreverloops does not warrant that the application is free of defects.
Warranties of merchantability, satisfactory quality, fitness for a particular purpose, or compatibility with third party software are not provided.
6.2 foreverloops assumes no liability whatsoever for damages, in particular not for personal injury, property damage, consequential damage, indirect damage or loss of profit nor from warranty or product liability, unless mandatory consumer protection provisions stipulate otherwise.
6.3 If foreverloops becomes liable for damages under the statutory provisions, this liability shall be limited to intent and gross negligence. The liability is limited to the amount of the actual contract. Any further liability is excluded unless consumer protection provisions stipulate otherwise.
6.4 foreverloops assumes no liability for the topicality, correctness, completeness and content of the information provided.
7. Exclusion of the right of revocation
The contracting party takes note and expressly acknowledges that the right of revocation is excluded for consumers.
8. Offsetting, retention
The offsetting of claims of the contracting party against claims of foreverloops as well as a possible right of retention are excluded, unless otherwise specified by mandatory consumer protection regulations.
9. Applicable law, place of jurisdiction, place of performance, written form
9.1 Austrian law is expressly applicable; the application of UN purchasing law is expressly excluded.
9.2 In the case of disputes, the competent court at the registered office of foreverloops shall be the competent court of jurisdiction, unless mandatory consumer protection regulations provide otherwise.
9.3 The place of performance is that of the registered office of foreverloops.
9.4 Amendments and additions to this contract must be made in writing; this also applies to ancillary agreements and subsequent amendments to the contract, as well as the renouncement of the written form requirement.
10. Contractual Terms
The contract is available in German and English languages.
11. Severability Clause
Should any provision of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision which most closely reflects in the commercial sense the provision to be replaced.