§ 1 Scope

The following General Terms and Conditions of Business, exclusively and in the version of them current at the time of the order, apply to the business relationship between PocketGear Deutschland GmbH (hereinafter referred to as PocketGear) and the Purchaser. PocketGear does not recognise any differing conditions of the Purchaser unless it has expressly consented in writing to their prevalence. All agreements that deviate from these General Terms and Conditions of Business must be in writing to be valid.

§ 2 contractual item

The possession of the Pocket LOOX software Choice coupon entitled the customers to download software on the Website http://www.pocketloox choice..com with the value of the software choice score indicated on the voucher. For each of the offered programs the customer must redeem one or more software choice points, depending on selected program. Depending on the programs selected by the customer, he can download software with the value of up to 50, - euro with three software Choice points and with the value of 70,- euro with five software choice points.

§ 3 validity of software choice points:

To redeem the software voucher, the customer has to register on the website http://www.pocketloox-choice.com. Then he has to choose “Redeem voucher” and enter the registration code indicated on the front of the voucher. Once the voucher is redeemed, there are six months of time to exchange the software choice points with the software offered on the pocketloox-choice website. After six months not yet redeemed software choice points will purge automatically. Disbursement of the software choice points is impossible.

§ 4 Delivery conditions

1. In so far as delivery dates are specified, the deadlines involved are not legally binding and are subject to the proviso that PocketGear itself obtains supplies in good time.
2. In the event of supply of PocketGear failing, despite a supplier’s contractual obligation, PocketGear has the right to withdraw from the contract with the Purchaser, which shall in that case be informed immediately that the product ordered is not available. PocketGear shall reimburse purchase prices already paid without delay.

§ 5 Guarantee and liability

1. PocketGear is not liable for damage that has not arisen to the item delivered itself.
2. In particular PocketGear is not liable for the Purchaser’s lost profit or other pecuniary loss. In so far as PocketGear’s liability is ruled out or restricted, the same shall also apply to the personal liability of its employees, representatives and vicarious agents.
3. In general terms, PocketGear is liable only for loss caused by intention and gross negligence.

§ 1 Scope

The following General Terms and Conditions of Business, exclusively and in the version of them current at the time of the order, apply to the business relationship between PocketGear Deutschland GmbH (hereinafter referred to as PocketGear) and the Purchaser. PocketGear does not recognise any differing conditions of the Purchaser unless it has expressly consented in writing to their prevalence. All agreements that deviate from these General Terms and Conditions of Business must be in writing to be valid.

§ 2 Entering into and withdrawing from contract

1. If the Purchaser is a consumer as defined by § 13 of the German Civil Code, i.e. if the merchandise is acquired for a purpose that may not be attributed to the customer’s commercial or independent work, it has a right of revocation that it may exercise within two weeks by written declaration to PocketGear Deutschland GmbH, Truderinger Str. 273, 81825, Munich, or by return of the merchandise. It is not necessary to given an explanation. The two-week period begins with the arrival of the delivery advice, but on receipt of the merchandise at the latest. Timely despatch of the declaration or of the merchandise shall suffice for the purpose of being within the two-week deadline.
2. PocketGear will reimburse the costs of returning the merchandise if the order value was more than €40.00. Customers are advised that, if necessary, any reduction in the value of an item that has arisen as a result of someone starting to use it may be withheld.
3. Revocation is ruled out in the case of deliveries of audio or video recordings or of software, if the seals on the data carriers delivered have been broken or the merchandise (such as downloadable software) has been obtained online.

§ 3 Delivery conditions

1. In so far as delivery dates are specified, the deadlines involved are not legally binding and are subject to the proviso that PocketGear itself obtains supplies in good time.
2. In the event of supply of PocketGear failing, despite a supplier’s contractual obligation, PocketGear has the right to withdraw from the contract with the Purchaser, which shall in that case be informed immediately that the product ordered is not available. PocketGear shall reimburse purchase prices already paid without delay.

§ 4 Time for payment, payment and delay

1. The purchase price is due for payment with the order.
2. If the Purchaser falls into arrears of payment, then PocketGear has the right to demand statutory interest on arrears. If any greater loss resulting from delay can be proved, PocketGear has the right to assert such loss.

§ 5 Setting off, retention

The Purchaser may only set off against such claims as have either been established with legal force or recognised by PocketGear. No right of retention may be exercised unless its counterclaim is based on the same contractual relationship.

§ 6 Reservation of ownership

The merchandise delivered continues to be the property of PocketGear until all existing claims on the Purchaser have been settled in full.

§ 7 Guarantee and liability

1. The period of guarantee is two years after delivery.
2. If there is a defect in the item purchased, the Purchaser may at its option demand subsequent performance (remedying of fault) or replacement delivery. If PocketGear is not in a position or prepared to remedy the fault or make a replacement delivery on account of disproportion, or if these are postponed beyond appropriate periods of grace for reasons for which PocketGear must be answerable or if the remedying of fault or replacement delivery fails in some other way, the Purchaser has the right, at its option, to withdraw from the contract or to demand an appropriate abatement of the purchase price.
3. Claims by the Purchaser beyond this are ruled out, irrespective of their legal basis. PocketGear is therefore not liable for damage that has not arisen to the item delivered itself.
4. In particular PocketGear is not liable for the Purchaser’s lost profit or other pecuniary loss. In so far as PocketGear’s liability is ruled out or restricted, the same shall also apply to the personal liability of its employees, representatives and vicarious agents.
5. In general terms, PocketGear is liable only for loss caused by intention and gross negligence.

§ 8 Applicable law and legal domicile

German law applies to the exclusion of CISG (the United Nations Convention on the International Sale of Goods).

Munich is agreed as the legal domicile, to the extent that it is admissible to do so.