Terms of sale

§1. Scope and jurisdiction

  1. The following terms and conditions of sale apply to all sales made by Bernd Keil, KEIL software (formerly known as Telekorn scripts). This includes offers and services in regard to individual modifications of our software. These terms and conditions of sale are considered as accepted with receipt of you order or at the latest with the payment of the product. Oral agreements or references to the terms and conditions of sale of a customer/client will not in any case be accepted.
  2. Place of jurisdiction is Pforzheim, Baden-Wuerttemberg, Germany.

§2. Notice in regard to product documentation

  1. We do not guarantee or safeguard the correctness and accuracy of information provided in instructions, prospects and manuals. We reserve the right to change or further develop the software technically or in regard to design and look, without changing information in instructions, prospects and manuals. Rights against us cannot be asserted in regard to discrepancies found in any instructions, prospects or manuals.
  2. Under no circumstances do we allow the making of electronic or mechanical copies of instructions, prospects and/or manuals, unless prior written consent has been gained from us. This also applies, in extracts, to reproductions.

§3. Prices and terms of payment

  1. All prices, if not explicitly marked otherwise, include German value added tax. If the customer/client resides outside of an EU member country he/she is exempt from German V.A.T. This also applies to customers/clients residing within an EU member country, on the condition that they have supplied a valid VAT-ID. The online shop on this site differentiates accordingly during the process of ordering.
  2. All receivables are due upon issue of an invoice and are due within 14 days from date of sale, unless they have already been debited via an online payment service.
  3. In case of late payment or debit entry, we reserve the right to charge interest in the height of 5% p.a. of the net sale value. This interest rate is based on the basic interest rate of the European Central Bank (ECB) according to article 1.
  4. The customer/client automatically comes into default if he/she does not respect the legal requirements of payment within 30 days after receipt of the invoice.

§4. Refund policy

  1. The customer/client has the right to obtain a refund within 14 days from the date of sale, which is in accordance with German law. The customer must request this in formal, written manner. If the sale price does have to be refunded by us, a 10% administration fee will be deducted from the sale price.
  2. The customer/client must irretrievably remove and delete the software and any copies or backups of it, in order to qualify for a refund.

§5. Delivery dates for goods and services

  1. All delivery terms apply only under reserve. We will not take responsibility for abidance of stated delivery deadlines, especially when third parties are involved in delivery.
  2. In case of delivery delays due to force majeure or difficult conditions in regard to delivery like business disruptions, strikes, material acquisition problems, official directives and similar, we can not be held responsible. We reserve the right to delay the delivery accordingly, as well as a reasonable additional respite, which normally would not exceed 14 days.
  3. In case of a specific modification, this may in some cases be longer and we will in this case not be liable for arrears in delivery, unless a specific delivery date was defined previously. The customer/client has a right to indemnity of maximum 5% of the sale price if we fail to deliver within the agreed time span. All other forms of indemnity will not be acknowledged.

§6. Registration in customer area

  1. For use access to our products, a one time registration in our customer area is necessary. The registration will be undertaken automatically by us after the order has been processed. The customer/client will then receive the access details for the customer area via email.
  2. It is the customer/client's responsibility to inform us of any address changes or changes of email address.
  3. We reserve the right, to deny or terminate access to the customer area. This applies especially if details supplied by the customer/client are bogus, or faked, or in case of any fraudulent action which is related to the purchase or use of one of our products. We will inform the customer/client about such a termination immediately via email.

§7. Warranty and liability

  1. The software and the related files are sold "as they are", without guarantee in regard to performance or marketability or other guarantees.
  2. The customer/client has the right to demand a rectification of defects in case of individual modifications under the condition that a special declaration of intent for specific product features has been made.
  3. We will not be liable for claims in regard to defects of any nature, including damages caused by use of our software to the customer's/client's data, software or hardware.

§8. Reservation of title

  1. The delivered product remains property of Bernd Keil, KEIL software, until all account receivables have been settled in full. This right remains unchanged even in regard to third party claims.
  2. In case of non-settlement of accounts receivable, we reserve the right to terminate or withhold access to the product, the customer area and support.

§9. Patents and copyrights

  1. The right of ownership and copyright for all products sold and programmed by us, lies solely by Bernd Keil, KEIL software. This ownership and copyright also includes all related product files, instructions, brochures and manuals. The respective licence agreement is deemed as accepted upon purchase of the product.
  2. The software is copyrighted by international law. The customer/client must therefore handle the product like any other copyright protected material.
  3. The customer/client has the right to make a backup of the software for his own personal use.
  4. The customer/client is required to report any violation of copyright and/or ownership in written form as soon as such information becomes known to him or her.
  5. The customer/client has the right to modify the product or integrate it into a system. If violations of third parties occur in relation to this, no claims can be made against Bernd Keil, KEIL software in this regard. The customer/client must indemnify us from such claims.

§10. General terms

  1. If any of the above terms are not valid or can be challenged, then all remaining terms are not affected by such. Changes or oral agreements require written confirmation.
  2. The laws of Germany apply in all cases. The application of the United Nations Convention on contracts for the International Sale of Goods CISG does not apply. In case of queries in relation to these terms and conditions of sale, please contact us via this website.