(1) The following business terms are applicable to all the contracts, which you conclude with us as a supplier (G DATA CyberDefense AG) via the www.gdata.de website. Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is hereby rejected.

(2) A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, is acting in the exercise of their independent professional or commercial activity.

(1) The subject of the contract is the sale of goods.

(2) By placing the respective product on our website, we make you a binding offer to conclude a contract under the conditions specified in the item description.

(3) The contract is concluded via the online shopping basket system as follows:

The goods intended for purchase are placed in the ‘shopping basket’. You can call up the ‘shopping basket’ via the corresponding button in the navigation bar and make changes there at any time.

After accessing the ‘Checkout’ page and entering your personal data as well as the payment and shipping conditions, all order data will be displayed again on the order overview page.

If you use an instant payment system (e.g. PayPal / PayPal Express / PayPal Plus, Amazon-Payments, Postpay, Sofort) as a payment method, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system.

If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be redirected back to our online shop on the order overview page.

Before submitting the order, you have the option of checking all details again, changing them (also using the ‘back’ function of the Internet browser) or cancelling the purchase.

By sending the order via the ‘Buy’ button, you declare legally binding acceptance of the offer, whereby the contract is concluded.

(4) Your enquiries regarding the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days.

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

(1) The subject of the contract is the sale of download products (digital content that is not supplied on a physical data carrier).

By placing the respective download product on our website, we make you a binding offer to conclude a contract under the conditions specified in the item description.

(2) The contract is concluded via the online shopping basket system as follows:

The download products intended for purchase are placed in the ‘shopping basket’. You can call up the ‘shopping basket’ via the corresponding button in the navigation bar and make changes there at any time. After accessing the ‘Checkout’ page and entering your personal data and payment terms, all order data will be displayed again on the order overview page.

If you use an instant payment system (e.g. PayPal / PayPal Express / PayPal Plus, Amazon-Payments, Postpay, Sofort) as a payment method, you will either be taken to the order overview page in our online shop or you will first be redirected to the website of the provider of the instant payment system.

If you are redirected to the respective instant payment system, make the appropriate selection or enter your data there. Finally, you will be redirected back to our online shop on the order overview page.

Before submitting the order, you have the option of checking all details again, changing them (also using the ‘back’ function of the Internet browser) or cancelling the purchase.

By sending the order via the ‘Buy’ button, you declare legally binding acceptance of the offer, whereby the contract is concluded.

(3) Your enquiries regarding the preparation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days.

(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.

(1) The download products offered are protected by copyright. You will receive a simple user licence for each download product purchased from us, unless otherwise stated in the respective offer.

(2) The single user licence includes permission to save and/or print a copy of the download product for your personal use on your computer or other electronic device.

You are prohibited from making any further copies. You are expressly prohibited from modifying or editing a file or parts thereof and making it available to third parties in any way, either privately or commercially.

(3) The product may contain open source software. Notwithstanding anything to the contrary contained herein, the open source software is licensed under its own licence terms. The open source licence conditions shall take precedence over the above provisions insofar as these provisions impose stricter restrictions than the applicable open source licence conditions.

(1) SEPA direct debit (basic and/or company direct debit)

When paying by SEPA Core Direct Debit or SEPA Business-to-Business Direct Debit, you authorise us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate.

The direct debit will be collected within 10 - 15 days after conclusion of the contract.

The deadline for sending the pre-notification is reduced to 5 days before the due date. You are obliged to ensure that your account has sufficient funds on the due date. In the event of a return debit note due to your fault, you must bear the bank charges incurred.

(1) The following applies to contracts concluded from 01.03.2022:

If you purchase or obtain access to any of our products, you will be granted a licence for each corresponding product for a specified period ("Licence Term"). If neither you nor G DATA terminate the contractual relationship before the end of the current Licence Term, the Licence Term will be automatically extended indefinitely. If you do not want this, you must deselect the "Subscription" option before concluding the contract.

The contract can be terminated at the end of the licence term and at any time thereafter with one month's notice. Cancellation is only effective if you provide at least two of the following characteristics applicable to you with the authentication declaration:

Customer number/ user name (login)/ registration number/ invoice number/ reminder number/ email address on file with G DATA.

(2) The following applies to all contracts concluded up to and including 28 February 2022:

If you purchase or obtain access to any of our products, you will be granted a licence for each corresponding product for a specified term (‘Licence Term’). If neither you nor G DATA terminate the contractual relationship at least 30 days before the end of the current Licence Term, the Licence Term will be automatically extended by an additional Licence Term at the applicable list price. The duration of the new licence term corresponds to the duration of the previous licence term.

(3) Amendments and supplements to an existing contract do not constitute a new conclusion of such a contract.

(1) You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.

(2) The goods shall remain our property until the purchase price has been paid in full.

(3) If you are an entrepreneur, the following shall apply in addition:

(a) We reserve title to the goods until all claims arising from the current business relationship have been settled in full. Prior to the transfer of ownership of the reserved goods, pledging or transfer by way of security is not permitted.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that accrue to you from the resale; we accept the assignment. You are further authorised to collect the claim. However, if you do not properly fulfil your payment obligations, we reserve the right to collect the claim ourselves.

c) If the goods subject to retention of title are combined and mixed, we shall acquire co-ownership of the new item in the ratio of the invoice value of the goods subject to retention of title to the other processed items at the time of processing.

d) We undertake to release the securities to which we are entitled at your request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. We shall be responsible for selecting the securities to be released.

(1) The statutory warranty rights apply.

(2) If you are an entrepreneur, the following shall apply in deviation from para. 1:

a) Only our own specifications and the manufacturer's product description shall be deemed agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.

b) You are obliged to inspect the goods immediately and with due care for deviations in quality and quantity and to notify us of obvious defects within 7 days of receipt of the goods in text form (e.g. e-mail); timely dispatch is sufficient to meet the deadline. This shall also apply to hidden defects discovered at a later date. The assertion of warranty claims is excluded in the event of a breach of the obligation to inspect and give notice of defects.

c) In the event of defects, we shall provide warranty at our discretion either by rectifying the defect or by supplying a replacement. If the rectification of defects fails, you may, at your discretion, demand a reduction in price or withdraw from the contract. The rectification of defects shall be deemed to have failed after the second unsuccessful attempt, unless the nature of the item or defect or other circumstances indicate otherwise. In the event of rectification of defects, we shall not be obliged to bear the increased costs arising from the transport of the goods to a location other than the place of fulfilment, provided that the transport does not correspond to the intended use of the goods.

d) The warranty period is one year from delivery of the goods. The shortened warranty period shall not apply to culpably caused damage attributable to us arising from injury to life, limb or health and grossly negligent or wilfully caused damage or fraudulent intent, as well as in the case of recourse claims in accordance with §§ 478, 479 BGB.

(1) We shall be liable without limitation for damages resulting from injury to life, body or health. Furthermore, we shall be liable without limitation in all cases of wilful intent and gross negligence, fraudulent concealment of a defect, assumption of a guarantee for the quality of the object of purchase and in all other cases regulated by law.

(2) Liability for defects within the scope of the statutory warranty shall be governed by the corresponding provision in our customer information (Part II) and General Terms and Conditions (Part I).

(3) Insofar as essential contractual obligations are affected, our liability for slight negligence shall be limited to the foreseeable damage typical for the contract. Essential contractual obligations are essential obligations which arise from the nature of the contract and the breach of which would jeopardise the achievement of the purpose of the contract as well as obligations which the contract imposes on us according to its content in order to achieve the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which you may regularly rely.

(4) In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.

(5) According to the current state of technology, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, we are not liable for the constant or uninterrupted availability of the website and the services offered there.

(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection afforded by mandatory provisions of the law of the state of the consumer's habitual residence is not thereby withdrawn (principle of favourability).

(2) The place of fulfilment for all services arising from the business relationships existing with us and the place of jurisdiction is our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is filed. The right to appeal to the court at another legal place of jurisdiction remains unaffected by this.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.

1. Identity of the seller

G DATA CyberDefense AG
G DATA Campus
Königsallee 178 a
44799 Bochum
Germany
Phone: +49 234 9762-0
E-mail: info@gdata.de

Alternative dispute resolution:

Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at ec.europa.eu/odr.

We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with § 2 and § 3 of our General Terms and Conditions (Part I.).

3. Contract language, contract text storage

3.1 The contract language is German.

3.2 We do not store the complete text of the contract. Before sending the order via the online shopping basket system, the contract data can be printed out using the browser's print function or saved electronically. After we have received the order, the order data, the information required by law for distance selling contracts and the General Terms and Conditions will be sent to you again by e-mail.

3.3 In the case of requests for quotations outside the online shopping basket system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.

4. Codes of conduct
4.1 We have submitted to the code of honour of Trusted Shops GmbH, which can be viewed at: www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.

5. Essential characteristics of the goods or services

5.1 The essential characteristics of the goods and/or services can be found in the respective offer.

6. Prices and payment modalities

6.1 The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.

6.2 The shipping costs incurred are not included in the purchase price. They can be called up via a correspondingly labelled button on our website or in the respective offer, are shown separately during the ordering process and are to be borne by you additionally, unless delivery free of shipping costs has been promised.

6.3 The payment methods available to you are shown under a correspondingly labelled button on our website or in the respective offer.

6.4 Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

7. Terms of delivery

7.1 The terms of delivery, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.

7.2 If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

If you are an entrepreneur, delivery and despatch shall be at your risk.

8. Statutory liability for defects

8.1 Liability for defects in our goods is governed by the ‘Warranty’ provision in our General Terms and Conditions (Part I).

8.2 As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as soon as possible. If you fail to do so, this will have no effect on your statutory warranty claims.

These general terms and conditions and customer information have been drawn up by the lawyers of Händlerbund who specialise in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information on this at: www.haendlerbund.de/agb-service.

Last update: 15.07.2024