Terms and Conditions

Terms and Conditions and Customer Information

Terms and Conditions for the Online Shop

§ 1 Basic Provisions

(1) The following terms and conditions apply to all
contracts you enter into with us as the supplier (Maldoner Engineering) via the
website www.maldoner.de/lv-shop. Unless otherwise
agreed, the inclusion of any terms and conditions of your own
that you may use is hereby excluded. (2) A ‘consumer’ within the meaning of the following
provisions is any natural person who enters into a legal transaction for purposes
which are predominantly neither commercial nor related to their self-employed
professional activity. A business operator is any natural
or legal person, or a partnership with legal capacity, which, when
entering into a legal transaction, is acting in the course of its self-employed professional
or commercial activities.

§ 2 Formation of the contract

(1) The subject matter of the contract is the sale of
downloadable products.

(2) Simply by listing the relevant
downloadable product on our website, we are making you a binding
offer to conclude a contract of sale on the terms set out in the product description
.

(3) The contract of sale is concluded via the online shopping basket system
as follows: The download items you intend to purchase are placed in the ‘shopping basket
’. You can access the ‘shopping basket’ via the relevant button in the
navigation bar and make changes there at any
time. After accessing the ‘Checkout’ page and entering your
personal details and payment details, all order details are displayed once
more on the order summary page. Before submitting the
order, you have the opportunity to
check all the details again, make changes (including via your web browser’s ‘Back’ function)
or cancel the purchase. By submitting the order via the
‘Place order’ button, you are legally bound to
accept the offer, thereby concluding the contract of sale.

(4) Your enquiries regarding the preparation of a
quotation are non-binding. We will provide you with a binding quotation in
writing (e.g. by email), which you may accept within 20 days.

(5) The processing of the order and the transmission of all information required in
connection with the conclusion of the contract are carried out partly automatically via
email. You must therefore ensure that the email address you
have provided to us is correct, that the receipt of
emails is technically guaranteed and, in particular, that it is not blocked by spam filters
.

§ 3 Licence to Use Downloadable Products

(1) The download products on offer are protected by
copyright. You will receive a
non-exclusive licence for each download product purchased from us, unless otherwise stated in the relevant product description on the
website.

(2) The non-exclusive licence grants you permission to save a
copy of the downloadable product on your computer
or other electronic device and/or to print it out for your personal use. You are prohibited from making any
further copies. You are expressly prohibited from modifying or editing a
file or parts thereof, or making it available to third parties in any way
, whether privately or commercially.

(3) Any use, reproduction, publication or
distribution of the provider’s
concepts, designs, illustrations, photographs and layouts is subject to a fee and requires the provider’s consent.

(4) Concepts, designs, illustrations, photographs and layouts
shall at all times remain the property of the author and are made available exclusively in accordance with
copyright law for the agreed type of use.

(5) The contracting party is not entitled to transfer the
rights of use to third parties, group companies or subsidiaries. In
the event of non-compliance, a retrospective fee
determined by the Provider shall become due immediately, but no later than 14 days after
a request for payment.

§ 4 Right of retention

You may only exercise a right of retention insofar as the
claims relate to the same contractual relationship.

§ 5 Liability

(1) We shall be liable without limitation for damages resulting from injury
to life, limb or health. Furthermore, we shall be liable without
limitation in all cases of wilful misconduct and gross negligence, in
the event of fraudulent concealment of a defect, where we have assumed a guarantee for the
quality of the purchased item, and in all other cases provided
for by law.

(2) Liability for defects under the statutory
warranty is governed by the relevant provisions in our
customer information (Part II).

(3) Where essential contractual obligations are concerned, our liability in cases of slight negligence is
limited to the foreseeable damage typical for
this type of contract. Essential contractual obligations are
essential obligations arising from the nature of the contract, the breach of which
would jeopardise the achievement of the purpose of the contract,
as well as obligations which the contract imposes on us, in accordance with its terms, for the fulfilment of the purpose
of the contract; the fulfilment of which is essential for the proper performance of the contract in
the first place; and on the observance of which you may reasonably rely.

(4) In the event of a breach of non-essential contractual obligations, liability is
excluded in cases of breach due to slight negligence.

(5) Given the
current state of technology, error-free and/or constant availability
of data communication via the internet cannot be guaranteed. We therefore accept no liability for the constant or
uninterrupted availability of the website or the services offered
thereon.

§ 6 Choice of law, place of performance, jurisdiction

(1) Swiss law shall apply. In the case of consumers, this
choice of law shall apply only in so far as it does not deprive the consumer of the protection
afforded by mandatory provisions of the law
of the country in which the consumer has their habitual residence (principle of favourability).

(2) The place of performance for all obligations arising from business relationships with us
, as well as the place of jurisdiction, is our registered office, provided that you
are not a consumer but a trader, a legal person 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 residence is unknown at the time the action is brought.
The right to bring proceedings before a court at another statutory place of jurisdiction
remains unaffected by this.

(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly
excluded.

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General Terms and Conditions

1. Scope

These General Terms and Conditions of Business and Delivery of Maldoner
Engineering govern the legal relationship between Maldoner
Engineering and the customer. The applicability of any deviating terms and conditions of the customer is
excluded, even if Maldoner Engineering does not expressly
object to them.

2. Delivery and Dispatch

All quotations, recommendations and cost estimates provided by Maldoner
Engineering are subject to change and non-binding. Maldoner Engineering is
entitled to make partial deliveries and to supply prototypes.
Services, documentation, source codes and support are only
included in the scope of delivery if they are explicitly offered and ordered.
All delivery dates quoted by Maldoner Engineering are non-binding
, unless a delivery date is expressly agreed in writing
as being binding. Agreed delivery dates shall take effect from the date of
the order confirmation and shall be postponed accordingly if the customer requests changes or additions after
placing the order. If the
necessary cooperation from the customer or a third party commissioned
by them is not provided, or is not provided in good time, or if other circumstances
arise which prevent the delivery date from being met and for which Maldoner
Engineering is not responsible, Maldoner Engineering shall not be liable for
any resulting delay.

3. Terms of payment

Payment is due immediately upon invoicing.
Any payment terms agreed otherwise shall be specified in writing
on the invoices. The customer shall automatically be in
default, even without prior notice, if the invoice is not settled within 30 days of the due date and
receipt. In the event of default,
Maldoner Engineering is entitled to withhold further deliveries and services. Furthermore –
subject to the assertion of any further damages arising from the default – interest
shall be charged at a rate of 9 percentage points above the respective base rate of UBS
. All prices are exclusive of statutory
VAT.

4. Withdrawal / Default of Acceptance

Where components
necessary for the performance of the services, but
not manufactured by Maldoner Engineering itself, form part of the contract, Maldoner Engineering shall be entitled to withdraw from
the contract if the relevant supplier
fails to deliver. However, this shall only apply insofar as Maldoner Engineering is not responsible for the
non-delivery. In this case, the customer shall be informed immediately
of the unavailability of the service and shall be reimbursed for any consideration already paid up to the time
of withdrawal.
If the customer is in default of acceptance or culpably breaches other
obligations to cooperate, Maldoner Engineering shall be entitled to claim compensation
for the
loss incurred in this respect, including any additional expenses. We reserve the right to make further claims.

5. Set-off / Right of Retention / Assignment

The customer may only
set off claims against Maldoner Engineering if the customer’s claim set up for set-off is based on this
contractual relationship and has been legally established or is undisputed.
The exercise of a right of retention against claims by Maldoner
Engineering is permissible if the customer’s claim arises from this
contractual relationship and has been legally established or is undisputed.
Any assignment or transfer by the customer of claims, rights or obligations arising from the
contractual relationship requires the prior written
consent of Maldoner Engineering.

6. Provision of Services

Maldoner Engineering shall
provide its services in several stages. The following provisions apply in this regard:

6.1. Quotation

Unless otherwise agreed individually in the contract,
the customer is obliged to
submit a specification document with a catalogue of requirements, on the basis of which Maldoner Engineering will draw up a quotation with
a detailed cost estimate. Where it is agreed that Maldoner Engineering is also to prepare the specifications
, this service shall be remunerated separately
. The version declared final by the customer shall form an integral part of
the contract.

6.2. Preparation of the Specification Document

On the basis of this quotation, the
customer’s requirements shall be incorporated into a specification document containing a detailed concept, milestones and
a timetable. Upon the customer’s acceptance of these requirements specifications, the first instalment – amounting to 30 per cent
of the total sum, unless otherwise agreed – shall
be due. If the requirements specification is rejected, Maldoner
Engineering shall be entitled to make two revisions. Should acceptance
not follow even after these revisions, the client shall pay the agreed fee for the requirements specification,
and the contract shall be deemed terminated.

6.3. Implementation

Implementation shall commence upon acceptance of the specifications.
The customer shall receive one or more prototypes to assess whether the objectives have been met.
Any changes or deviations shall require the consent of both parties. In
the event of extensions or changes to parts of the programme that have already been implemented, an extension offer including a cost estimate and timetable shall
be sent by email;
the client must confirm this in writing, at least by email. Upon acceptance
, the defined requirements are compared with the actual functions of
the application in a written acceptance report drawn up jointly with the client
. Acceptance must take place within 14 days of the product being made available and
the client being notified. The customer is obliged to accept the product,
with acceptance or partial acceptance taking place in accordance with the milestone plan.
Where staff induction or training is included
in the scope of delivery, this shall take place during commissioning and acceptance. For
commissioning and acceptance, the customer must ensure that the prerequisites defined
in the specifications are met and must provide the required aids, samples, equipment and
suitable personnel. Acceptance shall be deemed to have taken place provided that the
customer signs the acceptance report without any outstanding issues or fails to carry out acceptance
within the specified period without giving reasons.
If there are significant deviations, the outstanding issues shall be recorded in writing in
the acceptance report and a provisional acceptance with defects shall be certified. The
deviations shall be rectified
by Maldoner Engineering within a reasonable period and the result shall be submitted for re-acceptance. Acceptance shall be deemed to have taken place at the latest
upon payment or use of the product.

6.4. Support

Once acceptance has taken place, the customer may draw upon the agreed
support allowance. This is recorded in writing
in a service report. Support enquiries that are clearly attributable to a previously
hidden fault do not reduce the
support allowance. The same applies to feedback from the customer containing
suggestions for improvement as part of the continuous software improvement process.
Improvements to the product will be delivered to the customer with the next regular update
. There is no legal entitlement to the implementation of such suggestions
for improvement; this is done on a voluntary basis.

7. Licensing

Ownership of the software developed
by Maldoner Engineering is not transferred to the customer. Instead, the customer is granted a
right of use in the form of a single-user licence for installation and use
on a project-specific target system defined at the time the contract is awarded.
Any deviating rights of use must be expressly agreed in writing between Maldoner
Engineering and the customer. All copyright and intellectual property rights
, as well as the rights to reproduce and modify the source code, remain
with Maldoner Engineering. In the event of the purchase of source code, Maldoner
Engineering reserves the right to encrypt non-customer-specific parts of the code or to
apply further protective measures. The transfer of applications and
source codes to third parties or their use on undefined target systems is prohibited without
the written consent of Maldoner Engineering. The customer must
take appropriate measures to ensure that the agreed and existing
licence and copyright are not infringed either by the customer or by third parties.
In the event of breaches of the terms of use and licence agreements, the customer shall pay a contractual penalty equal to five times the
licence fee for
each instance of infringement, whereby Maldoner Engineering reserves the right to claim
provable damages in excess of this amount. Where software or components from third parties are used for the implementation
of a project, the terms and conditions of the respective manufacturer shall apply
to such projects. The customer is not authorised to sell
the products.

8. Liability and Warranty

Maldoner Engineering shall be liable in cases of wilful misconduct and gross
negligence, as well as in the event of injury to life, limb or health, in
accordance with statutory provisions. For
propertyand financial loss caused by slight negligence, Maldoner Engineering shall only be liable in the event of a breach
of those obligations whose fulfilment is essential for the proper performance of the
contract and on whose compliance the customer
may reasonably rely, whereby liability is limited to compensation for typical
, foreseeable damage. The same applies to Maldoner
Engineering’s liability for its agents and vicarious agents. Maldoner
Engineering shall not be liable for any damage arising from incorrect operation or
failure to follow operating instructions on the part of the customer. In
all other respects, liability is excluded.
The warranty is, to the extent permitted by law, limited to 12 months from the date of acceptance
by the customer. This does not apply to the absence of warranted
characteristics and/or the fraudulent concealment of a defect. The
warranty does not cover the rectification of faults caused by external
influences, parameterisation errors or operating errors. Where the customer
modifies the software or components themselves or has them modified by third parties,
warranty claims are excluded. In the event of any defects, Maldoner
Engineering shall, at its discretion, fulfil its warranty obligations by either rectifying the defect or replacing the item. Defects
must be reported in writing
by the customer within the warranty period.

9. Duty of Confidentiality

Maldoner Engineering and the customer mutually undertake
to keep all business and trade secrets of the other party
confidential for an indefinite period and not to disclose them to third parties or exploit them in
any way, unless statutory claims by third
parties apply in this regard. Documents, source code and other information received by the
contracting party as a result of the business relationship may only be used within
the scope of the respective purpose of the contract. The use of customer data
for the contracting party’s own advertising purposes in similar product segments is not
excluded. The customer may object to such use at any time without
incurring any costs other than those for the investigation in accordance with the
standard rates.

10. Jurisdiction / Place of Performance / Requirement for Written Form

The place of jurisdiction is Arbon. The relations between the parties
are governed by the law of the Swiss Confederation. The application of
the UN Convention on Contracts for the International Sale of Goods is excluded. The place of performance is the respective registered office
of Maldoner Engineering. There are no verbal side agreements. Amendments and
additions to contracts and these terms and conditions must be made in writing.

11. Severability clause

Should any individual provisions of these General
Terms and Conditions be or become invalid in whole or in part, this shall not affect
the validity of the remaining provisions. Rather, the invalid provision shall be replaced by
a provision that most closely
approximates the intended purpose.

______________________________________________________________________________________

Customer Information

1. Identity of the Seller

Daniel Maldoner
Rebhaldenstrasse 14
CH-9326 Arbon
Switzerland
Email: info@maldoner.ch

2. Information on the conclusion of the contract

The technical steps involved in the conclusion of the contract, the conclusion of the contract itself and the options
for making corrections are governed by Section 2 of our General Terms and Conditions (Part I).

3. Contract language, storage of the contract text

3.1. The contract language is German.

3.2. We do not store the full text of the contract. Before submitting the order, the contract details can be printed using the browser’s print function or saved electronically.
Once we have received your order, the order details, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by email.

4. Essential characteristics of the goods or services

The key features of the goods and/or services are set out in the product description and the supplementary information on our website.

5. Prices and payment terms

5.1. The prices stated in the respective offers, as well as the delivery charges, represent total prices. They include all price components, including any applicable taxes.

5.2. As the goods are delivered via download, no delivery charges apply.

5.3. The payment methods available to you are listed under a button labelled accordingly on our website or in the relevant product description.

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

6. Delivery Terms

6.1. The delivery terms, the delivery date and any applicable delivery restrictions can be found under a button labelled accordingly on our website or in the relevant product description.

7. Statutory Liability for Defects

7.1. The statutory rights in respect of liability for defects apply. These General Terms and Conditions and customer information have been drawn up by lawyers at Händlerbund specialising in IT law and are continuously reviewed for legal compliance.

Last updated: 30 July 2026