General terms and conditions (GTC)

Enwikuna UG (limited liability)
Alex-Gugler-Str. 16
83666 Waakirchen

hereinafter referred to as provider

§ 1 Scope of application, definitions

These general terms and conditions apply exclusively to the purchase and use of prefabricated digital products offered through the provider’s website and to the associated product-related services.
These general terms and conditions do not apply to individual consulting, development, setup, customization, project or other agency services. Such services are governed exclusively by the provisions of the respective quotation or contract.
Deviating general terms and conditions of the customer shall not apply unless the provider expressly agrees to their validity in writing.
The provider’s products and product-related services are intended for both consumers and entrepreneurs. For the purposes of these general terms and conditions, a consumer is any natural person who enters into the contract for purposes that predominantly are outside their trade, business or profession (Section 13 of the German Civil Code – BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into the contract, acts in the exercise of their trade, business or profession (Section 14 (1) BGB). Both are hereinafter referred to as the customer.
Before placing an order, the customer must register on the provider’s website and create a customer account. The customer area is subsequently accessible by logging in with the username selected during registration or with the customer’s email address and personal password.
A product within the meaning of these general terms and conditions includes all prefabricated digital content and software products offered via www.enwikuna.de. This includes, in particular, extensions for content management systems such as WordPress.
Updates within the meaning of these general terms and conditions are updates to the products.
Documentation within the meaning of these general terms and conditions includes the provider’s installation and usage instructions for the products and updates.
Product-related services are support and update services offered by the provider in connection with a product. Individual setup or customization services are not included in the product purchase or the product-related services and, if required, are offered and invoiced separately.
Contracts with the customer are concluded in German or English.

§ 2 Conclusion of contract

The presentation of products and services on the website of the provider is an invitation to submit offers.
After selecting the products and services, the customer is prompted to provide the information required for the order and payment. The customer makes a binding offer to conclude a contract only by completing the designated ordering and payment process. The customer is bound by this offer for 3 working days.
The offer refers to the products and services shown in the Orders overview before the binding offer is submitted. The provider’s services depend on the products and services selected. Further details are set out on the website.
The provider confirms the receipt of the customer’s offer to the customer by email. With this email, the provider accepts the customer’s offer and the contract between the provider and the customer is concluded. The email reflects the essential content of the order. The obligations of the customer shall be determined in accordance with § 5 of these GTC.
The provider sends the customer the contractual provisions, including the general terms and conditions applicable at the time the contract is concluded, by email within a reasonable period after the contract is concluded.
For products and product-related services with an agreed term, the initial term is one year unless a different term is specified for the respective product before the contract is concluded. Notice of cancellation may be given at any time and takes effect at the end of the agreed term. If automatic renewal has been agreed, the contract continues for an indefinite period after the initial term and may then be canceled at any time by giving no more than one month’s notice.

§ 3 Provision and granting of rights

Products and updates are provided to the customer in the form intended for the respective product. The type and scope of provision are specified in the relevant product description. Provision may take place, in particular, by download from the customer area or by granting online access.
The provider supplies a paid product or paid update only after the full purchase price has been received. Provision takes place after the successful payment has been confirmed to the provider.
Use of a product is governed by the license terms specified in the relevant product description or supplied with the product. Where a product or components thereof are provided under the GNU General Public License, Version 3 of June 29, 2007 (GPLv3), the corresponding rights of use are governed by the GPLv3.
When an agreed term expires, the right of use granted under the paid product license ends if the relevant product description requires an active license for use. Rights granted to the customer for the product or components thereof under mandatory statutory provisions or an open-source license, in particular GPLv3, remain unaffected. Once the term has expired, the customer is also no longer entitled to further updates or product-related services unless otherwise agreed for the respective product.

§ 4 Services

From the date payment is received, the purchase of a product also entitles the customer to use the product-related services offered for the respective product. The duration of the services (service period) is determined by the package purchased by the customer or the agreed term.
As part of the services, the customer has the option to receive support for products via email during business hours.
During the service period, the provider supplies the customer with required updates, including security updates. Additional functional enhancements are at the provider’s discretion. Updates are provided to the customer in the form intended for the respective product.
Initial setup or individual customization of the customer’s system is not included in the product-related services. If required, such services are offered and invoiced separately.

§ 5 Customer obligations and payment

The customer is obliged to pay the agreed purchase price as part of the ordering process using one of the payment methods offered there. Payment is processed using PayPal services and may include payment through a PayPal account or by credit card. The payment methods actually displayed during the ordering process shall apply. The purchase price is deemed to have been paid once receipt of the full payment has been confirmed to the provider.

§ 6 Privacy

The provider complies with the applicable provisions of data protection law. Customers can find more detailed information about data processing and the rights to which they are entitled (right of access, right to rectification or erasure, right to restriction of processing, right to object to processing and right to data portability) in the provider’s privacy policy, which is available on the provider’s website.

§ 7 Right of withdrawal / money-back guarantee

Consumers generally have a statutory right of withdrawal when entering into a distance contract. Details of the right of withdrawal, how it may be exercised and the conditions under which it may expire early in the case of digital content are set out in the separate cancellation policy.
If the provider grants a money-back guarantee for individual products, this is subject to the condition that the customer provides detailed reasons for the return and that there are no grounds to suspect that the customer intended from the outset to use the product only temporarily and then exercise their right of withdrawal.

§ 8 Final provisions

Contracts between the provider and customers shall be governed by the laws of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). The statutory provisions restricting the choice of law and requiring the application of mandatory provisions, in particular those of the state in which the customer has their habitual residence, shall remain unaffected.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.