Terms and Conditions

General Terms and Conditions of Delivery and Service of d.u.h.Group GmbH for use in dealings with businesses

I. Scope of Application

1. All deliveries, services and quotations provided by d.u.h.Group GmbH (hereinafter referred to as the “Supplier”) are made exclusively in accordance with these General Terms and Conditions of Delivery and Service. These form an integral part of all contracts which the Supplier concludes with its contractual partners (hereinafter also referred to as the “Customer”) in respect of the deliveries or services offered by the Supplier. They shall also apply to all future deliveries, services or offers to the Customer, even if they are not agreed separately again.

2. These General Terms and Conditions of Delivery and Services shall apply only if the Client is a trader (Section 14 of the German Civil Code (BGB)), a legal person under public law or a special fund under public law.

3. The Client’s or any third party’s terms and conditions shall not apply, even if the Supplier does not specifically object to their validity in individual cases. Even if the Supplier refers to a letter containing or referring to the Client’s terms and conditions or those of a third party, this shall not constitute agreement to the validity of those terms and conditions.

II. Offer and Conclusion of Contract

1. All offers made by the Supplier are subject to change and non-binding, unless they are expressly marked as binding or specify a particular acceptance period. This also applies where the Supplier has provided catalogues, technical documentation, test software, other product descriptions or documents – including in electronic form – in respect of which the Supplier reserves all ownership and copyright. The Supplier may accept orders or contracts within 14 days of receipt by means of a written or text-based order confirmation.

2. The concluded contract, including these General Terms and Conditions of Delivery and Service, shall be the sole basis for the legal relationship between the Supplier and the Customer. It fully sets out all agreements between the contracting parties regarding the subject matter of the contract. Any verbal undertakings made by the Supplier prior to the conclusion of this contract are not legally binding, and any verbal agreements between the contracting parties are superseded by the written contract, unless it is expressly stated in each case that they remain binding.

3. Any additions to or amendments of the agreements made, including these General Terms and Conditions of Supply and Service, must be in writing to be valid. With the exception of managing directors or authorised signatories, the Supplier’s employees are not authorised to enter into verbal agreements that deviate from the written agreement. For the purposes of complying with the written form requirement, transmission by email shall suffice, provided that a copy of the signed declaration is sent.

4. Information provided by the Supplier regarding the subject matter of the delivery or service (e.g. performance characteristics, utility values and technical data), as well as any representations thereof (e.g. test or sample versions or illustrations) are only approximate, unless suitability for the contractually intended purpose requires exact conformity. They do not constitute guaranteed characteristics, but rather descriptions or identifications of the goods or services. Deviations customary in the trade and deviations resulting from legal provisions or constituting technical improvements are permissible, provided they do not impair the suitability for the purpose specified in the contract.

III. Delivery, Dispatch, Transfer of Risk

1. Deliveries are made ex works, which is also the place of performance for the delivery and any subsequent performance. Upon request and at the client’s expense, delivery shall be made to an alternative destination. Delivery of software shall be made, at the supplier’s discretion, either in tangible form on a data carrier ex works or in intangible form as an online download.

2. The risk of accidental loss and accidental deterioration shall pass to the Client at the latest upon acceptance of the delivery and service by the Client. Acceptance shall be deemed to have taken place if the Client is in default of acceptance. If no acceptance is due or agreed, the risk shall pass upon handover.

3. If the client is in default of acceptance, fails to provide necessary cooperation, or if the supplier’s performance is delayed for other reasons for which the client is responsible, the supplier shall be entitled to claim compensation for the resulting loss, including additional expenses (e.g. storage costs, waiting times, etc.).

4. A delivery deadline shall only be deemed to have been agreed as binding if the supplier has expressly confirmed it as binding in writing or in text form. If the Supplier is unable to meet binding delivery deadlines for reasons beyond its control (unavailability of the service), it shall inform the Client of this without delay and, at the same time, notify the Client of the expected new delivery deadline. If the service is still unavailable within the new delivery period, the supplier is entitled to withdraw from the contract in whole or in part; any consideration already paid by the client shall be refunded to the client without delay. In this context, a case of unavailability of the service shall be deemed to include, in particular, a failure by the supplier’s own suppliers to deliver on time, provided that the supplier has entered into a corresponding covering transaction, neither the supplier nor the supplier’s own supplier is at fault, or the supplier is not obliged to procure the goods in the specific case.

5. Compliance with binding delivery deadlines is conditional upon the customer performing the acts of cooperation incumbent upon them (e.g. providing the necessary information, making the required hardware available) in a timely manner. If the Client fails to fulfil its obligations to cooperate in a timely manner, the delivery period shall be extended accordingly, provided that the Supplier is not responsible for this delay.

6. The Client shall have no entitlement to the delivery or use of the source code.

IV. Prices and Payment

1. The prices apply to the scope of services and delivery specified in the order confirmation. Additional or special services shall be invoiced separately. Prices are quoted in euros plus the applicable statutory value-added tax, packaging, delivery costs, customs duties for export deliveries, as well as fees and other public charges.

2. Unless otherwise agreed in an individual contract, invoice amounts are due for payment within fourteen days of the invoice date and delivery or acceptance of the goods or services. However, the Supplier is entitled, even within the context of an ongoing business relationship, to make a delivery, in whole or in part, only against advance payment. The Supplier shall declare such a reservation at the latest upon confirmation of the order.

3. Upon expiry of the above payment period, the Customer shall be in default. Interest shall be charged on the outstanding payment at the applicable statutory rate of interest for late payment during the period of default. The supplier reserves the right to claim further damages arising from the default.

4. The client shall only be entitled to rights of set-off or retention to the extent that their claim has been legally established or is undisputed. In the event of defects in the delivery or service, or counter-claims arising from the same contractual relationship, the client’s counter-rights shall remain unaffected.

5. If, after conclusion of the contract, it becomes apparent (e.g. through an application to open insolvency proceedings) that the Supplier’s claim for remuneration is at risk due to the Client’s inability to pay, the Supplier shall be entitled, in accordance with the statutory provisions, to refuse performance and – where applicable granting of a grace period – to withdraw from the contract (Section 321 of the German Civil Code (BGB)).

V. Obligations of the Client

1. The customer is obliged to inspect all deliveries and services provided by the supplier, for which no acceptance is due or agreed, without delay upon delivery or upon being made available, in accordance with the provisions of commercial law (§ 377 HGB) and to give written notice of any defects discovered, providing a precise description of the fault.

2. The Client shall thoroughly test the delivered software and the service (e.g. software installation) for suitability for use in the specific situation before commencing productive use. This also applies to services which the Client receives under the warranty or as part of any software maintenance.

3. Where the installation of software is required, the Client must grant the Supplier access to its computer systems, in particular servers, and provide information regarding these, insofar as this is necessary for the installation to be carried out. The Client shall ensure that, whilst the installation work is being carried out, a member of staff is available at all times who is familiar with the computer systems, in particular the servers, and is capable of operating the computer systems and servers professionally.

4. The Client shall take appropriate precautions in the event that the software fails to function properly, either in whole or in part (e.g. through data backup, documentation of software usage, fault diagnosis, regular verification of results, and contingency planning). It is the Client’s responsibility to ensure that the software’s operating environment is functional.

VI. The Client’s Rights in the Software

1. The software supplied (programme and user manual) is protected by law. Copyright, patent rights, trade mark rights and all other intellectual property rights in the software, as well as in any other items which the Supplier provides to or makes available to the Client in the course of the preparation and performance of the contract, shall, in the relationship between the contracting parties, vest exclusively in the Supplier. Insofar as such rights are held by third parties, the Supplier shall have the corresponding rights of exploitation.

2. The Supplier grants the Client a non-exclusive, non-transferable licence, restricted in accordance with the provisions of the individual contract, to install the software, access it and use it for its own internal business purposes in the country in which the Client first acquires and installs the software. Any further contractual rules governing use (e.g. restrictions on the number of workstations or users) must be technically implemented and complied with in practice.

The Client does not acquire any ownership rights to the software. All rights to the software and all relevant copyright, trade secrets or other industrial property rights relating to the software remain with the Supplier or third parties from whom the Supplier has acquired the right to licence the software.

3. Unless prohibited by mandatory statutory provisions, the Client is prohibited from translating or reverse-engineering the software or attempting to extract the software’s source code. The Client may not otherwise modify, alter, adapt or merge the Software, unless mandatory statutory provisions preclude this.

The Client may only decompile the Software’s interface information within the limits set out in Section 69e of the German Copyright Act (UrhG), and only after it has notified the Supplier in writing of its intention and requested the provision of the necessary interface information with at least two weeks’ notice. Clause XV shall apply to all knowledge and information obtained by the Client regarding the software in the course of decompilation. Clause XV shall apply. Prior to engaging any third party, the Client shall provide the Supplier with a written declaration from the third party stating that the latter undertakes directly to the Supplier to comply with the rules set out in this Clause VI and Clause XV.

4. All other acts of exploitation, in particular the letting, lending and distribution in tangible or intangible form, and the use of the software by and for third parties (e.g. through outsourcing, data centre operations, application service provision) are not permitted without the Supplier’s prior written consent.
5. The Supplier reserves all rights to the software that have not been expressly granted. The Supplier reserves the right to incorporate an appropriate security mechanism into the software which monitors the use of the software and verifies whether the Client is complying with the obligations assumed regarding the use of the software. The Supplier reserves the right to use licence management software and/or an authorisation key for the licence in order to control access to the software. The Client is not authorised to take any steps to circumvent or disable these measures. The use of the software without an authorisation key is prohibited.

VII. Retention of Title and Rights

1. Until full payment has been made of all present and future claims of the Supplier against the Customer arising from the ongoing business relationship, the Supplier reserves all rights of ownership and use in respect of the goods and/or services supplied.

2. The Supplier’s goods and services may not be pledged to third parties, transferred as security or otherwise made available for use until the secured claims have been paid in full. In the event of attachment or other encroachments by third parties, the Customer is obliged to inform the Supplier thereof without delay and to draw the third party’s attention to the Supplier’s title or right of use.

3. In the event of the Customer’s breach of contract (in particular in the event of non-payment of the remuneration due), the Supplier shall be entitled, in accordance with statutory provisions, to withdraw from the contract and to demand the return of the goods delivered on the basis of the retention of title and the withdrawal, and to revoke any rights of use granted to the Supplier in respect of software.

VIII. Acceptance

1. Completed works must be accepted. In the case of the supply of software, the subject of acceptance is the contractual performance of the software.

2. Acceptance shall take place in accordance with the following provisions:

a) The Client shall make available all systems and data necessary for carrying out the acceptance test. The Supplier is entitled, and, at the Client’s request, obliged in return for separate remuneration, to participate in the acceptance test.

b) The Supplier shall notify the Client in writing that the relevant service or partial service is ready for acceptance (notice of acceptance). Partial services/partial deliveries shall be accepted separately.

c) The Client must then commence the acceptance test within 12 working days of receiving the request for acceptance.

d) If acceptance fails, the Client shall provide the Supplier with a list of all defects preventing acceptance. After the expiry of a reasonable period, the Supplier shall provide a defect-free and acceptable version of the contractual software or other work deliverables. During the subsequent tests, only the documented defects shall be examined, insofar as they can be the subject of an isolated test in terms of their function. Following a successful test, the Client must declare acceptance of the deliverables in writing within 12 working days.

e) The Client may not refuse acceptance on the grounds of minor defects.

3. Where acceptance is required or the Client has commenced use of the service (e.g. has put the software into productive operation and not merely for trial or test purposes), the service shall also be deemed to have been accepted if

– delivery and, where the supplier is also responsible for installation, the installation have been completed,

– the supplier has notified the client of this and requested acceptance (request for acceptance),

– 12 working days have elapsed since delivery and installation, or the client has commenced use of the service (e.g. has put the software into productive use rather than merely for trial or test purposes) and, in this case, 6 working days have elapsed since delivery and installation, and

– the client has failed to carry out acceptance within this period for a reason other than a defect reported to the supplier which renders the use of the service impossible or significantly impairs it.

Pursuant to Section 640(2) of the German Civil Code (BGB), the Client may only prevent acceptance from being deemed to have taken place if they indicate the existence of material defects or a number of minor defects exceeding the usual extent.

4. In the event of a repeat acceptance in respect of justified previous notices of defects, the above provisions shall apply mutatis mutandis.

IX. Material Defects

1. The supplier guarantees that the service meets the quality standards contractually agreed.
Upon transfer of risk, the software supplied shall possess the agreed quality and shall be fit for the purpose specified in the contract or, in the absence of such an agreement, for its normal use. It shall satisfy the criterion of practical suitability and shall be of the quality customary for software of this type; however, it is not free from errors.

2. In the event of material defects, the Supplier may initially provide subsequent performance. Subsequent performance shall be carried out, at the Supplier’s discretion, by rectifying the defect, by supplying software that is free from the defect, or by the Supplier demonstrating ways to avoid the effects of the defect. At least three attempts at rectification must be accepted in respect of any defect. An equivalent new version of the programme or the equivalent previous version of the programme without the error must be accepted by the client if this is reasonable for them to do so.

3. The Client shall assist the Supplier in analysing the fault and rectifying the defect, in particular by providing a detailed description of any problems that arise, keeping the Supplier fully informed, and granting the Supplier the time and opportunity required to rectify the defect. The Supplier may, at its discretion, rectify the defect on site at the Client’s premises or at its own business premises, including, in particular, via remote maintenance. The Client shall grant the Supplier (electronic) access to the software following appropriate prior notification.

4. The contracting parties agree on the following fault categories and response times for the software supplied:

a) Fault category 1: Faults preventing business operations

The fault prevents the Client from carrying out its business operations; no workaround is available: The Supplier shall commence rectification of the fault without delay, at the latest within 24 hours of the fault being reported, and shall continue to work vigorously to rectify the fault, including, where reasonable, outside normal working hours (weekdays 08:00 to 17:00).

b) Fault Class 2: Faults hindering operations

The fault significantly hinders the client’s business operations; however, the software can still be used by means of workarounds or with temporarily acceptable restrictions or difficulties: If the fault is reported before 10:00, the Supplier shall commence rectification on the same day; if reported later, rectification shall commence at the start of the next working day and shall continue until the fault is rectified the fault within normal working hours. The Supplier may initially propose a workaround and rectify the fault at a later date, provided this is reasonable for the Client.

c) Fault Class 3: Other Defects

The supplier shall commence rectification within one week or shall rectify the fault only with the next software release, provided this is reasonable for the client.

5. In the event of a disagreement regarding the classification of a fault into the classes set out in paragraph 4, the client may request that it be classified in a higher fault class. The client shall reimburse the supplier for any additional costs incurred as a result, unless the client can prove that its classification was correct.

6. The Supplier may claim compensation for additional costs arising from the software having been modified, used outside the specified environment or operated incorrectly.

7. The Client shall have no claim for defects in the event of improper use or faults in the system environment provided by the Client, nor in the case of non-reproducible software faults, nor in the event of subsequent modification of the software by the Client or third parties, unless this does not make it more difficult to identify and rectify the defect.

8. Liability under Clause XI, paragraph 7 remains unaffected.

X. Legal defects

1. The Supplier warrants that no third-party rights stand in the way of the Client’s use of the software in accordance with the contract. In the event of legal defects, the Supplier shall, at its own expense, fulfil its warranty obligation by, at its discretion, providing the Client with a legally unobjectionable means of using the software or equivalent software.

2. The Client shall notify the Supplier immediately in writing if third parties assert property rights (e.g. copyright or patent rights) in the software.

3. Liability under Clause XI(7) remains unaffected.

XI. Liability for Damages Arising from Fault

1. The Supplier’s liability for damages, regardless of the legal basis, in particular arising from impossibility of performance, delay, defective or incorrect delivery, breach of contract, breach of duties during contract negotiations and tort, is limited in accordance with this Clause XI, insofar as such liability depends on fault in each respective case.

2. The Supplier shall not be liable in the event of simple negligence on the part of its organs, legal representatives, employees or other vicarious agents, provided that this does not constitute a breach of obligations essential to the contract. Essential to the contract are the obligation to deliver and install the subject-matter of the contract on time, its freedom from legal defects and from material defects that impair its functionality or fitness for purpose to more than a negligible extent, as well as duties of advice, protection and care intended to enable the Client to use the subject-matter of the contract in accordance with the contract, or aimed at protecting the life, physical integrity or health of the Client’s personnel, or at protecting the Client’s property from significant damage.

3. Insofar as the Supplier is liable for damages in principle pursuant to paragraph 2, such liability shall be limited to damages which the Supplier foresaw at the time of conclusion of the contract as a possible consequence of a breach of contract, or which the Supplier ought to have foreseen had it exercised the care customary in the trade. Furthermore, indirect and consequential damages resulting from defects in the subject-matter of the contract shall only be compensable to the extent that such damages are typically to be expected when the subject-matter of the contract is used for its intended purpose.

4. In the event of liability for simple negligence, the Supplier’s obligation to pay compensation for property damage and any resulting further financial loss shall be limited to an amount of EUR 5,000,000 per claim, but not exceeding EUR 10,000,000 per insurance year.

5. The above exclusions and limitations of liability shall apply to the same extent in favour of the Supplier’s organs, legal representatives, employees and other vicarious agents.

6. Insofar as the Supplier provides technical information or acts in an advisory capacity, and such information or advice does not form part of the contractually agreed scope of services owed by the Supplier, this shall be provided free of charge and to the exclusion of any liability.

7. The limitations set out in this Clause XI shall not apply to the liability of the Supplier or the liability of the persons named in paragraph 5 in respect of wilful misconduct, guaranteed characteristics, injury to life, limb or health, or under the Product Liability Act.

XII. Limitation Period

1. The limitation period shall commence upon acceptance – or, if no acceptance has been agreed or is required, upon delivery – and shall be:

a) one year from delivery for claims arising from material defects;

b) for claims arising from defects of title, two years, provided that the defect of title does not relate to a third party’s right on the basis of which the third party may demand the return of the software or demand that its use be discontinued;

c) in the case of claims for damages or reimbursement of wasted expenditure not based on material or legal defects, two years; the period begins at the time when the client became aware of the circumstances giving rise to the claim or should have become aware of them had it not been for gross negligence.

2. The limitation period shall commence at the latest upon expiry of the maximum periods specified in Section 199 of the German Civil Code (BGB). Paragraph 1 shall not apply to claims for damages and reimbursement of expenses arising from wilful misconduct, gross negligence or a guarantee, nor to claims relating to injury to life, limb or health, nor to claims under the Product Liability Act.

XIII. Special Provisions for Training Courses

1. The Supplier shall, on the basis of a separate order, provide training services in the form of online seminars or face-to-face events in the field of information technology. The Supplier’s services constitute services within the meaning of Sections 611 et seq. of the German Civil Code (BGB). The Supplier is not obliged to ensure the success of the training.

2. The training fee covers participation in the event, the training or seminar materials and – where announced – refreshments during the event, lunch or, where applicable, an evening snack. It also includes the issue of a certificate of attendance. Each participant shall have their own workstation at the Supplier’s training centre for the duration of the training.
Unless otherwise stipulated in an individual contract, special terms such as early-bird discounts, promotional discounts or other benefits may not be combined with other discounts or benefits, such as those arising from framework agreements concluded with the customer.

3. Registration for the training course is deemed to have been accepted upon the Supplier issuing a confirmation of registration. The Supplier may accept registrations within 14 days of receipt.

4. Confirmed registrations may be cancelled in writing free of charge up to 14 days before the start of the training course – the date on which the cancellation is received by the Supplier shall be decisive; thereafter, the Supplier shall charge a fee of 50% of the training costs. If no written cancellation is received by no later than 7 days before the start of the training course, the supplier will invoice the customer for the full training fee. A replacement participant may be registered up until the start of the event. If the customer was granted special terms for the cancelled training course, such as early-bird discounts, promotional discounts or other benefits, these will no longer be valid should the customer re-register for other training courses and are therefore not transferable in the event of cancellation by the customer. The same applies if the training course is cancelled by the supplier in accordance with Clause XIII(5).

5. A training course may be cancelled for good cause, e.g. if the number of participants is too low, if a trainer is unable to attend or is ill, or in the event of force majeure. In the event of an insufficient number of participants, cancellation shall take place no later than two weeks before the start of the event. In all other cases of cancellation for good cause, as well as in cases of necessary changes to the programme – in particular a change of trainer – the supplier shall inform the participants as soon as possible. If, in exceptional circumstances, a training course has to be cancelled or postponed, the supplier shall refund the participation fee paid without delay. Any further claims are excluded. Liability under Clause XI(7) remains unaffected by this.

6. The Supplier’s training materials – in whatever form – are protected by copyright and may not be reproduced or distributed – even in part – without the Supplier’s consent. The Supplier reserves all rights in this regard. The training materials are made available exclusively to the participants.

7. The Supplier is free to choose the persons it employs to deliver the training courses. The Supplier shall ensure that the persons it assigns are sufficiently qualified to provide the services. Where and to the extent that the Supplier has named specific individuals whom it intends to assign to provide the services, this reflects the state of planning at the time of such naming. There is no entitlement to the deployment of the named individuals. The individuals deployed by the Supplier to provide the services are not subject to the Client’s authority to issue instructions. This applies in particular where individuals deployed by the Supplier provide the services on the Client’s premises.

XIV. Commencement and Termination of the Client’s Rights

1. Title to the goods delivered and the rights under Clause VI shall not pass to the Client until full payment of the contractual remuneration has been made. Prior to this, the Client shall have only a provisional right of use, based solely on the law of obligations and revocable in accordance with paragraph 2.

2. The Supplier may terminate the rights set out in Clause VI for good cause. Good cause shall be deemed to exist if, taking into account all the circumstances of the individual case and weighing up the interests of both parties, it cannot reasonably be expected that the software should remain with the Client on a permanent basis, in particular if the Client is in material breach of Clause VI.

In the event of termination pursuant to this Clause XIV.2, all licences granted shall expire immediately.

3. If the rights under Clause VI do not arise or if they cease, the Supplier may require the Client to return the items provided or to provide written assurance that they have been destroyed; furthermore, the Supplier may require the deletion or destruction of all copies of the items and written assurance that this has been carried out.

XV. Confidentiality and Data Protection

1. The contracting parties undertake to treat as confidential, even after the termination of the contract, all Confidential Information (e.g. software, documents, information) which is legally protected, contains trade or business secrets, or is designated as confidential, to treat such information as confidential even after the termination of the contract. Excluded from the duty of confidentiality is any information which can be demonstrated to be

– is already in the public domain or becomes so without the involvement of either Party;

– is disclosed to a Party by a source that is not bound by a confidentiality obligation towards the other Party;

– must be disclosed due to mandatory statutory provisions and/or a court or regulatory order.

2. The contracting parties shall store and secure this Confidential Information in such a way as to prevent access by third parties.

3. The contracting parties shall only make the Confidential Information available to employees and other third parties who require access to it in order to perform their duties. They shall instruct such persons regarding the need to maintain the confidentiality of the Confidential Information.

4. The Supplier shall process the Client’s data required for the conduct of business in compliance with data protection regulations. The Supplier may name the Client as a reference customer following the successful completion of the services.

XVI. Final Provisions

1. The exclusive place of jurisdiction for any disputes arising from the business relationship between the Supplier and the Client shall be Bielefeld. Mandatory statutory provisions regarding exclusive places of jurisdiction remain unaffected by this provision.

2. The relationship between the Supplier and the Client shall be governed exclusively by the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) and the conflict-of-laws rules of private international law shall not apply, and their applicability is excluded.

3. Insofar as the contract or these General Terms and Conditions of Supply and Service contain any gaps in their provisions, the legally valid provisions shall be deemed to have been agreed to fill such gaps, which the contracting parties would have agreed upon in accordance with the economic objectives of the contract and the purpose of these General Terms and Conditions of Supply and Service, had they been aware of the omission.

5. Special provisions for orders placed via the online shop

1. Proof of your status as a business

Our online shop is aimed exclusively at traders within the meaning of Section 14 of the German Civil Code (BGB). We may therefore require, prior to the conclusion of the contract, that you provide us with sufficient proof of your status as a business, e.g. by providing your VAT registration number or other suitable evidence. You must provide the data required for this proof in full and truthfully.

2. Guest orders; processing of your personal data

Orders are placed as guest orders. No customer account is created when an order is completed. The data requested during the ordering process is processed for the purpose of fulfilling the contract and processing the order. For information on how your data is processed, please read our privacy policy, which you can access via the following link:
https://www.duh-group.com/de/datenschutzerklaerung/

3. Formation of the contract / Contract language

The presentation of the software and services in our online shop does not constitute a legally binding offer, but rather an invitation to place an order (invitatio ad offerendum).

By clicking the ‘Place order’ button in the final step of the ordering process, you are making a binding offer to purchase the software or service displayed in the order summary. Immediately after submitting your order, you will receive an order confirmation; however, this does not yet constitute acceptance of your contractual offer. A contract between you and us is concluded as soon as we accept your order by means of a separate email. This is in any case subject to prior approval of your order by Siemens Digital Industries Software, which we will request following your order. As a precaution, please check the spam folder of your email inbox regularly.

The language provided for the conclusion of the contract is German only. Translations into other languages are for your information only. In the event of any discrepancies between the German text and the translation, the German text shall take precedence.

4. Technical steps leading up to the conclusion of the contract and correction of input errors

As part of the ordering process, you first add the desired software or service to your shopping basket. There, you can change the selected configuration or quantity, or remove selected, configured software or services, at any time before completing the order process. If you have added software or services to your shopping basket, clicking the ‘Complete order’ button will take you to a page where you can enter, check and correct your details by clicking on the relevant fields. If you wish to cancel the ordering process entirely, you can also close the browser window. Otherwise, once you have clicked the ‘Place a binding order’ button, your order becomes binding.

Bielefeld, January 2026