Terms of service

GENERAL TERMS AND CONDITIONS OF BUSINESS ONLINE SHOP 

§ 1 CONCLUSION OF THE CONTRACT
 

The presentation of the goods or software in our online shop is not a legally effective offer, but the customer makes a binding purchase offer by placing an online order. We accept the purchase offer by means of an express order confirmation by e-mail or by delivery of the ordered goods or software. An e-mail with which we only confirm receipt of the order does not constitute a binding acceptance of the purchase offer. 

§ 2 PAYMENT
 

Our claims are due upon delivery of the goods to the customer or upon receipt of the software and are payable without deduction in EURO by credit card, PayPal or Klarna. 

§ 3 DELIVERY 


We are entitled to make partial deliveries - insofar as this is reasonable for the customer - which we can invoice separately in each case. 

§ 4 FYTA APP TERMS OF USE 


The software application "FYTA App" ("Software") and the user documentation ("Documentation") shall be provided to the customer on a permanent basis. After conclusion of the contract the software and the user documentation shall be made available to the customer for download on the internet page  

https://www.apple.com/de/app-store/, 

https://play.google.com/  

provided to the customer after conclusion of the contract. 
 
With regard to the scope of use the following applies: 
 
a) The customer may reproduce the software supplied insofar as this is necessary for the use of the software or for backup purposes. This includes in particular the installation of the software and the loading of the software into the main memory. The customer may not make any further copies. 

b) The customer may use the software on any hardware available to him. However, if the customer changes the hardware, he must delete the software from the mass memory of the hardware previously used. Simultaneous storage, keeping in stock or use on more than one hardware is not permitted. 

c) The use of the provided software within a network or another multi-station computer system is not permitted if this creates the possibility of simultaneous multiple use of the software. If the customer wishes to use the software within a network or other multi-station computer systems, he must prevent simultaneous multiple use by means of access protection mechanisms. 

3.a) The removal of a copy protection or similar protection mechanisms is only permissible if the trouble-free use of the software is impaired or prevented by this protection mechanism. The customer shall bear the burden of proof for the impairment or prevention of trouble-free usability by the protective mechanism.


b) Copyright notices, serial numbers and other features serving to identify the software may not be removed or changed. The same applies to the suppression of the screen display of corresponding features.

§ 5 CLAIMS IN THE EVENT OF DEFECTS 

If the customer is a consumer, he shall have the statutory claims in the event of a defect.  

If the customer is not a consumer, the following shall apply in addition: 
Subsequent performance shall be effected, at our option, by remedying the defect or by new delivery.  

§ 6 LIMITATION OF CLAIMS FOR DEFECTS AND COMPENSATION CLAIMS 

The statutory provisions shall apply.  

§ 7 FINAL PROVISIONS 
Should any provision of these terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions. 
We are willing to participate in dispute resolution procedures before a consumer arbitration board. 
 
The competent consumer arbitration board is: 
 
Extrajudicial dispute resolution body for consumers and entrepreneurs e. V. 
Gohliser Str. 6 
04105 Leipzig 
https://www.streitbeilegungsstelle.org/