General
Terms and Conditions
for the purchase and use of digital products, software products, licence and service packages and supplementary services via WM Plugins.
Provider and contractual partner:
Witte Marketing
Owner: Werner Witte
Zangberger Str. 2
84539 Ampfing
Germany
Email: info@witte.marketing
Telephone: 08636 325499
hereinafter referred to as the “Provider”.
1. Scope
1.1 These General Terms and Conditions apply to all contracts between the Provider and its customers concerning digital products, software products, WordPress and WooCommerce plugins, licence and service packages, licence keys, downloads, updates, support services and other supplementary digital services.
They apply in particular to contracts concluded via the website wm-plugins.de, the online shop operated there, a customer account or by other electronic means.
1.2 A customer within the meaning of these General Terms and Conditions may be
- a consumer within the meaning of Section 13 BGB; or
- a business within the meaning of Section 14 BGB, a legal entity under public law or a special fund under public law.
Either of the above may be a customer.
1.3 A consumer is a natural person who enters into the contract predominantly for purposes that cannot be attributed to their commercial or self-employed professional activity.
1.4 A business is a natural or legal person or a partnership with legal capacity that, when entering into the contract, acts in the exercise of its commercial or self-employed professional activity.
1.5 Where individual provisions of these General Terms and Conditions apply exclusively to consumers or exclusively to businesses, this is expressly stated.
1.6 Unless otherwise stated in the respective product description, the offer is directed at customers whose residence or registered office is within the European Union.
1.7 In relation to businesses, any deviating, conflicting or supplementary general terms and conditions of the customer apply only if the Provider has expressly agreed to their application in text form.
2. Contract documents and order of precedence
2.1 The following may in particular form part of the contract:
- individual agreements;
- the respective order summary;
- order or purchase confirmations;
- product and service descriptions;
- licence and terms of use / EULA;
- these General Terms and Conditions;
- other contractual documents expressly incorporated.
2.2 The Provider’s licence and terms of use / EULA additionally apply to matters concerning software use, licence activation, licence servers, updates and support.
2.3 In the event of contradictions, individually agreed provisions take precedence over general contractual terms.
Product-specific provisions take precedence over more general provisions for the respective product.
2.4 Mandatory statutory provisions, in particular mandatory consumer protection provisions, and rights arising from applicable open-source licences remain unaffected.
3. Subject matter of the contract
3.1 The subject matter of the contract is the provision of the digital product ordered or the service agreed.
This may in particular include:
- WordPress plugins;
- WooCommerce plugins;
- software downloads;
- licence keys;
- activation services;
- licence server services;
- updates;
- automatic updates;
- support;
- documentation;
- customer account functions;
- other supplementary digital services.
3.2 The specific scope of services is determined by the product description applicable at the time of the order, the order summary, the EULA where applicable, and any other contractual documents expressly agreed.
3.3 Individual installation, setup, configuration, adaptation, programming, data migration, training, legal review, tax advice or any other individual service is owed only if this has been expressly agreed.
3.4 Screenshots, illustrations, demo data and other representations on the website are intended to illustrate the respective product.
Minor technical, design or functional deviations remain permissible provided that they do not impair the agreed contractual purpose and are reasonable for the customer.
3.5 Mandatory consumer rights in connection with digital products remain unaffected.
4. Technical requirements and third-party software
4.1 Use of the software may require certain technical prerequisites.
These may in particular include:
- a supported WordPress version;
- a supported WooCommerce version;
- a suitable PHP version;
- a compatible database;
- a suitable server or hosting environment;
- SSL encryption;
- cron functionality;
- email delivery;
- supported browsers;
- other required third-party software.
4.2 The technical requirements currently supported are specified in the product description or documentation.
4.3 The Provider does not owe unlimited compatibility with all present or future versions of WordPress, WooCommerce, PHP, themes, plugins, browsers or other third-party software.
Mandatory statutory rights, in particular statutory update obligations towards consumers, remain unaffected.
5. Conclusion of contract in the online shop
5.1 The presentation of products and services in the online shop does not generally constitute a legally binding offer by the Provider, but an invitation to the customer to place an order.
5.2 The customer can select products and place them in the shopping basket.
Before submitting the order, the customer can review and correct their entries or cancel the ordering process.
5.3 By clicking the order button provided at checkout, the customer submits a binding offer to enter into a contract for the products and services listed in the order summary.
5.4 The contract is concluded when the Provider
- expressly accepts the order;
- sends an order or purchase confirmation; or
- provides the customer with the ordered product, download, licence key or digital access,
whichever occurs first.
5.5 A purely technical confirmation that the order has been received does not in itself constitute acceptance unless its content indicates otherwise.
6. Consumer information
6.1 Before submitting their order, consumers receive the information required by law in a clear and comprehensible form.
6.2 Where relevant to the respective product, this includes in particular information about
- the essential characteristics of the product;
- the total price including taxes and other costs;
- payment and performance terms;
- the contract term;
- termination conditions;
- the functionality of digital products;
- technical protection measures;
- compatibility and interoperability;
- statutory rights in the event of defects;
- any existing right of withdrawal;
- the conditions for early expiry of the right of withdrawal.
6.3 The information required by law may be provided via the product page, checkout, withdrawal instructions and other information made available to the customer before conclusion of the contract.
7. Customer account
7.1 A customer account may be required to purchase or use certain products.
7.2 The customer is obliged to provide complete and accurate information.
7.3 The customer must adequately protect login credentials, licence keys and other access information not intended for the public against unauthorised access.
7.4 If there are specific indications that login credentials or licence keys are being used without authorisation, the customer must inform the Provider without undue delay.
8. Digital delivery
8.1 Digital products are provided electronically.
They may in particular be provided
- in the customer account;
- via a download link;
- by email;
- via a licence key;
- by enabling digital access.
8.2 No physical delivery takes place unless expressly agreed otherwise.
8.3 Provision may be withheld until payment has been successfully processed, insofar as permitted by law.
9. Prices
9.1 The prices stated in the online shop or in an individual offer at the time of the order apply.
9.2 For consumers, the total price payable is displayed including the statutory VAT due and any other price components that must mandatorily be included.
9.3 For businesses, VAT treatment is governed by the statutory provisions and by the business and tax information provided by the customer.
10. VAT and VAT ID for businesses
10.1 Providing a VAT identification number is not a prerequisite for being regarded as a business within the meaning of these General Terms and Conditions.
10.2 Businesses are responsible for the accuracy of their business details, billing address and, where applicable, VAT identification number.
10.3 For cross-border supplies within the European Union, the reverse-charge mechanism may apply in particular where the statutory requirements are met.
10.4 If it subsequently becomes apparent that tax-relevant information provided by the customer was incorrect or incomplete, invoices may be corrected in accordance with statutory provisions and amounts legally owed may be charged subsequently.
10.5 Information concerning tax treatment does not constitute individual tax advice.
11. Payment
11.1 Payment is due upon conclusion of the contract unless otherwise stated in the respective offer or at checkout.
11.2 The payment methods offered in the online shop are available.
11.3 The Provider may restrict individual payment methods for objective reasons.
11.4 Statutory rights in the event of late payment remain unaffected.
12. Invoices
12.1 Invoices are created and provided in accordance with the statutory requirements applicable at the relevant time.
12.2 Invoices may in particular be provided electronically
- via the customer account;
- by email; or
- in an electronic invoice format provided for by law.
by any of these means.
13. Software, EULA and open source
13.1 The Provider’s licence and terms of use / EULA additionally apply to software products.
13.2 Where the software or individual components are provided under the GNU General Public License or another open-source licence, the rights to use those components under copyright law are governed by the respective applicable open-source licence.
13.3 These General Terms and Conditions and the EULA do not restrict any rights arising directly from an applicable open-source licence.
13.4 Rights in the program code must be distinguished in particular from commercial services such as
- licence keys;
- activation services;
- licence servers;
- automatic updates;
- update access;
- support;
- customer account functions;
- certain downloads;
- documentation;
- other licence-related services.
14. Term
14.1 The term of a licence, update, support or service package is specified in the respective product description and order summary.
14.2 Where a time-limited commercial entitlement to updates or support has been agreed, that entitlement ends when the agreed term expires unless it is renewed.
14.3 Mandatory statutory obligations towards consumers, in particular statutory obligations to provide updates for digital products, remain unaffected.
15. Renewal and termination
15.1 Automatic renewal takes place only if this was expressly stated and agreed before the order was completed.
15.2 If no automatic renewal has been agreed, the time-dependent service ends when the agreed term expires.
15.3 Where consumer contracts are subject to specific statutory requirements concerning term, renewal, termination or an electronic termination option, those mandatory statutory provisions apply.
15.4 The right to terminate for good cause remains unaffected.
16. Updates
16.1 During a contractually agreed commercial update entitlement, the customer receives access to the updates provided by the Provider for the respective product.
16.2 Updates may in particular include:
- bug fixes;
- security adjustments;
- technical changes;
- compatibility adjustments;
- functional improvements;
- changes to existing functions;
- new functions.
16.3 Statutory consumer claims to updates required to maintain conformity of the digital product remain unaffected.
This may also include security updates where applicable.
16.4 The Provider will inform consumers about required updates in accordance with statutory provisions.
16.5 If a customer does not install an update that has been provided, the legal consequences are governed by the statutory provisions.
17. Changes to digital products
17.1 The Provider may technically develop products further within the framework of statutory and contractual requirements.
17.2 Changes may in particular be necessary due to
- technical developments;
- changes to WordPress or WooCommerce;
- security requirements;
- changes in law;
- changes to interfaces;
- necessary bug fixes.
17.3 In relation to consumers, changes to digital products supplied on a continuous basis are made only in compliance with the applicable statutory requirements.
17.4 Mandatory consumer rights to information, continued provision and termination remain unaffected.
18. Support
18.1 An entitlement to support exists only to the extent included in the support package purchased or offered.
18.2 Support may in particular include assistance with
- installation;
- activation;
- use;
- configuration;
- technical troubleshooting
of the Provider’s software.
18.3 Unless expressly agreed otherwise, regular support does not include
- custom programming;
- custom design adaptations;
- server administration;
- administration of third-party software;
- data migrations;
- data recovery;
- general website maintenance;
- legal advice;
- tax advice.
18.4 Analysis of possible conflicts with third-party plugins or themes may form part of troubleshooting.
There is no entitlement to modification or repair of the third-party software itself.
19. Customer obligations
19.1 The customer is obliged to use the products in accordance with the contract and applicable statutory provisions.
19.2 The customer is responsible for the technical environment under their control.
19.3 Before installation, updating or material changes, the customer should create appropriate backups of their website, database and other relevant data.
19.4 In the event of troubleshooting, the customer must cooperate to a reasonable extent and provide the information required.
20. Availability
20.1 The Provider endeavours to ensure reliable availability of the website, customer account, licence server and other online services.
20.2 Continuous and uninterrupted availability at all times is owed only if expressly agreed.
20.3 Temporary restrictions may in particular be caused by
- maintenance work;
- security measures;
- technical faults;
- disruptions affecting third-party providers;
- network outages;
- force majeure.
20.4 Mandatory statutory rights of the customer remain unaffected.
21. Statutory rights in the event of defects for consumers
21.1 Consumers are entitled to the statutory rights in the event of defects.
21.2 Consumer contracts concerning digital products are in particular subject to the statutory provisions on conformity of digital products, subsequent performance, updates, price reduction, termination of the contract and damages.
21.3 These statutory rights are not restricted by the term of a commercial licence, update or support package.
21.4 An additional guarantee exists only if it is expressly designated and granted as a guarantee.
22. Rights in the event of defects for businesses
22.1 In relation to businesses, the statutory rights in the event of defects apply unless an effective agreement to the contrary has been made.
22.2 If the customer is a merchant and the transaction constitutes a commercial transaction for both parties, statutory duties of inspection and notification of defects remain unaffected.
22.3 The customer should describe any errors that occur as clearly and reproducibly as possible and provide the information required for examination.
23. Liability
23.1 The Provider has unlimited liability
- in cases of intent and gross negligence;
- for damage arising from injury to life, limb or health;
- under the German Product Liability Act;
- to the extent of any expressly assumed guarantee;
- in other cases of mandatory statutory liability.
23.2 In the event of a slightly negligent breach of a material contractual obligation, the Provider is liable for the damage typical of the contract and foreseeable at the time the contract was concluded.
Material contractual obligations are obligations whose fulfilment is essential for the proper performance of the contract and on whose compliance the customer may regularly rely.
23.3 In all other respects, liability for slight negligence is excluded insofar as permitted by law.
23.4 Consumers’ statutory rights relating to liability are not restricted by these provisions beyond the extent permitted by law.
23.5 The above provisions apply accordingly for the benefit of the Provider’s legal representatives, employees, vicarious agents and other authorised persons.
24. Backups
24.1 The customer is responsible for appropriate backup of data that is exclusively within their own area of responsibility.
24.2 Where liability for data loss arises, any contributory negligence due to omitted or inadequate backups must be taken into account in accordance with statutory provisions.
25. Confidentiality
25.1 Confidential information that becomes known to the parties in connection with the contractual relationship must be treated with appropriate confidentiality.
25.2 This does not apply to information that
- is publicly known;
- was lawfully obtained from third parties;
- was already lawfully known to the receiving party; or
- must be disclosed due to statutory obligations.
26. Data protection
26.1 The Provider processes personal data in accordance with applicable data protection laws.
26.2 Further details are set out in the Provider’s privacy policy.
26.3 If processing on behalf of a controller is required as part of a separate service, a corresponding agreement will be concluded where required by law.
27. Right of withdrawal for consumers
27.1 Consumers generally have the statutory right of withdrawal in distance contracts unless a statutory exception applies or the right of withdrawal expires early in accordance with statutory provisions.
27.2 Further details are set out in the Provider’s separate withdrawal instructions.
27.3 Businesses are not granted a statutory consumer right of withdrawal.
28. Digital content and early expiry of the right of withdrawal
28.1 In the case of a contract for digital content that is not supplied on a tangible medium, a consumer’s right of withdrawal may expire early if the statutory requirements are met.
28.2 Where supply of the digital content is to begin before the withdrawal period has expired, the Provider will separately ask the consumer at checkout to make the declarations required by law.
28.3 Mere agreement to these General Terms and Conditions does not replace any separate express consent or confirmation required by law.
29. Refunds beyond statutory rights
29.1 Statutory rights of withdrawal, rights in the event of defects, price reduction, rescission and reimbursement remain unaffected.
29.2 Any returns, cancellations or refunds beyond these rights may be granted on the basis of a separate agreement or a voluntary goodwill decision.
29.3 An individual goodwill decision does not create an entitlement to comparable services in the future.
30. Changes to these Terms and Conditions
30.1 Amended General Terms and Conditions generally apply to future contracts.
30.2 For existing contractual relationships, amendments apply only insofar as they are validly agreed or there is a statutory basis for them.
30.3 Mandatory consumer rights cannot be restricted by amendments to these General Terms and Conditions.
31. Applicable law
31.1 The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
31.2 In relation to consumers, this choice of law applies only to the extent that 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.
32. Place of jurisdiction
32.1 The statutory rules on jurisdiction apply to consumers.
32.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany, the Provider’s registered office is the exclusive place of jurisdiction to the extent permitted by law.
33. Final provisions
33.1 The contractual language is German unless expressly agreed otherwise.
33.2 If any provision of these General Terms and Conditions is or becomes wholly or partly invalid, the validity of the remaining provisions remains unaffected.
33.3 The statutory provisions apply in place of any invalid provision.