Terms and Conditions
General Terms and Conditions of Business for Politepix UG (haftungsbeschränkt) for the Sale of Products from the Politepix Shop
1. Scope of Application and Rejection Clause
1. The General Terms and Conditions of Business below as most recently revised at the point in time of the specific order apply solely and exclusively to any and all legal relationships established between Politepix UG (haftungsbeschränkt) and its customers via the Politepix Shop.
2. The application of deviating general terms and conditions of business of the customer is hereby rejected.
2. Offers, Conclusion of Contract, and Order Process
1. The presentation of the merchandise on this Web site does not represent a legally binding offer; it is merely an invitation to place an order unless a binding assurance is expressly stated.
2. The Politepix products are explicitly not offered to companies or individuals producing SDKs, APIs or other software development tools unless express permission has been granted. This explicit reason shall not be construed to mean that there can be no other reasons for rejecting an order.
3. The placement of an order by a customer is the submission of a binding offer to Politepix UG (haftungsbeschränkt) to conclude a contract with the former. Politepix UG (haftungsbeschränkt) can accept this offer by sending an E-Mail order confirmation to the customer or by delivering the ordered merchandise. The confirmation of receipt of the customer’s order by the sending of an E-Mail to the E-Mail address designated by the customer (receipt confirmation) documents the receipt of his order and does not represent the acceptance of his offer. The contract is not effectively concluded until Politepix UG (haftungsbeschränkt) sends an E-Mail “order completed” notification to the customer and delivers the ordered merchandise. Politepix UG (haftungsbeschränkt) archives electronically the contract text of the order.
4. Give that all products will be provided exclusively in English and that they will not be usable by the purchaser without the ability to understand English, the authoritative language for the conclusion of the contract is English.
5. Should the product be one of the frameworks which is tied to a unique bundle ID, the bundle ID cannot be changed after placing the order. In light of the inability to change their bundle ID and the inability to return the product for a refund, customer asserts that they have evaluated the product before making this purchase and made sure that their chosen bundle ID is a valid bundle ID they will be able to use with Apple’s App Store.
6. Should the option to include bitcode in a framework be chosen, the customer acknowledges and understands that bitcode and its recompile-ability is only supported on a best-effort basis, due to the fact that Politepix exerts no control over and has no knowledge of how Apple recompiles bitcode, which architectures will be compiled, what the long-term strategic purpose of bitcode is for Apple, and will not receive any debugging information from Apple in the event of any problems. Given its lack of control over any element of this situation, Politepix can offer no warranty of any kind for results obtained with bitcode it ships. Due to the fact that Apple can change its acceptance criteria for bitcode at any time, it is also not possible to commit to continuing to provide bitcode segments, even if the bitcode option has been purchased in the past. Should an existing bitcode segment stop being accepted by Apple due to an internal criteria change by them, it may not always be possible to replace it with a framework with a new bitcode segment whose bitcode segment will be accepted by Apple, and purchaser must accept this risk.
7. Due to the variance in the accuracy, size and complexity of the acoustic models available for OpenEars, support for languages other than English is given on a best effort basis, meaning that it is the responsibility of the customer to thoroughly test language integrations to make sure they function satisfactorily in any plugin before making a purchase.
8. If the purchase is for enterprise store distribution rather than the App Store, it is necessary to purchase a license for each store in which the app will be distributed.
3. Performance and Delivery Obligation
1. If and when Politepix UG (haftungsbeschränkt) accepts the customer’s order, the delivery of the merchandise will be initiated within 48 hours.
2. Compliance with a delivery date is at all times subject to presence in the office and email access, i.e. delivery is not guaranteed over weekends or during holidays and may require as much as 48 hours during non-holiday weekdays. If it is not possible to deliver your product in this timeframe, Politepix UG (haftungsbeschränkt) is entitled to rescind the contract. The customer is not entitled to any damage compensation pursuant to such rescission.
3. The above provision applies mutatis mutandis in the event that force majeure or other events cause the delivery to become significantly more difficult or impossible and Politepix UG (haftungsbeschränkt) is not accountable for the events. Such events include, but are not limited to, fire, flooding, industrial action, operational disruptions, strike, and official orders which are unrelated to our operating risk. In the above-mentioned cases, the customer will be notified that the delivery is not possible, and any consideration which has already been submitted will be reimbursed immediately.
4. Prices and Terms and Conditions of Payment
1. The prices offered at the point in time of the offer as displayed on the Online Shop site are authoritative and complete.
2. All of the prices shown are final and complete with the exception of VAT, and VAT will be shown for EU customers in the checkout process once the customer has informed us of their location and preference to have or not have VAT zero-rated. At that point in the transaction prices will show the statutory German value-added tax (currently 19%) for purchases originating in the EU, unless a non-DE purchaser has an EU VAT ID and chooses to have their VAT zero-rated.
3. Politepix UG (haftungsbeschränkt) does not levy any value-added tax for shipments outside of Europe.
4. Insofar as Politepix UG (haftungsbeschrankt) does not ship any physical products, there are no shipping costs.
5. Politepix UG (haftungsbeschränkt) accepts payment by PayPal, including credit card payments via Paypal, and credit card payments via secure credit card gateway. Instructions for the debiting of PayPal accounts will be taken into account when the invoice is issued.
5. Right of Revocation
Given that the product is in the form of digital software frameworks for creation of a software application, and that the customer is therefore never a consumer according to the notion of consumer in EU law (citation: “Despite being phrased in different ways, the vast majority of the definitions of the notion of ‘consumer’ found in EU legislation include a common core. Accordingly, a consumer is a natural person, who is acting outside the scope of an economic activity (trade, business, craft, liberal profession).”), the purchase does not fall under the terms of the EU Consumer Rights Directive of June 2014. Accordingly, the purchase has no right of revocation because the information or digital data cannot be forgotten at will by the business that has received it, making return of the information or data impossible. By making a purchase at the Politepix Shop, The customer agrees that there is no Right of Revocation for information or data that has already been transferred and that such a purchase consequently cannot be returned for a refund. In the unusual case that the purchase has been in some respect made by a natural person operating purely in their interests as a consumer who is operating entirely outside the scope of an economic activity such as trade, business, the practice of the craft of software development, or one of the liberal professions, the standard EU consumer protection shall apply in that the consumer will have 14 days to return the product for a refund in the event they have never downloaded it. In accordance with the standard consumer protection law, a digital product purchased by a consumer cannot be returned once downloaded.
6. Warranty and Liability
• POLITEPIX UG (HAFTUNGSBESCHRAENKT) HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICES OFFERED AND MATERIALS/DELIVERABLES PROVIDED HEREUNDER. POLITEPIX UG (HAFTUNGSBESCHRAENKT) SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY AND TITLE, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT POLITEPIX UG (HAFTUNGSBESCHRAENKT) IS NOT A LEGAL FIRM AND DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE FREEDOM TO USE/OPERATE THE MATERIALS/DELIVERABLES HEREUNDER FREE FROM ALLEGATIONS OF INFRINGEMENT OR INFRINGEMENT. CUSTOMER MUST SEEK THE ADVICE OF INDEPENDENT LEGAL COUNSEL FOR SUCH ANALYSES. ALL SERVICES AND MATERIALS/DELIVERABLES ARE PROVIDED “AS IS.” POLITEPIX UG (HAFTUNGSBESCHRAENKT) SHALL NOT BE LIABLE FOR, AND HEREBY EXPRESSLY DISCLAIMS ANY LIABILITY FOR, ANY AND ALL LOST PROFITS, LOSS OF BUSINESS AND OTHER CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD-PARTY. IN NO EVENT SHALL POLITEPIX UG (HAFTUNGSBESCHRAENKT)’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION GIVEN FREE OF COST OR FOR PAYMENT VIA THIS WEBSITE, PRODUCTS PURCHASED OR DOWNLOADED FREE OF COST FROM THIS WEBSITE, THE SUBJECT MATTER HEREOF, OR THE PROVISION OF SERVICES HEREUNDER, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY CUSTOMER TO POLITEPIX UG (HAFTUNGSBESCHRAENKT) HEREUNDER.
• CUSTOMER AGREES, AT ITS SOLE EXPENSE, TO INDEMNIFY, HOLD HARMLESS, AND DEFEND POLITEPIX UG (HAFTUNGSBESCHRAENKT) FROM AND AGAINST ANY AND ALL DAMAGES, LOSSES (INCLUDING ATTORNEY’S FEES AND COURT COSTS), CLAIMS AND/OR LAWSUITS BY THIRD PARTIES AGAINST POLITEPIX UG (HAFTUNGSBESCHRAENKT), DIRECTLY OR INDIRECTLY SUFFERED BY POLITEPIX UG (HAFTUNGSBESCHRAENKT), ARISING FROM THE PERFORMANCE OF SERVICES OR THE MATERIALS/DELIVERABLES PROVIDED HEREUNDER.
Politepix reserves the right at any time after receipt of a demo or licensed framework order to accept or decline the order for any reason.
7. Data Protection
1. Customer data is collected solely within the scope of the processing of the contract. Legal provisions, in particular the German Telemedia Act (TMG) and the German Federal Data Protection Act (BDSG), are observed. The customer’s master and utilization data are collected, processed, or used solely to the extent required for the processing of the contractual relationship.
2. The customer’s data are not used for marketing, market research, or opinion survey purposes without the customer’s consent.
3. Customers can find additional information about the type, scope, location, and purpose of the collection, processing, and utilization of the personal data required for the execution of orders in the data protection statement at http://www.politepix.com/about
8. Prohibition of Assignments and Pledging
The assignment or pledging of the customer’s claims or rights against Politepix UG (haftungsbeschränkt) without Politepix UG (haftungsbeschränkt)’s consent is prohibited unless the customer can prove a legitimate interest in the assignment or pledging.
9. Proper Law and Venue
1. Proper law governing the contractual relationships between Politepix UG (haftungsbeschränkt) and the customer is the law of Germany. The mandatory consumer protection laws of the country in which the customer has his regular domicile are excepted from this stipulation of proper law. The application of the UN CISG is excluded.
2. Venue for any and all disputes arising from the contractual relationship between the customer and Politepix UG (haftungsbeschränkt) is Politepix UG (haftungsbeschränkt)’s registered office to the extent that the customer is a merchant, a legal entity under public law, or a special fund under public law.
If any provision of these General Terms and Conditions of Business should be invalid, the other Terms and Conditions shall not be affected.
All contact, tax and registration data for Politepix UG, as well as the data protection statement, can always be seen in its most up-to-date form at the Politepix UG Impressum at http://www.politepix.com/about
Specific terms and conditions for products available at the shop:
Product terms for support incidents (single and multiple):
The terms for support questions can be read here.