1. Scope of these General Terms and Conditions
These General Terms of Business and Delivery apply to all the products, deliveries and services listed on this website, which is the online presence of Acolada GmbH, Wallensteinstrasse 61-63, 90431 Nuremberg, Germany.
2. Ordering on the Internet
Our range comprises software products with digital content (downloads) and services (subscriptions). You can take your time to browse through our range. If you discover something that interests you, place the download product or the subscription in your virtual shopping cart. To do this, click on the “Add to cart” button shown next to the product. You can, of course, remove products from your cart again at any time.
You can start the order process by clicking on the “Cart” button at the top right. You can then see the products that you have placed in your shopping cart. Here, you have the possibility to remove products from your shopping cart again.
To continue with the order process, click on the “Proceed to checkout” button. Here you are provided with an overview of all the products that you have placed in the shopping cart, as well as all other costs that are incurred in relation to your order.
You can correct your information in every step of the order process before you send your order by clicking on the “Order and pay” button. You can navigate to the individual steps of the order process by clicking on the “Back to step X” or “Continue with step Y” buttons.
To change or delete the order quantity, overwrite the amount stated in the applicable field, and then click on “Update cart”.
By clicking on the “Order and pay” button, your order is placed and forwarded to us. By placing your order, you make a binding declaration that you wish to purchase the goods.
3. Conclusion of contract
By placing an order, you are concluding a contract with Acolada GmbH.
You will immediately be informed of receipt of your order by an “order confirmation” e-mail. This order confirmation is created automatically and does not represent acceptance of the contract.
The contract shall be deemed as concluded when you click on the order button and
- for downloads: when we provide the download
- for subscriptions: when we provide online access
You will be provided with these without delay; at the latest, however, 3 days after we have received your order.
The text of the contract, including your order is saved by us and, upon request, will be sent to you together with our General Terms and Conditions.
German is the language available for conclusion of the contract.
4. Reservation of non-availability
We reserve the right to refrain from executing your order if the ordered title is not available. In the event of this, we will inform you of the item being unavailable without delay, and refund you the purchase price, if already paid, immediately.
5. Payment
The purchase price is due, without deduction, within 30 days of invoicing.
You can pay by credit card or bank transfer.
All prices are subject to the addition of statutory VAT.
6. Retention of title
The delivered goods remain the property of Acolada GmbH until the claim for the purchase price has been met in full by the purchaser.
7. Cancellation policy
You have the right to withdraw from the contract within fourteen days, without stipulating any reasons.
The withdrawal period is fourteen days from the day on which you received the download data or, for an online subscription, you received the access data.
To exercise your right to withdrawal, you must inform us (Acolada GmbH, Wallensteinstrasse 61-63, 90431 Nuremberg, Germany, telephone number: +49 (0)911 / 3766 75 0, fax number: +49 (0)911 / 3766 75 29, e-mail address: info@acolada.de) of your decision to withdraw from this contract, by means of a clear declaration (e.g. post, fax, e-mail).
You can use the attached withdrawal form template for this, but this is not mandatory. If you send the notification that you are exercising your right to withdraw before the deadline for withdrawal expires, this is deemed sufficient to comply with the withdrawal deadline.
Consequences of withdrawal
If you withdraw from this contract, we must pay back any payments we have received from you, without delay and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract. Under no circumstances will you be charged fees for this refund.
You can find a withdrawal form template here
8. Copyright for digital content
Digital content is protected under copyright law. We do not transfer any property rights to you in this regard. You are granted the non-exclusive, non-transferable right to use the offered digital content exclusively for personal use in accordance with copyright legislation, in the respective manner and form offered.
For download products, you are permitted to download digital content including the download software, and to copy this onto your own end devices of choice exclusively for personal use.
For subscriptions, you are permitted to use digital content on our servers on the Internet using the access data provided by us.
Furthermore, it is not permitted to change digital content in any way, either in terms of content or editorially, or to use modified versions, to copy it for third parties, make it publicly accessible or to forward it on, to place it on the Internet or in other networks for payment or for free, to replicate it, print it out, resell it or use it for commercial purposes.
9. Additional rules for online subscriptions
If the customer purchases a dictionary subscription, then Acolada GmbH provides the licensed dictionaries for use on a server during the term of the contract. Access is provided via the Internet. Acolada GmbH provides a user ID and a password to the customer for this access. Both of these can be changed if the customer so wishes.
The customer is not entitled to access the licensed dictionaries with computer programs which perform automated searches or which allow the evaluation of the search results either of the keyword lists or of the complete entries.
Access is fundamentally available round the clock, but it may be interrupted due to necessary maintenance or unforeseen repair work on the server/the communication infrastructure for the duration of the maintenance or repair work. Such work is in general to be carried out on workdays from 8 p.m. to midnight or at weekends.
The contract for a subscription is concluded for an indefinite period. It can be properly cancelled to the end of a calendar year by giving one month’s notice. Both contractual parties may exercise the right, however, to terminate the contract without prior notice with good cause. Notices of termination must always be made in writing. If the termination is being made with good cause, this must be justified in writing with receipt of the termination at the latest.
Serious and sustained violations of the provisions of this contract by a party constitute good cause. For Acolada GmbH good cause is deemed to apply when the customer is at least four weeks in arrears with their payment obligations. For the customer, good cause is especially deemed to apply when Acolada GmbH cannot meet its obligations stated above.
10. Limitation of liability
Acolada GmbH shall be liable in cases of intent and gross negligence in accordance with statutory provisions. In cases of slight negligence, Acolada GmbH shall only be liable if an obligation that is essential to the proper execution of the contract is violated, if such violation endangers the achievement of the contract’s purpose and if the contract partner regularly relies on Acolada GmbH’s adherence to this obligation (cardinal duty) – or else in the case of default or impossibility of performance. In the event of liability due to slight negligence, the liability shall be restricted to those damages that are foreseeable and/or typical. Liability for the absence of warranted characteristics through intent to deceive, for personal injury, and for defects in title under the German Product Liability Law (Produkthaftungsgesetz) and the German Federal Data Protection Act (Bundesdatenschutzgesetz) shall remain unaffected.
In the event that a warranty or liability claim is lodged against Acolada GmbH, any contributory negligence on the part of the customer shall be taken into account as appropriate, particularly where reports of malfunctions were inadequate or steps taken to secure data were insufficient. Steps taken to secure data shall be deemed insufficient if the customer has, in particular, neglected to make suitable provision through the use of state-of-the-art security measures against external influences – specifically computer viruses and other phenomena – which could jeopardise individual pieces of data or entire data sets.
11. Warranty
The statutory rights regarding liability for defects apply.
12. Additional warranty rules in respect of software
The customer shall examine the product software immediately after delivery and shall inform Acolada GmbH in writing of any obvious faults without delay.
Acolada GmbH warrants that the software substantially corresponds in terms of functionality with the program description in the accompanying documents for a period of two years from the date of delivery.
Should a defect occur, the defect and the form in which it appears should be described as accurately as possible in a written complaint, so that an inspection of the defect is possible (e.g. submission of error messages) and that an error of use can be ruled out (e.g. provision of details of the steps taken when using the programme).
No liability shall be assumed with regard to the suitability of the software for the customer’s objectives and its compatibility with the user's existing software.
13. Dispute resolution
Since 15 February 2016, the EU Commission has provided a platform for extrajudicial dispute resolution. This provides consumers with the option of settling disputes in connection with online orders, without taking this to a court in the first instance. The dispute resolution platform can be accessed via the following external link: https://ec.europa.eu/consumers/odr/. In this regard, we are legally obligated to notify you of our e-mail address. It is: info@acolada.de.
We do not participate in any dispute resolution processes before a consumer arbitration board.
14. Place of jurisdiction
Where the buyer is a trader or legal entity under public law, the sole place of jurisdiction for all disputes arising from the contractual relationship is the court that is responsible for our head office in Nuremberg.
15. Miscellaneous
If individual provisions within these General Terms and Conditions are or become partially or wholly invalid or unenforceable, this shall not affect the validity and enforceability of the remaining provisions. Instead, the invalid provision shall be replaced by that provision which most closely approximates the intent of the original
No ancillary agreements have been made. Any supplements or changes to the contract must be made in written form and shall only become effective once they have been confirmed in writing. This shall also apply to the suspension of this clause.
The customer may only assign the rights accruing to them from their business relationship with Acolada GmbH upon the written consent of Acolada GmbH. The customer may only offset against the purchase price with counterclaims that are recognised or found legally valid.