General Terms and Conditions (GTC) of Cutvert GmbH for RevokeButton
1. Scope
(1) These General Terms and Conditions (GTC) apply to all contracts between Cutvert GmbH (hereinafter referred to as the “Provider”) and its customers for the use of the SaaS solution “RevokeButton” under the domain revoke-button.eu.
(2) The offer is intended exclusively for entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB). Consumers are excluded from using the service.
(3) Deviating terms and conditions of the customer shall not apply unless the Provider expressly agrees to their validity in writing.
2. Subject Matter of the Contract
(1) The Provider supplies the customer with software solutions, plugins and API interfaces for the technical integration of a withdrawal button pursuant to Section 356 (4) BGB into shop systems, marketplaces and other e-commerce platforms.
(2) Supported systems include, in particular, Shopware, WordPress/WooCommerce, Shopify and other systems and platforms offered by the Provider.
(3) The specific scope of services is determined by the current service description on the website revoke-button.eu.
(4) The Provider does not owe legal advice or a legal review of the customer’s online shop or business processes.
3. Conclusion of Contract
(1) The presentation of services on the website does not constitute a legally binding offer.
(2) By completing the order process, the customer submits a binding offer to conclude a contract.
(3) The contract is concluded upon successful payment and provision of access or software by the Provider.
4. Prices and Payment Terms
(1) The prices published on revoke-button.eu at the time of the order shall apply.
(2) All prices are net prices plus the applicable statutory VAT.
(3) Payment is made by subscription via the payment service providers made available by the Provider, in particular Stripe or PayPal.
(4) The Provider is entitled to make price changes for future contract periods. Price changes will be communicated to the customer at least 30 days before they take effect.
5. Term and Termination
(1) Depending on the selected tariff, the contract is concluded on a monthly or annual basis.
(2) The contract term is based on the license model booked by the customer.
(3) The contract is automatically renewed for the agreed term unless terminated with a notice period of 30 days to the end of the respective contract period.
(4) The right to terminate for good cause remains unaffected.
6. Rights of Use
(1) The customer receives a simple, non-exclusive, non-transferable and non-sublicensable right to use the booked software.
(2) Use is permitted exclusively for the booked shop or booked platform.
(3) Any transfer, rental, lease or other provision to third parties is prohibited.
7. Customer Obligations
(1) The customer is responsible for the lawful use of the software and for compliance with all statutory requirements applicable to its online offering.
(2) The customer must ensure that the technical requirements for using the software are met.
(3) Access credentials must be treated confidentially and protected against access by third parties.
8. Availability
(1) The Provider endeavors to ensure the highest possible availability of the services offered.
(2) No specific availability is guaranteed.
(3) Maintenance work, technical disruptions, force majeure or interventions by third parties may lead to temporary restrictions.
9. Liability and Warranty
(1) The software serves exclusively as technical support for implementing a withdrawal button.
(2) The Provider does not guarantee or assume liability that the use of the software fulfills legal requirements or protects against warnings, fines, official measures or other legal consequences.
(3) The customer remains solely responsible for the legal design of its shop, processes, legal texts and statutory obligations.
(4) The Provider is liable without limitation in cases of intent and gross negligence.
(5) In cases of simple negligence, the Provider is liable only for breaches of essential contractual obligations (cardinal obligations) and limited to the contract-typical foreseeable damage.
(6) Liability for lost profits, indirect damage, consequential damage, data loss or business interruptions is excluded to the extent permitted by law.
(7) Damages must be proven by the customer.
10. Blocking of Access
(1) The Provider is entitled to temporarily or permanently block the customer’s access if:
- there is a delay in payment,
- the software is used abusively,
- legal provisions are violated,
- security risks exist.
(2) Further claims of the Provider remain unaffected.
11. Reference Naming
The Provider is entitled to use the customer’s company name, brand and company logo as a reference for marketing and sales purposes, unless the customer expressly objects.
12. Advertising to Existing Customers
(1) The Provider is entitled to inform existing customers about its own products and services.
(2) This also applies to offers from Cutvert GmbH, Dopreto AG and the sole proprietorship Tobias Waschfeld, insofar as this is permissible within the statutory provisions.
(3) The customer may object to the use of its contact details for advertising purposes at any time.
13. Data Protection
(1) To the extent that personal data is processed, this is done in accordance with the applicable data protection laws.
(2) Where required, a data processing agreement (DPA) will be concluded between the parties.
(3) Further information can be found in the privacy policy on revoke-button.eu.
14. Place of Jurisdiction and Applicable Law
(1) The law of the Federal Republic of Germany shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) The exclusive place of jurisdiction for all disputes arising from or in connection with this contractual relationship is Würzburg, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.
15. Final Provisions
(1) Amendments and additions to these GTC must be made in text form.
(2) Should individual provisions of these GTC be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected.
(3) Instead of the invalid provision, the legally permissible provision that comes closest to the economic purpose of the invalid provision shall be deemed agreed.