General terms and conditions and customer information

Section 1 Scope

(1) These general terms and conditions (hereinafter: the “terms”) of notivia GmbH (iso-easy), Am Hohengeren 2, 70188 Stuttgart, Germany (hereinafter: notivia, iso-easy or the provider) apply to all contracts concluded with you as our customer via our website iso-easy.de. notivia and the customer are together referred to as the “parties”.

(2) The business relationship between the provider and the customer is governed exclusively by the following general terms and conditions in the version valid at the time of the order. Differing general terms and conditions of the customer are not recognised unless the provider expressly agrees to their application in writing.

(3) The customer is a consumer in so far as the purpose of the deliveries and services ordered cannot predominantly be attributed to their commercial or self-employed professional activity. A trader, by contrast, is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or self-employed professional activity. These terms apply irrespective of whether you are a consumer, a trader or a merchant.

(4) The customer warrants that they are of full age and have unrestricted legal capacity and that, where they act as a representative, they have the corresponding power of representation.

(5) If a payment method offered by PayPal is selected, payment is processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal terms of use (available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full) or — if the customer does not have a PayPal account — subject to the terms for payments without a PayPal account (available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full).
If the customer pays using a payment method offered by PayPal and selectable in the online ordering process, the provider hereby declares acceptance of the customer’s offer at the moment the customer clicks the button that completes the ordering process.
For payment processing via Google Pay or Apple Pay, their respective general terms and conditions apply accordingly.

Section 2 Conclusion and subject matter of the contract

(1) The presentation and promotion of items and services in our online shop and on our website do not constitute a binding offer to conclude a contract of sale.

(2) By submitting an order through the online shop, by clicking the button “order with obligation to pay” or via PayPal Express, you place a legally binding order. You are bound by the order for two (2) weeks after placing it; any right to withdraw from your order that you may have under Section 3 remains unaffected.

(3) We will confirm receipt of the order you have placed through our online shop without delay by e-mail. Such an e-mail does not yet constitute binding acceptance of the order, unless it declares acceptance alongside the confirmation of receipt.

(4) A contract only comes into existence once we accept your order, either by a declaration of acceptance or by supplying or performing the products or services ordered.

(5) Should performance of the service you have ordered or supply of the product not be possible, for example because the product or service in question is not available, we will refrain from declaring acceptance. In that case no contract comes into existence. We will inform you of this without delay and promptly refund any consideration already received.

(6) The processing of the order and the transmission of all information required in connection with the conclusion of the contract take place by e-mail, in part automatically. You must therefore ensure that the e-mail address you have given us is correct, that receipt of the e-mails is technically assured and, in particular, that it is not prevented by spam filters.

(7) The contract is concluded in the German language.

(8) The subject matter of the contract is the sale of digital products and the provision of services — including the supply of software or other digital content — where applicable also by way of continuous supply (hereinafter the “subscription contract”). Under a subscription contract the provider undertakes to supply or perform the contractually owed service or product for the customer for the duration of the agreed contract term and at the contractually owed intervals. The details, in particular the main characteristics of the respective service or digital content, can be found in the item description and in the supplementary information on the iso-easy website.

Section 3 Right of withdrawal for consumers in distance contracts

(1) If you are a consumer (that is, a natural person placing the order for a purpose that cannot be attributed to your commercial or self-employed professional activity), you have a right of withdrawal in accordance with the statutory provisions.

(2) If, as a consumer, you exercise your right of withdrawal under paragraph 1, you have to bear the regular cost of returning the goods.

(3) In all other respects, the right of withdrawal is governed by the rules set out as follows:

Notice of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within fourteen (14) days without giving any reason.

The withdrawal period is fourteen (14) days from the day on which the contract is concluded.

To exercise your right of withdrawal, you must inform us (notivia GmbH, Am Hohengeren 2, 70188 Stuttgart, Germany, e-mail: service@iso-easy.de) of your decision to withdraw from this contract by an unequivocal written statement (e. g. a letter sent by post or an e-mail). You may use the model withdrawal form for this purpose, but it is not obligatory. You may use the model withdrawal form on our website https://iso-easy.de/en/right-of-withdrawal/ or fill in and submit any other unequivocal statement.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including any costs of delivery, without undue delay and in any event not later than fourteen (14) days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

— End of the notice of withdrawal —

(4) There is no right of withdrawal in distance contracts for the supply of products made to the customer’s specifications or clearly tailored to personal requirements. The right of withdrawal also expires where the provider only began performing the contract after you, as a consumer, had given your express consent and had at the same time confirmed that you lose your right of withdrawal once performance of the contract begins.

Model withdrawal form
(Complete and return this form only if you wish to withdraw from the contract.)

• To notivia GmbH, Am Hohengeren 2, 70188 Stuttgart, Germany, e-mail: service@iso-easy.de:
• I/We (*) hereby give notice that I/We (*) withdraw from my/our contract of sale of the following goods (*)/for the provision of the following service (*)
• Ordered on (*)/received on (*)
• Name of consumer(s)
• Address of consumer(s)
• Signature of consumer(s) (only if this form is notified on paper)
• Date

(*) Delete as appropriate.

Section 4 Registration and user account; guest account

(1) In order for the customer to purchase software and services from notivia, a user account must be set up by registering with the customer’s e-mail address, first and last name, a billing address and a personal password. Registration is free of charge. To activate the user account, a final click on the link in the confirmation e-mail is required, which the customer receives after completing and submitting the online registration form.

(2) The customer ensures that third parties do not have access to their user account. They must not pass on personal access credentials to third parties and must keep them protected against access by third parties. As soon as the customer suspects that third parties could gain access to their user account, they must change the access credentials without delay.

(3) Where the customer’s personal details change, the customer is responsible for updating them. All changes can be made online in the user account after logging in, under the menu item “Personal profile”. Transfer of the user account to third parties is excluded.

(4) By registering as a user or customer on iso-easy.de you agree to be informed regularly by notivia, by e-mail, about product news and special offers. This consent also covers invitations to review the shop or the products; your data is not passed on to third parties. You may object to this consent in writing at any time.

(5) Alternatively, the customer may purchase software and services on iso-easy.de as a guest, without creating a user account.

Section 5 Conclusion of the contract for services (non-download products)

(1) The product and service descriptions published by iso-easy on the internet are non-binding and do not constitute a binding offer to conclude a contract.

(2) The customer may submit a binding offer to purchase (an order) online, in particular by:

• placing the items they wish to buy in the “basket”, where changes can be made at any time;
• after opening the “Proceed to checkout” page, creating a user account as a new customer or logging in with their credentials as an already registered customer;
• after entering their personal details or logging in and selecting the payment terms, checking all order details once more on the order summary page and submitting the order via the “order with obligation to pay” button.

The customer then first receives an automatic order confirmation by e-mail, which does not yet conclude the contract.

(3) The offer is accepted, and the contract thereby concluded, within two (2) days by a confirmation in text form (e. g. e-mail) in which iso-easy confirms to the customer the execution of the order or the provision of the service or product (order confirmation).

Section 6 Conclusion of the contract for download products

(1) For software products that are made available to the customer exclusively by download, iso-easy makes a binding offer to conclude a contract of sale on the terms stated in the product description as soon as the respective item is published on its website.

(2) Contracts of sale (including subscription contracts) for download products come into existence as follows:

• the download products intended for purchase or subscription are placed in the “basket” and can be changed there at any time;
• after opening the “Proceed to checkout” page, the customer enters the required personal details (as a new customer) or logs in as an existing customer and selects the desired payment method;
• finally, all order details are shown on the order summary page. The customer can check all details and change them if necessary and then submits the order via the “order now with obligation to pay” button, whereupon the contract of sale comes into existence immediately.

(3) Order processing and the transmission of all information required in connection with the conclusion of the contract usually take place automatically by e-mail. The customer must therefore ensure that the e-mail address they have given iso-easy is correct, that receipt of the e-mails is technically assured and, in particular, that it is not prevented by spam filters.

Section 7 Conclusion of the contract for software subscriptions

(1) Software subscriptions are marked as such. Unless a product is expressly marked as a “subscription” or “software subscription”, it is not a subscription but a one-off order. Where the product is marked as a “download“, the software subscription is delivered exclusively as a download. Under a concluded subscription the customer receives an order confirmation and subsequently the acceptance of the contract in the form of the delivery confirmation. The latter contains information on how the product is made available in the user account.

(2) You may withdraw from the subscription within the general withdrawal rules of iso-easy. Further information is available at https://iso-easy.de/en/right-of-withdrawal/. Once the withdrawal period has expired, the software subscription is excluded from withdrawal. The running contract can then only be ended by termination.

(3) Where a minimum contract term has been agreed, the subscription is extended by that minimum term, or by any other period stated, unless it is terminated beforehand. Unless communicated otherwise, subscriptions have a minimum contract term of 365 days from the start of the contract. Once the notice period (paragraph 4) has expired, the subscription term is automatically extended by a further 365 days, unless described otherwise. This continues until either the customer or iso-easy terminates the subscription contract in due time before the agreed term expires. When a subscription is extended or a version is changed, it may become necessary to download the software again and/or to reinstall it and to enter a serial number again. If product defects occur, the statutory warranty periods apply.

(4) Termination is possible at any time up to 30 days before the end of the subscription term. It takes effect at the end of the subscription term. Extraordinary termination for good cause remains unaffected. Termination requires the termination form for each subscription to be submitted in the user account (sub-item “Subscriptions”). What matters for meeting the notice period is the date of receipt at iso-easy.

(5) The prices shown are final prices including the applicable statutory value added tax. The price offered relates only to the billing period communicated with the product (also called the cycle), as a rule the first 12 months of the subscription and annually thereafter. The price for a software subscription becomes due on receipt of the delivery confirmation. No further costs arise for updates and version changes within the subscription term. In the event of automatic extension, iso-easy issues the customer an invoice for the current offer price for the extended subscription term. There is no entitlement to discounts granted in previous billing periods. iso-easy is entitled to change the prices. Changes are communicated to the customer by e-mail. In the event of price increases, the customer has a special right of termination. The special right of termination may be exercised within a period of fourteen (14) days.

Section 8 Prices and shipping costs

(1) All prices stated in our online shop are gross prices including statutory value added tax. As our services and products are delivered digitally or as a service, no shipping costs arise.

Section 9 Terms of payment, set-off and right of retention

(1) The purchase price must be paid no later than two (2) weeks after receipt of our invoice.

(2) In our online shop you may pay the purchase price, as you choose, by PayPal, Google Pay, Apple Pay, credit card, debit card (Maestro) or SEPA direct debit. With these payment methods the purchase price falls due immediately upon conclusion of the contract, so that the invoice amount is debited immediately after the order is completed.

(3) You are not entitled to set off claims against our claims unless your counterclaims have been established by a final court decision or are undisputed. You are also entitled to set off against our claims where you assert notices of defects or counterclaims arising from the same contract of sale.

(4) As a buyer you may only exercise a right of retention if your counterclaim arises from the same contract of sale.

Section 10 Retention of title

(1) The goods delivered remain our property until the purchase price has been paid in full.

(2) Before title passes, pledging, transfer by way of security, processing or alteration is not permitted without the consent of iso-easy.

Section 11 Warranty

(1) For the duration of the statutory warranty period, iso-easy warrants that the functioning of the software and digital content offered substantially corresponds to the respective specification.

(2) iso-easy does not warrant that the software, digital content or services meet the customer’s requirements. iso-easy gives no warranty for technical details or for the suitability of the software or content for a particular purpose, unless the specification expressly provides otherwise. Properties laid down in specifications or documentation do not constitute guarantees unless they are expressly designated as such.

(3) In a warranty case, iso-easy will remedy defects in the software or digital content at its own choice by fixing the error, providing a replacement, updates or, where appropriate, a new version. iso-easy is entitled to two attempts at subsequent performance. If iso-easy does not succeed in remedying the defect within a reasonable period, the customer is entitled to a reduction of the remuneration. Where the defect is material, the customer may instead also rescind the contract.

(4) The customer has no warranty claims where they use software or digital content other than as intended or abusively, or where they modify or alter the software or content without the prior written consent of iso-easy, or where problems or errors are due to the software having been used with programs that are not compatible with it, unless the customer proves that the defect is attributable to the software or digital content.

(5) Where the customer has a warranty claim for damages or for reimbursement of futile expenditure, that claim is subject to the limitation of liability set out below.

Section 12 Liability

(1) iso-easy is not liable for damage, delays or impediments to performance that lie outside the responsibility of iso-easy.

(2) iso-easy is not liable for damage attributable to unsuitable, improper or unintended use of the software, digital content or services.

(3) Whatever the legal grounds, iso-easy is liable only for damage caused intentionally or by gross negligence, or for culpably caused damage arising from injury to life, body or health, or for culpable breach of a material contractual obligation or a cardinal obligation, or in the event of non-fulfilment of a guarantee, or where a defect was fraudulently concealed by iso-easy. A “cardinal obligation” within the meaning of this provision is an obligation of iso-easy the fulfilment of which first makes the proper performance of the contractual relationship between the parties possible, the breach of which jeopardises the achievement of the purpose of the contract, and on whose observance the customer regularly relies.

(4) In the event of a breach of a material contractual obligation or a cardinal obligation attributable to simple negligence, the liability of iso-easy is limited to the typically foreseeable damage.

(5) Any further liability of iso-easy is excluded. Liability under the German Product Liability Act remains unaffected by these terms.

Section 13 Copyright, licence of use

(1) The software offered by iso-easy and the digital content provided (e.g. documents) are protected by copyright.

(2) The provider grants the customer a non-exclusive right of use, unlimited in time, in the software and digital content supplied. This right entitles the customer to use the software or content as intended. Unless stated otherwise in the product description, the software and content may be used only for the customer’s own purposes.

(3) The customer is prohibited in particular from reproducing, renting, leasing, translating, adapting or otherwise altering, sub-licensing, or communicating to the public by wire or wireless means the software or digital content in whole or in part, including making it available to the public in such a way that members of the public may access it from a place and at a time individually chosen by them.

(4) The licence granted to the customer is not transferable.

(5) The use of images, films and texts from the iso-easy online shop is not permitted without our express consent.

Section 14 Applicable law, place of jurisdiction and dispute resolution

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you placed the order as a consumer and, at the time of your order, had your habitual residence in another country, the application of mandatory provisions of the law of that country remains unaffected by the choice of law made in sentence 1.

(2) Where the customer is a merchant, a legal person under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.

(3) Dispute resolution: the European Commission has set up an internet platform for the online resolution of disputes. The platform serves as a point of contact for the out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. Further information is available at the following link: https://ec.europa.eu/consumers/odr. We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.

Section 15 Final provisions, data protection

(1) The text of the contract can be downloaded and saved.

(2) We collect, process and use your personal data, in particular your contact details for processing your order, including your e-mail address if you provide it to us. This is done for the purpose of performing the contract (Art. 6(1)(b) GDPR). As regards data protection, our privacy information applies. You can view it on our website.

(3) In so far as notivia processes personal data on behalf of the customer in the course of using the iso-easy ISMS platform, the data processing agreement under Art. 28 GDPR of notivia GmbH applies, available at iso-easy.de/en/data-processing-agreement. The customer concludes it when ordering or in their customer account; an individually signed agreement takes precedence.