Terms and Conditions
These Terms and Conditions (the “Terms”) apply to all orders and contracts for digital products and licenses concluded through the website klassifieds.webpremiere.de (the “Website”). The provider and contracting party is the operator named in the Website's imprint (the “Provider”, “we”).
1. Scope
These Terms, in the version valid at the time of the order, apply exclusively to the business relationship between the Provider and the customer.
Deviating terms of the customer are not recognised unless the Provider has expressly agreed to them in writing.
A customer within the meaning of these Terms is both a consumer and an entrepreneur. Consumer-specific provisions are marked accordingly.
2. Subject matter
The subject of the contract is the provision of the WordPress plugin “Klassifieds for WooCommerce” together with the associated licenses and digital services (updates and, where applicable, support). There is one plan with the full scope of features; the customer chooses only the term. Each license covers one website. Licenses from the former plans Basic, Plus and 10K include the same scope of features.
The specific scope of services and the term (monthly, yearly or as a lifetime license) result from the product description on the Website at the time of the order.
3. Conclusion of contract
The presentation of products on the Website does not constitute a legally binding offer but an invitation to place an order.
By submitting the order at checkout, the customer makes a binding offer to conclude a contract. The contract is concluded when the Provider accepts the order by confirmation via email or by providing the product.
4. Prices and payment
The prices stated on the Website at the time of the order apply. As a small business within the meaning of § 19 UStG, the Provider does not charge value-added tax; the stated prices are final prices.
Payment is processed via the payment service provider Stripe. Stripe's terms and privacy notices apply in addition.
For term-based plans (monthly/yearly), the fee is due at the start of the respective billing period. The contract renews for the selected term unless cancelled in due time.
5. Provision and license
After the contract has been concluded and payment received, the Provider makes the plugin or license key available to the customer for download or activation.
The Provider grants the customer a simple, non-exclusive and non-transferable right to use the software within the contractually agreed scope and for the duration of the license.
Passing on, reproduction for the purpose of distribution, rental or sublicensing to third parties is not permitted without the Provider's express consent.
6. Updates and support
The scope of updates and support follows the product description and is the same for every term. The Provider endeavours to keep the plugin compatible with current WordPress and WooCommerce versions but does not owe any particular update frequency unless expressly agreed.
7. Right of withdrawal for consumers
Consumers generally have a statutory right of withdrawal.
For contracts for the supply of digital content not delivered on a physical medium, the right of withdrawal expires once the Provider has begun performing the contract after the consumer has expressly consented to performance beginning before the end of the withdrawal period and has confirmed their awareness that this consent causes the loss of the right of withdrawal.
To exercise the withdrawal, a clear statement to the contact details given in the imprint is sufficient.
8. Warranty and defects
The statutory warranty rights apply. The Provider warrants that the software substantially corresponds to the product description when used as intended.
No warranty is given for uninterrupted and error-free availability or suitability for a purpose determined by the customer, unless expressly agreed.
9. Liability
The Provider is liable without limitation in cases of intent and gross negligence and for injury to life, body or health.
In cases of slight negligence, the Provider is liable only for the breach of a material contractual obligation (cardinal obligation), limited to the foreseeable damage typical for the contract.
Any further liability is excluded. Liability under the Product Liability Act remains unaffected.
10. Data protection
The Provider processes personal data exclusively within the framework of applicable data protection law (in particular the GDPR). Details of the processing are set out in the Website's privacy policy.
11. Auxiliary service of the plugin
The plugin “Klassifieds for WooCommerce” — in the free and the Pro edition alike — includes an optional auxiliary service (pinger.webpremiere.de) that the Provider operates free of charge. This section applies to every operator of a website who switches the service on in the plugin’s settings, even without an order placed through the Website.
The service requests the registered website’s wp-cron.php file at short intervals so that WordPress runs its scheduled work even without visitors. It is switched off by default and not required for the plugin to work. There is no entitlement to any particular availability or request frequency; the Provider may change or discontinue the service.
The operator can switch the service off at any time; the registration is then deleted immediately, as it is when the plugin is deactivated. Which data the service processes, and for how long, is set out in section 9 of the privacy policy.
Section 9 (Liability) applies to the service accordingly.
12. Final provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this choice of law applies only insofar as it does not deprive them of the protection granted by mandatory provisions of the state of their residence.
If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the Provider's registered office.
Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected.