Terms and Conditions
This is an English translation for your convenience. The contract is concluded in German; in the event of any discrepancy, the German version prevails.
1. Scope
1.1 These Terms and Conditions (the ‘Terms’) of Olaf Kükelheim (‘we/us’) apply to your use, as a consumer or as a trader (‘you’), of the software ‘Visual Page Editor’ (the ‘Software’).
1.2 You are a consumer within the meaning of these Terms (section 13 of the German Civil Code, BGB) if you enter into a legal transaction for purposes that are predominantly outside your trade, business or profession.
1.3 You are a trader within the meaning of these Terms (section 14 BGB) if you are a natural or legal person or a partnership with legal capacity acting, when entering into a legal transaction, in the exercise of your trade, business or profession.
2. Download, trial and purchase via the App Store
2.1 Nothing is sold on this website. Download and purchase take place exclusively via Apple’s App Store (Mac and iPad).
2.2 Downloading the Software is free of charge. The Software can be tested without a time limit; without a purchase, only the export of the finished website is unavailable.
2.3 The export (full version) is unlocked by an in-app purchase on the App Store. Purchase, payment and invoicing are handled by Apple and are subject to the Apple Media Services Terms and Conditions: apple.com/legal/internet-services/itunes. The price is shown in the App Store.
3. Right of withdrawal
For purchases on the App Store, the right of withdrawal applies in relation to Apple and is exercised with Apple: support.apple.com/en-gb/118223. Further details in our withdrawal policy.
4. Earlier direct purchases
Contracts concluded directly via this website before the switch to the Mac App Store remain subject to the terms in force at the time of purchase. Licence keys issued remain valid.
5. Rights of use
5.1 We grant you the non-exclusive right to use the Software for private as well as commercial purposes. The websites you create with the Software belong to you.
5.2 Passing the Software on to third parties, or making copies for third parties outside the scope of these Terms and the App Store terms, is not permitted.
6. Third-party trade marks in the websites you create
6.1 The software contains icons (logos) of third-party services, such as social networks, so that you can link to your own profiles with those services. The rights in these signs belong exclusively to their respective proprietors. We acquire no rights in them and grant you none.
6.2 You may use these icons only in order to link to your own profile with the service concerned, and only within the scope of the proprietor’s applicable trade mark and brand guidelines. The software links to those guidelines where the proprietor publishes them; for services without published guidelines, you must satisfy yourself that your use is permitted.
6.3 In particular, it is not permitted to alter the signs, to incorporate them into your own logo, or to use them in such a way as to create the impression of a partnership with, endorsement by, or affiliation to the service concerned.
6.4 You are responsible for compliance with these guidelines on the websites you create. You shall indemnify us against claims by third parties based on a breach of these obligations, to the extent that you are responsible for the breach.
7. Liability for defects
The statutory rules on liability for defects apply.
8. Applicable law
All legal relationships between us are governed by the law of the Federal Republic of Germany, to the exclusion of the laws on the international sale of movable goods. If you are acting as a consumer, this choice of law applies only in so far as it does not deprive you of the protection afforded by mandatory provisions of the law of the state in which you have your habitual residence.
9. Alternative dispute resolution
We are neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration board.