General Terms and Conditions of CAD Deutschland CDIC GmbH
§ 1 General
These terms and conditions apply to all contracts and other services of CAD Deutschland CDIC GmbH, Rheingaustraße 88, 65203 Wiesbaden (hereinafter: "CAD Deutschland CDIC"), with its customers regarding the sale of software as a download including accessories and upgrades as well as the booking of training courses via the online shop https://cadshop.de. Deviating provisions of the customers do not apply unless CAD Deutschland CDIC has expressly confirmed this in writing. For reasons of practicality, the simultaneous use of female, male and diverse language forms is omitted below and the generic masculine is used. All personal designations apply to all genders.
The business relationships between CAD Deutschland CDIC and the customers are subject to the law of the Federal Republic of Germany. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn. The application of UN sales law is excluded.
The place of jurisdiction is Wiesbaden, insofar as the customer is a merchant, a legal entity under public law or a special fund under public law. The same applies if a customer does not have a general place of jurisdiction in Germany or if the place of residence or habitual residence is not known at the time the action is brought.
Individual agreements made with the customer (including side agreements, supplements and amendments) always take precedence over these terms and conditions.
The contract language is German.
Customers who are consumers have the option of using alternative dispute resolution. The following link from the EU Commission (also called the OS platform) contains information on online dispute resolution and serves as a central point of contact for the out-of-court settlement of disputes arising from online service contracts: http://ec.europa.eu/consumers/odr.
Information obligation according to the Consumer Dispute Resolution Act (§ 36 VSBG): CAD Deutschland CDIC is neither willing nor obliged to participate in further dispute resolution proceedings before a consumer arbitration board.
§ 2 Services of CAD Deutschland CDIC
CAD Deutschland CDIC is a software distributor in Germany and offers its customers various software licences, software upgrades, access to video courses and online training as well as a premium service hotline for purchase in the online shop https://cadshop.de. The offers are aimed exclusively at customers from the Federal Republic of Germany and Switzerland.
§ 3 Registration
Customers have the option to register on the website before placing a binding order. Registration is not mandatory for placing an order.
Registration is carried out by opening a user account, whereby the respective customer must accept these General Terms and Conditions. The respective customer must provide their email address and a password as well as their full name and address. The customer can voluntarily provide their telephone number.
The customer will receive an email from CAD Deutschland CDIC with a link to confirm the registration. A registration that is not completed by the user within one week by clicking on the link in the confirmation email can be deleted by CAD Deutschland CDIC. With the confirmation of the registration by the customer, a contract for the use of the website is concluded between CAD Deutschland CDIC and the customer. CAD Deutschland CDIC confirms the conclusion of this user contract to the user by email and sends them the General Terms and Conditions.
Until the registration process is completed, a customer can correct their entries directly in the relevant input fields using the usual keyboard, mouse and touchscreen functions. Communication between CAD Deutschland CDIC and the customer takes place via the specified email address. The data requested by CAD Deutschland CDIC must be provided correctly. If the data changes subsequently, the customer is obliged to correct the information immediately.
Access to the customer account may not be passed on to third parties.
A prerequisite for registration is that the customer has full legal capacity. There is no entitlement to the conclusion of the user contract.
§ 4 Conclusion of contract
The offer in the online shop constitutes a legally binding offer to conclude a contract.
The contract for the purchase or rental of the software, participation in training courses and, if applicable, supplementary services is concluded by the customer's acceptance of the offer shown in the online shop. Before submitting their binding declaration of acceptance by clicking the "order with obligation to pay" button, the customer can continuously correct all entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the order is submitted and can also be corrected there using the usual keyboard and mouse or, if applicable, touchscreen functions. Receipt of the order and thus the conclusion of the contract will be confirmed to the customer by email.
The customer can print out the contract text before placing the order in the online ordering system by using the print function of their browser in the last step of the order. Otherwise, the contract text is not stored by CAD Deutschland CDIC after the conclusion of the contract in the online booking system and is therefore not accessible.
§ 5 Scope of the licence, "Maintenance Contract"
With the confirmation email, the customer receives a download link for the software in the current version when purchasing or renting a software licence. The software is already equipped with a licence key valid for up to 30 days, which allows the software to be used free of charge for up to 30 days. With the activation of the purchased licence key, the free access ends and the customer receives access within the scope of their licence.
CAD Deutschland CDIC offers both network licences and single-user licences for the respective software. The prices of the respective licences can be found in the online shop.
Upon conclusion of the contract, the customer receives the non-exclusive, unlimited in time (purchase) or limited to the rental period, non-transferable and non-sublicensable right to use the software.
The licence key will be sent to the customer by email within 1 - 3 working days after payment of the purchase price.
For rental licences, the customer receives the licence key by email after payment. In the case of an extension of the rental licence, the customer receives the licence key at least one day before the expiry of the rental licence.
When purchasing software, there is the option to additionally conclude a paid so-called "maintenance contract" when purchasing the licence. By concluding the "maintenance contract", the customer receives a free upgrade to the next software version as soon as it is available during the term of the maintenance contract, as well as free support by email via the manufacturer's website in English. When purchasing a network licence, the "maintenance contract" is already included. The price for the "maintenance contract" will be communicated to the customer before placing the order.
The "maintenance contract" runs for one year from the conclusion of the contract. Unless otherwise agreed, the "maintenance contract" is automatically extended by another year after the end of the contract term if it is not terminated six weeks before expiry. Termination must be in text form. The right to extraordinary termination remains unaffected.
Contrary to section 7, maintenance contracts for BricsCAD do not automatically renew after the end of the contract term. However, a contract extension can be newly agreed between the parties on possibly adjusted terms in each case.
Notice period for price increases: Any price increases introduced by the manufacturer will be communicated to the customer at least two weeks before they come into effect.
Independence of CAD Deutschland CDIC GmbH: CAD Deutschland CDIC GmbH points out that it has no influence on decisions regarding price increases by the manufacturer. CAD Deutschland CDIC GmbH acts in this context solely as an intermediary between the manufacturer and the customer and is not the manufacturer of the maintenance services or products.
Communication obligation in case of changes: CAD Deutschland CDIC GmbH undertakes to forward all information regarding price adjustments by the manufacturer to the customer immediately as soon as these are made known to CAD Deutschland CDIC GmbH.
§ 6 Free trial versions
Free trial versions are offered for certain software. Before downloading the respective trial version, the customer must first register. To register, the customer must provide their full name, address, industry and email address. The customer can voluntarily provide their telephone number. Only after registration is the trial version available for download. If a licence key is required to activate the trial version, the customer will receive this licence key directly from the software manufacturer by email as a result of the registration.
§ 7 Premium Hotline & Support Contract, Term (business customers only)
If the customer is a business customer, they have the option to purchase access to the Premium Hotline for BricsCAD. The hotline is not available to consumers.
The customer receives an individual contract number, which enables them to access the Premium Hotline. The contract number is sent to the customer by email within one working day after conclusion of the contract. Access to the Premium Hotline is limited to a maximum of two people per company and is non-transferable (so-called named licence). The named person must verify themselves with their name and contract number each time they use the hotline.
Access to the Premium Hotline is valid for one year from the conclusion of the contract. Unless otherwise agreed, access to the Premium Hotline is automatically extended by another year after the end of the contract term if it is not terminated four weeks before expiry. Termination must be in text form. The right to extraordinary termination remains unaffected.
The Premium Hotline is a support hotline for technical questions in connection with the BricsCAD software and includes telephone advice on technical problems and programme malfunctions of the BricsCAD software that are not covered by the warranty, telephone installation support and command explanations as well as changing settings. The Premium Hotline thus supplements user training or consulting the manual. It is assumed that the customer is already familiar with the use of the BricsCAD software. The customer does not receive any explanations about the individual functions of the BricsCAD software via the hotline. CAD Deutschland CDIC reserves the right to terminate calls that serve exclusively to explain the functionality of the software and to refer the customer to the training videos also offered by CAD Deutschland CDIC.
§ 8 Video courses
The customer has the option to purchase access to various video channels of the premium video portal (http://cad-videos.de/) offered by CAD Deutschland CDIC.
With the confirmation email, the customer receives their personal access with username and password for the video channel they have booked. Access is limited to the channel booked. Within the channel, access is unlimited and not restricted to a certain number of videos.
Access is limited to one year and ends automatically after one year without the need for termination.
§ 9 Online training (business customers only)
CAD Deutschland CDIC offers customers, but only to business customers and not to consumers, paid online training (comprehensive training and crash courses) for various software via the online shop at https://cad-schulungen.de. The training takes place live via Microsoft Teams and at fixed dates. The exact content of the respective training is set out in the service description in the online shop.
To book a crash course, the customer can select an available date in a calendar provided online by CAD Deutschland CDIC and book the crash course bindingly by paying via Paypal.
The customer can also request individual training at https://cad-schulungen.de/Schulungen-anfragen/. If CAD Deutschland CDIC makes an offer to a customer and unless otherwise agreed, CAD Deutschland CDIC is bound by the offer for 5 working days after submission. In individual cases, a longer binding period can also be agreed. A contract for the training is only concluded in any case by the order confirmation from CAD Deutschland CDIC in text form.
The implementation of the training (except for individual training) depends on a minimum number of participants. The minimum number of participants and the time by which this must be reached are shown in the description of the respective course.
CAD Deutschland CDIC is entitled to cancel a training course for good cause. Good cause exists in particular if the lecturer intended for the training is ill. In this case, CAD Deutschland CDIC will schedule a replacement date.
If a set minimum number of participants is not reached, CAD Deutschland CDIC is entitled to withdraw from the contract. The number of registrations for the relevant training at the specified time is decisive in this respect. In this case, the customer will be contacted by email at the email address provided when booking.
In the event of cancellation by CAD Deutschland CDIC in accordance with the above paragraph, any payments already made by the customer will be refunded immediately. No further claims of the customer exist.
A change of lecturers and/or changes in the schedule do not entitle the customer to withdraw from the contract or to reduce the fee. The possibility of termination for good cause remains unaffected.
§ 10 Expiry of the right of withdrawal
The right of withdrawal expires in accordance with § 356 para. 5 BGB if a customer has expressly agreed that CAD Deutschland CDIC should begin executing the contract before the withdrawal period has expired and has confirmed their knowledge that they lose their right of withdrawal by agreeing to the start of the execution of the contract.
§ 11 Prices and payment
The respective costs will be communicated to the customer before completion of the order process. The costs are exclusive of statutory VAT, if applicable.
The respective price is due for payment in advance (prepayment).
The limitations of liability in the preceding paragraphs do not apply in the event of injury to life, body or health.
Payment can be made via PayPal, credit card (Mastercard or Visa), direct debit or bank transfer. If third parties are commissioned to process the payment, e.g. PayPal, their general terms and conditions also apply.
If a customer is in default with their payment obligations, CAD Deutschland CDIC may claim damages in accordance with the statutory provisions.
CAD Deutschland CDIC always issues an invoice to the customer, which is sent to them by email.
§ 12 Warranty and liability
CAD Deutschland CDIC is liable for material and legal defects in accordance with the statutory provisions.
Apart from liability for material and legal defects, CAD Deutschland CDIC is liable without limitation insofar as the cause of the damage is based on intent or gross negligence. CAD Deutschland CDIC is also liable for the slightly negligent breach of essential obligations (obligations whose breach endangers the achievement of the purpose of the contract) as well as for the breach of cardinal obligations (obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the company regularly relies), but in each case only for the foreseeable, contract-typical damage. CAD Deutschland CDIC is not liable for the slightly negligent breach of obligations other than those mentioned above.
The limitations of liability in the preceding paragraphs do not apply in the event of injury to life, body or health.
If the liability of CAD Deutschland CDIC is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents of CAD Deutschland CDIC.
All claims for damages against CAD Deutschland CDIC, regardless of the legal grounds, become time-barred at the latest one year after receipt of the goods, in the case of tortious liability from knowledge or grossly negligent ignorance of the circumstances giving rise to the claim and the person liable for compensation. Any shorter statutory limitation periods take precedence. The provisions of this paragraph do not apply – and the statutory provisions then apply – to contracts with consumers as well as in the case of liability for intent and in the cases mentioned in section 3.
§ 13 Data protection
CAD Deutschland CDIC collects and processes personal data in accordance with the privacy policy (available at https://cadshop.de/Service/Datenschutz/) and the applicable statutory provisions.
Status: 01.03.2025