Notices
wAPPStore - Andreas Hamacher, Im Buchenkamp 72, 51109 Cologne hereinafter referred to as "wAPPStore" or "Author".
§ 1. Scope of Application
(1) These General Terms and Conditions form the basis of all contracts, whether in electronic or written form, and also apply to future contracts between the parties, even if not expressly agreed upon again.
(2) Terms and conditions of the customer/supplier will only be recognized if they have been agreed upon in writing and confirmed by wAPPStore.
§ 2. Customer's Obligations
(1) The customer is obliged to provide all personal data truthfully.
(2) If the master data changes during an ongoing contract, this must be promptly communicated to wAPPStore.
(3) The customer assures not to distribute or upload content that is criminally relevant and not to violate the rights of third parties (data protection, copyright, name, youth protection, trademark protection laws, etc.) or applicable law.
(4) The customer assures that they have all necessary rights for information from third parties.
(5) Unless otherwise agreed, the customer authorizes wAPPStore to place the company logo or company name of wAPPStore, or another indication such as "App by wAPPStore" in the lower area of the created app as a reference to the creator.
§ 3. Data Protection
(1) All personal data, complete address, provided by the customer for contract processing, request for information material, use of various services, or resulting from documents submitted by him, whether they originate from the customer himself or from third parties, will be stored in machine-readable form or filed in documentation and processed further for contract processing.
(2) wAPPStore undertakes to handle all data confidentially and in accordance with the Telemedia Act (TMG) and the Federal Data Protection Act (BDSG), and to use it only for the purpose of contract processing and customer support.
(3) wAPPStore assures that the transfer of personal data to third parties will only take place to the extent necessary for proper contract processing.
(4) However, the customer agrees that in case of a violation of the General Terms and Conditions by wAPPStore, the rights of third parties (data protection, copyright, name, youth protection, trademark protection laws, etc.) or public law, personal data may be disclosed to third parties (debt collection agencies, supervisory or law enforcement authorities).
(6) Furthermore, the customer agrees that wAPPStore may publish the domain name (URL), company name, developer, screenshots, description as well as additional information such as age restrictions, version, download count and details about advertising content for the app on wAPPStore.
Protecting individual privacy in the processing of personal data is an important concern for us, which we consider with great attention in our business processes. Therefore, we are happy to provide you with detailed information about the processing of your personal data and your data protection rights and claims in our Privacy Policy.
§ 4. Offers and Conclusion of Contract
(1) Our offers are non-binding and subject to change without notice.
(2) Orders are placed in writing. Written orders are binding for the customer even without a signature.
(3) A contract is only concluded when wAPPStore confirms the order to the customer in writing. This applies to all offers, packages, services, or other products.
(4) After selecting the product, confirming the General Terms and Conditions, and making payment via PayPal, the contract is concluded and you will receive a written confirmation displayed as well as by email.
(5) Improvements and changes to the service by wAPPStore are permissible as long as they are reasonable for the customer.
(6) HamaVision reserves the right to immediately block or remove from the server any pornographic, unconstitutional, or any other internet content that violates applicable law or the rights of third parties (data protection, copyright, name, youth protection, trademark protection laws, etc.) without prior notice of cessation.
(7) In case of repeated offenses or failure to comply with a cease-and-desist request, wAPPStore is entitled to terminate the contract with the customer without notice. Claims for damages against wAPPStore are excluded. If wAPPStore incurs damage due to such actions by the customer, the customer is obligated to compensate for this damage.
§ 5. Termination and Contract Duration
(1) The minimum contract duration for apps is 4 weeks and can be terminated at any time by the end of the month.
(2) Termination must be in written form and submitted to wAPPStore. Send your termination to info@wappstore.com or mail it to "wAPPStore - Im Buchenkamp 72 - 51109 Cologne".
(3) A purchased or acquired app remains valid as long as wAPPStore provides the app or files. wAPPStore has the right to remove apps from the program or delete them entirely.
(4) An app placement can only be used in conjunction with an SSL certificate. A compatible SSL certificate, organized or managed by the customer, can also be integrated. The effort required for integration of a customer-organized SSL certificate will be compensated at the current billing rate.
§ 6. Damages for Non-performance
(1) If wAPPStore is entitled to claim damages for non-performance due to the customer's failure to accept, wAPPStore may demand compensation from the customer in the form of the order amount or the time for processing and handling at the currently valid hourly rate.
§ 7. Payment Terms
(1) All purchased apps must be paid for directly with PayPal.
(2) Invoices are payable in advance or by bank transfer, unless otherwise agreed. The payment interval depends on the respective product/package and can range from a one-time payment to monthly payments. Partial services or deliveries may be invoiced separately.
(3) Installment payments cannot be arranged.
(4) A payment is considered made when the required amount has been credited to an account of the company wAPPStore or its payment provider HamaVision Billing Systems.
(5) If the customer fails to meet their payment obligations, wAPPStore is entitled to immediately withdraw from the contract without further notice. After exceeding a 30-day payment deadline from the invoice date, the customer is in default of payment without further reminder from the 31st day onwards. From this point of default, wAPPStore is entitled to charge statutory interest. The customer bears all collection, court, and enforcement costs. wAPPStore is entitled to assign its claims.
§ 8. Retention of Title
(1) The user/operator/customer is responsible for the respective content, terms of use, terms and conditions, images, offers, links to external domains, links to internal domains, or any other information provided. wAPPStore cannot be held liable for this.
(2) Ownership of the delivered goods or services remains with wAPPStore as security for the balance due until full payment is received.
(3) Products, packages, or other offers purchased from wAPPStore may not be duplicated or commercially distributed. This is only possible with prior agreement and written approval from wAPPStore.
§ 9. Warranty
(1) Any complaint must include a detailed description of the error, providing information about the processing of the product.
(2) Improper use, handling, or the absence of correct technology are excluded from warranty coverage.
§ 10. Prices and Costs
(1) All prices are subject to the applicable legal value-added tax.
§ 11. Right of Withdrawal / Cancellation Policy:
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of concluding the contract.
Special provision for activation of the app:
Please note that the withdrawal period expires immediately once you enter the activation code for the app and activate it. By activating the app, you agree that your right of withdrawal expires.
To exercise your right of withdrawal, you must inform us (name of the company, address, email address) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email).
Consequences of withdrawal: If you withdraw from this contract, we shall reimburse you all payments received from you, including delivery costs, without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract.
Please note that the right of withdrawal for digital content expires once the download or activation process has begun and you have expressly consented to us commencing performance before the end of the withdrawal period. This cancellation policy applies only to the sale of apps on our website.
§ 12. Delivery and Performance Time
(1) All delivery and performance agreements require written form and commence from the date of order confirmation or invoice. Delivery and performance obligations are subject to timely delivery to the customer.
(2) Partial services or partial deliveries are permissible. A delay in delivery or performance occurs in cases of force majeure or events that make delivery difficult or impossible for wAPPStore.
(3) In such cases, the customer cannot claim damages for delay or non-performance against wAPPStore.
(4) As a result, the delivery and performance time may be extended by the duration of the hindrance plus an additional period of two months, or wAPPStore may partially or completely withdraw from the contract.
(5) If the delay persists for more than 2 months, the customer is entitled to withdraw from the contract. No claims for damages can be derived from this either.
(6) After the expiration of the delivery deadline, a period of 21 days for subsequent delivery will automatically begin without further explanation.
(7) If the customer does not provide the required documents or other services in a timely manner, or if they are transmitted to wAPPStore late, the agreed delivery or performance time will be extended accordingly.
§ 13. Disclaimer
(1) wAPPStore assumes no liability for the timeliness, correctness, completeness, or quality of the information or services provided. Liability claims against wAPPStore relating to material or immaterial damages caused by the use or non-use of the information provided, or by the use of incorrect or incomplete information, are fundamentally excluded and only considered in cases of proven intentional or grossly negligent fault on the part of wAPPStore. All offers are non-binding and subject to change without separate notice. wAPPStore expressly reserves the right to modify, supplement, delete parts of the pages or the entire offering without separate announcement, temporarily or permanently cease publication.
(2) In case of direct or indirect references to external websites that lie outside the author's responsibility, liability would only come into effect if the author has knowledge of the content and it is technically possible and reasonable for him to prevent use in case of illegal content. The author explicitly states that at the time of linking, the linked pages were free from illegal content. The author has no influence on the current and future design and content of linked pages. Therefore, we explicitly distance ourselves from all content of linked pages that have been changed after linking. This statement applies to all links and references within our own internet offering as well as entries in guest books, discussion forums, and mailing lists set up by wAPPStore. wAPPStore cannot be held liable for illegal, incorrect, or incomplete content and especially not for damages resulting from the use or non-use of such information.
(3) wAPPStore cannot be held liable for any of the aforementioned cases, nor in any other case not mentioned here, or due to an alleged violation by third parties.
(4) wAPPStore provides advertising space and app packages for various companies at an additional cost. The authors of wAPPStore have no influence on content and further design and also do not guarantee the information provided there. We explicitly distance ourselves from all content on this page and linked pages, as well as any subsequent links that may follow.
§ 14. Applicable Law
(1) The law of the Federal Republic of Germany is deemed to be mandatorily agreed upon for the entire legal relationship and terms and conditions. If the customer/supplier is a merchant, Cologne is agreed upon as the exclusive place of jurisdiction.
§ 15. Final Provisions
(1) wAPPStore reserves the right to change or adapt these General Terms and Conditions with consideration for the current situation.
(2) The customer will be informed of any changes in a timely manner and may object within a six-week period. If an objection is raised, the contract will continue between both parties with the General Terms and Conditions already accepted by the customer until its fulfillment, and then terminated thereafter.
(3) If a provision in our terms and conditions or any other agreed provision is invalid, the validity of all other provisions or agreements shall not be affected.
(4) wAPPStore and the customer/supplier agree to replace invalid provisions or contractual gaps with an effective provision that most closely corresponds to the economic purpose of the invalid provision or contractual gap.
