General Terms and Conditions

General Terms and Conditions (Business Customers)

Table of Contents

  1. Scope
  2. Conclusion of Contract
  3. Prices and Payment
  4. Liability
  5. Applicable Law
  6. Jurisdiction
  7. Code of Conduct
  8. Final Provisions

1) Scope

1.1 These General Terms and Conditions (hereinafter “Terms”) of Phoenix Drogerie e.K., owner: Stefan Schneider, as brand owner and operator of PhoenixWP (hereinafter “we/us”), apply to all contracts for digital products and services that you, as a business customer (hereinafter “you”), enter into with us in connection with products offered by PhoenixWP. We object to the inclusion of your own terms and conditions unless we have agreed otherwise with you.

1.2 The offer on this website is addressed exclusively to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) (traders, merchants, self-employed professionals). No contracts are concluded with consumers within the meaning of Section 13 BGB. By purchasing, you confirm that you acquire the product exclusively for commercial or independent professional purposes.

1.3 A business customer within the meaning of these Terms is any natural or legal person or partnership with legal capacity acting in the exercise of its commercial or independent professional activity when entering into a legal transaction.

2) Conclusion of Contract

2.1 Product descriptions on phoenixwp.com do not constitute binding offers by us but serve for information and as a gateway to our distribution partner.

2.2 The sale, licensing, and payment processing of our Pro and Premium products are carried out exclusively through our partner Freemius, Inc., 15 Villa Avenue, San Rafael, CA 94901, USA, as official reseller (Merchant of Record). PhoenixWP (Phoenix Drogerie e.K.) remains the licensor of the software. Freemius is the contractual partner for purchase, payment, and invoicing. The terms and conditions and license terms of Freemius take precedence for the purchase process, payments, license issuance, and invoices; they supplement these Terms unless they conflict.

2.3 The contract for a Pro or Premium license is formed when you place an order in the Freemius checkout and Freemius accepts it. The total price displayed in the checkout before you complete the order is decisive.

3) Prices and Payment

3.1 Unless otherwise stated in our product description, prices shown on phoenixwp.com (marked with *) are net prices, plus applicable statutory value added tax where due. The total amount shown in the Freemius checkout before you complete the order is decisive. Business customers with a valid VAT ID may claim reverse charge in the checkout where applicable.

3.2 If a money-back guarantee is mentioned on our website, it is handled under Freemius refund policies in effect at the time of purchase.

4) Liability

4.1 We are liable without limitation in cases of intent and gross negligence and for damage resulting from injury to life, body, or health.

4.2 In the event of slightly negligent breach of essential contractual obligations (cardinal obligations), our liability is limited to the foreseeable, typical damage. Essential obligations are those whose fulfilment enables proper performance of the contract and on whose compliance you may regularly rely.

4.3 Otherwise, our liability is excluded. Liability under the German Product Liability Act remains unaffected.

4.4 Our plugins are provided to high development standards; liability for indirect damage, loss of profit, or loss of data is excluded to the extent permitted by law unless caused by intent or gross negligence.

5) Applicable Law

5.1 The law of the Federal Republic of Germany applies to all legal relationships between us, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

6) Jurisdiction

6.1 As you act as a merchant, legal entity under public law, or special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is our registered place of business. We may nevertheless bring proceedings at your place of business.

7) Code of Conduct

We have subjected ourselves to the participation terms of the eCommerce initiative „Fairness im Handel“, which are available on the Internet at https://www.fairness-im-handel.de/teilnahmebedingungen/.

8) Final Provisions

8.1 Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected.

8.2 This English version is provided for convenience. In case of doubt, the German version shall prevail.