The quotations, deliveries and services of Shamrock Software GmbH are exclusively subject to the following General Terms and Conditions (GTC). Other terms and conditions of the customer are only effective if they have been confirmed in writing by Shamrock. Verbal promises and subsidiary agreements require written confirmation by Shamrock. Counter-confirmations of the customer with reference to his terms and conditions of business or purchase are hereby rejected as a precaution.
Depending on the product, further specific provisions of a contractual relationship may be added (e.g. a licence agreement). These are deemed to be automatically accepted with the purchase.
Quotes from Shamrock Software GmbH are valid until the end of the month after next following the date of the quote. At the time of statutory changes in the VAT rate, the net prices quoted in offers shall also become invalid. In the event of subsequent changes to the original specification by the customer, e.g. in the case of order-specific developments, Shamrock may adjust the order value accordingly even without a new offer.
Delivery and payment
Shamrock usually delivers software as a download link and only in exceptional cases physically on data carriers. In all cases, delivery shall be deemed to have taken place upon dispatch. In the case of physical delivery, the risk shall pass to the buyer as soon as the goods have been handed over to the transport company.
Generally, payment is made by credit card or bank transfer in advance. The term of payment for purchase on account (only possible for groups and authorities with their purchase form as well as for regularly ordering resellers) is 14 days net; a discount is generally not granted by Shamrock and is only deemed to be agreed upon after express written declaration by Shamrock. Any other terms and conditions of purchase are hereby rejected as a precautionary measure.
A payment shall only be deemed to have been made when Shamrock can dispose of the amount. In the case of payment by cheque, payment is deemed to have been made when the cheque has been cashed by Shamrock. Credit card payments are deemed to have been made once Shamrock has received a remittance from the credit card company. Until then, the respective contractual product remains the extended property of Shamrock (reserved goods).
In the event of non-compliance with payment deadlines by the customer, the right to use the software and thus also the entitlement to hotline support shall expire until all claims arising from the contract have been met. The payment period stated on the invoice begins on the invoice date. Dunning costs, lawyer's fees and court fees incurred for the enforcement of claims shall be borne by the customer.
Shamrock accepts credit cards according to the credit card companies' current policies. An order may therefore be refused if:
- more than five identical items are ordered within two calendar days,
- the order value exceeds 3500 euros within two calendar days,
- the order value for delivery to non-EU countries exceeds 1500 euros within two calendar days,
- more than one credit card number is given, e.g. after a first card turned out to be invalid,
- an email address with a country-specific domain is provided that does not match the delivery address,
- different purchasers use the same e-mail address within two calendar days,
- the address of the customer and the delivery address are not identical or the credit card does not belong to the customer.
The credit card data will only be used to process the current order and will not be stored beyond that. The procedures used by Shamrock comply with the security standards recommended by credit card companies.
After purchase, the customer is entitled to free advice on questions directly related to the Shamrock products he/she has purchased; only the normal telephone charges apply to him/her. Counselling shall be provided as follows:
- Hotline pages on the Internet with typical questions and answers about a product (FAQ).
- Support by e-mail. Questions are usually answered within one working day.
- Telephone support during normal office hours to a reasonable extent (i.e. in a reasonable ratio of purchase price and invested working time).
There is no obligation to provide support for free software (freeware and demo versions), for products that do not originate from Shamrock (such as the operating system used), in the event of payment deadlines not being met, or to persons who are not themselves purchasers or licensees.
In the event of a warranty claim (material defect or lack of warranted characteristics), Shamrock is entitled, at its own discretion, to up to three attempts to rectify the defect, to make a replacement delivery or to take back the product within 30 days of receipt of the notification.
A warranty is excluded for services provided by Shamrock that are not invoiced by Shamrock (e.g. customer-specific adaptations as a favour or free software). Announcements of future product features are always non-binding. Functional software enhancements that are not purely bug fixes are supplied as price-reduced updates and not under warranty.
The return of hardware is possible for private customers in Germany and the European Union in accordance with the Distance Selling Act by means of revocation. You can return the goods received without giving any reason within two weeks by returning the goods. The period begins after receipt of this instruction in text form, e.g. on this website, but not before receipt of the goods by the recipient and also not before fulfilment of our information obligations pursuant to § 312c para. 2 BGB in conjunction with §1 para.1,2 and 4 BGB-InfoV. The timely dispatch of the goods or the request to take back the goods shall be sufficient to comply with the time limit. In any case, the return shall be at our expense and risk. The return or the request for return must be sent to: Shamrock Software GmbH, Industriering 13, 85238 Petershausen. In the event of an effective return, the services received by both parties shall be returned and any benefits derived (e.g. advantages of use) shall be surrendered. In the event of deterioration of the goods, compensation may be demanded. This does not apply if the deterioration of the goods is exclusively due to their inspection - as would have been possible for you in a shop, for example. In addition, you can avoid the obligation to pay compensation for the deterioration of the goods caused by the intended use of the goods by not using the goods as if they were your property and by refraining from doing anything that could impair their value. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of the goods or the request for return, for us with the receipt.
The return of software or a user licence due to the absence of previously non-warranted properties is expressly excluded. This applies in particular to delivery by e-mail or download or to opened packaging of software that is not protected by hardware dongle or otherwise copy-protected. Warranted characteristics of a product are those which are expressly stated in the documents publicly available prior to purchase (description, manual, demo version) or which are naturally required for the use of the product for a foreseeable typical purpose. In the case of software, absolute freedom from errors is generally not considered achievable and is therefore not guaranteed. Standard software is considered fit for use if it meets the requirements of an ordinary average user (see LG Köln, 20 S 14/96). Only the direct purchaser or customer is entitled to warranty claims against Shamrock and these are not assignable.
If an agreement on a return is not possible, private customers can turn online to the official German conciliation portal portal or to the European Union's dispute resolution service. However, Shamrock does not deliver to private customers outside Germany anyway.
Shamrock products must not be used in applications where malfunction could result in personal injury. Accordingly, any liability on the part of Shamrock for such applications is excluded. Liability is furthermore limited to such damages as could reasonably be expected to occur at the time of conclusion of the contract according to the circumstances known at that time.
Delivery times noted in the quotation or order for custom developments will be adhered to as far as possible, but Shamrock is not liable for delays due to force majeure, third-party fault or illness.
Shamrock is not liable for indirect damage, consequential damage or loss of profit. The maximum amount of liability corresponds to the purchase price. Shamrock's liability for intentional and grossly negligent conduct, as well as according to the provisions of the Product Liability Act, remains unaffected by the aforementioned limitations of liability. The personal liability of Shamrock employees is excluded.
All programmes, manuals, internet pages and other documents made available by Shamrock free of charge or against payment are protected by copyright.
Software is supplied in accordance with the terms and conditions stated in the documentation (licence agreement). All present and future copyright and/or industrial property rights in the programs sold by Shamrock and in all programs derived therefrom, parts of programs or documents created in this context remain with Shamrock.
The client is liable to Shamrock for all damages resulting from the breach of the aforementioned obligations. In each case of infringement, Shamrock may, without prejudice to further claims for damages, claim a contractual penalty in the amount of ten times the purchase price for the respective total programme, without having to prove in detail any damage incurred by Shamrock.
Shamrock stores data of the customer as far as this is necessary for the immediate execution of the order and for later customer service. Personal data will only be passed on to third parties in the following cases and then only to the extent necessary:
- for direct order processing (e.g. post office, forwarding agent, credit card company),
- within the scope of the usual accounting obligations (e.g. tax authority),
- in dunning proceedings (e.g. lawyer, court).
The Client agrees that Shamrock may name him as a reference client in electronic and written form including his logo; however, he has no claim to this. The customer may object in writing to the naming in individual cases or as a whole.
With respect to commercial customers, Dachau shall be deemed agreed as the place of jurisdiction for all claims arising from the business relationship. However, Shamrock is entitled to choose a different place of jurisdiction in individual cases.
Should one or more provisions of the General Terms and Conditions be or become ineffective, or should these contractual texts contain a loophole, the contracting parties shall replace or supplement the ineffective or incomplete provisions with appropriate provisions which correspond as far as possible to the economic purpose of the intended provision. The validity of the remaining provisions shall remain unaffected.