General Terms and Conditions
1. Supplier and scope
1.1 The supplier and contracting party is:
VivaTec
Dirk Heidlindemann
Trading name: VivaTec
Bünder Fußweg 4
32120 Hiddenhausen
Germany
E-Mail: info@vivatec.de
Telephone: +49 5221 346994-0
VAT ID: DE189519561
Hereinafter referred to as “VivaTec”.
1.2 These General Terms and Conditions apply to contracts for software licences and the associated digital supply concluded through the online shop at https://vivatec.de .
1.3 The offer is directed at consumers and business customers. A consumer is a natural person who enters into the contract for purposes predominantly outside their trade, business or profession. Business customers are persons and partnerships with legal capacity acting in the exercise of their trade, business or profession when concluding the contract.
1.4 The scope of use is additionally governed by the licence terms for the relevant product made available before the contract is concluded. Individual agreements take precedence.
2. Subject matter of the contract
2.1 The contract covers the grant of the right of use specified in the product description and licence terms, together with the supply of the necessary digital content. No physical data carrier is supplied.
2.2 The product description agreed at the time of contract conclusion, the selected licence scope and the stated technical requirements are authoritative.
2.3 Use may require the customer’s own accounts, permissions or paid third-party services. For VivaTec SMTP Relay, this includes in particular a suitable Microsoft 365 / Exchange Online environment. Unless expressly offered as part of the contract, the customer must obtain these services independently. The requirements are stated in the product description.
2.4 Installation, individual configuration, data migration, consultancy, training and ongoing support form part of the contract only if expressly included in the offer or agreed separately. Statutory rights remain unaffected.
3. Orders and conclusion of the contract
3.1 Product listings in the shop are invitations to submit an offer. By clicking the “Place order” button, which indicates an obligation to pay, the customer submits a binding offer.
3.2 The customer can review and correct their entries during checkout before submitting the order.
3.3 An automated order receipt message initially confirms only that the order has been received. It also constitutes acceptance of the contract only if expressly stated in that message.
3.4 For the instant payment methods offered, we accept the offer by having payment finally collected. A payment authorisation alone does not constitute acceptance. If an express order confirmation or provision of the licence occurs earlier, the contract is concluded at that earlier point.
3.5 The language of the contract is German. The customer receives confirmation of the contract, including the applicable contractual terms, on a durable medium, in particular by email.
4. Prices and payment
4.1 Total prices displayed to consumers in the shop include the statutory VAT shown. No shipping charges apply to digital supply. The total amount shown during checkout is authoritative.
4.2 Available payment methods are displayed at checkout. Payments may be processed by the payment provider indicated.
4.3 The paid licence is supplied only after receipt of full payment has been confirmed. Any free trial expressly granted beforehand remains available in accordance with the licence terms.
5. Supply and installation assignment
5.1 The installer can be obtained using the download provided on the website. The licence and invoice are sent to the email address specified in the order.
5.2 Supply takes place within 24 hours after payment has been confirmed and the required installation details have been received. For consumers, the provisions concerning any early commencement of performance must also be observed.
5.3 For installation-bound products, the installation ID of the intended target installation must be provided. The customer can find this ID in the configurator of the software previously installed on the target system. The order displays the specified ID for checking.
5.4 If the customer identifies an incorrect installation assignment, they are requested to contact info@vivatec.de for clarification. This request does not restrict the customer’s statutory rights. The licence terms additionally apply to a subsequent change of installation.
6. Consumers’ right of withdrawal
6.1 Consumers have a statutory right of withdrawal as set out in the separate withdrawal instructions. The instructions and model withdrawal form are provided before the contract is concluded and included in the contract confirmation.
6.2 For paid digital content not supplied on a physical data carrier, the right of withdrawal may expire early when performance begins, subject to the statutory conditions. The necessary express declarations are obtained and confirmed separately. Acceptance of these Terms and Conditions alone does not replace those declarations.
6.3 These terms do not grant business customers an additional contractual right of withdrawal.
7. Rights in respect of defects and updates
7.1 Statutory rights in respect of defects apply. Consumer contracts for digital products are governed in particular by the statutory provisions applicable to such contracts.
7.2 Updates required by law, including necessary security updates, are provided for the period required by law. The customer is informed of their availability.
7.3 Additional maintenance, feature updates, new major versions or specific support response times are owed only where expressly agreed. Statutory rights concerning defects and updates are not restricted.
7.4 A guarantee exists only where expressly given as such. Statutory rights in respect of defects apply independently of any guarantee.
8. Liability
Claims for damages are governed by the statutory provisions.
9. Data protection and dispute resolution
9.1 Information on the processing of personal data, particularly in connection with orders, installation assignment and licence processing, can be found in the privacy policy at https://vivatec.de/datenschutz/.
10. Applicable law
German law applies. For consumers, mandatory protective provisions of the country of their habitual residence remain unaffected insofar as they must be observed under the applicable statutory provisions. Statutory rules on jurisdiction remain unaffected.
Last updated: 19 October 2026