General Terms and Conditions Loxone for HagerCAD

 

The Loxone for HagerCAD Package from Medialekt is a database consisting of Loxone products for the electrical planning software HagerCAD in the specified version. The package consists of a ZIP file containing an .EXA file that can be imported into HagerCAD.

The package is published in the hope that it will be of use to you as a user, WITHOUT ANY WARRANTY OR GUARANTEE, nor can any guarantee be given regarding market maturity or usability for specific purposes!

 

Terms & Conditions

By downloading the file you also accept the following terms and conditions:

  1. Usage
    You may use the database on unlimited own or customers electro plans.

  2. Illegal use
    Neither the download access, nor the database itself may be shared with other persons or third parties! Share or methods that allow multiple simultaneous downloads, thereby affecting the performance of the web pages of Medialekt and their servers are strictly prohibited and may lead to the immediate dissolution of the package duration. Do you want the transfer of your package to another person, it requires the written consent of Medialekt.

  3. Loxone for HagerCAD download & access duration
    The duration of the download are specified in the offer. Within this time, you have access to the download area and access to the database and available updates. You can continue to use the extension even after this time, but receive after the period no further updates and support. You can renew the package at any time.

  4. Own adjustments from you
    You are allowed to make necessary modifications to the database from Medialekt to adapt them to your needs. Republication of the original or modified versions requires the written permission of Medialekt.

  5. Individual adaptations from Medialekt
    You can request individual adjustments via the support of Medialekt (). If others can benefit from your changes, you will receive a fair discount to your order. Just write your ideas and requirements, Medialekt will contact you and make an offer.

  6. Updates
    The database is developed for the specified HagerCAD. Medialekt can not guarantee that the database will be compatible with older or future HagerCAD Versions and works correctly.

  7. Refund & Cancellation
    If you order as a consumer on Medialekt, you can cancel your contract within a 14-day cancellation period. According to § 13 BGB, a consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither his commercial nor his independent professional activity.

    1. Right of withdrawal when purchasing services for consumers
      Cancellation

      Withdrawal
      You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods.

      To exercise your right of withdrawal, you must

      Medialekt eK., Inhaber: Roland Meier, Bahnhofstr. 4a, 93342 Saal a.d. Donau
      Phone: +49 9441 1750403
      Fax: +49 9441 6101170
      Mail:

      by a clear statement (eg a letter sent by post, fax or mail) about your decision to withdraw from this contract. You can use the model revocation form available at https://medialekt.de/de/rueckerstattung-widerruf which is not required.
      In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

      Consequences of the cancellation

      If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees.

      If you have requested that the services be commenced during the period of cancellation, you must pay us a reasonable amount equal to the proportion of services already provided by you at the time you inform us of the exercise of the right of withdrawal in respect of this contract Comparison with the total volume of services provided for in the contract.

       

    2. Right of withdrawal when ordering goods for consumers
      Cancellation

      Withdrawal
      You have the right to withdraw from this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the last goods.

      To exercise your right of withdrawal, you must

      Medialekt eK., Inhaber: Roland Meier, Bahnhofstr. 4a, 93342 Saal a.d. Donau
      Phone: +49 9441 1750403
      Fax: +49 9441 6101170
      Mail:

      by a clear statement (eg a letter sent by post, fax or mail) about your decision to withdraw from this contract. You can use the model revocation form available at https://medialekt.de/de/rueckerstattung-widerruf which is not required.
      In order to maintain the cancellation period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

      Consequences of the cancellation
      If you withdraw from this Agreement, we have selected all payments we have received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method than the most favorable standard delivery we offer have to repay immediately and at the latest within fourteen days from the date on which the notification of your revocation of this contract has reached us. For this repayment, we use the same means of payment that you used in the original transaction, unless otherwise agreed with you; In no case will you be charged for this repayment fees. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return the goods to us immediately and in any event not later than fourteen days from the date on which you inform us of the cancellation of this contract. The deadline is met if you send the goods before the deadline of fourteen days. You bear the immediate costs of returning the goods. You only have to pay for a possible loss in value of the goods, if this loss of value is due to a handling that is not necessary for the examination of the nature, characteristics and functioning of the goods.

      The right of withdrawal does not apply to contracts:

      - for the supply of goods which are not prefabricated and for the manufacture of which an individual selection or provision by the consumer is authoritative or which are clearly tailored to the personal needs of the consumer;

      The right of revocation expires early in contracts
      - for the delivery of goods, if, due to their nature, they were inseparably mixed with other goods after delivery;
      - for the delivery of sound or video recordings or computer software in a sealed package, if the seal has been removed after delivery;

      The right of revocation expires in the event of a contract for the delivery of digital content that is not on a physical medium, even if Medialekt has begun to execute the contract, after you have expressly agreed that Medialekt will commence the contract before the expiry of the revocation period, and have acknowledged your knowledge that they lose their right of withdrawal by agreeing to do so when the contract begins.


      End of revocation

  8. Warranty & Guarantee
    Medialekt does not guarantee in any way for the functionality of its database. Also the functionality with older or futureHagerCAD Versions, even for the interaction with otherImports cannot be guaranteed.

  9. Liability

    1. Medialekt is fully liable
      - intent or gross negligence
      - lack of a guaranteed property
      - in case of injury to life, body or health
      - fraudulent concealment of a defect

    2. In the event of slight negligence, Medialekt shall only be liable if a duty is breached, the fulfillment of which enables the proper execution of the contract in the first place, whose violation jeopardizes the achievement of the purpose of the contract and on whose compliance you as customer can regularly rely (cardinal duty). If a cardinal obligation is violated, the liability is limited to the contractually foreseeable damage. This also applies to lost profits and missed savings. The liability for other removed consequential damages is excluded.

    3. For the loss of data Medialekt liable for slight negligence under the conditions and in the scope of the preceding paragraph only if you have performed a daily backup.

    4. In addition, the liability of Medialekt is excluded, in particular for data loss or hardware failure caused by incompatibility of existing on the PC system of your existing components with the new or to be changed hardware and software, and for system failures caused by existing misconfigurations or older, annoying, not completely removed drivers can arise.

    5. Liability under the provisions of the Product Liability Act remains unaffected.

  10. Service & Support
    Medialekt offers support for its database via mail. You can reach the Support Monday - Friday, except public holidays by mail . Normally, Medialekt will respond to your support request within 2 working days.
    The support of general topics such as using HagerCAD or drawing electro plans is excluded, but can be ordered separately as "Extended Support" if desired.

  11. Jurisdiction, Online Dispute Resolution & Final Provisions

    1. Are you as a customer a merchant, a legal entity under public law or a special fund under public law, or domestically without jurisdiction, the exclusive place of jurisdiction for all disputes arising from this contract is Regensburg. Medialekt is also entitled to sue you at its general place of jurisdiction.

      The European Commission provides a platform for online dispute resolution (OS). The platform can be found at http://ec.europa.eu/consumers/odr/. In future, consumers will be able to settle disputes in connection with their online order out of court.

    2. German law applies excluding the UN sales law. In the event that you are a consumer, this shall only apply to the extent that the protection afforded by compelling provisions of the law of the state in which you have your habitual residence is not withdrawn.

    3. The contract text of the order is not stored by Medialekt and can not be retrieved by you after conclusion of the contract.

    4. The Terms & Conditions can be printed by pressing the keyboard shortcut Ctrl-P or the print function of your browser and stored by pressing the key combination Ctrl-S.

    5. Contract language is german.

 

Release November 2023

 

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Bahnhofstr. 4a
DE-93342 Saal a.d. Donau

Phone: +49 9441 1750403

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