LW | IT-Beratung
Lars Weiler, Grasgarten 66, 38176 Wendeburg, Germany
Last updated: October 2025
1. Scope
These Terms & Conditions apply to all contracts for digital products, software, modules, consulting services, and support services between LW | IT-Beratung (hereinafter "Provider") and the customer (hereinafter "Customer" or "You").
Deviating terms and conditions of the Customer are not recognized unless the Provider expressly agrees to their validity in writing.
2. Contract Formation
The presentation of products and services on our website does not constitute a binding offer. By clicking "Buy" or "Order," you submit a binding offer. The contract is concluded upon confirmation of your order by email or by providing access to the product.
3. Digital Products – No Refunds Policy
Important: No Refunds on Digital Products
All digital products (software, modules, licenses, downloads) are non-refundable and excluded from the right of withdrawal.
By purchasing and accessing the digital product, you expressly waive your 14-day right of withdrawal. Sales are final upon download, license key delivery, or product access provision and are non-refundable.
3.1 Exceptions for Consulting Services
For consulting or development services that have not yet been provided, a statutory right of withdrawal of 14 days applies. Once service delivery begins, the right of withdrawal expires.
4. Prices and Payment Terms
All stated prices are final prices and include statutory VAT where applicable. For international customers, additional taxes or customs duties may apply, which are to be borne by the Customer.
Payments are due immediately upon contract conclusion unless otherwise agreed. Accepted payment methods are displayed during the ordering process.
5. Delivery and Provision
Digital products are provided immediately after payment receipt via download link, email, or access to a protected download page.
Consulting and development services are provided according to individual agreement. Delivery dates are non-binding unless expressly confirmed as binding.
6. Usage Rights and Licenses
Upon purchase of digital products, the Customer acquires a simple, non-exclusive right to use the product for the contractually agreed purpose. Distribution, reproduction, or modification of the product without express consent is prohibited.
Open-source modules are subject to their respective license (e.g., LGPL-3.0, AGPL-3.0), which is specified in the product. Commercial modules are subject to proprietary licenses with restricted usage rights.
7. Warranty and Product Characteristics
7.1 Scope of Warranty
The Provider warrants that digital products substantially fulfill the functions specified in the product description. Minor deviations from the description that do not or only insignificantly impair usability do not constitute a defect.
7.2 Defect Notification
Obvious defects must be reported in writing within 7 days of product receipt. Hidden defects must be reported immediately upon discovery, but no later than within the statutory warranty period. Warranty rights expire in case of late defect notification.
7.3 Warranty Exclusions
Warranty is excluded for:
- Defects caused by improper operation, installation, modification, or repair by the Customer or third parties
- Incompatibilities with hardware or software not specified in the system requirements
- Errors due to use of the product in an environment not approved by the Provider (e.g., unsupported operating systems, databases, Odoo versions)
- Damage due to force majeure, viruses, malware, or unauthorized third-party access
- Open-source components and third-party software subject to their respective licenses ("as is", without warranty)
- Data loss that could have been avoided through proper data backup by the Customer
7.4 Subsequent Performance
In case of justified defect claims, the Provider initially has the right to remedy at its discretion. The Provider receives at least two attempts to remedy. Only after failure of remedy may the Customer request reduction or rescission of the contract.
7.5 No Guarantee for Uninterrupted Operation
The Provider does not guarantee uninterrupted, error-free operation of the software. Maintenance, updates, and external factors (hosting providers, internet connection) may affect availability.
7.6 Data Backup
The Customer is responsible for regular data backups. The Provider assumes no liability for data loss resulting from failure to perform data backups.
8. Limitation of Liability
8.1 Liability for Intent and Gross Negligence
The Provider is liable without limitation for damages arising from injury to life, body, or health, as well as for damages based on intent or gross negligence by the Provider, its legal representatives, or vicarious agents.
8.2 Liability for Slight Negligence
In case of slight negligence, the Provider is only liable for breach of essential contractual obligations (cardinal obligations), the fulfillment of which makes proper contract performance possible in the first place and on which the Customer may regularly rely.
In this case, liability is limited in amount to the contract value (purchase price paid or agreed compensation), but no more than €5,000 per claim.
8.3 Exclusion of Consequential Damages
Liability for indirect damages, consequential damages, lost profits, data loss, business interruptions, or production losses is excluded to the extent legally permissible.
8.4 Liability for Third-Party Content and Links
The Provider assumes no liability for third-party content referenced via hyperlinks. Linked pages were checked for possible legal violations at the time of linking; illegal content was not identifiable. Permanent monitoring of linked pages is not reasonable without concrete evidence of violations.
8.5 Liability for Open-Source Components
Where open-source software is used, it is provided "as is" according to the respective open-source license. The Provider assumes no liability for errors, malfunctions, or damages caused by open-source components.
8.6 Statute of Limitations for Damage Claims
Damage claims expire within one year from knowledge of the damage and the person of the tortfeasor, but no later than three years after delivery or service provision, unless mandatory legal regulations (e.g., in case of intent) provide for longer periods.
8.7 Product Liability Act
Liability under the Product Liability Act remains unaffected.
9. Data Protection
The Provider collects, processes, and uses personal data only within the framework of legal regulations. For more information, please refer to our Privacy Policy.
10. Final Provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
Should individual provisions of these Terms & Conditions be or become invalid, the validity of the remaining provisions remains unaffected.
Changes and additions to these Terms & Conditions require written form.