General Terms and Conditions of Business including Customer Information

General Terms and Conditions of Business including Customer Information

Content

  1. Scope
  2. Entering into a contract
  3. Cancellation right
  4. Remuneration
  5. Surrender of content
  6. Granting utilisation rights
  7. Liability for defects
  8. Applicable law
  9. Code of conduct
  10. Alternative conflict resolution

 

1) Scope

1.1 These General Terms and Conditions of Business of IAC Unternehmensberatung GmbH (hereinafter “Licensor”) apply to all contracts on the supply of data that are not located on a physical data carrier, which are manufactured and made available in digital form (digital content), whereby such contracts are entered into by a consumer or entrepreneur (hereinafter “Licensee”) with the Licensor in respect of the digital content presented by the Licensor in its online shop. Incorporation of the Licensee’s own conditions is hereby opposed unless provisions to the contrary are agreed upon.

1.2 The subject matter of contract is the surrender of the digital content made available by the Licensor to the Licensee in electronic form by way of granting utilisation rights provided for in greater detail in these General Terms and Conditions of Business.

1.3 A consumer within the meaning of these General Terms and Conditions of Business is any natural person who enters into a legal transaction for purposes that largely can neither be attributed to their commercial nor self-employed professional activity. An entrepreneur within the meaning of these General Terms and Conditions of Business is any natural or legal person, or a legally viable partnership, upon entering into a legal transaction acting by way of performing their commercial or self-employed professional activity.

 

2) Entering into a contract

2.1 The content published in the Licensor’s online shop does not constitute binding offers on the part of the Licensor, but rather are intended for making a binding offer on the part of the Licensor.

2.2 The Licensee can make an offer via the online order form integrated in the Licensor’s online shop. In that respect, the Licensee makes a legally binding, contractual, offer in relation to the goods contained in the shopping basket once the Licensee has placed the selected goods in the virtual shopping basket and has completed the electronic order process by clicking on the button to complete the order process.

2.3 The Licensor can accept the Licensee’s offer within five days by forwarding to the Licensor

  • written or confirmation or order confirmation in text form (fax or e-mail), whereby receipt of the order confirmation by the Licensee is, insofar, authoritative, or
  • by surrendering the ordered content to the Licensee, whereby receipt of the order confirmation by the Licensee is, insofar, authoritative, or
  • by requesting payment from the Licensee once the Licensee has placed its order.

If several of the above-mentioned options apply, the contract shall be brought about at the time at which one of the above-mentioned options first occurs. If the Licensor fails to accept the Licensee’s offer within the above-mentioned period, this shall be deemed a rejection of the offer and shall give rise to the consequence that the Licensee shall no longer bound by its declaration of intent.

2.4 The period for accepting an offer shall commence on the day after the Licensee sends the offer, and shall end upon expiry of the fifth day that follows the sending of the offer.

2.5 In the case of making an offer via the Licensor’s online order form, the contract text shall be saved by the Licensor and forwarded to the Licensee, once the Licensee has sent its order, in addition to these General Terms and Conditions of Business in text form (e.g. e-mail, fax or letter).

2.6 Prior to submitting the order with binding force via the online order form, the Licensee can correct its entries at any time via the customary keyboard and mouse functions. Furthermore, all entries are once again displayed in a confirmation window prior to placing a binding order and can be corrected there by way of the customary keyboard and mouse functions.

2.7 Solely German is available for entering into the contract.

2.8 Normally, orders are processed and contact is established by e-mail and orders are processed automatically. The Customer is to ensure that the e-mail address it provides for processing the order is accurate such that the e-mails sent by the Licensor can be received at such an address. The Customer is to ensure, in particular in the case of using spam filters, that all e-mails sent by the Licensor, or by third parties commissioned by the Seller with order processing, can be delivered.

 

3) Cancellation right

Consumers have a cancellation right as a matter of course. The cancellation right is set out in greater detail in the Licensor’s cancellation policy.

4) Remuneration

4.1 With regard to the granting of rights to the respective content, the Licensor shall receive a flat rate licence fee, the amount of which is stated in the respective item description.

4.2 The prices stated by the Licensor are overall prices and include the statutory turnover tax.

4.3 In the case of payments in countries outside the European Union, in individual cases additional costs may apply that are not the Licensor’s responsibility and which shall not be borne by the Licensor. These include the cost of transferring money by banks (e.g. transfer charges and exchange rate fees).

4.4 The Licensee can choose from different payment methods made available in the Licensor’s online shop.

4.5 If advance payment by bank transfer is agreed upon, amounts falls due for payment immediately after entering into the contract provided the parties do not agree on a later due date.

4.6 In the case of selecting the “PayPal” payment method, payment shall be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg in accordance with validity of the PayPal Conditions of Use, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full.

 

5) Surrender of content

Content shall be surrendered exclusively in electronic form by e-mail or download from the Licensor’s website.

6) Granting utilisation rights

6.1 In the absence of provisions to the contrary stated in the content description in the Licensor’s online shop, the Licensor grants the Licensee a non-exclusive right to the surrendered content, which is unlimited in terms of geography and time, to use the surrendered content for private and business purposes.

6.2 Forwarding the content to third parties or creating copies for third parties outside the framework of these General Terms and Conditions of Business is not permitted provided the Licensor has not consented to the transfer to third parties of the license, which is the subject matter of contract.

6.3 The granting of rights shall only come into force once the Licensee has paid in full the remuneration that is payable in accordance with the contract. The Licensor may also prematurely permit use of the content that is the subject matter of contract before such time. Such premature permission does not constitute a transfer of rights.

 

7) Liability for defects

The statutory liability for defects applies.

8) Applicable law

8.1 The law of the Federal Republic of Germany applies to all legal relations of the parties by way of exclusion of the Law on the International Purchase of Movable Goods. In the case of consumers, this choice of law shall only apply insofar as the granted protection is not withdrawn by way of obligatory provisions of the law of the country in which the consumer has his customary place of abode.

8.2 If the Licensee acts as a merchant, legal person under public law or special public funds with a registered office located in the sovereign territory of the Federal Republic of Germany, the Licensor’s principal place of business shall be deemed the exclusive place of jurisdiction for all disputes resulting from this contract. If the Licensee has his registered office outside the sovereign territory of the Federal Republic of Germany, the Licensor’s principal place of business shall be deemed the exclusive place of jurisdiction for all disputes resulting from this contract if the contract or the claims resulting from the contract can be attributed to the Licensee’s occupational or commercial activity. However, in any case the Licensor shall be entitled to bring an legal action at the competent court for the Licensee’s registered office.

 

9) Code of conduct

The Seller submits to the following code of conduct:

  • The Seller submits to the Trusted Shops quality criteria, which can be viewed on the internet at http://www.trustedshops.de/shopbetreiber/qualitaetskriterien.html.
  • The Seller submits to the data protection code of IITR GmbH, Institut für IT-Recht, which can be viewed on the internet at https://www.iitr.de/informationen/codex.html.

 

10) Alternative dispute settlement

10.1 The EU Commission provides a platform for online dispute settlement, which can be accessed via the following link: http://ec.europa.eu/consumers/odr

This platform is intended as a contact point for the out of court settlement of disputes resulting from online purchases of contracts for work and services involving a consumer.

10.2 The Seller neither undertakes nor is willing to take part in dispute settlement proceedings before consumer arbitration board.

 

Alternative dispute resolution in accordance with Article 14(1) Regulation on consumer ODR and Section 36 VSBG (German Consumers’ Dispute Settlement Act):

The European Commission provides a platform for online dispute settlement (OS), which you can find at https://ec.europa.eu/consumers/odr . We do not undertake, and are not willing, to take part in dispute settlement proceedings before a consumer arbitration board.