Table of contents
 
1. scope of application
2. services of the provider
3. changes in services
4. conclusion of contract
5. right of withdrawal
6. duties of the customer
7. remuneration and terms of payment
8. duration and termination of the contract
9. liability
10. amendment of the general terms and conditions
11. applicable law, place of jurisdiction
12. alternative dispute resolution
 
 
 
1) Scope of application
 
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of Andreas Brandl, trading under "1st Cloud" (hereinafter referred to as "Provider"), apply to all contracts that a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Provider with regard to the services presented by the Provider on his website. The inclusion of the customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 Consumer in the sense of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.
1.3 Entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
1.4 Entrepreneurs within the meaning of these GTC are also public authorities or other public law institutions if they act exclusively under private law when concluding a contract.
 
 
2) Services of the Provider
 
2.1 The provider provides services for calculating and making content accessible via the Internet. For this purpose he provides the customer with the corresponding system resources. The customer can calculate and store content up to a certain extent on these system resources and make it accessible via the Internet. The exact scope is defined in the service description of the provider.
2.2 The services of the Provider in the transmission of data are limited solely to data communication between the transfer point of the Provider's own data communication network to the Internet and the system resources provided for the Customer. The provider is not able to influence the data traffic outside his own communication network. A successful forwarding of information from or to the systems querying the contents is therefore not owed in this respect.
2.3 The hosting services of the provider are offered subject to availability. However, the provider endeavours to keep the service as constantly available as possible. In particular, maintenance, security or capacity issues, as well as events beyond the control of the provider, can lead to disruptions or temporary shutdown of the service.
2.4 The provider provides the above-mentioned services with a total availability of 99.9 percent, unless otherwise agreed or stated in the service description.
The availability is calculated on the basis of the time allotted to the respective calendar month within the contract period minus the maintenance periods. The Provider shall carry out the maintenance work, as far as this is possible, during periods of low usage. If the security of operations or the maintenance of network integrity is at risk, the Provider may temporarily restrict access to the services as required.
2.5 If the customer transmits content on the system resources intended for the customer, the customer shall make backup copies. The provider regularly creates backups of the system resources and is only liable if explicitly stated in the service description or individually agreed with the provider.
2.6 The provider is entitled to adapt the hardware and software used to provide the services to the current state of the art. If such adaptation results in additional requirements for the content stored by the customer on the system resources in order to guarantee the provision of the provider's services, the provider shall inform the customer of these additional requirements in good time. In this case, the customer must inform the provider no later than four weeks before the changeover date whether he will adapt his content to the additional requirements in time for the changeover - i.e. no later than three working days before the changeover date. If the customer refuses to adapt his content or does not declare his willingness to do so to the Provider within the aforementioned period, the Provider may terminate the contractual relationship with effect from the changeover date.
2.7 The provider also takes over the procurement of internet domain(s). For this purpose the customer has to name the internet domain(s) he wishes to use. The provider does not guarantee the availability of the desired internet domain(s) or the non-infringement of third-party rights (e.g. rights to names, trademarks or titles) by registering the desired internet domain(s) with the customer. If the desired Internet domain(s) should no longer be available, the Provider shall inform the Customer immediately. The Provider is not responsible for obtaining rights to Internet domains already registered for third parties by the responsible registry. The integration of an external internet domain administered by another provider may, under certain circumstances, restrict the service(s) to be provided and/or may lead to the partial or complete loss of support services on the part of the provider. This may be the case, for example, if the software used by the other provider is incompatible with that of this provider or, in the event of technical problems, the provider is unable to perform analyses on the systems of the other provider.  The provider has to register the internet domain in the name and on account of the customer. In particular in the selection of the Internet domain name and the registry as well as in the negotiations on the conditions, the Provider must independently protect the financial interests of the Customer and use its expertise in the service of the Customer. On request, the Provider shall provide the Customer with information about the status and progress of his undertakings in this matter at any time and render an account. All rights and name rights acquired in the Internet domain are the property of the customer.
2.8 Technical support services, apart from those required to make the system resources themselves available, are not included in the offers, unless otherwise stated in the service description or individually agreed with the provider.
 
 
3) Changes in services
 
3.1 The provider reserves the right to change the services offered or to offer different services, unless this is not reasonable for the customer.
3.2 Furthermore, the provider reserves the right to change the services offered or to offer different services,
- insofar as he is obliged to do so due to a change in the legal situation;
- insofar as he thereby complies with a court judgment or a decision of the authorities directed against him;
- insofar as the respective change is necessary to close existing security gaps;
- if the change is merely advantageous for the customer; or
- if the change is of a purely technical or procedural nature and has no significant impact on the customer.
3.3 Changes with only insignificant influence on the services of the provider do not constitute changes in performance in the sense of this clause. This applies in particular to changes of a purely graphical nature and the mere change in the arrangement of functions.
 
 
4) Conclusion of contract
 
4.1 The services described on the provider's website do not represent binding offers on the part of the provider, but serve to make a binding offer by the customer.
4.2 The customer can submit the offer using the online order form provided on the website of the provider. After entering his personal data by clicking on the button concluding the order process, the Customer submits a legally binding offer to enter into a contract for the selected services. Furthermore, the Customer may also submit the offer to the Provider by telephone, fax, e-mail or post.
4.3 The provider can accept the customer's offer within five days,
- by sending the customer an order confirmation in written or text form (e-mail, fax or letter), whereby the receipt of the order confirmation by the customer is decisive, or
- by requesting the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends with the expiry of the fifth day following the sending of the offer. If the Provider does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.
4.4 If a payment method offered by PayPal is selected, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as "PayPal"), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not have a PayPal account - subject to the Terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a method of payment offered by PayPal which can be selected in the online order process, the provider declares the acceptance of the customer's offer already now at the moment the customer clicks the button which concludes the order process.
4.5 When submitting an offer via the provider's online order form, the text of the contract will be saved by the provider after the conclusion of the contract and sent to the customer in written or text form (e.g. e-mail, fax or letter) after the customer has sent his order. The Provider shall not make the contract text accessible beyond this. If the Customer has set up a user account for the Provider's secure online customer portal before sending his order, the order data will be archived in the Provider's secure online customer portal and can be accessed by the Customer free of charge via his password-protected user account by entering the relevant login data.
4.6 Only the German and English languages are available for the conclusion of the contract.
4.7 The order processing and contact are usually carried out via e-mail, ticket system and automated order processing. The customer has to make sure that the e-mail address given by him for order processing is correct, so that the e-mails sent by the provider can be received under this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Provider or third parties commissioned by the Provider to process the order can be delivered.
 
 
5) Right of withdrawal
 
Consumers are generally entitled to a right of withdrawal. More detailed information on the right of revocation can be found in the revocation instruction of the provider.
 
 
6) Duties of the customer
 
6.1 The customer is obliged to comply with the provisions of the Telecommunications Act and the Telemedia Act and to check and fulfil these on his own responsibility.
6.2 The customer undertakes not to store any content on the system resources made available that violates applicable law or infringes the rights of third parties. Furthermore, the customer shall ensure that programs, scripts or similar installed by him/her do not endanger the operation of the server or the communication network of the provider or the security and integrity of other data stored on the servers of the provider.
6.3 The customer indemnifies the provider from all claims - of whatever kind - which third parties assert against the provider due to the illegality of the commands executed by the customer on the system resources and/or stored contents. The customer takes over the costs of the necessary legal defense including all court and lawyer costs. In addition, the customer is liable to the provider for compensation of all direct and indirect expenses and damages arising from this. In the event of a claim by third parties, the customer is obliged to provide the provider immediately, truthfully and completely with all information necessary for the examination of the claims and a defence.
6.4 In the event of an imminent or actual breach of the above obligations, as well as in the event of the assertion of not obviously unfounded third-party claims against the Provider due to the content stored on the system resources, the Provider is entitled to temporarily suspend the connection of this content to the Internet in whole or in part with immediate effect, taking into account the legitimate interests of the Customer. The Provider shall inform the Customer of this measure without delay.
6.5 Furthermore, the customer shall ensure that commands executed by him, installed programs, scripts or similar do not endanger the operation of the system resources or the communication network of the provider or the security and integrity of other data stored on the system resources of the provider. If such a case occurs, the provider may cancel, deactivate or uninstall these commands, programs, scripts etc. If the removal of the threat or impairment requires this, the provider is also entitled to restrict access to the system resources as far as necessary. The provider will inform the customer about this measure immediately.
6.6 For access to the system resources intended for the customer, the customer shall receive a user ID and a changeable password. The customer is obliged to change the password at regular intervals. The customer may only pass on the password to those persons who have been authorized by the customer to access the system resources. The customer is liable for any misuse resulting from unauthorized use of the password. If the customer learns that unauthorized third parties have knowledge of the password, he must inform the provider immediately. If, through the customer's fault, third parties use the services of the provider through misuse of the passwords, the customer is liable to the provider for usage fees and damages. In case of suspicion, the customer therefore has the option of requesting a new password, which the Provider will then send to the customer.
6.7 The sending of spam mails is prohibited. This includes in particular the sending of illegal, unsolicited advertising to third parties. Furthermore, when sending e-mails, it is prohibited to falsify or otherwise conceal the sender's data or the identity of the sender. In the event of non-compliance, the provider is entitled to block access to the system resources immediately and, under certain circumstances, to make claims for damages against the customer.
6.8 The scanning of foreign networks and IP addresses is prohibited.
6.9 The use of fake source IPs is prohibited.
6.10 The manual changing of the hardware address (MAC) is prohibited.
 
 
7) Remuneration and terms of payment
 
7.1 The respective current prices apply, which can be viewed at any time at https://www.1st-Cloud.net.
7.2 Unless otherwise stated in the service description of the provider, the prices quoted are total prices which include the statutory value added tax of the respective country in which the customer is resident.
7.3 The customer will be informed of the payment options and payment modalities on the website of the provider.
7.4 The remuneration will be paid by the customer in the agreed billing intervals via one of the available payment options in the secure online customer portal. If the payment could not be made successfully with the means of payment indicated by the Customer, the Customer shall bear the fees resulting from the chargeback of the respective credit institution or payment gateway provider, if the Customer is responsible for this.
7.5 If any payment periods granted in the invoice are exceeded, the Provider shall be entitled to charge interest on arrears even without a reminder. If the customer is a consumer, the amount of the default interest shall be 5 percentage points above the base rate. If the customer is an entrepreneur, the amount of interest on arrears is 9 percentage points above the base interest rate.
7.6 In addition, the Provider is entitled to restrict access to the Customer's system resources in the event of default and to withhold all other services.
7.7 Invoices can be viewed in the secure online customer portal. In addition, invoices are sent to the customer by e-mail as an attachment when they are issued. If the customer wishes invoices to be delivered by post, an appropriate processing fee is to be charged. In the case of retrospective changes to invoices which are not the fault of the provider, the provider is entitled to charge an appropriate processing fee.
7.8 If the payment method "PayPal Credit" (payment by instalments via PayPal) is selected, the provider assigns his payment claim to PayPal. Before accepting the Provider's declaration of assignment, PayPal shall carry out a credit assessment using the customer data provided. The seller reserves the right to refuse the customer the payment method "PayPal Credit" in case of a negative check result. If the payment method "PayPal Credit" is allowed by PayPal, the customer has to pay the invoice amount to PayPal according to the conditions set by the seller, which are communicated to him on the website of the seller. In this case he can only pay to PayPal with debt discharging effect. However, even in the event of assignment of claims, the Provider shall remain responsible for general customer enquiries, e.g. regarding performance, provision time, availability or credit notes.
7.9 If the payment method "IMMEDIATELY" is selected, the payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter "IMMEDIATELY"). In order to be able to pay the invoice amount via "IMMEDIATELY", the customer must have an online banking account that has been activated for participation in "IMMEDIATELY", must legitimize himself accordingly during the payment process and confirm the payment instruction to "IMMEDIATELY". The payment transaction will be executed immediately afterwards by "IMMEDIATELY" and the customer's bank account will be debited. Further information on the "IMMEDIATE" payment method can be found on the Internet at https://www.klarna.com/sofort/.
7.10 If advance payment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless the parties have agreed upon a later due date.
7.11 - Credit card payment via BS PAYONE
If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. The processing of the payment method credit card payment is carried out in cooperation with BS PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, to which the provider assigns his payment claim. The BS PAYONE GmbH collects the invoice amount from the indicated credit card account of the customer. In the case of the assignment can only be made to BS PAYONE GmbH with debt discharging effect. The debit of the credit card takes place immediately after sending the customer order in the online shop. The offerer remains also with selection of the payment method credit card payment over BS PAYONE GmbH responsible for general customer inquiries e.g. to the achievement, provision time, availability or to credits.
- Credit card payment via Secupay
If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. The processing of the credit card payment method is carried out in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag), to which the provider assigns his payment claim. secupay AG collects the invoice amount from the customer's credit card account. In the event of assignment, payment can only be made to secupay AG with debt discharging effect. The credit card will be charged immediately after the customer's order is sent in the online shop. Even if the payment method credit card payment via secupay AG is selected, the provider remains responsible for general customer inquiries, e.g. regarding performance, provision time, availability or credit notes.
- Credit card payment via Stripe
If you choose the payment method credit card via Stripe, the invoice amount is due immediately upon conclusion of the contract. The payment is processed by the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). Stripe reserves the right to carry out a credit assessment and to refuse this method of payment if the credit assessment is negative.
- Credit card payment via Wirecard
If the credit card payment method via Wirecard is selected, the payment will be processed by Wirecard Bank AG, Einsteinring 35, 85609 Aschheim (https://www.wirecardbank.com/) to which the Seller assigns his payment claim. Wirecard Bank AG will collect the invoice amount from the customer's credit card account indicated. In the event of assignment, payment can only be made to Wirecard Bank AG with debt discharging effect. The credit card will be debited immediately after the customer's order has been sent via the Seller's online shop. Even if the credit card payment method via Wirecard is selected, the Seller remains responsible for general customer inquiries, e.g. regarding performance, provision time, availability or credit notes.
Reference is made to the information provided by Wirecard Bank AG in accordance with Article 13 DSGVO within the scope of processing credit card payments at https://www.wirecardbank.de/DSGVO.
7.12 - If the SEPA Direct Debit payment method is selected, the invoice amount is due for payment after a SEPA Direct Debit Mandate has been issued, but not before the expiry of the deadline for advance information. The direct debit is collected when the ordered goods leave the Seller's warehouse, but not before the expiry of the period for advance information. Pre-notification is any communication (e.g. invoice, policy, contract) from the seller to the customer announcing a debit via SEPA direct debit. If the direct debit is not honoured due to a lack of sufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit although he is not entitled to do so, the customer shall bear the fees arising from the chargeback by the respective bank if he is responsible for this.
- If the SEPA Direct Debit payment method is selected, the invoice amount is due for payment after a SEPA Direct Debit Mandate has been issued, but not before the deadline for the advance information has expired. The direct debit is collected when the ordered goods leave the seller's warehouse, but not before the expiry of the period for advance information. Pre-notification is any communication (e.g. invoice, policy, contract) from the seller to the customer announcing a debit via SEPA direct debit. If the direct debit is not honoured due to a lack of sufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit although he is not entitled to do so, the customer shall bear the fees arising from the chargeback by the respective bank if he is responsible for this. The Seller reserves the right to carry out a credit check when selecting the SEPA direct debit payment method and to reject this payment method if the credit check is negative.
- In the case of a purchase by direct debit, the payment amount is due immediately for payment by direct debit through our external partner Billpay GmbH, Zinnowitzer Str. 1, 10115 Berlin (hereinafter "Billpay") from the current account specified in the order process at the bank specified there (the current account). You hereby issue Billpay with a SEPA direct debit mandate to collect payments due and instruct your financial institution to honour the direct debits. Billpay's Creditor Identification Number is DE19ZZ00000237180. The mandate reference number will be communicated to you by e-mail at a later date, together with a template for a written mandate. You will also sign and send this written mandate to Billpay. Note: Within eight weeks, starting from the date of debiting, you can request reimbursement of the amount debited. The conditions agreed with your financial institution apply. Please note that the claim due remains valid even in the event of a return debit note. You can find further information on https://www.billpay.de/sepa.
The advance information on the collection of the SEPA direct debit will be sent to you by email to the email address you provided during the ordering process at least one day before the due date. If the current account does not have the required coverage, the account-holding bank is not obliged to honour the direct debit. Partial redemptions are not carried out in the direct debit procedure. The payment method purchase by direct debit does not exist for all offers and requires, among other things, a successful credit check by Billpay, as well as a current account maintained in Germany. If the customer is permitted to purchase by direct debit for certain offers after checking the creditworthiness, the payment shall be processed in cooperation with Billpay, to which the seller assigns his payment claim. Even in the case of purchase by direct debit via Billpay, the seller shall remain responsible for general customer enquiries (e.g. concerning the goods, delivery time, dispatch), returns, complaints, declarations of revocation and consignments or credit notes. The General Terms and Conditions of Billpay apply, which can be accessed via the following link:
By specifying the current account, you confirm that you are entitled to direct debit via the corresponding current account and that you will provide the necessary coverage. Returned direct debits are associated with a high effort and costs for the seller and Billpay. In the event of a return debit note (due to lack of necessary cover for the current account, due to expiry of the current account or unjustified objection by the account holder), you authorise Billpay to submit the debit note for the respective due payment obligation a second time. In such a case, you shall be obliged to pay the costs incurred by the return debit note. Further claims are reserved. You shall be given the opportunity to prove that the return debit note incurred lower costs or no costs at all. In view of the effort and costs involved in return debits and in order to avoid the processing fee, we ask you not to object to the debit in the event of a revocation or withdrawal from the purchase contract, a return or a complaint. In such a case, after consultation with the seller, the reversal of the payment will be effected by retransfer of the corresponding amount or by credit note.
- If the payment method direct debit via Heidelpay is selected, the payment is processed via the payment service provider Heidelberger Payment GmbH, Vangerowstr. 18, 69115 Heidelberg (hereinafter referred to as "Heidelpay"), to which the seller assigns his payment claim. Before accepting the seller's declaration of assignment, Heidelpay will carry out a credit assessment using the transmitted customer data. The seller reserves the right to refuse the customer the payment method direct debit via Heidelpay in case of a negative check result. If the payment method Direct Debit via Heidelpay is permitted by Heidelpay, Heidelpay shall collect the invoice amount from the customer's bank account after a SEPA Direct Debit mandate has been issued, but not before the expiry of the period for advance information. Pre-notification is any communication (e.g. invoice, policy, contract) to the customer announcing a debit via SEPA Direct Debit. If the direct debit is not honoured due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit although he is not entitled to do so, the customer shall bear the fees arising from the chargeback by the respective bank if he is responsible for this.
The payment method direct debit via Heidelpay is excluded,
- if the order value falls below the amount of 25.00 Euro,
- if the delivery address provided by the customer is not identical to the billing address, in particular if a packing station or a post office box is specified as the delivery address, or
- if the customer has not yet reached the age of 18.
The seller also reserves the right to offer the payment method direct debit via Heidelpay only up to a certain order volume and to reject this payment method if the specified order volume is exceeded. In this case the seller will inform the customer in his payment information in the online shop about a corresponding payment restriction.
- If the payment methods "direct debit via ipayment" or "credit card via ipayment" are selected, payment will be processed via the ipayment payment system of 1&1 Internet AG, which will forward the customer's payment request to the respective payment provider. The General Terms and Conditions of the respective payment provider apply to the payment processing, which the customer can and must take note of and accept as part of the electronic payment process. The payment methods "direct debit via ipayment" or "credit card via ipayment" are subject to the reservation that the respective payment provider accepts the customer's payment request.
- If you choose the payment method direct debit (debit note), the invoice amount is due immediately upon conclusion of the contract. The payment method direct debit (debit entry) requires a successful credit assessment by Masterpayment LTD, 483 Green Lanes, London, N13 4BS, Great Britain ("Masterpayment"). If the customer, after a credit assessment, is allowed to use direct debit, the payment will be processed in cooperation with net-m privatbank 1891 AG, Odeonsplatz 18, 80539 Munich, Germany ("net-m privatbank 1891 AG"), to which the seller assigns his payment claim. In this case, net-m privatbank 1891 AG is revocably authorised to collect the invoice amount from the customer's specified account. In the event of assignment, payment can only be made to net-m privatbank 1891 AG with debt discharging effect. The direct debit takes place when the ordered goods leave the seller's warehouse. The seller remains responsible for general customer enquiries, e.g. about the goods, delivery time, dispatch, returns, complaints, declarations of revocation and shipments or credit notes, even if the payment method bank collection (direct debit) via Masterpayment is selected.
- If the payment method direct debit is selected, the payment processing is carried out by the payment service provider Novalnet AG, Gutenbergstr. 2, D-85737 Ismaning (hereinafter "Novalnet"). In this case, payment shall be made by direct debit from the Customer's bank account, provided that the Customer has previously issued a SEPA mandate to the Seller. The direct debit of the purchase price from the Customer's bank account will take place one bank working day after Novalnet has completed the order under the creditor ID: DE53ZZZ00000004253. The period for pre-notification is reduced to one day. If the direct debit is not honoured due to lack of sufficient account cover or due to the indication of incorrect bank details or if the customer objects to the direct debit although he is not entitled to do so, the customer has to bear the fees resulting from the back-posting of the respective credit institution if he is responsible for this.
- If the SEPA direct debit payment method is selected, the payment will be processed by the technical service provider Paymill GmbH, St.-Cajetan-Straße 43, 81669 Munich, in cooperation with Lufthansa AirPlus Servicekarten GmbH, Dornhofstr. 10, 63263 Neu-Isenburg, Germany, or Wirecard Bank AG, Einsteinring 35, 85609 Aschheim, Germany. The invoice amount is due for payment after a SEPA Direct Debit Mandate has been issued, but not before the expiry of the deadline for advance information. The direct debit will be collected when the ordered goods leave the seller's warehouse, but not before expiry of the period for advance information. Pre-notification is any communication (e.g. invoice, policy, contract) from the seller to the customer announcing a debit via SEPA direct debit. If the customer acts as a consumer, the period for pre-notification is reduced to five days for first-time direct debits and to two days for subsequent direct debits. If the customer acts as a business, the period for advance information is reduced to one day for both first and subsequent direct debits. The period for the advance information starts on the following day and ends for consumers on the fifth day in the case of first direct debits, on the second day in the case of subsequent debits and for entrepreneurs on the day following the advance information. If the last day of the period falls on a Saturday, a Sunday or a general holiday recognised by the state at the customer's place of business, the next working day shall take the place of such day. If the direct debit is not honoured due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit although he/she is not entitled to do so, the customer shall bear the fees arising from the chargeback by the respective bank if he/she is responsible for this.
- If the payment method direct debit is selected, the payment processing is carried out by the payment service provider payolution GmbH, Am Euro Platz 2, 1120 Vienna, Austria (hereinafter referred to as "Payolution") in cooperation with net-m privatbank 1891 AG, Odeonsplatz 18, 80539 Munich, Germany ("net-m privatbank 1891 AG"), to which the seller assigns his payment claim. In this case, payment is made by direct debit from the customer's bank account, provided the customer has previously issued a SEPA mandate to net-m privatbank 1891 AG. The purchase price will be debited from the customer's bank account one bank working day after the order has been completed by net-m privatbank 1891 AG. The period for pre-notification is reduced to one day. Within eight weeks, beginning with the debit date, the customer can request reimbursement of the amount debited. The conditions agreed with his financial institution apply. The customer must, however, note that the claim due remains valid even in the event of a return debit note. If the current account does not have the necessary cover, the account-holding bank is not obliged to honour the claim. Partial redemptions are not made in the direct debit procedure. If the direct debit is not honoured due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit although he/she is not entitled to do so, the customer shall bear the fees arising from the return debit of the respective bank if he/she is responsible for this. In the event of assignment, payment can only be made to net-m privatbank 1891 AG with debt-discharging effect. The seller remains responsible for general customer enquiries (e.g. regarding the goods, delivery time, dispatch, returns, complaints, declarations of revocation and shipments or credit notes), even when purchasing by direct debit.
- If the payment method "PayPal Direct Debit" is selected, PayPal will collect the invoice amount from the customer's bank account after a SEPA Direct Debit mandate has been issued, but not before the expiry of the period for advance information on behalf of the seller. Pre-notification is any communication (e.g. invoice, policy, contract) to the customer announcing a debit by SEPA Direct Debit. If the direct debit is not honoured due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit although he is not entitled to do so, the customer shall bear the fees arising from the chargeback by the respective bank if he is responsible for this.
- In the case of a purchase by direct debit, the payment amount shall be due immediately for payment by direct debit by our external partner RatePay GmbH, Franklinstraße 28-29, 10587 Berlin (hereinafter "RatePay") from the current account specified in the order process at the bank specified there (the current account). You hereby issue RatePay with a SEPA direct debit mandate to collect due payments and instruct your financial institution to honour the direct debits. The mandate reference number will be sent to you at a later date by email together with a template for a written mandate. You will also sign this written mandate and send it to RatePay. Note: Within eight weeks, starting from the date of the debit, you can request reimbursement of the amount debited. The conditions agreed with your financial institution apply. Please note that the claim due remains valid even in the case of a return debit note.
The advance information on the collection of the SEPA direct debit will be sent to you by email to the email address you provided during the ordering process at least one day before the due date. If the current account does not have the necessary cover, the account-holding bank is not obliged to honour the debit. Partial redemptions are not carried out in the direct debit procedure. The payment method purchase by direct debit requires a successful credit check by RatePay, as well as a current account in Germany. If the customer is permitted to purchase by direct debit for certain offers after checking the creditworthiness, the payment shall be processed in cooperation with RatePay, to which the seller assigns his payment claim. The seller shall also remain responsible for general customer enquiries (e.g. regarding the goods, delivery time, dispatch), returns, complaints, declarations of revocation and consignments or credit notes when purchasing by direct debit via RatePay. The general terms and conditions of RatePay apply, which can be accessed via the following link:
By specifying the current account, you confirm that you are entitled to direct debit via the corresponding current account and that you will provide the necessary coverage. Returned direct debits are associated with a high effort and costs for the seller and RatePay. In the event of a return debit note (due to lack of necessary cover for the current account, due to expiry of the current account or unjustified objection by the account holder) you authorise RatePay to submit the debit note for the respective due payment obligation a second time. In such a case you are obliged to pay the costs incurred by the return debit note. Further claims are reserved. You shall be given the opportunity to prove that the costs incurred by the return debit note were lower or even non-existent. In view of the effort and costs involved in return debits and in order to avoid the processing fee, we ask you not to object to the debit in the event of a revocation or withdrawal from the purchase contract, a return or a complaint. In such a case, after consultation with the seller, the reversal of the payment will be effected by retransfer of the corresponding amount or by credit note.
- If the payment method bank collection (direct debit) is selected, the invoice amount is due immediately upon conclusion of the contract. The payment method direct debit (debit entry) requires a successful credit assessment by secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag). If the customer is permitted to make the direct debit (debit entry) after checking his creditworthiness, the payment is processed in cooperation with secupay AG, to which the provider assigns his payment claim. In this case, secupay AG is revocably authorized to collect the invoice amount from the customer's specified account. In the event of assignment, payment can only be made to secupay AG with debt-discharging effect. The direct debit is carried out immediately after sending the customer's order in the online shop. Even if the payment method of direct debit via secupay AG is selected, the provider remains responsible for general customer enquiries, e.g. about the goods, delivery time, dispatch, returns, complaints, declarations of revocation and shipments or credit notes.
- If the payment method direct debit via Stripe is selected, the payment processing is carried out by the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). In this case, Stripe will collect the invoice amount from the customer's bank account after a SEPA Direct Debit mandate has been issued, but not before the expiry of the period for advance information on behalf of the seller. Pre-Notification" is any communication (e.g. invoice, policy, contract) to the Customer announcing a debit by SEPA Direct Debit. If the direct debit is not honoured due to insufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the debit although he is not entitled to do so, the customer shall bear the fees arising from the chargeback by the respective bank if he is responsible for this. The Seller reserves the right to carry out a credit check when selecting the SEPA direct debit payment method and to reject this payment method if the credit check is negative.
 
 
8) Duration and termination of the contract
 
8.1 The contract is concluded for an unlimited period of time, unless otherwise stated in the service description or individually agreed with the provider. The contract can be terminated by both parties with a notice period of 30 days to the end of the month, in the case of a contractually agreed minimum contract period, at the earliest at the end of this period.
8.2 The right of extraordinary termination for good cause on the part of the Provider remains unaffected. Good cause shall be deemed to exist if, taking into account all circumstances of the individual case and weighing the interests of both parties, the Provider cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.
8.3 Notices of termination must be given via the secure online customer portal, in text form (e.g. by e-mail) or in writing by letter.
8.4 After termination of the contractual relationship, the Provider is entitled to restrict access to the Customer's system resources and to delete them. The provider is not obliged to release data after termination of the contract, unless otherwise agreed at least two weeks before termination of the contract.
 
 
9) Liability
 
9.1 If the provider negligently violates the Telecommunications Act, a statutory ordinance issued on the basis of this Act, an obligation imposed in an allocation on the basis of this Act or an order of the Federal Network Agency when providing telecommunications services to the public, liability to the customer for financial losses shall be limited in accordance with § 44a of the Telecommunications Act.
9.2 Otherwise, the Provider shall be liable for damages and reimbursement of expenses from all contractual, quasi-contractual and statutory claims, including tortious claims, as follows
9.2.1 The provider shall be liable without limitation for any legal reason
- in case of intent or gross negligence,
- in the event of intentional or negligent injury to life, body or health,
- on the basis of a guarantee promise, unless otherwise regulated in this respect,
- due to mandatory liability such as under the Product Liability Act.
9.2.2 If the provider negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical for the contract, unless unlimited liability is granted in accordance with the above clause. Material contractual obligations are obligations which the contract imposes on the provider in accordance with its content in order to achieve the purpose of the contract, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the customer may regularly rely.
9.2.3 Any further liability of the provider is excluded, unless otherwise stated in the service description or individually agreed.
9.2.4 The above liability regulations also apply with regard to the liability of the provider for his vicarious agents and legal representatives.
 
 
10) Amendment of the ToS
 
10.1 The provider reserves the right to change these GTC at any time without giving reasons, unless this is not reasonable for the customer. The provider will inform the customer about changes of the GTC in time in text form. If the Customer does not object to the validity of the new GTC within a period of four weeks after notification, the amended GTC shall be deemed to have been accepted by the Customer. In the notification, the Provider shall inform the Customer of his right to object and the significance of the objection period. If the customer objects to the amendments within the aforementioned period, the contractual relationship may be continued under the original or other individually agreed terms and conditions, taking into account all circumstances of the individual case, otherwise the Provider is entitled to terminate the contractual relationship at the next possible date.
10.2 Furthermore, the provider reserves the right to change these GTC,
- insofar as he is obliged to do so due to a change in the legal situation;
- insofar as he thereby complies with a court judgment or a decision of the authorities directed against him;
- insofar as he introduces additional, completely new services, services or service elements which require a service description in the GTC, unless the previous user relationship is adversely affected by this;
- if the change is merely advantageous for the customer; or
- if the change is purely technical or process-related, unless it has a significant impact on the customer.
10.3 The customer's right of termination shall remain unaffected.
 
 
11) Applicable law, place of jurisdiction
 
The law of the Federal Republic of Germany shall apply to all legal relations between the parties. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
 
 
12) Alternative dispute resolution
 
12.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
12.2 The provider is not obliged to take part in a dispute resolution procedure before a consumer arbitration board, but is generally willing to do so.

Last Update: 07/26/2020 - 13:29pm