Table of contents
1. scope of application
2. conclusion of contract
3. right of withdrawal
4. prices and terms of payment
5. duration and termination of the contract in the case of continuing obligations
6. liability for defects
7. applicable law
8. alternative dispute resolution
9. code of conduct
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 "Seller"), apply to all contracts for the provision of services, which 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. 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.
2) Conclusion of contract
The customer can send a non-binding request for an offer to the provider by telephone, fax, e-mail, letter or via the online contact form available on the provider's website. Upon the Customer's request, the Provider shall send the Customer a binding offer to provide the service previously selected by the Customer by e-mail, fax or letter. The Customer can accept this offer by submitting a declaration of acceptance to the Provider by fax, e-mail or letter or by paying the remuneration offered by the Provider within 7 (seven) days of receipt of the offer, whereby the day of receipt of the offer is not included in the calculation of the period. For acceptance by payment, the date of receipt of payment by the Provider shall be decisive. If the last day of the period for acceptance of the offer falls on a Saturday, Sunday, or a general holiday recognised by the state at the Customer's registered office, the next working day shall take the place of such day. If the Customer does not accept the Offer of the Provider within the aforementioned period, the Provider shall no longer be bound by his Offer. The provider will again specifically point this out to the customer in his offer.
3) 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.
4) Prices and terms of payment
Unless otherwise stated in the service description of the Provider, the prices quoted are total prices which include the statutory value added tax.
5) Duration and termination of the contract in the case of continuous obligations
5.1 Information on the duration and termination of the contract, in particular on the termination modalities for services rendered within the scope of continuing obligations, will be provided to the customer within the scope of the respective service description on the website of the provider.
5.2 The right to extraordinary termination for good cause 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 terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.
5.3 Notice of termination must be given in writing or in text form (e.g. by e-mail).
6) Liability for defects
The provider is liable for defects in the service provided in accordance with the provisions of statutory liability for defects.
7) Applicable law
7.1 All legal relations between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
7.2 Furthermore, this choice of law with regard to the statutory right of revocation shall not apply to consumers who do not belong to any member state of the European Union at the time of conclusion of the contract and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.
8) Alternative dispute resolution
8.1 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.
8.2 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.
9) Code of Conduct
The provider has subjected itself to the conditions of participation for the eCommerce initiative "Fairness in Trade", which can be viewed on the Internet at https://www.fairness-im-handel.de/teilnahmebedingungen/.
Last Update: 07/26/2020 - 13:32pm