Terms and Conditions and Customer Information
I. Terms and Conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts which you conclude with us as a supplier via the reviewer-rating.de website. Unless otherwise agreed, the inclusion of any terms you may have used is contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods.
Our offers on the Internet are non-binding and not a binding offer to conclude a contract.
If you use the “PayPal – Express” instant payment system by clicking on the correspondingly designated button integrated in the shop system, you will be forwarded to the PayPal log-in page. After successful registration, your address and account data stored with PayPal will be displayed. Clicking on the “continue” button will take you back to the order overview page in our online shop.
If you use the “amazon-payments” payment system by clicking on the “Pay via amazon” button integrated in the shop system, you will be redirected to the amazon.de log-in page. After successful registration, your shipping addresses and payment methods stored at amazon.de will be displayed. You select the shipping address and payment method and are redirected back to our online shop via the “continue” button.
When paying via “amazon payments” you will receive this confirmation email from amazon.de.
If you have selected the “amazon-payments” payment system, the offer will be accepted (conclusion of contract) within 2 days by a confirmation email from amazon.de, in which you will be informed of the delivery of the goods.
(2) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Individually designed goods
(1) You provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by e-mail immediately after the conclusion of the contract at the latest. Any of our specifications for file formats must be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly release us from all third-party claims asserted in this context. This also applies to the costs of the legal representation required in this context.
(3) We do not check the transmitted data for correctness of content and assume no liability for errors in this respect.
§ 4 Right of retention, retention of title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
§ 5 Warranty
(1) The statutory warranty rights apply.
(2) As a consumer, you are asked to check the item for completeness, obvious defects and transport damage immediately upon delivery and to inform us and the carrier of any complaints as soon as possible. If you do not comply, this has no effect on your statutory warranty claims.
§ 6 Choice of Law, Place of Performance, Place of Jurisdiction
(1) German law applies. For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn (principle of favourability).
(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction is our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your domicile or habitual abode is not known at the time the action is filed. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.
(3) The provisions of the UN Sales Convention expressly do not apply.
II. Customer Information
1. Identity of Seller
Nicolaou Nicolaide Avenue No 3,
8010 Paphos, Cyprus.
Alternative Dispute Resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available athttps://ec.europa.eu/odr.
2. Information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations “Conclusion of the contract” of our General Terms and Conditions (Part I.).
3. Contract language, contract text storage
3.1. Contract language is German.
3.2. We do not save the full text of the contract. Before sending the order, the contract data can be printed out or saved electronically using the print function of the browser. After we have received the order, the order data, the information required by law for distance contracts and the General Terms and Conditions will be sent to you again by email.
4. Codes of Conduct
4.1. We have submitted to the buyer seal quality criteria of Händlerbund Management AG and the Ecommerce Europe Trustmark Code of Conduct, which can be viewed at: http://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatsinstrumente.pdfandhttps: //www.ecommercetrustmark.eu/the-code-of-conduct/
5. Essential characteristics of the goods or service
The essential features of the goods and/or service can be found in the respective offer.
6. Prices and terms of payment
6.1. The prices listed in the respective offers as well as the shipping costs represent total prices. They contain all price components including all applicable taxes.
6.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective offer, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
6.3. If delivery is made to countries outside the European Union, additional costs for which we are not responsible may be incurred, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate fees), which you must bear. You must also bear the costs incurred for the money transfer in cases where the delivery is made to an EU member state but the payment was made outside the European Union.
6.4. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
6.5. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
7. Terms of Delivery
7.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective offer.
7.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the contractor or another person responsible for carrying out the shipment.
8. Statutory liability for defects
Liability for defects is based on the “Warranty” provision in our General Terms and Conditions (Part I).
These General Terms and Conditions and customer information were created by the Händlerbund’s lawyers, who specialize in IT law, and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal certainty of the texts and is liable in the event of warnings. You can find more information on this at: http://www.haendlerbund.de/agb-service.
The following terms and conditions apply to the deletion of ratings
§ 1 Scope / General
(1) For the business relationship between deReviewer-Rating LTD
Nicolaou Nicolaide Avenue No 3,
8010 Paphos, Cyprus. (hereinafter referred to as “contractor”) and the customer (hereinafter referred to as “client”) are exclusively subject to the following general terms and conditions in the version valid at the time the contract was concluded.
(2) Deviating general terms and conditions of the client are not recognized unless the contractor expressly agrees to their validity in writing.
(3) The client assures that he is acting as an entrepreneur and not as a consumer. Pursuant to § 14 BGB, an entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or self-employed professional activity.
§ 2 Conclusion of the contract
(1) The contract is concluded when the client confirms the contractor’s offer. The client’s binding commitment is made verbally (by telephone) or in text form. The contractor then sends an order confirmation by e-mail to the client. The assignment by employees of the customer is to be attributed to the customer.
(2) With the conclusion of the contract, the client accepts the general terms and conditions of the contractor.
(3) The contract is concluded in German. The text of the contract is stored in compliance with data protection.
§ 3 Terms of Payment
(1) The contractor only invoices the client for successful deletions. Payment is made by bank transfer. A deletion is considered successful if it has been removed from the rating platform or is no longer publicly visible.
(2) The due date depends on the payment target on the invoice, otherwise payment must be made within 10 days. The customer is already in default by missing the payment date. In this case, he has to pay the contractor interest on arrears for the year in the amount of 9 percentage points above the base interest rate. Any returned direct debit fees shall be borne by the customer.
(3)The customer’s obligation to pay default interest does not exclude the contractor’s assertion of further default damages.
(4)The customer is only entitled to set off against the contractor if his counterclaims have been legally established, are undisputed or have been recognized by the contractor. The customer may only exercise a right of retention to the extent that the counterclaim is based on the same contractual relationship.
§ 4 Services / Obligations when deleting a rating
(1) The contractor only owes the application for deletion.
(2) The client is obliged to cooperate and must provide the contractor with all necessary information and data in a form that is easy to process in order to be able to fulfill the agreed services. The provision of illegal content is prohibited.
(3) The contractor is authorized to commission subcontractors and lawyers without requiring the consent of the client. The contractor is entitled to partial performance.
(4) The customer is fundamentally free to choose suitable means of fulfilling the order.
(5) The contractor shall request deletion within a reasonable time frame. When and whether it is deleted is at the discretion of the portal on which a review is published. For the origin of a claim for remuneration by the contractor, it is therefore only decisive whether a deletion takes place, but not when this took place.
(6)The contractor does not owe any specific success.
(7) The client is responsible for compliance with legal regulations. In particular, the contractor does not check whether the deletion of an evaluation violates legal regulations.
(8) The contractor is not responsible if there is a legal dispute between the client and the reviewer in connection with the deletion of a review.
(9) If the reviewer republishes a deleted review on the same platform or elsewhere, the contractor does not have to submit a new deletion request. The customer remains obliged to pay. However, the client is free to place a new order.
§ 5 Cancellation / Withdrawal
There is no contractual right to cancellation or withdrawal by the customer. The contractor is free to refuse orders or only partially fulfill them.
§ 6 Liability of the Contractor
(1) Claims by the client for damages are excluded. Excluded from this are claims for damages by the customer resulting from injury to life, limb or health of the customer from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages resulting from an intentional or grossly negligent breach of duty by the contractor, his legal representatives or vicarious agents based. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.
(2) In the event of a breach of essential contractual obligations, the contractor shall only be liable for the contractually typical, foreseeable damage if this was caused simply by negligence, unless the client has claims for damages resulting from injury to life, limb or health.
(3) The contractor is not liable for lost profits.
(4) The restrictions according to para. 1 to 3 also apply to the legal representatives and vicarious agents of the contractor if claims are asserted directly against them.
§ 7 Confidentiality between the parties
(1) “Confidential information” is all information, files and documents about business transactions of the other party that the other party becomes aware of.
(2)Both parties undertake to maintain secrecy about the other party’s confidential information and to use it only for the implementation of this contract and the purpose pursued with it.
(3) Both parties undertake to impose the duty of confidentiality on all employees and/or third parties who have access to the aforementioned business transactions.
(4)The confidentiality obligation according to para. 2 does not apply to information a) which were already known to the other party when the contract was concluded, b) which had already been published by the client at the time it was passed on, without this resulting from a breach of confidentiality by the other party, c) which the other party has expressly released in writing for disclosure, d) which the other party has lawfully received from other sources without restrictions affecting confidentiality, provided that the disclosure and use of this confidential information does not violate contractual agreements, statutory provisions or official orders, e) which the other party has developed itself without access to the Confidential Information of the Client, f) which must be disclosed due to legal information, notification and/or publication obligations or official orders.
§ 8 data protection
(1) The client agrees to the storage of personal data in the context of the business relationship with the contractor, in compliance with data protection laws, in particular the BDSG and the GDPR. Data will not be passed on to third parties unless this is necessary for the execution of the contract or consent has been given.
(2) If the customer transmits the data of third parties (e.g. customers, employees), he assures that he has obtained the consent of the third party and releases the contractor from any claims in this regard.
(3)The rights of the client or the person affected by the data processing result in particular from the following standards of the GDPR:
* Article 7 para. 3 – Right to withdraw consent under data protection law
* Article 15 – Right of access of the data subject, right to confirmation and provision of a copy of the personal data
* Article 16 – Right to rectification
* Article 17 – Right to erasure (“right to be forgotten”)
* Article 18 – Right to restriction of processing
* Article 20 – Right to data portability
* Article 21 – Right to object
* Article 22 – Right not to be subject to a decision based solely on automated processing, including profiling
* Article 77 – Right to lodge a complaint with a supervisory authority
(4) In order to exercise the rights, the client or the person concerned is asked to contact the contractor by email or, in the event of a complaint, to the responsible supervisory authority.
(5) The contractor assures that he has taken appropriate technical and organizational measures to ensure the security of personal data and to reduce the risk for the persons concerned.
§ 9 Power of Attorney
If the platform operator who was requested to delete the data requires a power of attorney for the deletion, the client is obliged to transmit this to the contractor.
§ 10 Final Provisions, Severability Clause
(1) The law of the Federal Republic of Germany shall apply to contracts between the contractor and the customer, excluding the UN Sales Convention. The statutory provisions on restricting the choice of law and the applicability of mandatory provisions remain unaffected.
(2)The place of jurisdiction and place of performance for all disputes arising from contractual relationships between the client and the contractor is the contractor’s registered office in Larnaca (Cyprus).
(3) The contract remains binding in its remaining parts even if individual points are legally ineffective. In place of the ineffective points, the statutory provisions, if any, apply. Insofar as this would represent unreasonable hardship for one of the contracting parties, the contract as a whole will become ineffective.
As of December 20, 2020