General terms and conditions and customer information
I. General terms and conditions
§ 1 Basic Provisions
(1) The following terms and conditions apply to all contracts that you conclude with us as a supplier via the goldstar-marketing.net website. Unless otherwise agreed, the inclusion of your own conditions that may have been used by you 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 independent professional activity. An entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, is exercising 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 the corresponding button integrated in the shop system, you will be redirected to the PayPal log-in page. After you have successfully registered, your address and account details stored with PayPal will be displayed. You will be redirected back to the order overview page in our online shop using the “continue” button.
If you use the “amazon payments” payment system by clicking the “Pay via amazon” button integrated in the shop system, you will be forwarded to the amazon.de login page. After you have successfully registered, your shipping addresses and payment methods stored at amazon.de will be displayed. You select the shipping address and payment method and you will be redirected back to our online shop using the “next” button.
When paying via “amazon payments” you will receive this confirmation email from amazon.de.
If you have chosen the payment system “amazon-payments”, the offer will be accepted (contract conclusion) within 2 days by confirmation by e-mail 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 is partly automated by e-mail. (2) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail.
§ 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 email at the latest immediately after conclusion of the contract. Our possible specifications on file formats must be observed.
(2) You undertake not to transmit any data whose content violates the rights of third parties (in particular copyrights, naming rights, trademark rights) or which violate existing laws. You expressly indemnify 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 and we do not assume any liability for errors.
§ 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 requested to check the item for completeness, obvious defects and transport damage immediately upon delivery and to notify us and the freight forwarder of any complaints as soon as possible. If you fail to do so, 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 this does not remove the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (favourability principle).
(2) The place of fulfillment for all services from the business relationships with us as well as the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, legal entity under public law or public law special fund. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is not known at the time the action is brought. 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
II. Customer information
BB Internet Agency UG (limited liability)
Address: Im Oberdorf 18, 75181 Pforzheim
Register number: HRB 738072, AG Mannheim
Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.
2. Information on the formation 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 provisions “Conclusion of the contract” in 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 electronically saved using the browser’s print function. After we have received the order, the order data, the information required by law for distance sales 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’s seal quality criteria of the Händlerbund Management AG and the associated Ecommerce Europe Trustmark Code of Conduct, which can be viewed at: http://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatslösungen.pdfand https: //www.ecommercetrustmark.eu/the-code-of-conduct/
5. Essential characteristics of the product or service
The essential characteristics of the goods and / or services can be found in the respective offer.
6. Prices and payment methods
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 labeled 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 the delivery is made to countries outside the European Union, we may incur additional costs for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of the banks), which you must bear. You also have to bear any costs incurred for the money transfer in cases in which the delivery takes place in an EU member state, but the payment was initiated outside the European Union.
6.4. The payment methods available to you are shown under a corresponding button on our website or in the respective offer.
6.5. Unless otherwise specified 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 corresponding button on our website or in the respective offer.
7.2. As far as you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment is only transferred to you when the goods are handed over, 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 entrepreneur or a person otherwise appointed to carry out the shipment.
8. Statutory warranty rights
The liability for defects is based on the “Warranty” regulation in our General Terms and Conditions (Part I).
These terms and conditions and customer information were created by the lawyers of the Händlerbund who specialize in IT law and are constantly checked for legal conformity. The Händlerbund Management AG guarantees the legal security 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 review deletions
§ 1 Scope / General
(1) For the business relationship between BB Internetagentur, Im Oberdorf 18, 75181 Pforzheim (hereinafter “Contractor”) and the customer (hereinafter “Client”), the following General Terms and Conditions apply exclusively in the version valid at the time the contract was concluded.
(2) Deviating general terms and conditions of the client will not be 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. According to § 14 BGB, an entrepreneur is any natural or legal person or legal partnership who, when concluding the contract, is exercising their commercial or independent professional activity.
§ 2 Conclusion of the contract
(1) The contract is concluded when the contractor’s offer is confirmed by the client. The client’s binding commitment is made verbally (by telephone) or in text form. The contractor then sends an order confirmation to the client by email. The commissioning by employees of the client is attributable to the client.
(2) By concluding the contract, the client accepts the contractor’s terms and conditions.
(3) The contract is concluded in German. The text of the contract is saved in compliance with data protection.
§ 3 Terms of Payment
(1) The contractor only bills the client for the 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 term on the invoice, otherwise payment has to be made within 10 days. The client is already in default by failing to meet the payment deadline. In this case he has to pay the contractor default interest in the amount of 9 percentage points above the base rate. Any return debit fees are to be borne by the client.
(3) The obligation of the client to pay default interest does not exclude the assertion of further damages caused by the default by the contractor.
(4) The client is only entitled to offset against the contractor if his counterclaims have been legally established, are undisputed or have been recognized by the contractor. The client may only exercise a right of retention insofar as the counterclaim is based on the same contractual relationship.
§ 4 Services / Obligations for the deletion of an evaluation
(1) The contractor only owes the request for deletion.
(2) The client is obliged to cooperate and has to provide the contractor with all necessary information and data in an easy-to-process form 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 the consent of the client being required. The contractor is entitled to partial services.
(4) The client is fundamentally free to choose suitable means of fulfilling the order.
(5) The contractor requests the deletion within a reasonable time frame. When and whether a deletion occurs is at the discretion of the portal on which a review is published. For the contractor to be entitled to remuneration, the only decisive factor is whether it will be deleted, but not when it was done.
(6) The contractor does not owe any particular success.
(7) The client is responsible for compliance with statutory provisions. 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 evaluator in connection with the deletion of a review.
(9) If the evaluator publishes a deleted evaluation again on the same platform or in another way, the contractor does not owe a renewed cancellation request. The client remains obliged to pay. However, the client is free to place a new order.
§ 5 cancellation / withdrawal
The client has no contractual right to cancel or withdraw from the contract. The contractor is free to refuse orders or to only partially fulfill them.
§ 6 Liability of the contractor
(1) Claims of the client for damages are excluded. Excluded from this are claims for damages by the client due to injury to life, limb or health of the client 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 are based. Essential contractual obligations are those whose fulfillment is necessary to achieve the goal of the contract.
(2) In the event of a breach of essential contractual obligations, the contractor is only liable for the foreseeable damage typical for the contract, if this was caused simply by negligence, unless it concerns claims for damages by the client from injury to life, limb or health.
(3) The contractor is not liable for the lost profit.
(4) The restrictions according to para. 1 to 3 also apply in favor of the contractor’s legal representatives and vicarious agents if claims are asserted directly against them.
§ 7 Confidentiality between the parties
(1) “Confidential information” means all information, files and documents about business transactions of the other party that are known to the other party.
(2) Both parties undertake to keep confidential information concerning the other party confidential and to use it only for the execution of this contract and the purpose pursued with it.
(3) Both parties undertake to impose confidentiality obligations on all employees and / or third parties who have access to the aforementioned business transactions.
(4) The duty of confidentiality 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 were already published at the time of disclosure by the client without this being due to a breach of confidentiality by the other party, c) which the other party has expressly approved in writing for disclosure, d) received by the other party lawfully and without any restrictions relating to confidentiality from other sources, 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 developed itself without access to the client’s confidential information, f) which have to be disclosed due to legal information, information and / or publication obligations or official orders.
§ 8 data protection
(1) The client consents 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 DSGVO. A transfer of data to third parties does not take place unless this is necessary for the execution of the contract or consent has been given.
(2) Insofar as the client transmits the data from 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 of the person affected by the data processing arise 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 personal data
* Article 16 – Right to rectification
* Article 17 – Right to cancellation (“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 their rights, the client or the person concerned is asked to contact the contractor by email or, in the event of a complaint, to the competent supervisory authority.
(5) The contractor affirms that it 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 requires a power of attorney for 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 applies to contracts between the contractor and the client, excluding the UN sales law. The statutory provisions 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 apply, if they exist. To the extent that this would represent unreasonable hardship for one of the contracting parties, the contract as a whole becomes ineffective.
As of December 20, 2020