Terms of Condition
General terms and conditions and consumer protection for customer orders with respect to the online shop managed by Florian P. Meyer, working as a freelancer under the name “Financial Career” (“the Vendor”) and the customers (“the Client”).
§1 Scope and General Remarks
(1) Subject to any individual agreements and negotiations which are superior to these general terms and conditions, the general terms and conditions apply exclusively for the entire business relationship between the Vendor and the Client. Unless anything else has been agreed with the Client, the inclusion of the Client’s individual terms shall not apply.
(2) The Client is a retail customer to the extent the products or services rendered by the Vendor cannot be attributed to his commercial or self-employment activities. In contrast, the Client is a professional customer (including natural and legal persons) who acts via his order for the purpose of his commercial or self-employment activities.
§2 Signing of Contracts
(1) The contract is signed with:
Financial Career
Florian P. Meyer
Jägerstraße 14
D-51645 Gummersbach
(2) The general characteristics of the products or services sold can be inferred from the product description provided by the Vendor.
(3) The entire offering in the Vendor’s online shop shall only constitute a non-binding offer to the Client to make the Vendor a purchase proposal. Once the Vendor received an order from the Client, the Vendor will first provide an order confirmation to the Client (usually via e-mail on the same day). This order confirmation does not constitute an acceptance of the purchase proposal by the Vendor. The contract will be separately confirmed by the Vendor to the Client. The order process of the workshop works as follows:
(4) The Client can select products and services and collect them in a virtual cart by pressing the button „Add to cart“. Via clicking on “Add to cart”, the Client will be available to have on overview on any products or services selected by him. By pressing the button “Purchase”, the Client makes a binding purchase proposal to the Vendor for all products and services in the virtual cart. Before placing a binding order, the Client can by using the “back” and “forward” functions of this browser (typically shown as arrows) or the online shop’s corresponding functions change the products and services included in his cart and also review and change any information entered. The order can only be placed if the Client confirms by ticking the respective box via a click that these general terms and conditions will apply and thus become part of the contract signed between the Client and the Vendor. The Vendor will provide an automatic receipt confirmation for the order in which the order will be outlined again and which can be printed by the Client. This automatic notice only confirms that the order has been received by the Vendor and does not constitute the signing of a contract or an acceptance of the order by the Vendor. The contract will only be signed via a separate notice (usually via a separate email) of the Vendor on the acceptance of the purchase proposal made by the Client.
§ 3 Object of Agreement, Nature of Products and Services, Delivery, Availability of Products and Services
(1) Subject of the contract are the specified products and services selected by the Client which are listed in the order confirmation and which are sold at the prices shown in the online shop. Any orders are subject and remain reserved to any errors and mistakes especially with respect to the availability of the products or services offered.
(2) The nature of the products and services offered can be derived from the product description in the online shop. Pictures in the online shop may show products inaccurately; especially colours can differ for technical reasons significantly. Pictures are only provided for illustrative purposes only and may deviate from the actual product. Technical information such as weight, size or performance descriptions are generally made by the Vendor as precise as possible but can be subject to typical deviations. The characteristics described here do not constitute a deficiency of the products or services sold by the Vendor.
(3) If at the time of the order no products or services are on stock, the Vendor will notice the Client immediately. If the product or service is permanently not available, the Vendor with reject the Client’s order. No contract is agreed between the Vendor and the Client in this case.
(4) If the product or service ordered by the Client is only temporarily not available, the Vendor will give notice to the Client accordingly via the confirmation of the receipt of the order. In case of any delivery delays in excess of two weeks, the Client is entitled to cancel the contract. Additionally, the Vendor is entitled to cancel the contract at any time for any reason. In this case the Vendor has to fully refund any payments already made by the Client immediately.
§ 4 Delivery, Prices and Shipping Costs
(1) Any products to be shipped will be provided to the shipping company within two business after receipt of payment or two business days after the order confirmation in case of cash on delivery shipping. The delivery time may take up to five business days. The Vendor will highlight any individually deviating shipping times in the product description.
(2) Delivery is only possible within the borders of the European Union.
(3) Any prices for products and services include the national VAT. Any shown prices are retail prices including VAT and excluding any shipping costs which will be highlighted separately to the Client. The Client will receive an invoice with separately shown VAT.
§ 5 Payment
Payment is done via prepayment (Bank transfer, Pay Pal) or via cash on delivery.
§ 6 Transport Damages
(1) If products are delivered with obvious and visible transport damages, the Client is kindly ask to immediately report the damage at the responsible shipping company and notify the Vendor.
(2) If the Client misses out to contact the shipping company or the Vendor this shall not impact the Client’s general rights but significantly helps the Vendor to address claims with the shipping company or the transport insurer.
§ 7 Materials Defect Liability
(1) The Vendor is liable for any material defects following the statutory provisions by the law of the Federal Republic of Germany, especially §§ 434 ff BGB.
(2) A warranty is only offered for delivered products to the extent that warranty has been explicitly offered in the product description and the order confirmation.
(3) The Client can address any claims with respect to material defects with the address shown in online shops imprint or any other contact details provided by the Vendor in the course of the order process
§ 8 Retention of Ownership
Until payment in full any delivered products remain the property of the Vendor.
§ 9 Liability
The statutory provisions by the law of the Federal Republic of Germany apply.
§ 10 Contract Text
The text of the contract will be saved on the internal systems of the Vendor. The general terms and conditions can be reviewed by the Client at any time using his account. The order data and the general terms and conditions are additionally provided to the Client via e-mail. Following an order, the order data itself will be no longer available via the internet for security reasons.
§ 11 Closing Provisions
(1) The contract language is German. Any information provided in English to the Client is only provided for the comfort of the Client.
(2) All contracts between the Vendor and the Client are based on the law of the Federal Republic of Germany under exclusion of any laws with respect to the international purchase of products or services. This choice of law only applies to retail Clients to the extent national law enforces respective provisions regarding the current residence of the Client and for the purpose of not precluding the Client from his consumer protection.
(3) To the extent the Client is not considered a retail client but a professional counterparty (corporation, self-employment, legal person, government body etc.), the legal domicile and place of jurisdiction is always Frankfurt am Main, Germany. This applies also if the Client has no legal domicile in Germany or the European Union or if his residence is unknown at the time of commencement of proceedings.
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Source: Translated from the German version provided by Rechtsanwalt Metzler - Rechtsanwalt für Wettbewerbsrecht, Markenrecht und Urheberrecht
§1 Scope and General Remarks
(1) Subject to any individual agreements and negotiations which are superior to these general terms and conditions, the general terms and conditions apply exclusively for the entire business relationship between the Vendor and the Client. Unless anything else has been agreed with the Client, the inclusion of the Client’s individual terms shall not apply.
(2) The Client is a retail customer to the extent the products or services rendered by the Vendor cannot be attributed to his commercial or self-employment activities. In contrast, the Client is a professional customer (including natural and legal persons) who acts via his order for the purpose of his commercial or self-employment activities.
§2 Signing of Contracts
(1) The contract is signed with:
Financial Career
Florian P. Meyer
Jägerstraße 14
D-51645 Gummersbach
(2) The general characteristics of the products or services sold can be inferred from the product description provided by the Vendor.
(3) The entire offering in the Vendor’s online shop shall only constitute a non-binding offer to the Client to make the Vendor a purchase proposal. Once the Vendor received an order from the Client, the Vendor will first provide an order confirmation to the Client (usually via e-mail on the same day). This order confirmation does not constitute an acceptance of the purchase proposal by the Vendor. The contract will be separately confirmed by the Vendor to the Client. The order process of the workshop works as follows:
(4) The Client can select products and services and collect them in a virtual cart by pressing the button „Add to cart“. Via clicking on “Add to cart”, the Client will be available to have on overview on any products or services selected by him. By pressing the button “Purchase”, the Client makes a binding purchase proposal to the Vendor for all products and services in the virtual cart. Before placing a binding order, the Client can by using the “back” and “forward” functions of this browser (typically shown as arrows) or the online shop’s corresponding functions change the products and services included in his cart and also review and change any information entered. The order can only be placed if the Client confirms by ticking the respective box via a click that these general terms and conditions will apply and thus become part of the contract signed between the Client and the Vendor. The Vendor will provide an automatic receipt confirmation for the order in which the order will be outlined again and which can be printed by the Client. This automatic notice only confirms that the order has been received by the Vendor and does not constitute the signing of a contract or an acceptance of the order by the Vendor. The contract will only be signed via a separate notice (usually via a separate email) of the Vendor on the acceptance of the purchase proposal made by the Client.
§ 3 Object of Agreement, Nature of Products and Services, Delivery, Availability of Products and Services
(1) Subject of the contract are the specified products and services selected by the Client which are listed in the order confirmation and which are sold at the prices shown in the online shop. Any orders are subject and remain reserved to any errors and mistakes especially with respect to the availability of the products or services offered.
(2) The nature of the products and services offered can be derived from the product description in the online shop. Pictures in the online shop may show products inaccurately; especially colours can differ for technical reasons significantly. Pictures are only provided for illustrative purposes only and may deviate from the actual product. Technical information such as weight, size or performance descriptions are generally made by the Vendor as precise as possible but can be subject to typical deviations. The characteristics described here do not constitute a deficiency of the products or services sold by the Vendor.
(3) If at the time of the order no products or services are on stock, the Vendor will notice the Client immediately. If the product or service is permanently not available, the Vendor with reject the Client’s order. No contract is agreed between the Vendor and the Client in this case.
(4) If the product or service ordered by the Client is only temporarily not available, the Vendor will give notice to the Client accordingly via the confirmation of the receipt of the order. In case of any delivery delays in excess of two weeks, the Client is entitled to cancel the contract. Additionally, the Vendor is entitled to cancel the contract at any time for any reason. In this case the Vendor has to fully refund any payments already made by the Client immediately.
§ 4 Delivery, Prices and Shipping Costs
(1) Any products to be shipped will be provided to the shipping company within two business after receipt of payment or two business days after the order confirmation in case of cash on delivery shipping. The delivery time may take up to five business days. The Vendor will highlight any individually deviating shipping times in the product description.
(2) Delivery is only possible within the borders of the European Union.
(3) Any prices for products and services include the national VAT. Any shown prices are retail prices including VAT and excluding any shipping costs which will be highlighted separately to the Client. The Client will receive an invoice with separately shown VAT.
§ 5 Payment
Payment is done via prepayment (Bank transfer, Pay Pal) or via cash on delivery.
§ 6 Transport Damages
(1) If products are delivered with obvious and visible transport damages, the Client is kindly ask to immediately report the damage at the responsible shipping company and notify the Vendor.
(2) If the Client misses out to contact the shipping company or the Vendor this shall not impact the Client’s general rights but significantly helps the Vendor to address claims with the shipping company or the transport insurer.
§ 7 Materials Defect Liability
(1) The Vendor is liable for any material defects following the statutory provisions by the law of the Federal Republic of Germany, especially §§ 434 ff BGB.
(2) A warranty is only offered for delivered products to the extent that warranty has been explicitly offered in the product description and the order confirmation.
(3) The Client can address any claims with respect to material defects with the address shown in online shops imprint or any other contact details provided by the Vendor in the course of the order process
§ 8 Retention of Ownership
Until payment in full any delivered products remain the property of the Vendor.
§ 9 Liability
The statutory provisions by the law of the Federal Republic of Germany apply.
§ 10 Contract Text
The text of the contract will be saved on the internal systems of the Vendor. The general terms and conditions can be reviewed by the Client at any time using his account. The order data and the general terms and conditions are additionally provided to the Client via e-mail. Following an order, the order data itself will be no longer available via the internet for security reasons.
§ 11 Closing Provisions
(1) The contract language is German. Any information provided in English to the Client is only provided for the comfort of the Client.
(2) All contracts between the Vendor and the Client are based on the law of the Federal Republic of Germany under exclusion of any laws with respect to the international purchase of products or services. This choice of law only applies to retail Clients to the extent national law enforces respective provisions regarding the current residence of the Client and for the purpose of not precluding the Client from his consumer protection.
(3) To the extent the Client is not considered a retail client but a professional counterparty (corporation, self-employment, legal person, government body etc.), the legal domicile and place of jurisdiction is always Frankfurt am Main, Germany. This applies also if the Client has no legal domicile in Germany or the European Union or if his residence is unknown at the time of commencement of proceedings.
======================================================================================
Source: Translated from the German version provided by Rechtsanwalt Metzler - Rechtsanwalt für Wettbewerbsrecht, Markenrecht und Urheberrecht