I. General, clientele
1. the following “general terms and conditions” (hereinafter: the “terms”) apply to all contracts, offers and services concluded via our website between us, BASIC thinking GmbH, In der Weid 16, 53894 Mechernich, and our customers. We hereby object to any terms and conditions of business of the customer that deviate from our terms and conditions and do not recognize them even if no further objection is made on our part due to the deviations. These terms and conditions shall also apply to all future services or offers to the customer, even if they are not separately agreed upon again.
2. oral agreements, as well as collateral agreements and changes are only valid if they are confirmed by us in writing. Telecommunicative transmission, in particular by e-mail, shall be sufficient to comply with the written form.
3. our product offer is directed exclusively to entrepreneurs. For the purposes of these terms and conditions, an “entrepreneur” is a natural or legal person or a partnership with legal capacity who, when concluding the contract, is acting in the exercise of his commercial or independent professional activity (§ 14 BGB).
II Offer and Conclusion of Contract
1. Our offers on the website are non-binding.
2. by placing an order via the order forms on the website www.basicthinking.gmbh, the customer makes a binding offer to purchase one of the services offered by us. We can accept the offer until the end of the third working day following the day of the offer. 3.
3. immediately after receipt of the offer we will send the customer a confirmation of receipt of the offer, which does not constitute an acceptance of the offer, but merely confirms receipt of the order.
4. if the customer has not received a rejection of the offer from us by the end of the third working day following the day of the offer, the offer shall be deemed to have been accepted by us and the contract shall have been concluded.
5. The legal relationship between us and the customer shall be governed solely by the contract concluded on the basis of the order placed by the customer, including these terms and conditions. This reflects all agreements between the contracting parties on the subject matter of the contract. Verbal promises made by us prior to the conclusion of this contract are not legally binding and verbal agreements between the contracting parties shall be replaced by the concluded contract, unless it is expressly stated in each case that they shall continue to be binding. Additions and amendments to the contract concluded must be made in writing or text form in order to be effective.
III Prices, Payment
1. The prices stated on the website referred to in Section II.2 above are net prices and are subject to the statutory value added tax.
2. there is no payment process via our web pages, payment is made exclusively via invoicing on our part. Our invoices are due within the payment period stated in the invoice after receipt of the invoice. If nothing else is agreed, then a payment term of 14 working days from receipt of the invoice applies.
3. if nothing else is agreed, we issue the invoice within 10 working days after receipt of the booking.
4. if the customer does not pay on the due date, we are free to charge interest on the outstanding amounts from the due date at 9% p.a.; the right to claim higher interest and further damages in the event of default remains unaffected.
5. the customer shall not be entitled to any right of set-off or retention unless the counterclaim is undisputed or has been finally determined by a court of law.
IV. Delivery time
1. deadlines and dates for services promised by us are always only approximate, unless a fixed deadline or date has been expressly promised or agreed.
2. we may – without prejudice to our rights arising from default on the part of the customer – demand from the customer an extension of service deadlines or a postponement of service deadlines by the period of time during which the customer fails to meet its contractual obligations towards us.
3. we are not liable for impossibility of the service or for service delays, as far as these are caused by force majeure or other events, which were not foreseeable at the time of the conclusion of the contract (e.g. not correct or not timely supply by customers with information or materials necessary for the provision of the service; failures of servers, on which our web pages are hosted, if these servers do not belong to us), which we are not responsible for. We will immediately inform the customer about the unavailability of the service in time. If such events make it significantly more difficult or impossible for us to provide the service and the hindrance is not only of a temporary nature, we are entitled to withdraw from the contract. In the event of withdrawal, we shall immediately reimburse the customer for the corresponding consideration paid to us. In the event of hindrances of temporary duration, the service obligations shall be extended or postponed by the period of the hindrance plus a reasonable start-up period. If the customer cannot reasonably be expected to accept the service as a result of the delay, he may withdraw from the contract by immediately notifying us in writing. 4.
If we are in default with a service or if a service becomes impossible for us, for whatever reason, our liability for damages shall be limited in accordance with Section VI of these Terms and Conditions.
V. Granting of rights
In order to fulfill the contractually agreed service, the customer shall grant us all rights of use necessary for this purpose, in particular for distribution in electronic form and for making available to the public the material made available to us, in particular the images and videos submitted (hereinafter: Material).
VI Warranty, Liability
1. unlimited access to our websites at any time is expressly not guaranteed, because the servers hosting our websites do not belong to us. Claims, including claims for reduction, can only be considered if the web pages are not accessible for at least one hour per day or five hours per week. Apart from that, the warranty period for warranty claims is 12 months. The assertion requires the written form.
2. Our liability for damages, irrespective of the legal grounds, in particular for impossibility, delay, defective or incorrect service, breach of contract, breach of duties in contract negotiations and tort, shall be limited in accordance with the provisions of this Section VI, insofar as fault is involved in each case.
3. In the event of damage to property and financial loss caused by negligence, we and our vicarious agents shall only be liable in the event of a breach of a material contractual obligation, but limited in amount to the damage foreseeable at the time of conclusion of the contract and typical for the contract; material contractual obligations are those whose performance characterizes the contract and on which the customer may rely.
4. the limitation of our liability in these terms and conditions shall not apply to intentional conduct or gross negligence, to guaranteed characteristics, to injury to life, limb or health or to liability under the Product Liability Act.
VII Liability of the Customer, Granting of Rights
1. the customer guarantees that the material provided by him for the fulfillment of the service neither infringes the rights of third parties nor violates applicable law. A review in this regard on our part does not take place. In particular, the customer shall ensure that no third-party trademark or name rights or copyrights are violated and that no laws against unfair competition are violated. 2.
The customer shall indemnify us against all claims of third parties asserted against us on the basis of the material provided by him. We shall inform the customer immediately if third parties assert claims. The customer may undertake the defense himself, for which he is hereby authorized and empowered. He shall be obliged to bear all costs incurred for this purpose. 3.
In the event of claims asserted by third parties on the basis of the material provided by the customer, we shall be entitled to remove this material from our website immediately, unless the claims are obviously unfounded.
VIII. Links and labeling
1. Unless otherwise stated, all links set by BASIC thinking GmbH are so-called “nofollow” links in accordance with the current Google guidelines for setting links.
2. all advertising measures are always marked as “advertisement”.
IX. Final provisions
1. changes or additions to the contract must be in writing, this also applies to the change of this written form requirement.
2. the exclusive place of jurisdiction is Mechernich. However, we are entitled to sue the customer at his general place of jurisdiction or at any place of action.
3. These terms and conditions shall remain binding in the effective parts even if individual provisions are legally ineffective.