I. General, Customer Base
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 customer terms and conditions that deviate from our Terms and do not recognize them even if no further objection is made on our part due to deviations. The Terms 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 confirmed by us in writing. To comply with the written form, telecommunicative transmission, especially by e-mail, is sufficient.
3. Our product range is exclusively aimed at entrepreneurs. For the purposes of these Terms, an „entrepreneur“ is a natural or legal person or a partnership with legal capacity, acting in the exercise of its commercial or independent professional activity when concluding the contract (§ 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 basicthinking.gmbh, the customer makes a binding offer to purchase one of the services we offer. We can accept the offer until the end of the third working day following the day of the offer.
3. We will immediately send the customer a confirmation of receipt of the offer after receipt, which does not constitute 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 is considered accepted by us, and the contract has been concluded.
5. The sole basis for the legal relationship between us and the customer is the concluded contract based on the order placed by the customer, including these Terms. This reflects all agreements between the contracting parties concerning the subject matter of the contract. Oral promises made by us before the conclusion of this contract are legally non-binding, and oral agreements between the contracting parties are replaced by the concluded contract, unless it is expressly stated that they continue to apply in a binding manner. Amendments and changes to the agreed contract require written or textual form to be effective.
III. Prices, Payment
1. The prices stated on the website mentioned in section II.2 above are net prices and apply plus the statutory value-added tax.
2. There is no payment process via our websites; payment is made exclusively by invoicing on our part. Our invoices are due within the payment term specified in the invoice after receipt of the invoice. If nothing else is agreed, a payment term of 14 working days from receipt of the invoice applies.
3. If nothing else is agreed, we will issue the invoice within 30 working days after receipt of the booking.
4. If the customer does not make payment when due, we are free to charge interest on outstanding amounts from the due date at 9% p.a.; the assertion of higher interest and further damages in case of default remains unaffected.
5. The customer has no right to offset or withhold payment unless the counterclaim is undisputed or legally established.
IV. Delivery Time
1. Timeframes and deadlines for the services provided by us are always approximate unless a fixed deadline or a fixed date has been expressly agreed upon.
2. Regardless of our rights due to the customer’s delay, we can demand an extension of service deadlines or a postponement of service dates from the customer for the period in which the customer does not fulfill their contractual obligations to us.
3. We are not liable for the impossibility of the service or for service delays, insofar as these are caused by force majeure or other events not foreseeable at the time of contract conclusion (e.g., incorrect or untimely delivery of information or materials necessary for the service by the customer; server failures hosting our websites, provided these servers are not owned by us). We will promptly inform the customer of the unavailability of the service. If such events significantly impede or make the service impossible and the hindrance is not of a temporary nature, we are entitled to withdraw from the contract. In case of withdrawal, we will immediately refund the corresponding consideration paid to us by the customer. For temporary obstacles, the service obligations are extended or postponed by the duration of the hindrance plus a reasonable lead time. If the customer cannot reasonably accept the service due to the delay, they may withdraw from the contract by promptly submitting a written declaration to us.
4. If we are in default with a service or if a service becomes impossible for any reason, our liability for damages is limited according to Section VI of these terms and conditions.
V. Granting of Rights
To fulfill the contractually agreed service, the customer grants us all necessary usage rights, especially for electronic distribution and public access to the materials provided by the customer, particularly the submitted images and videos (hereinafter: material).
VI. Warranty, Liability
1. Unlimited access to our websites at all times is expressly not guaranteed, as the servers hosting our websites are not owned by us. Claims for a reduction will only be considered in cases of website inaccessibility for at least one hour per day or five hours per week. Apart from that, the warranty period for warranty cases is 12 months. Assertion requires written form.
2. Our liability for damages, regardless of the legal basis, especially for impossibility, delay, inadequate or incorrect service, breach of contract, breach of duties in contract negotiations, and tort, is limited according to Section VI of these terms and conditions if there is a fault.
3. In the case of negligently caused material and financial damages, we and our agents are only liable for the breach of a significant contractual obligation but limited in amount to foreseeable and typical damages at the time of contract conclusion; significant contractual obligations are those whose fulfillment shapes the contract and on which the customer can rely.
4. The limitation of our liability in these terms and conditions does not apply to intentional behavior or gross negligence, guaranteed quality features, injury to life, body, or health, or liability under the Product Liability Act.
VII. Customer Liability, Granting of Rights
1. The customer guarantees that the material provided by them for fulfilling the service does not violate the rights of third parties or applicable law. We do not conduct a review in this regard. The customer ensures that no foreign trademark, name rights, or copyrights are infringed, and no violation of the Act against Unfair Competition occurs.
2. The customer indemnifies us from all claims of third parties made against us due to the material provided by the customer. We will promptly inform the customer if third parties assert claims. The customer may assume defense themselves, for which they are hereby authorized and empowered. They are obliged to bear all costs incurred.
3. We are entitled to immediately remove the material provided by the customer from our website if third parties assert claims due to the material, 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 according to the current Google guidelines for setting links.
2. All advertising measures will always be labeled as „Anzeige“ (German word for „Ad“)
IX. Final Provisions
1. Changes or additions to the contract require the written form; this also applies to any amendment of this written form requirement.
2. The exclusive jurisdiction is Mechernich. However, we are entitled to sue the customer at their general place of jurisdiction or at any place of action.
3. These conditions remain binding in their effective parts even if individual provisions are legally ineffective.