Terms of Service
by startuptogo

General terms and conditions in connection with the conclusion of contracts via the website
www.startuptogo.org

 

between 

Benedikt Tillmann GmbH, Mühlenstraße 45, 18439 Stralsund, HRB 21704 District Court of Stralsund

- hereinafter "provider" -

and

the customer specified in § 2 of the contract 

- hereinafter "customer" - 

be closed. 
 

§ 1 Scope, definitions 

(1) The provider offers digital goods via the website with the URL "www.startuptogo.org" (hereinafter: "Shop").

(2) The following general terms and conditions apply exclusively to the business relationship between the provider and the customer in the version valid at the time of the order. Deviating general terms and conditions of the customer are not recognized unless the provider expressly agrees to their validity in writing. 

 

(3) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to his commercial or independent professional activity. On the other hand, 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 independent professional activity.

§ 2 Conclusion of contract 

(1) The presentation of the goods in the shop does not constitute a legally binding offer, but only serves as an invitation to submit an offer. 

(2) Customer within the meaning of the contract is anyone who submits an offer to purchase goods from the provider. The customer can select products from the supplier's range and collect them in a so-called shopping cart by clicking the "Add to shopping cart" button. By clicking on the “Order with obligation to pay” button, he makes a binding offer to purchase the goods in the shopping cart. By submitting the offer, the customer accepts these contractual provisions and thereby includes them in his offer declaration. 

(3) If the provider sends the customer an automatic confirmation of receipt, this only documents that the customer's order has been received by the provider. This expressly does not represent acceptance of the application. The acceptance of the contract takes place through a separate declaration of acceptance by the provider, eg through the shipping notification from the provider, at the latest upon receipt of the goods.

(4) The contract language is German.

 

 

§ 3 Delivery, availability of goods 

(1) Whether the goods are kept in stock or produced to order can be found in the item descriptions. If the item description does not indicate this, it can be assumed that it will be made to order.

(2) After receiving the payment, the provider must make the product available to the customer within five working days. 

(6) The provider makes the products available to the customer's e-mail address, which is specified as the shipping address during the ordering process. If additional costs arise as a result of shipping (e.g. customs, VAT, etc.), these are to be borne by the customer. The product is also considered provided if the customer has had the opportunity to download the product from the website immediately after payment. 

§ 4 Retention of title

The delivered goods remain the property of the provider until full payment has been made. 

§ 5 Prices and shipping costs 

(1) The prices displayed in the shop are net purchase prices. The provider does not pay sales tax due to § 19 UStG.  

(2) The provider only bears the shipping risk if the customer is a consumer in the sense of the German Civil Code. 

§ 6 Payment modalities 

(1) The customer can choose between the payment options specified by the provider. It is pointed out that the terms and conditions of the respective payment service provider may apply in addition to these provisions. 

(2) The purchase price is due immediately by pressing the button "Order with obligation to pay". 

(3) The obligation of the customer to pay default interest does not exclude the assertion of further default damages by the provider. 

§ 7 Notes on digital products

(1) The products are provided once. It is not a permanent deployment. 

(2) We no longer update the content of our products to the customer (§ 327f BGB) after the product has been provided. 

(3) Naturally, we cannot guarantee that the products fit the customer's needs, in particular the legal texts. In case of doubt, the customer must consult a lawyer of his choice. 

(4) The legal texts have been drafted with the aim of making a proposal for the legal protection of a "typical" customer.

(5) The legal texts are created with the utmost care, but do not claim to be complete or correct. They are to be understood as a checklist with formulation aids and are only intended to offer a suggestion as to how the typical interests between the parties can be properly balanced. However, this does not release the customer from the careful independent examination.

(6) The legal texts are only suggestions for possible regulations. Many definitions are freely agreeable. The customer can also choose other formulations. Before accepting the unchanged content, it is therefore in your own interest to carefully consider whether and in what parts an adjustment to the specific situation to be regulated and legal developments is necessary.

§ 8 Notes on using the products

(1) The customer is not permitted to register property rights for the products. 

(2) Only the customer is entitled to use the products. He may not pass the products on to third parties unless the sense and purpose of the product requires them to be passed on to a third party. 

§ 9 Warranty rights & guarantees 

(1) Unless otherwise expressly agreed below, the statutory right to liability for defects shall apply.

(2) The following applies to the conclusion of a contract with entrepreneurs: Claims for material defects become time-barred within one year of handover or delivery of the goods.

(3) The above restrictions and shortening of deadlines for entrepreneurs and consumers do not apply to claims based on damage caused by the provider, his legal representatives or vicarious agents

- in the event of injury to life, limb or health,

- in the case of intentional or grossly negligent breach of duty and fraudulent intent,

- in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligations)

- within the framework of a guarantee promise, insofar as agreed with the provider himself or

- as far as the area of application of the Product Liability Act is open.

(6) The provider itself does not give any guarantees that go beyond the statutory warranty. If the manufacturer of the goods gives a so-called manufacturer's guarantee on the goods, you will find the exact conditions on the respective product page or in the respective product information in the shop. The provider is not liable for the correctness of the information provided by the manufacturer regarding the guarantee. The opposing party for claims from any manufacturer's guarantee is solely the manufacturer.

§ 10 Liability 

(1) We are always fully liable for claims based on damage caused by us, our legal representatives or vicarious agents

- in the event of injury to life, limb or health,

- in the case of intentional or grossly negligent breach of duty,

- in the case of guarantee promises, insofar as the provider himself agrees, or

- as far as the area of application of the Product Liability Act is open.

(2) In the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (cardinal obligations) due to slight negligence on the part of us, our legal representatives or vicarious agents, the liability is based on the limited to foreseeable damage upon conclusion of the contract, the occurrence of which must typically be expected. 

(3) Otherwise, claims for damages are excluded.

 

§ 11 Final Provisions 

(1) The law of the Federal Republic of Germany applies to contracts between the provider and the customer, excluding the UN sales law. The legal regulations on the restriction of the choice of law and the applicability of mandatory regulations, especially of the state in which the customer has his habitual residence as a consumer, remain unaffected. 

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider's registered office._cc781905-5cde- 3194-bb3b-136bad5cf58d_

(3) The EU Commission has created an internet platform for the online settlement of disputes. The platform serves as a point of contact for the out-of-court settlement of disputes relating to contractual obligations arising from online sales contracts. More information is available at the following link: https://ec.europa.eu/consumers/odr. We are willing or obliged to participate in a dispute settlement procedure before a consumer arbitration board to settle disputes with consumers. The responsible consumer arbitration board is: Universal Arbitration Board of the Federal Center for Arbitration eV, Straßburger Straße 8, 77694 Kehl am Rhein, www.verbraucher-schlichter.de. To settle the disputes mentioned, we will participate in a dispute settlement procedure before this body.

(4) These general terms and conditions are subject to copyright protection. Unlawful copying, processing, forwarding or changing of the text gives us a claim for payment of EUR 10,000 against you. This text can be identified by us at any time.