Parties

On the basis of these general terms and conditions (GTC) between the customer and

Patrick Bednarz
Brauerstraße 36
46236 Bottrop

, hereinafter called provider, the contract is concluded.

Subject matter of the contract

This contract regulates the sale of services via the provider’s online shop. For details of the respective offer, please refer to the product description on the offer page.

The offer in our portal is directed exclusively at customers who are 18 years of age or older.

Conclusion of contract and user account

The contract is concluded exclusively in electronic business transactions via the shop system. The presented offers represent a non-binding invitation to submit an offer by the customer order, which the provider can then accept.

The ordering process for concluding a contract comprises the following steps in the shop system:

  • Selection of the offer in the desired specification (length of entry time, number of entries)
  • Selection of the price plan and confirmation with the ‘Continue’ button
  • Creating and editing an entry
  • Confirmation the general terms and conditions and the button ‘Save & Preview’
  • Checking the created entry and all entries (possibility of change)
  • Clicking the button ‘Pay and release”
  • Confirmation of entry and choice of the payment system ‘Bank transfer, Paypal or stripe’
  • Button ‘Go to next step’
  • With bank transfer the payment process ends here and a receipt is displayed. The entry will be activated after receipt of payment.
  • Payment via Paypal or stripe will be forwarded to the respective payment methods. After receipt of payment the entry will be activated after 48 hours at the latest.
  • Confirmation mail, that the order is received will be sent.
  • Another mail will be sent when the entry is activated.
  • The entry can be changed at any time.

The contract comes into effect when the order confirmation is sent.

User account

  1. By completing the online registration process and creating a profile, a user contract is concluded with the operator. The object of the licence agreement is the free use of the profile.
  2. To create a profile, a user account must be created. This consists of a user name and a password (“log-in data”).
  3. The creation of a user account is only possible under specification of a current e-mail address of the user. This e-mail address is also used for communication with the operator.
  4. The user assures that the data used when creating his/her profile (“profile data”) is accurate and complete. The use of pseudonyms is not permitted.
  5. With any communication between the user and other users, any contractual relationships arise exclusively between the users involved. The operator is neither an agent nor a contractual partner.

Use of the profile

(1)     When using the profile, the user can make use of various services:

  • The user has the possibility to publish own contents (text, pictures etc.) within the portal.
  • The user has the possibility to send messages to other users.

(2)     The operator is entitled to block access to individual contents at any time, e.g. if there is a suspicion that they violate applicable law or the rights of third parties. The user has no right to maintain individual functionalities of the portal.

(3)     The operator makes every effort to ensure trouble-free operation of the portal. This is naturally limited to services over which the operator has an influence. The Operator is at liberty to restrict access to the Portal in whole or in part, temporarily or permanently due to maintenance work, capacity concerns and other events beyond its control.

Obligation of the user to cooperate: Posting of contents

(1)     The user bounds himself/herself to observe applicable law (e.g. criminal, competition and youth protection law) when creating and using his own content and not to infringe the rights of third parties (e.g. name, trademark, copyright and data protection rights).

(2)     The user bounds himself/herself to the operator that any content that is placed in the portal does not violate applicable law or morality by its content or form. The same applies to the posting of external links. In particular, it is not permitted to distribute content that represents, concerns or contains

  • Rassismus
  • Glorification of violence and extremism of any kind
  • Calls for and incitement to criminal offences and violations of the law, threats against life, limb or property
  • Stir up hatred against persons or companies
  • Statements that violate personal privacy, defamation and libel by users and third parties as well as violations of the right of fairness
  • Copyright infringing contents or other infringements of intellectual property rights
  • Sexual harassment of users and third parties
  • Pornography
  • Offensive, sexist, obscene, vulgar, abominable or disgusting materials and expressions

darstellen, betreffen oder beinhalten.

(3)     Copyrighted content may only be included in contributions literally within the scope of the applicable citation law without the consent of the respective rights holder. Quotations are to be marked by highlighting using the quotation function and citation of the source. Quotations in foreign languages must also be translated into German so that the content is roughly visible. In particular, incorrectly quoted posts may be removed or corrected by the moderators. The distribution and/or public reproduction of any content of the portal without the consent of the operator is prohibited.

Further obligations of the user to cooperate

(1)     The user may only use the portal for private purposes without the express permission of the operator and may not advertise himself or third parties. This means in particular that the user may not use any message advertising content without the consent of the operator and the recipient (in particular: spam messages).

(2)     In the event that the user uses the opportunity to inform third parties about the existence of the portal via the recommendation function provided by the operator, he or she must ensure that the third party agrees to the sending of the recommendation e-mail.

(3)     In the event that the contents contain hyperlinks to pages of third parties, the user assures that he or she has the right to use the hyperlink and that the website to which reference is made (“landing page”) is compatible with applicable law and the rights of third parties.

(4)     The user is obliged to handle the log-in data carefully. Without exception, the user is prohibited from disclosing the log-in data to third parties and/or allowing third parties access to the profile by circumventing the log-in data.

(5)     The user must refrain from any activity that is likely to impair and/or excessively burden the operation of the portal or the underlying technical infrastructure. These include in particular:

  • the use of software, scripts or databases in connection with the use of the portal;
  • the automatic reading, blocking, overwriting, modifying, copying of data and/or other contents, unless this is necessary for the proper use of the portal;

(6)     The anonymity of other users or the disclosure of information from other users from private messages, e-mails or chats that are not intended for the public is a violation of personality and therefore not permitted. Users may not include or otherwise disclose information in their posts that could reveal the identity of another user or that the user has received from other users exclusively in private messages, e-mails or chats.

(7)     Should any disturbances occur during the use of the portal or its functionalities, the user shall immediately inform the operator of this disturbance. The same applies if the user obtains information about content published by third parties which obviously violates the applicable law or the rights of third parties.

Rights of use

(1)     The user grants the operator an unlimited, irrevocable, non-exclusive, free right, which can be transferred to third parties in terms of space and time, to exploit the content posted in the online offer. The operator is entitled to use, edit and exploit the contents at any time. This includes in particular the right of reproduction, the right of distribution and the right of public communication, in particular the right of making available to the public. The user waives the right to name the author. This provision shall not affect the user’s right to grant third parties rights to content posted in accordance with certain licensing models.

(2)     All rights to the contents of the portal are owned by the operator. The user is prohibited from duplicating, distributing and/or publishing content that the operator, other users or third parties have posted on the portal.

Liability

(1)     Unlimited liability: The operator is liable without limitation for intent and gross negligence as well as in accordance with the Product Liability Act. The operator is liable for slight negligence in the event of damage to life, body and health of persons.

(2)     In all other respects, the following limited liability applies: In case of slight negligence, the operator is only liable in case of violation of an essential contractual obligation, the fulfilment of which is essential for the proper execution of the contract and on whose compliance the user may regularly rely (cardinal obligation). The liability for slight negligence is limited to the amount of damages foreseeable at the time of conclusion of the contract, the occurrence of which must typically be expected. This limitation of liability also applies in favour of the operator’s vicarious agents.

Right to exemption

The user releases the operator and his employees or agents from all claims of third parties in the event of a claim due to alleged or actual infringement of rights and/or infringement of rights of third parties by actions taken by the user in connection with the use of the portal. In addition, the user undertakes to reimburse all costs incurred by the operator as a result of claims by third parties. Reimbursable costs also include the costs of an appropriate legal defence.

Personal information

(1)     The user hereby consents to the storage of personal data entered by him or her. This also applies to the storage of the IP addresses that are transmitted each time the portal is used. In particular, the user also consents to the presentation of the personal data entered by him or her in his/her profile presentation within the portal for other portal users and third parties who are not users of the portal.

(2)     The user also consents to the use of his personal data for the personalisation of advertisements placed in the portal (personal data will not be passed on to the advertisers). Furthermore, the user agrees that advertisements of third parties of any kind may be placed on his profile pages.

(3)     The use of the portal makes the collection, processing and use of personal data by the operator unavoidable. The operator assures that all stored data will be treated with care and processed exclusively within the scope of the user’s consent under data protection law. Any further use of personal data by the operator is only permitted by law or with the user’s prior consent.

(4)     The user further agrees that the operator uses personal data of the user for direct marketing purposes. This includes advertising to the user by e-mail and by post.

Contract duration

The contract is concluded for an indefinite period.

Prices, shipping costs, return costs

All prices are final prices and do not include value added tax (VAT) according to § 19 Abs. 1 UStG. If a right of revocation exists and is used by this, the customer bears the costs of the return.

Terms of payment

The customer has only the following options for payment: Prepayment, payment service providers (PayPal, Stripe). Other payment methods are not offered and will be rejected.
After receipt of the invoice, which contains all details for the transfer and is sent by e-mail, the invoice amount must be transferred in advance to the account specified there. If a trustee service/payment service provider is used, this enables the provider and the customer to process the payment among themselves. The trustee service/payment service provider forwards the customer’s payment to the provider. Further information is available on the website of the respective trustee service/payment service provider. The customer is obliged to pay or transfer the stated amount to the account indicated on the invoice within 14 days after receipt of the invoice. Payment is due without deduction from the invoice date. The customer is only in default after a reminder.

Terms of delivery

The goods will be activated immediately after receipt of confirmed payment. The dispatch takes place at the latest after 2 days on average. The entrepreneur undertakes to deliver on the 2nd day after receipt of the order. The standard delivery time is 2 days, unless otherwise stated in the item description. The supplier ships the order from his own warehouse as soon as the entire order is in stock there.

Contract design

The customer has no possibility to access the saved contract text directly.

Right of withdrawal and customer service

Cancellation policy

Revocation right

You have the right to revoke this contract within fourteen days without giving reasons.

The revocation period is fourteen days from the day of revocation,

    • In the case of a contract of sale: on which you or a third party appointed by you, who is not the carrier, took or has taken possession of the last goods.
    • In the case of a contract for several goods ordered by the consumer under a single order and delivered separately: on which you or a third party you designate, who is not a carrier, took or has taken possession of the last goods.
    • In the case of a contract for the delivery of goods in several partial consignments or pieces: on which you or a third party nominated by you, who is not the carrier, have taken or have taken possession of the last partial consignment or the last piece.
    • In the case of a contract for the regular delivery of goods over a specified period of time: on which you or a third party nominated by you, who is not a carrier, took or has taken possession of the first goods.

When several alternatives come together, the last time is decisive.

To exercise your revocation right, you must inform us (Patrick Bednarz, Brauerstraße 36 46236 Bottrop) by means of a clear declaration (e.g. a letter, fax or e-mail sent by post) of your decision to withdraw from this contract.

In order to comply with the revocation period, it is sufficient that you send the notice of the exercise of the revocation right before the expiry of the revocation period.

Consequences of the revocation

If you cancel this contract, we will refund all payments we have received from you, including delivery costs (with the exception of the additional costs resulting from your choosing a different type of delivery than the cheap standard delivery offered by us), immediately and at the latest within fourteen days from the day we receive notice of your cancellation of this contract. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees for this refund. We may refuse to refund until we have received the goods back or until you can prove that you have returned the goods, whichever is earlier.

You must return the goods to Patrick Bednarz, Brauerstraße 36 46236 Bottrop or hand them over to us immediately and in any case within fourteen days at the latest from the day on which you inform us of the revocation of this contract. The deadline is met if you dispatch the goods before the expiry of the fourteen-day deadline.

You bear the direct costs of returning the goods.

You shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods which is not necessary for checking the nature, properties and functioning of the goods.

End of the revocation instruction

Language, place of jurisdiction and applicable law

The contract will be written in German, English and Spanish. The further execution of the contractual relationship shall be in German. The law of the Federal Republic of Germany shall apply exclusively. This only applies to consumers insofar as no legal provisions of the state in which the customer is domiciled or habitually resident are restricted as a result.

Data protection

In connection with the initiation, conclusion, execution and rescission of a purchase contract on the basis of these GTC, data are collected, stored and processed by the provider. This is done within the framework of legal regulations. The provider does not pass on any personal data of the customer to third parties, unless he is legally obliged to do so or the customer has given his express prior consent. If a third party is used for services in connection with processing, the provisions of the Federal Data Protection Act are observed. The data communicated by the customer in the way of the order are processed exclusively for the establishment of contact within the framework of the contract winding up and only for the purpose, for which the customer made the data available. The data will only be passed on to the shipping company that takes over the delivery of the goods in accordance with the order if necessary. The payment data will be passed on to the bank responsible for the payment. If the provider is subject to retention periods of a commercial or tax law nature, the storage of some data may take up to ten years. During your visit to the provider’s Internet shop, anonymized data that does not allow any conclusions to be drawn about personal data and does not intend to be, in particular IP address, date, time, browser type, operating system and pages visited, are logged. At the customer’s request, personal data will be deleted, corrected or blocked in accordance with statutory provisions. Free information about all personal data of the customer is possible. For questions and requests for deletion, correction or blocking of personal data as well as collection, processing and use, the customer can contact the following address:
Patrick Bednarz, Brauerstraße 36 46236 Bottrop.

Severability Clause

The invalidity of any provision of these GTC shall not affect the validity of the remaining regulations.