General terms and conditions with costumer information

Table of Contents

  1. Scope of application
  2. Conclusion of contract
  3. Right of withdrawal
  4. Prices and payment terms
  5. Delivery and shipping conditions
  6. Retention of title
  7. Liability for defects (warranty)
  8. Applicable law
  9. Place of jurisdiction
  10. Alternative dispute resolution

1) Scope of Application

1.1 These terms and conditions (hereinafter referred to as the “Terms”) of 1.A Connect GmbH (hereinafter referred to as the “Seller”) apply to all contracts for the supply of goods concluded between a consumer or business (hereinafter referred to as the “Customer”) and the Seller with regard to the goods displayed in the Seller’s online shop. The inclusion of the Customer’s own terms and conditions is hereby expressly rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these Terms is any natural person who enters into a legal transaction for purposes that are predominantly outside his or her trade, business or profession.

1.3 An entrepreneur within the meaning of these Terms is any natural or legal person or a legally recognized partnership acting in the exercise of its commercial or independent professional activity when entering into a legal transaction.

1.4 The subject matter of the contract may – depending on the Seller’s product description – be either the one-time provision of digital content or the recurring provision of digital content (hereinafter referred to as a “Subscription Agreement”). In the case of a Subscription Agreement, the Seller undertakes to provide the Customer with the contractually agreed digital content for the duration of the agreed contract term at the contractually specified intervals.

2) Conclusion of Contract

2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller but serve to enable the Customer to submit a binding offer.

2.2 The Customer may submit the offer via the online order form integrated into the Seller’s online shop. In doing so, after placing the selected goods in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer may also submit the offer to the Seller via the online contact form.

2.3 The Seller may accept the Customer’s offer within five days by

  • sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the Customer is decisive, or
  • delivering the ordered goods to the Customer, in which case the receipt of the goods by the Customer is decisive, or
  • requesting payment from the Customer after the order has been placed.

If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for accepting the offer begins on the day following the day on which the Customer sends the offer and ends at the close of the fifth day following the day of sending the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer, with the result that the Customer is no longer bound by his declaration of intent.

2.4 If the Customer selects a payment method offered by PayPal, payment will be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (hereinafter “PayPal”), subject to the PayPal terms of use, available at
https://www.paypal.com/de/webapps/mpp/ua/useragreement-full
or – if the Customer does not have a PayPal account – subject to the terms for payments without a PayPal account, available at
https://www.paypal.com/de/webapps/mpp/ua/privacywax-full.
If the Customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the time the Customer clicks the button that completes the ordering process.

2.5 When placing an order via the Seller’s online order form, the text of the contract is stored by the Seller after the contract has been concluded and is sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer’s order has been submitted. The Seller does not make the contract text accessible beyond this.

2.6 Before submitting a binding order via the Seller’s online order form, the Customer may identify potential input errors by carefully reading the information displayed on the screen. A useful technical means for better detecting input errors may be the browser’s zoom function, which enlarges the display on the screen. During the electronic ordering process, the Customer can correct his entries using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.

2.7 Only the German language is available for the conclusion of the contract.

2.8 Order processing and contact usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided for order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, the Customer must ensure that, when using spam filters, all e-mails sent by the Seller or by third parties commissioned by the Seller to process the order can be delivered.

3) Right of Withdrawal

3.1 Consumers are generally entitled to a right of withdrawal.

3.2 Further information on the right of withdrawal can be found in the Seller’s instructions on withdrawal (cancellation policy).

4) Prices and Payment Terms

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are total prices that include the statutory value-added tax (VAT). Any additional delivery and shipping costs that may apply are specified separately in the respective product description.

4.2 The available payment methods are communicated to the Customer in the Seller’s online shop.

4.3 If prepayment by bank transfer has been agreed, payment is due immediately upon conclusion of the contract, unless the parties have agreed on a later due date.

5) Delivery and Shipping Conditions

5.1 If the Seller offers shipping of the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address provided by the Customer, unless otherwise agreed. When processing the transaction, the delivery address specified by the Customer during the order process shall be decisive. Notwithstanding this, if the payment method PayPal is selected, the delivery address stored by the Customer with PayPal at the time of payment shall be decisive.

5.2 If delivery of the goods fails for reasons attributable to the Customer, the Customer shall bear the reasonable costs incurred by the Seller as a result. This shall not apply to the costs of sending the goods if the Customer effectively exercises the right of withdrawal. With regard to the costs of return shipment, the regulation set out in the Seller’s instructions on withdrawal (cancellation policy) shall apply if the Customer effectively exercises the right of withdrawal.

5.3 If the Customer acts as an entrepreneur, the risk of accidental loss or accidental deterioration of the sold goods shall pass to the Customer as soon as the Seller has delivered the goods to the carrier, freight forwarder or other person or institution designated to carry out the shipment. If the Customer acts as a consumer, the risk of accidental loss or accidental deterioration of the sold goods generally passes to the Customer or a person authorized to receive the goods only upon handover of the goods. Notwithstanding the foregoing, the risk of accidental loss or accidental deterioration of the sold goods shall also pass to the Customer, even if he is a consumer, once the Seller has delivered the goods to the carrier, freight forwarder or other person or institution designated to carry out the shipment, if the Customer has instructed that person or institution to carry out the shipment and the Seller has not previously named this person or institution to the Customer.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This shall apply only if the Seller is not responsible for the non-delivery and has, with due care, concluded a specific covering transaction with the supplier. The Seller will make all reasonable efforts to obtain the goods. In the event of non-availability or only partial availability of the goods, the Customer shall be informed immediately and any consideration paid shall be refunded without delay.

5.5 Self-collection of the goods is not possible for logistical reasons.

6) Retention of Title

If the Seller makes an advance payment, he retains ownership of the delivered goods until the purchase price owed has been paid in full.

7) Liability for Defects (Warranty)

7.1 Unless otherwise provided in the following provisions, the statutory provisions on liability for defects shall apply. Deviating from this, the following applies to contracts for the delivery of goods:

7.2 If the Customer acts as an entrepreneur,

  • the Seller has the right to choose the type of subsequent performance.
  • for new goods, the limitation period for defects shall be one year from delivery of the goods.
  • for used goods, the rights and claims for defects are excluded.
  • the limitation period shall not recommence if a replacement delivery is made under the scope of liability for defects.

7.3 The aforementioned limitations of liability and reductions of limitation periods shall not apply

  • to claims for damages and reimbursement of expenses by the Customer.
  • in the event that the Seller has fraudulently concealed the defect.
  • to goods which, in accordance with their usual use, have been used for a building and have caused its defectiveness.
  • to any existing obligation of the Seller to provide updates for digital products in contracts for the supply of goods with digital elements.

7.4 Furthermore, for entrepreneurs, the statutory limitation periods for any existing statutory right of recourse shall remain unaffected.

7.5 If the Customer acts as a merchant within the meaning of Section 1 of the German Commercial Code (HGB), he shall be subject to the commercial duty of inspection and notification of defects pursuant to Section 377 HGB. If the Customer fails to comply with the notification obligations specified therein, the goods shall be deemed approved.

7.6 If the Customer acts as a consumer, he is requested to report goods with obvious transport damage to the carrier and to notify the Seller accordingly. Failure to comply with this request shall have no effect on the Customer’s statutory or contractual claims for defects.

8) Applicable Law

All legal relationships between the parties shall be governed by the law of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

9) Place of Jurisdiction

If the Customer acts as a merchant, a legal entity under public law or a special fund under public law with its registered office within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the Seller’s place of business. If the Customer’s registered office is located outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the Customer’s professional or commercial activity. In the above cases, however, the Seller shall, in all circumstances, be entitled to bring an action before the court at the Customer’s place of business.

10) Alternative Dispute Resolution

The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.