GENERAL TERMS AND CONDITIONS
AND REVOCATION CONDITIONS
1. subject of the regulation
1.1 The following General Terms and Conditions of Business apply to all legal transactions between beeclever GmbH, Universitätsstraße 3, 56070 Koblenz, Germany, hereinafter referred to as "Provider", and its commercial contract partners, hereinafter referred to as "Customer". Deviating general terms and conditions of the Customer shall not apply.
1.1.1 The use of the cloud-based shop software of Shopify Inc. is exclusively subject to the general terms and conditions of Shopify Inc. of Ottawa, Canada and can be viewed separately on the homepage of Shopify Inc. In order to use the cloud based shop software, the client enters into a separate contractual relationship with Shopify Inc. The costs for the use of the cloud based shop software can be viewed separately on the homepage of Shopify Inc.
1.2 The respective services and deliveries shall be specified in a separate offer or cost estimate with the corresponding service description.
1.3 Offers or cost estimates of the provider are always subject to change and non-binding. The offer shall only be deemed to be accepted if this is confirmed in writing by the provider.
1.4 With the confirmation of the order the offerer refers the customer at the same time to the general trading conditions.
2.1 The amount of the remuneration as well as the mode of settlement shall depend on the respective contractual agreement, which can be taken from the offer or the cost estimate. Invoices of the provider are due for payment within 7 days after the invoice date without any deductions. The customer is in default 30 days after receipt of the invoice or by reminder or, if the date of payment is determined by calendar, by non-payment at the agreed date. From the time of default, the Provider is entitled to interest on arrears in the amount of 5 percent, unless the Customer can prove that the Provider has incurred a lower interest loss. The right to assert further damages caused by default remains unaffected.
2.2 If the Customer changes or cancels orders, work, plans and the like or changes the conditions for the provision of services, he shall reimburse the Provider for all costs and expenses incurred thereby and release the Provider from all liabilities to third parties.
2.3 If the customer withdraws from the contract before the start of order processing, the provider may demand an appropriate part of the agreed remuneration as a cancellation fee.
2.4 Irrespective of the order value, the Provider may charge a down payment of 50%, during the implementation phase a further 30% and after completion the remaining 20% of the estimated invoice amount.
2.5 The order shall be deemed completed when the acceptance declaration is signed by the customer.
3. time of performance
3.1 Agreed service and delivery dates are automatically extended by the period of time in which the Provider is prevented from providing the service due to circumstances beyond his control. The same applies to the period in which the provider waits for information or cooperation from the customer.
4. cooperation of the customer
4.1 The customer provides the provider with the contents to be integrated into the website (texts, images, graphics, logos, tables, etc.) in the offer or the cost estimate in the agreed form. The customer himself is responsible for the procurement or production of the contents, unless another written agreement has been made.
4.2 The Customer shall provide the Provider with all other documents and information necessary for the performance of the contractual services.
4.3 Insofar as work is to be carried out on the Customer's business premises within the framework of the execution of the contract, the Customer shall grant unhindered access to the Provider's employees during normal business hours and provide them with premises and work materials to an appropriate extent.
5.1 The provider is liable for material defects and defects of title in accordance with the statutory provisions. If only merchants are involved in the contract, §§ 377 ff. HGB APPLY.
5.2 Outside of the liability for material defects and defects of title, the provider is liable without limitation if the cause of damage is based on intent or gross negligence. He is also liable for the slightly negligent violation of essential obligations (obligations whose violation endangers the achievement of the purpose of the contract) and for the violation of cardinal obligations (obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the customer regularly relies), but in each case only for the foreseeable damage typical for the contract. The provider is not liable for the slightly negligent breach of other obligations.
5.3 The limitations of liability of paragraph 5.2 do not apply in the case of injury to life, body and health, for a defect after the assumption of a guarantee for the quality of the product and for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
5.4 If the liability of the provider is excluded or limited, this also applies to the personal liability of its employees, representatives and vicarious agents.
5.5 The provider is only liable for the loss of the customer's own data if the data has been backed up by the customer in a sufficiently up-to-date and complete manner and reconstruction is possible with reasonable effort. Backups of work files and results will only be made at the special request of the customer.
5.6 The provider is not responsible for the content provided by the customer. In particular, he is not obliged to check the contents for possible legal infringements. Should third parties assert claims against the provider due to possible infringements of the law resulting from the contents of the website, the customer is obliged to indemnify the provider from any liability towards third parties and to reimburse the provider for the costs incurred by the latter due to the possible infringement.
5.7 The provider is not liable for the allocation of the domain name applied for by the customer by the responsible registration authority.
5.8 The provider shall not be liable for economic damages caused by a temporary unavailability of the offer made available to the customer by the provider.
5.9 A legally binding contract is concluded between shopify and the customer. The legal security of the shop is the sole responsibility of the operator of the shop. The provider is not liable for legal security.
6.1 Acceptance dates are determined by mutual agreement between the parties during the course of the project. The provider is entitled to submit individual services to the customer for partial acceptance.
6.2 As soon as the Provider has provided the service or partial service, the Customer shall carry out a functional test within two weeks and inform the Provider in writing of the result of the functional test, in particular of any obvious defects that may occur. If the Customer does not notify the Provider of any obvious defects within this period or makes use of the Provider's service, acceptance shall be deemed to have been granted. The live connection of a website/application or a shop is generally considered as acceptance of the entire service unless otherwise agreed in writing.
6.3 The provider shall remedy any defects that occur during the functional test and are relevant for acceptance within a reasonable period of time or remedy them in any other form. After this, the relevant function test must be repeated. Acceptance may not be refused due to minor deviations of the service from the service description.
6.4 Acceptance confirmation
" Declaration: By accepting this confirmation of acceptance, the client assures that the work within the order placed with beeclever GmbH from the DATE with the order number NUMBER has been carried out by the contractor COMPANY with project status from the DATE without any defects and thus in full. Furthermore, the client authorizes the contractor to activate the order with this acceptance confirmation. The confirmation of acceptance is considered as given, if we do not receive a written objection from you by the DATE. Please note: an informal instruction by the client to put the work carried out on the net and thus make it publicly accessible is always considered as acceptance of the order".
7. rights of use
7.1 The provider grants a worldwide right of use for design, programming and text services for personal use. This does not include the commercial and private resale of these services to third parties. The further use of digital content constitutes a violation of copyright law and will be prosecuted accordingly.
8.1 By placing the order, the customer expressly grants beeclever GmbH the right to use the services performed for him as a reference and for self-promotion, unless he expressly excludes this in writing before the order is placed.
9.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties.
9.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, or if he has no general place of jurisdiction in Germany, Koblenz (postcode 56070) shall be the exclusive place of jurisdiction for all disputes arising from the contractual relationship.
9.3 Offsetting or the assertion of a right of retention by the customer is only permissible with recognised or legally established counterclaims.
You may revoke your contractual declaration in writing (e.g. letter, fax, e-mail) within two weeks without stating reasons. The time limit begins after receipt of this instruction in writing, but not before the conclusion of the contract and also not before we have fulfilled our obligations to inform according to § 312c paragraph 2 BGB in conjunction with § 1 paragraph 1, 2 and 4 BGB-InfoV as well as our obligations according to § 312e paragraph 1 sentence 1 BGB in conjunction with § 3 BGB- InfoV. The timely dispatch of the revocation suffices to comply with the revocation period. The revocation is to be sent to: beeclever GmbH, Universitätsstraße 3, 56070 Koblenz, Germany, e-mail: firstname.lastname@example.org
10. data protection
The company undertakes to comply with the applicable data protection regulations.
The company is prohibited from collecting, processing, using or passing on personal data of GDPR Legal Cookie users to third parties unless there is a valid consent of the GDPR Legal Cookie user concerned or German or European data protection law.
beeclever and the associated GDPR Legal Cookie do not store any personal data. GDPR Legal Cookie accesses the data stored in this shop platform.
The invalidity of a provision of these General Terms and Conditions shall not affect the validity of the remaining provisions.