General terms and conditions with customer information
Table of contents
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Granting rights of use for digital content
- Contract duration and termination for subscription contracts
- Retention of title
- Liability for defects (warranty)
- Redemption of promotion vouchers
- Applicable law
- Legal venue
- Alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as "Terms and Conditions") of New Work Heroes GmbH (hereinafter referred to as "Seller"), apply to all contracts for the delivery of goods which a consumer or entrepreneur (hereinafter referred to as "Customer") concludes with the Seller with regard to the goods displayed by the Seller in his online shop. Herewith the inclusion of the customer's own conditions is contradicted, unless otherwise agreed.
1.2 For contracts for the delivery of digital content, these GTC shall apply accordingly, unless otherwise expressly regulated.
1.3 For contracts for the delivery of tickets, these General Terms and Conditions apply accordingly, unless otherwise expressly regulated. These terms and conditions only regulate the sale of tickets for certain events specified in the seller's item description and not the execution of these events. For the execution of the events, the legal provisions in the relationship between the customer and the organizer as well as any terms and conditions of the organizer deviating from these shall apply exclusively. If the seller is not also the organizer, he is not liable for the proper execution of the event, for which the respective organizer is exclusively responsible.
1.4 Consumer within the meaning of these General Terms and Conditions is every natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor his independent professional activity. An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.
1.5 Digitale Inhalte im Sinne dieser AGB sind alle nicht auf einem körperlichen Datenträger befindlichen Daten, die in digitaler Form hergestellt und vom Verkäufer unter Einräumung bestimmter in diesen AGB genauer geregelten Nutzungsrechte, bereitgestellt werden.
1.6 The subject of the contract can be - depending on the product description of the seller - both the purchase of goods by way of a one-time delivery and the purchase of goods by way of a permanent delivery (hereinafter "subscription contract"). In the case of a subscription contract, the seller undertakes to supply the customer with the contractually owed goods for the duration of the agreed contract period at the contractually owed time intervals.
2) Conclusion of contract
2.1 The product descriptions contained in the online shop of the seller do not represent binding offers on the part of the seller, but serve to submit a binding offer by the customer.
2.2 The customer can submit the offer via the online order form integrated in the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer makes a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button concluding the ordering process.
2.3 The seller can 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), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the ordered goods to the customer, whereby the receipt of the goods by the customer is decisive, or
- by requesting the customer to pay after placing his order.
If there are several of the aforementioned alternatives, the contract is concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of 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 consequence that the Customer is no longer bound by his declaration of intent.
2.4 When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller after the conclusion of the contract and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order. The seller will not make the text of the contract accessible beyond this. If the customer has set up a user account in the seller's online shop before sending his order, the order data will be archived on the seller's website and can be accessed free of charge by the customer via his password-protected user account by entering the corresponding login data.
2.5 Before submitting a binding order via the seller's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, which is used to enlarge the display on the screen. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button concluding the ordering process.
2.6 Only the German language is available for the conclusion of the contract.
2.7 The order processing and contacting usually takes place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that e-mails sent by the seller can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the seller or by third parties commissioned by the seller with the order processing 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 revocation can be found in the revocation instruction of the seller.
4) Prices and terms of payment
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are total prices which include the statutory value added tax. Any additional delivery and shipping costs that may be incurred will be indicated separately in the respective product description.
4.2 The payment option(s) is/are communicated to the customer in the online shop of the seller.
4.3 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed a later due date.
4.5 If the payment method „SOFORT" is selected, the payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich, Germany (hereinafter „SOFORT"). In order to be able to pay the invoice amount via „ SOFORT", the customer must have an online banking account that has been activated for participation in "SOFORT", identify himself accordingly during the payment process and confirm the payment order to "SOFORT". The payment transaction is executed immediately afterwards by „SOFORT" and the customer's bank account is debited. Further information on the „SOFORT" payment method can be obtained by the customer on the Internet at https://www.klarna.com/sofort/.
5) Delivery and shipping conditions
5.1 Unless otherwise agreed, the delivery of goods shall be made by dispatch to the delivery address indicated by the customer. When processing the transaction, the delivery address given in the order processing of the seller is decisive.
5.2 If the delivery of the goods fails for reasons for which the customer is responsible, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply with regard to the costs for the return shipment if the customer effectively exercises his right of withdrawal. In the event of effective exercise of the right of revocation by the customer, the provision made in the revocation instruction of the seller shall apply to the return costs.
5.3 Self-collection is not possible for logistical reasons.
5.4 Digital contents are provided to the customer exclusively in electronic form as follows:
- via download
- via Email
5.5 Tickets are provided to the customer as follows:
- via download
- via Email
6) Granting rights of use for digital content
6.1 Unless otherwise stated in the DeepL description in the seller's online shop, the seller grants the customer the non-exclusive right, unlimited in time and place, to use the contents provided for private and business purposes.
6.2 A transfer of the contents to third parties or the creation of copies for third parties outside the scope of these General Terms and Conditions is not permitted, unless the seller has agreed to a transfer of the contractual license to the third party.
6.3 The granting of rights only becomes effective when the customer has paid the contractually owed remuneration in full. The seller may also provisionally permit the use of the contents of the contract before this time. Such provisional permission does not entail a transfer of rights.
7) Contract duration and termination for subscription contracts
7.1 Subscription contracts are concluded for an unlimited period and can be terminated by the customer at any time without notice.
7.2 The right to extraordinary termination for good cause remains unaffected. Good cause shall be deemed to exist if, taking into account all circumstances of the individual case and weighing up the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or the expiry of a notice period.
7.3 Terminations must be made in writing or in text form (e.g. by e-mail).
8) Retention of title
If the seller makes advance payment, he reserves the right of ownership of the delivered goods until full payment of the purchase price owed.
9) Liability for defects (warranty)
9.1 If the purchased item is defective, the provisions of the statutory liability for defects shall apply.
9.2 The customer is requested to complain about delivered goods with obvious transport damages to the deliverer and to inform the seller. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
10) Redemption of promotion vouchers
10.1 Vouchers which are issued free of charge by the Seller within the scope of promotions with a certain period of validity and which cannot be purchased by the Customer (hereinafter "promotion vouchers") can only be redeemed in the Seller's online shop and only during the specified period.
10.2 Individual products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
10.3 Promotional vouchers can only be redeemed before the order process is completed. A subsequent offsetting is not possible.
10.4 You can also redeem several campaign vouchers with one order.
10.5 The value of the goods must be at least the amount of the promotion voucher. Any remaining credit will not be refunded by the seller.
10.6 If the value of the promotion voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be chosen to settle the difference.
10.7 The credit balance of a promotion voucher is neither paid out in cash nor does it bear interest.
10.8 The promotion voucher will not be refunded if the customer returns the goods wholly or partially paid for with the promotion voucher within the scope of his statutory right of revocation.
10.9 The promotion voucher is only intended for use by the person named on it. A transfer of the promotion voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material eligibility of the respective voucher holder.
11) Applicable law
All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
12) Place of jurisdiction
If the customer acts as a merchant, legal entity under public law or special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the seller. If the customer has its registered office outside the territory of the Federal Republic of Germany, the seller's registered office shall be the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the customer. In the aforementioned cases, however, the seller is in any case entitled to appeal to the court at the customer's registered office.
13) Alternative dispute resolution
13.1 The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
13.2 The seller is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.