Table of contents
- Area of application
- Conclusion of contract
- Right of withdrawal
- Prices and terms of payment
- Delivery and shipping conditions
- Contract duration and termination for subscription contracts
- Retention of title
- Liability for defects (warranty)
- Redemption of promotion vouchers
- Redemption of gift vouchers
- Applicable law
- Place of jurisdiction
- Code of Conduct
- Alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions of Business (hereinafter referred to as "GTC") of cloud lab UG (haftungsbeschränkt) (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. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 For contracts for the delivery of vouchers these terms and conditions apply accordingly, unless otherwise expressly regulated.
1.3 Verbraucher in the sense of these terms and conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
1.4 Gegenstand 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 regular (permanent) delivery (hereinafter "subscription contract"). In the case of a subscription contract, the Seller undertakes to deliver the contractually owed goods to the Customer for the duration of the agreed contract period at the time intervals contractually owed.
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 Der customer can submit the offer via the online order form integrated into the seller's online shop. After placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the Customer submits a legally binding offer to enter into a contract with respect to the goods in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the Customer can also submit the offer to the Seller by telephone, e-mail or online contact form.
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 (e-mail), whereby the receipt of the order confirmation by the customer is decisive, or
- by delivering the goods ordered 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 several of the aforementioned alternatives are available, the contract shall be concluded at the point in 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 with the expiry 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.
2.5 If the payment method "Amazon Payments" is selected, payment is processed via the payment service provider Amazon Payments Europe s.c.a., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as "Amazon"), subject to the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.de/help/201751590. If the customer selects "Amazon Payments" as the payment method within the scope of the online order process, he/she also issues a payment order to Amazon by clicking the button concluding the order process. In this case, the seller hereby declares acceptance of the customer's offer at the point in time when the customer initiates the payment transaction by clicking the button concluding the order process.
2.6 Bei of the submission of an offer via the online order form of the seller, the text of the contract is stored by the seller after the conclusion of the contract and is sent to the customer in text form (e-mail) after the customer has sent his order. The Seller shall 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 relevant login data.
2.7 Vor binding submission of the order via the seller's online order form, the customer can detect 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, with the help of which the display on the screen is enlarged. Within the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.8 Only the German language is available for the conclusion of the contract.
2.9 The order processing and contact are usually carried out by 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 to process the order can be delivered.
3) Right of revocation
3.1 Consumers are generally entitled to a right of withdrawal.
3.2 Nähere Information on the right of revocation can be found in the seller's revocation instructions.
4) Prices and terms of payment
4.1 Sofern 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 are stated separately in the respective product description.
4.2 Bei Deliveries to countries outside the European Union may in individual cases incur additional costs for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money through credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of money if the delivery is not to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option/s is/are communicated to the customer in the online shop of the seller.
4.4 If advance payment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless the parties have agreed upon a later due date.
4.6 If a payment method offered via the payment service "Shopify Payments" (from February 2020: "Shop Pay") is selected, payment will be processed via the payment service provider Shopify International Limited, Victoria Buildings, 2nd floor, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland (hereinafter referred to as "Shopify"). The individual payment methods offered via Shopify are communicated to the Customer in the Seller's online shop. Shopify may use other payment services to process payments, which may be subject to special payment terms and conditions, which may be notified to the Customer separately. Further information on Shopify Payments is available on the Internet at https://www.shopify.de/payments.
4.7 Bei Selection of the payment method credit card via Stripe (within the scope of our subscriptions), the invoice amount is due immediately upon conclusion of the contract. Payment is processed by the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). Stripe reserves the right to carry out a credit assessment and to refuse this method of payment if the credit assessment is negative.
5) Delivery and shipping conditions
5.1 The delivery of goods is carried out by dispatch to the delivery address indicated by the customer, unless otherwise agreed. For the processing of the transaction, the delivery address stated in the seller's order processing is decisive. Notwithstanding the above, 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 Scheitert the delivery of the goods for reasons for which the customer is responsible, the customer bears 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 revocation. In the event that the customer effectively exercises his right of revocation, the provision made in the seller's revocation instruction shall apply to the costs of return shipment.
5.3 Selbstabholung is not possible for logistical reasons.
5.4 Vouchers are provided to the customer as follows:
- by e-mail
6) Duration and termination of subscription contracts
6.1 Subscription contracts are concluded for an unlimited period and can be terminated by the customer at any time without notice. An exception are gift subscriptions, which are automatically terminated after a selected period of notice.
6.2 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 the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.
6.3 Cancellations must be made in writing or in text form (e.g. by e-mail).
7) Retention of title
If the Seller makes advance payment, he reserves the right of ownership of the delivered goods until the purchase price owed has been paid in full.
8) Liability for defects (warranty)
8.1 Ist the purchased goods defective, the provisions of the statutory liability for defects apply.
8.2 The customer is requested to complain about delivered goods with obvious transport damages to the deliverer and to inform the seller of this by e-mail to firstname.lastname@example.org or by using this form. If the customer does not comply with this, this has no effect on his legal or contractual claims for defects.
9) Redemption of promotion vouchers
9.1 Gutscheine, 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 online shop of the seller and only in the specified period.
9.2 Einzelne products may be excluded from the voucher promotion if a corresponding restriction results from the content of the promotion voucher.
9.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
9.4 Pro Only one promotion voucher can be redeemed at a time.
9.5 The value of goods must be at least the amount of the promotion voucher. Any remaining credit will not be refunded by the seller.
9.6 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.
9.7 The credit balance of a promotion voucher is neither paid out in cash nor does it bear interest.
9.8 The promotion voucher will not be refunded if the customer returns the goods paid for in full or in part with the promotion voucher within the scope of his statutory right of revocation.
9.9 Der Promotional voucher is transferable. The seller can make payment with discharging effect to the respective owner who redeems the promotion voucher in the seller's online shop. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-authorisation, legal incapacity or lack of authorisation to represent the respective owner.
10) Redemption of gift vouchers
10.1 Vouchers that can be purchased through the Seller's online shop (hereinafter "gift vouchers") can only be redeemed in the Seller's online shop, unless otherwise stated in the voucher.
10.2 Gift vouchers and remaining credit balances of gift vouchers can be redeemed until the end of the third year after the year of the voucher purchase. Remaining credit balances are credited to the customer until the expiry date.
10.3 Gift vouchers can only be redeemed before the order process is completed. A subsequent settlement is not possible.
10.4 Pro Only one gift voucher can be redeemed at a time.
10.5 Gift certificates can only be used for the purchase of goods and not for the purchase of further gift certificates.
10.6 If the value of the gift 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 Das The credit balance of a gift voucher is neither paid out in cash nor does it bear interest.
10.8 The gift voucher is transferable. The Seller may make payments with discharging effect to the respective holder who redeems the gift voucher in the Seller's online shop. This does not apply if the Seller has knowledge or grossly negligent ignorance of the non-authorisation, incapacity or lack of authorisation to represent the respective owner.
11) Applicable law
The law of the Federal Republic of Germany shall apply to all legal relations between the parties, excluding 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) Legal venue
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 shall be the registered office of the seller. If the customer has his registered office outside the territory of the Federal Republic of Germany, the registered office of the seller 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 above cases, however, the Seller shall in any case be entitled to appeal to the court at the Customer's place of business.
13) Code of Conduct
The Seller has submitted to the conditions of participation for the eCommerce initiative "Fairness in Trade", which can be viewed on the Internet at https://www.fairness-im-handel.de/teilnahmebedingungen/.
14) Alternative dispute resolution
14.1 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.
14.2 The seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.