WPTeam Allgemeine Geschäftsbedingungen mit Kundeninformationen

Table of contents

• Scope of these Terms and Conditions
• General notes on offers and orders
• Order process and conclusion of contract
• Contract text and contract language
• Customer account
• Information on prices and shipping costs
• Payment methods and terms
• Retention of title
• Delivery, availability of goods
• Digital content
• Digital services
• Subscriptions
• Manufacturing and processing according to customer specifications
• Software setup
• Promotional vouchers
• Copyright and usage rights
• Right of withdrawal
• Amendment of the Terms and Conditions
• Final provisions
• Dispute resolution and consumer dispute settlement

1. Scope of these Terms and Conditions

• The following Terms and Conditions (hereinafter the “Terms”) exclusively govern the business relationship between Musterunternehmen X, owner Max Mustermann, Musterstr. 22, 04021 Musterstadt (hereinafter the “Seller”) and the purchaser of the Seller’s products, hereinafter referred to as the “Customer”.
• Deviating Customer terms are not recognized, even if the Seller performs without objection, unless the Seller expressly agrees to the applicability of the Customer’s deviating terms.
• “Consumer” within the meaning of these Terms is any natural person who concludes a legal transaction for purposes that predominantly are outside their trade, business, or profession.
• “Entrepreneur” within the meaning of these Terms is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in exercise of their trade, business, or profession.
• “Product” within the meaning of these Terms means any goods, services, and other performances offered by the Seller, including any accessories and accompanying documentation, which, according to the product description provided to the Customer by the Seller or other agreement, are the subject of the contract between the Seller and the Customer.

2. General notes on offers and orders

• The presentation of products in the shop, on websites, and in digital or printed brochures/catalogs or comparable product presentations of the Seller does not constitute a legally binding offer, but an invitation for the Customer to submit an order and thus an offer.
• Customers are responsible for ensuring that the information they provide is correct and for notifying the Seller of any changes that are necessary for the Seller’s performance under the contract. In particular, Customers must ensure that the email and delivery addresses provided are correct and that any delivery obstacles for which the Customers are responsible are taken into account (e.g., by checking the spam folder of the email software used).
• Customers are asked to read and observe the notes provided during the order process carefully and to use, if necessary, the available support functions of their software and hardware (e.g., zoom or read-aloud functions). Required information will be appropriately marked by the Seller as such for the Customer (e.g., by visual highlighting and/or asterisks). Until submitting the order, Customers can change and view the product selection as well as their entries at any time, navigate back in the order process, or cancel the order process entirely. For this purpose, Customers may use the usual functions of their software and/or device (e.g., the browser’s forward and back buttons or keyboard, mouse, and gesture functions on mobile devices). Unwanted entries can also be corrected by canceling the order process.

3. Order process and conclusion of contract

• The Customer can select products from the range offered by the Seller to the Customer and collect them in a so-called shopping cart. Within the shopping cart, the selection can be modified, e.g., deleted. Otherwise, the Customer can proceed to complete the order process.
• By clicking the button that completes the order process, the Customer submits a binding offer to the Seller to purchase the products contained in the shopping cart.

4. Contract text and contract language

• The Seller stores the contract text and provides it to Customers in text form (e.g., by email or printed with the delivery of the order). Before submitting the order to the Seller, the Customer can print the contract text by using the print function of the browser in the last step of the order or by using the save function for web pages.
• The Seller may provide contract documents to Customers who are Entrepreneurs in text form as well as by other means (e.g., by reference to an online source).
• If Customers have created a customer account, they can view the orders placed in their account area. The full contract text is not accessible in the account area.
• The contract language is German; contracts can be concluded in this language.

5. Customer account

• The Seller provides Customers with a customer account. Within the customer account, Customers are provided with information about orders and the customer data stored by the Seller. The information stored in the customer account is not public.
• To place an order, Customers must create a customer account. Guest checkout is not possible.
• Customers are obliged to provide truthful information in the customer account and to adjust the information to changes in actual circumstances where necessary (e.g., the changed email address in the event of a change or the changed postal address before an order). Customers are responsible for any disadvantages arising from incorrect information.
• Customers are responsible for their customer accounts within their sphere of influence and to the extent responsibility is reasonable for them. It is the Customers’ responsibility to exercise the highest possible care when using access data to the customer account and to take any measures that ensure confidential and secure handling of the data and prevent disclosure to third parties. Customers are obliged to inform the Seller without delay if there is reason to suspect that a third party has knowledge of access data and/or the customer account is being misused.
• The customer account may only be used in accordance with applicable law, in particular the provisions protecting third-party rights, and in accordance with the Seller’s Terms via the access masks and other technical access options provided by the Seller. Any other type of use, in particular via external software such as bots or crawlers, is prohibited.
• If Customers store, share, or otherwise publish content or information in their customer account, they are responsible for this content. Depending on technical possibilities, this content may include, for example, texts, images, and personal data. The Seller does not adopt the Customers’ content as its own and does not identify with such content. However, the Seller reserves the right to take necessary measures in the event of indications of legal issues or dangers to third parties.
  These measures are based on carefully selected criteria. The aim is to ensure that every action is justified. It is examined whether a measure is necessary to resolve the problem or avert the danger. It is also assessed whether the measure is proportionate to the seriousness of the problem or danger. Furthermore, care is taken to ensure that it is taken with due care and after a thorough assessment of all relevant information and circumstances. Finally, the measure must be based on an objective and impartial assessment of the situation.
  Possible measures include deleting the content in question, requests for statements or corrections, warnings, legal action, or even bans from the premises/platform. When deciding on these measures, the Seller carefully considers the requirements of the situation and the rights and interests of all parties involved. In particular, the fundamental rights of Customers are taken into account to ensure a fair and just solution.
• Customers may terminate the customer account at any time. The Seller may terminate the customer account at any time subject to reasonable notice, which is usually two weeks. Termination must be reasonable for the Customer. The Seller reserves the right to terminate for cause.
• From the time of termination, the customer account and the information stored in it are no longer available to the Customer. It is the Customer’s responsibility to back up their data when terminating the customer account.

6. Information on prices and shipping costs

• All prices are, unless stated otherwise, net prices plus applicable statutory value-added tax (VAT).

7. Payment methods and terms

• Unless otherwise agreed, payments must be made without deductions, discounts, or other reductions.
• When using financial institutions and other payment service providers, the terms and privacy notices of the payment service providers also apply with regard to payment. Customers are asked to observe these rules and notices as well as the information provided during the payment process. This is particularly important because the availability of payment methods or the course of the payment process may also depend on agreements between the Customer and financial institutions and payment service providers (e.g., agreed spending limits, location-restricted payment options, verification procedures, etc.).
• The Customer must ensure that they fulfill the prerequisites required for successful payment using the chosen payment method. These include, in particular, sufficient funds in bank and other payment accounts, registration, identification and authorization with payment services, and confirmation of transactions.
• If a payment is not executed or is reversed due to insufficient funds in the Customer’s account, provision of an incorrect bank account, or an unjustified objection by the Customer, the Customer shall bear the fees incurred as a result, provided that the failed or reversed booking is attributable to the Customer and, in the case of a SEPA transfer, the Customer was informed of the transfer in good time (so-called “pre-notification”).
• PayPal – Payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22–24 Boulevard Royal, L-2449 Luxembourg (“PayPal”) using the type of PayPal payment provided or chosen by the Customer. Customers are redirected to PayPal at the end of the order process. For Customers who have a PayPal account, the following PayPal terms apply: https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. If Customers use PayPal’s services without a PayPal account, the following terms apply: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. Overview of all terms: https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.
• PayPal Express – The Customer pays the amount due via the PayPal transaction process.
• PayPal Plus (PayPal) – The Customer must have a PayPal account and pays the amount due via the PayPal transaction process.
• PayPal Plus (credit card) – The Customer can also pay by credit card via PayPal even without a PayPal account. The Customer must identify themselves as the legitimate cardholder before the payment transaction is executed and the Customer’s account is debited automatically.
• As part of PayPal’s “Checkout” payment method, the Seller may use third-party payment service providers for payment processing. The following information applies to PayPal and the respective third-party payment service providers (collectively “Checkout payment service providers”). The terms communicated to the Customer by the Checkout payment service provider apply. If the Seller offers purchase on account or installment payment via the Checkout payment service provider, the Seller reserves the right to make a successful address and credit check by the Checkout payment service provider a prerequisite for the payment method. The Seller assigns the payment to the Checkout payment service provider. Payment with debt-discharging effect can only be made to the Checkout payment service provider in accordance with its terms and the specified payment target. In the case of SEPA direct debit, the Customer must grant a SEPA direct debit mandate to the Checkout payment service provider. By granting the mandate, the Checkout payment service provider is authorized to trigger the payment process that automatically debits the Customer’s bank account. The Customer will be informed of the debit date (“pre-notification”).
• Costs incurred by dunning overdue receivables will be charged to the Customers. The Seller is entitled to claim a flat reminder fee of €2.00. In the case of Customers who are Entrepreneurs, the Seller is entitled to claim a flat reminder fee of €5.00. Customers may prove that no costs or lower costs were incurred.
• The Seller is entitled, in the event of late payment, to claim default interest at the statutory rate as well as other consequences and costs determined by law from the defaulting Customers. In the case of Customers who are Entrepreneurs, the Seller is entitled to claim at least default interest of 9 percentage points above the applicable base interest rate. The Customer’s obligation to pay default interest does not exclude the assertion of further default damages by the Seller. Default damages include costs of legal enforcement, such as legal advice, dunning proceedings, or collection.

8. Retention of title

• If the Seller provides in advance, the delivered products remain the property of the Seller until full payment has been made.
• For Customers who are Entrepreneurs, the following rules apply to products that remain the Seller’s property until full payment (hereinafter “reserved goods”). If the Seller provides in advance, the delivered products remain the property of the Seller until full payment has been made. The Seller retains title to the reserved goods until all claims from an ongoing business relationship have been settled; the Customer is obliged to handle the reserved goods with care as long as ownership has not yet passed to them. In particular, the Customer is obliged, where appropriate or customary in the industry, to insure them at their own expense against theft, fire, and water damage at replacement value. If maintenance and inspection work must be carried out, the Customer must perform this in good time at their own expense. Processing or transformation of the reserved goods by the Customer shall always be carried out for the Seller. If the reserved goods are processed with other items not belonging to the Seller, the Seller acquires co-ownership of the new item in the ratio of the value of the reserved goods to the other processed items at the time of processing. Otherwise, the same applies to the item resulting from processing as to the reserved goods. The Customer also assigns to the Seller, by way of security, the claim arising against a third party from the combination of the reserved goods with real property. The Customer must immediately notify the Seller of third-party access to goods owned or co-owned by the Seller. The Customer bears the costs of third-party opposition proceedings or the extra-judicial release. The Customer is entitled to resell the reserved goods in the ordinary course of business. The Customer hereby assigns to the Seller all claims arising from the resale or other legal grounds regarding the reserved goods (including all balance claims from current accounts) as security in full. The Seller revocably authorizes the Customer to collect the claims assigned to the Seller for the Customer’s account and in the Customer’s own name. This collection authorization may be revoked if the Customer does not properly meet their payment obligations. The Seller undertakes to release the securities to which the Seller is entitled at the Customer’s request to the extent that their total sales value exceeds the sum of all outstanding claims of the Seller from the business relationship by more than 10% (or more than 50% in the presence of a realization risk). The selection of the securities to be released is at the Seller’s discretion.

9. Delivery, availability of goods

10. Digital content

• “Digital content” means content such as software, video and audio content, e-books, or apps when provided digitally, e.g., as a download or stream (i.e., not delivered on data carriers such as CDs or Blu-rays).
• The provisions of these Terms apply accordingly to the sale of digital content.
• Digital content is provided to the Customer by making it available for download.
• Digital content is provided to the Customer in the form of a continuous data stream, referred to as “streaming”.
• Digital content is sent to the Customer by email to the address provided.
• Digital content is provided immediately after purchase, at the latest within 24 hours.
• Digital content is provided to the Customer in the customer account, provided a customer account has been created.
• The Customer will be expressly informed with reasonable advance notice before access to the purchased digital content expires.
• Use of digital content requires internet access and common, reasonable display options for the Customer (e.g., a browser or PDF viewer). The Seller assumes no responsibility for impediments to accessing or retrieving digital content if such obstacles lie within the Customer’s area of responsibility (this applies in particular to the Customer’s internet access).

11. Digital services

• “Digital services” exist where they enable the Customer who is a Consumer to create, process, or store data in digital form or to access such data, or enable the sharing of data uploaded or created in digital form by the Consumer or other users of the respective service, or other interactions with this data.
• The provisions of these Terms apply accordingly to digital services.

12. Subscriptions

• “Subscription” refers to the regular receipt of products or other services by “Subscribers” (as Customers are referred to under subscription agreements) within an ongoing contractual relationship (also referred to as a “subscription agreement”) over a defined period (also referred to as the “subscription term”).
• A subscription agreement obliges the Seller to deliver the services covered by the subscription agreement or to perform other actions at the agreed times or intervals and within the agreed subscription term. The details of each subscription are specified in the respective offer.
• Termination takes effect at the next performance or delivery date, or the next delivery within the subscription term.
• Subscriptions are billed in advance at the beginning of each subscription term.
• The Subscriber must immediately inform the Seller of changes to the delivery or shipping address and is otherwise responsible for delivery obstacles due to failure to notify.
• The right to extraordinary termination of the subscription agreement remains reserved in accordance with statutory provisions.
• Subscription agreements may only be terminated electronically by email.
• Unless otherwise stated in the respective offer, the subscription term is one month.
• Unless a different renewal period is specified in the product description or otherwise agreed, the subscription agreement is automatically renewed for one month if it has not been validly terminated.
• Unless otherwise regulated in the respective offer, the notice period is one month.

13. Manufacturing and processing according to customer specifications

• If the contractual agreement between the parties includes the Seller manufacturing or processing the product to be delivered according to the Customer’s specifications, the Customer is obliged to provide the Seller with the information and materials required to perform the service and to offer cooperation (collectively referred to as “Cooperation”).
• The Customer will be informed of the Cooperation required within the product description or during the order process.
• When fulfilling their Cooperation obligations, the Customer must in particular observe the agreed format, the agreed transmission method, and other agreed technical specifications and deadlines when providing information and materials.
• The Customer undertakes to provide only such information and materials and to perform only such Cooperation actions whose processing by the Seller in accordance with the contract does not violate applicable law or third-party rights. In particular, the Customer undertakes to ensure that they have the usage and disposal rights necessary for processing by the Seller. The Seller is not obliged to verify the legality of processing the Customer’s Cooperation.
• The Seller does not bear the costs of the Customer’s Cooperation.
• The Customer shall indemnify and hold harmless the Seller, its employees, and agents from liability and/or claims by authorities or third parties arising in connection with the Customer’s Cooperation and attributable to the Customer. The indemnification also covers all necessary and reasonable legal defense costs. Furthermore, in such cases the Customer supports the Seller in defending the claims through reasonable and necessary Cooperation actions and information.
• The Seller is entitled, based on a reasonable assessment, to refuse processing orders, even after conclusion of the contract, where the Seller may assume, on the basis of objective indications, a violation of applicable law, third-party rights, or public morals (this applies in particular to content and materials that are harmful to minors, discriminatory, insulting, or anti-constitutional).

14. Software setup

• Setup services — i.e., installing software on computers, other devices, or servers as well as related preparations — are carried out by arrangement with the Customer at an agreed date.
• If additional costs arise during setup, these will be communicated to the Customer within the product description, during the order process, or as part of a subsequent agreement.
• The Customer is responsible for providing the information required for setup and for performing the necessary support actions, in particular providing required access and login data.

15. Promotional vouchers

• “Promotional vouchers” are vouchers issued free of charge by the Seller as part of, for example, promotional campaigns (e.g., discount vouchers with percentage or fixed discounts). Vouchers that represent a specific monetary or material value and are purchased by the Customer as a product are not promotional vouchers.
• Unless otherwise stated, promotional vouchers handed over to recipients may not be transferred to third parties.
• Promotional vouchers issued by the Seller may be redeemed only with the Seller.
• Unless otherwise stated, promotional vouchers can be redeemed only before completing the order process.
• If, after redeeming a promotional voucher, an amount remains payable, it may be settled using the payment options offered by the Seller.
• If a promotional voucher exceeds the value of the goods, it is only taken into account up to the value of the goods; no payout of the remaining amount is made.

16. Copyright and usage rights

• The products distributed by the Seller, including copyrighted content associated with the products such as graphics or instructions, are protected by intellectual property rights (in particular trademark and copyright). Usage and exploitation rights lie with the Seller and/or the respective rights holders. Customers undertake to recognize and respect these rights.
• The Customer is granted simple (non-exclusive) rights to use the purchased products for contractual purposes. Otherwise, the use and exploitation of the products is not permitted. In particular, copyrighted products of the Seller may not be reproduced, distributed, made publicly available on the internet or intranets, or otherwise made available to third parties. Public performance, reproduction, or other re-publication are not part of this contract and are therefore prohibited. Copyright notices, trademarks, and other legal reservations may not be removed from the products unless this is necessary for contractual use of the products or permitted by law.
• The Seller expressly reserves the use of the products for commercial text and data mining. Text and data mining is the automated analysis of one or more digital or digitized works in order to obtain information, in particular about patterns, trends, and correlations. In particular, the products may not be used for the development, training, programming, improvement, and/or enrichment of AI systems (including but not limited to generative AI systems) that can directly or indirectly output content (whether or not protected by copyright). Furthermore, the buyer undertakes to take the reasonable and necessary measures to ensure that the purchased products are not subjected to text and data mining. This includes, for example, including corresponding notices in their own terms of use and ensuring that employees are instructed accordingly (especially for digital content). The specifics depend on the type of product and the type of use.
• If the products are subject to a specific license, Customers will be informed about the license. In such cases, the provisions of the license take precedence over these Terms.
• If the Seller provides in advance, the granting of usage rights to the Customer is only provisional and becomes effective only when the Customer has paid the purchase price for the relevant products in full.
• Copyright notices and legal reservations affixed to the products within a reasonable and legally recognized scope (for example, the © symbol) must be observed, and the usage rights granted apply only as long as the aforementioned notices and reservations are not removed or otherwise rendered unrecognizable, unless such removal or obscuring occurs in the course of ordinary or intended use of the products.

17. Right of withdrawal

• Information on the right of withdrawal for Consumers can be found in the Seller’s cancellation policy.

18. Amendment of the Terms and Conditions

• The Seller reserves the right, in the case of continuing obligations (i.e., contracts running over a longer period during which performances and/or counter-performances are provided), to amend these Terms at any time with effect for the future in the following cases: a) if the amendment serves to bring the Terms into conformity with applicable law, in particular if the legal situation changes; b) if the amendment serves the Seller to comply with binding court or administrative decisions; c) if entirely new services or service elements as well as technical or organizational processes require description in the Terms; d) if the amendment is solely advantageous for Customers.
• In the case of Customers who are Entrepreneurs, amendments may also be made in addition to the cases mentioned, provided they are reasonable, appropriate, and objectively justified for the Customer.
• The Seller will send the amended Terms to the email address stored by the Customer with the Seller at least two weeks before they take effect. If a Customer does not object to the new Terms within two weeks after receiving the email, the amended Terms are deemed accepted by the Customer. In the notification of the amendment, the Seller will inform Customers of the consequences of failing to object. Customers may also consent to the amended Terms by express approval.

19. Final provisions

• The legal relationships between the Customer, insofar as the Customer is an Entrepreneur, and the Seller are governed exclusively by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
• The place of jurisdiction is at the Seller’s registered office if the Customer is a merchant, a legal entity under public law, or a special fund under public law, or if the Customer has no general place of jurisdiction in the Seller’s country. The Seller’s right to choose another permissible place of jurisdiction remains reserved.

20. Dispute resolution and consumer dispute settlement

• The European Commission provides a platform for online dispute resolution (ODR) at https://ec.europa.eu/consumers/odr/. Consumers have the option of using this platform to resolve their disputes.
• We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.