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General terms and conditions

The General Terms and Conditions were last updated to March 15, 2021

1. introduction

These terms and conditions apply to this website and to transactions relating to our products and services. Du bist möglicherweise an zusätzliche Verträge gebunden, die sich auf deine Beziehung zu uns oder auf Produkte oder Dienstleistungen beziehen, die du von uns erhältst. If provisions of the Supplementary Contracts conflict with provisions of these Terms and Conditions, the provisions of these Supplementary Contracts shall prevail.

2. liability

By registering, accessing or otherwise using this website, you hereby agree to be bound by these Terms and Conditions set forth below. The mere use of this website implies knowledge and acceptance of these terms and conditions. In certain cases, we may also ask you to explicitly agree.

3. electronic communication

By using this website or communicating with us electronically, you agree and acknowledge that we may communicate with you electronically or send you email on our website and agree that all agreements, notices, disclosures and other communications that we send to you electronically comply with all legal requirements. Also includes, but is not limited to, the requirement that such notices be in writing.

4. intellectual property

We or our licensors own and control all copyrights and other intellectual property rights in the Site and the data, information and other resources displayed or accessible on the Site.

4.1 All rights reserved

Except as otherwise provided in specific Content, you are not granted any license or other right under any copyright, trademark, patent or other intellectual property right. This means that you will not use, copy, reproduce, perform, display, distribute, embed in any electronic medium, modify, reverse engineer, decompile, transmit, download, transfer, monetize, sell, market, or commercialize any resources on this Site in any form without our prior written permission, except and only to the extent otherwise provided in the provisions of mandatory law (such as the right to quote).

5. Newsletter

Notwithstanding the above, you may forward our newsletter in electronic form to others who may be interested in visiting our website.

6. property third party

Our website may contain hyperlinks or other references to websites of other parties. We do not monitor or review the content of other parties‘ websites referenced from this website. Products or services offered by other websites are subject to the terms and conditions of those third parties. We do not necessarily share or endorse any opinions or materials expressed on these websites.

We are not responsible for the privacy practices or the content of these websites. You assume all risks associated with the use of these websites and related third party services. We are not responsible for any loss or damage of any kind resulting from your disclosure of personal information to third parties.

7. responsible handling

By visiting our website, you agree to use it only for the purposes intended and permitted by these Terms, additional agreements with us, and applicable laws, regulations, and generally accepted online practices and industry guidelines. You must not use our website or services to use, publish or distribute material consisting of (or linked to) malicious computer software. Use data collected on our website for direct marketing activities or conduct systematic or automated data collection activities on or related to our website.

Participation in any activity that causes or may cause damage to the Website or interfere with the performance, availability or accessibility of the Website is strictly prohibited.

8. registration

You can register for an account on our website. During this process, it might be necessary to select a password. You are responsible for maintaining the confidentiality of passwords and account information and agree not to disclose their passwords, account information, or secure access to our website or services to any other person. You may not allow any other person to use your account to access the Site, as you are responsible for all activities that occur through the use of your passwords or accounts. You must notify us immediately if you become aware of any disclosure of your password.

After account cancellation, you cannot create a new account without our permission.

9. refund and return policy

9.1 Right of revocation

You have the right to withdraw from this contract within 31 days without giving any reason.

The cancellation period ends after 31 days from the day on which you, or a third party specified by you other than the carrier, acquire physical possession of the last good or physical possession of the last lot or piece.

To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter by mail, fax or e-mail). You can find our contact details below. You can use attached sample revocation form, but this is not mandatory.

Du can also fill in and submit the model withdrawal form or another clear declaration electronically on our website.

If you use this option, we will promptly send you an acknowledgement of receipt of such revocation on a durable medium (e.g., by email).

In order to comply with the withdrawal period, it is sufficient that you send your notice of exercise of the right of withdrawal before the expiry of the withdrawal period.

We may withhold a refund until we have received the goods back or you have provided proof that you have returned the goods, whichever is earliest.

9.2 Effects of revocation

If you withdraw from this contract, we will refund all payments received from you, including delivery charges (except for any additional charges resulting from your choice of a delivery method other than the least expensive standard delivery method offered by you), without undue delay and in any event no later than 31 days from the date we are notified of your decision to withdraw from this contract. We will make this refund using the same means of payment that you used for the original transaction, unless you specifically agreed otherwise. In any case, there are no fees for this refund.

We will pick up the goods.

We bear the costs for the return/collection of the goods.

You shall only be liable for any diminution in the value of the goods resulting from handling which is not necessary to establish the nature, characteristics and functioning of the goods.

Please note that there are some legal exceptions to the right of withdrawal and therefore some items cannot be returned or exchanged. We will inform you if this applies in your particular case.

10. your posted content

We may provide various open communication tools on our website, such as blog comments, blog posts, forums, message boards, ratings and reviews, and various social media services. It may not be possible to review or monitor all of the content that you or others share or submit on or through our website. However, we reserve the right to review content and monitor the use and activity of our website and to remove or refuse content in our sole discretion. By posting information or otherwise using open communication tools, you agree that your content complies with these Terms and Conditions and is not illegal, unlawful, or in violation of any person’s legal rights.

11. idea submission

Do not submit any ideas, inventions, works of authorship, or other information that may be considered your own intellectual property that you wish to present to us unless we have previously signed an intellectual property agreement or non-disclosure agreement. If you so notify us without such written agreement, you grant us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media .

12. termination of use

We may, in our sole discretion, modify or discontinue, temporarily or permanently, access to the Site or the services thereon at any time. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance of your access to or use of the Site or any Content that you may have shared on the Site. You will not be entitled to any compensation or other payment even if certain features, settings and/or content that you contributed or relied upon are permanently lost. You may not circumvent or attempt to circumvent any access restriction measures on our website.

13. guarantees and liability

Nothing in this section shall limit or exclude any warranty implied by law, the limitation or exclusion of which would be unlawful. This Website and all Website Content are provided „as is“ and „as available“ and may contain inaccuracies or typographical errors. We expressly disclaim any express or implied warranties of any kind as to the availability, accuracy or completeness of the content. We do not guarantee that:

  • This website or our products or services meet your requirements.
  • This website will be uninterrupted, timely, secure or error-free;
  • The quality of any product or service you have purchased or received through this website meets your expectations.

Nothing on this website constitutes or is intended to constitute legal, financial or medical advice of any kind. If you need advice, you should consult an appropriate professional.

The following provisions of this Section shall apply to the maximum extent permitted by law and shall not limit or exclude our liability with respect to any matter that would be illegal or unlawful for us to limit or exclude our liability. In no event will we be liable for any direct or indirect damages (including damages for loss of profits or revenue, loss of or damage to data, software or database, or loss of or damage to property or data) suffered by you or any third party arising out of your access to or use of our website.

Except as otherwise expressly provided in any additional agreement, our maximum liability to you for any damages arising out of or related to the Site or any products or services marketed or sold through the Site, regardless of the form of legal action imposing liability ( whether in contract, equity, negligence, willful misconduct, tort or otherwise) will be limited to the total price you paid to us to purchase such products or services or to use the Site. This limitation applies in the aggregate to all of your claims, actions and causes of action of every kind and nature.

14. privacy

In order to access our website and/or services, you may be required to provide certain information about yourself as part of the registration process. You agree that all information you provide will always be accurate, correct and current.

We take your personal information seriously and are committed to protecting your privacy. We will not use your email address for unsolicited emails. Any emails sent by us to you will only relate to the provision of agreed products or services.

15. accessibility

We are committed to making the content we provide accessible to people with disabilities. If you have a disability/impairment and are unable to access any part of our website because of it, we ask that you send us a message detailing the problem you are experiencing. If the problem is easily identified and resolved according to industry standard information technology tools and techniques, we will resolve it promptly.

16. export restrictions / compliance with laws

Access to the Website from territories or countries where the content or purchase of products or services sold on the Website is illegal is prohibited. You may not use this website in violation of the export laws and regulations of Germany.

17. partnership marketing

Through this website, we may engage in partnership marketing whereby we receive a percentage or commission for sales of services or products on or through this website. We may also accept sponsorship or other forms of advertising compensation from companies. This disclosure is intended to comply with legal requirements relating to marketing and advertising that may apply, such as the rules of the U.S. Federal Trade Commission.

18. assignment

You may not assign, transfer or subcontract any of your rights and/or obligations under these Terms and Conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this section shall be void.

19. violations of these general terms and conditions

Notwithstanding our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to address the breach, including temporarily or permanently blocking your access to the Website and contacting your Internet service provider with a request to block your access to the Website and/or take legal action against you.

20 Force majeure

Except for the payment obligation, any delay, failure or omission by a party in performing or complying with any of its obligations hereunder, shall not be deemed a breach of these Terms and Conditions if and so long as such delay, failure or omission is for a reason beyond the reasonable control of such party.

21. compensation

You agree to indemnify, defend and hold us harmless from and against any and all claims, liabilities, damages, losses and costs related to your violation of these Terms and Conditions and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses in connection with or arising out of such claims.

22. View

Failure to enforce any provision of these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be deemed a waiver of such provisions and shall not affect the validity of these Terms and Conditions or any such Agreement, or any part thereof, or the right thereafter to enforce any provision.

23. language

These Terms and Conditions shall be interpreted and construed in English and German only. All communications and correspondence will be written exclusively in this language.

24. complete agreement

These Terms and Conditions, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and WEB ’nd APP Agency (Incorporated) with respect to your use of this Website.

25. update of these general terms and conditions

We may update these Terms and Conditions from time to time. The date indicated at the beginning of these General Terms and Conditions is the latest revision date. We will notify you in writing of any changes or updates, and the revised Terms and Conditions will be effective as of the date we notify you. Your continued use of this Site following the posting of any changes or updates will be deemed to indicate your agreement to be bound by these Terms and Conditions. To request an earlier version of these Terms and Conditions, please contact us.

26 Choice of law and place of jurisdiction

These Terms and Conditions are governed by the laws of Germany. All disputes arising in connection with these General Terms and Conditions shall be subject to the jurisdiction of the courts of Germany. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible to effectuate the intent of these Terms and Conditions. The remaining provisions shall remain unaffected.

27. contact information

This website is owned and operated by WEB ’nd APP Agency (i.G.) .

You may contact us regarding these Terms and Conditions through our Contact Us page.

Or by sending an email to the following address:
Tom Scharlock
Am Dornheimer Berg 37
99310 Arnstadt
(015678) 677309