AGB Digitale Gründung
General Terms and Conditions of KLP Digitale Produkte GmbH
KLP Digital Products GmbH
Mariendorfer Damm 1
1.scope of application
(1)These General Terms and Conditions (GTC) apply exclusively to all business relations of KLP with customers in connection with orders placed with KLP Digitale Produkte GmbH (hereinafter "KLP").
(2)KLP does not conclude contracts with consumers in the sense of § 13 BGB. By booking the selected service, the customer declares that he is not a consumer.
Entrepreneurs in the sense of § 14 BGB are natural or legal persons or partnerships with legal capacity who act in the exercise of their commercial or independent professional activity when concluding the contract.
(4)Deviating, conflicting or supplementary general terms and conditions of the Customer will only become part of the contract if and to the extent that their validity has been expressly agreed to by KLP. This consent requirement applies in any case, even if KLP performs the services without reservation in knowledge of the conditions.
2.Contractual Partner, Conclusion of Contract, Ordering Process
(1)The contract for the offered services is concluded with KLP.
(2)The product presentations in the online store represent a purchase offer to the customer. In order to accept this offer, the customer can first place the products in the shopping cart without obligation and then press the button "Continue" to initiate the ordering process. After entering the data necessary for the order and the associated execution of the ordered services, the customer is taken to the final order page. Here he can check his order again and change his details if necessary. By clicking the button "Buy now" he accepts the offer of KLP bindingly. Subsequently, the customer is redirected to the payment page of Stripe, where the customer selects his desired payment method and the payment is carried out. With regard to the payment, reference is made to section 5 of these General Terms and Conditions. Immediately after sending the order, the customer will receive another order and order confirmation with the details of the contract by e-mail.
3.performance, right of withdrawal
When ordering a seminar, the service will be provided by KLP on the specifically indicated dates. The service is provided online by means of a video conference. At the latest one (1) working day before the start of the videoconference, the customer will receive a link with which he can connect. For participation, the customer requires an Internet-capable terminal device and a stable Internet connection. The fulfillment of these requirements is the responsibility of the customer.
(2)Purchase of foundation packages
The service provision of KLP for the purchase of foundation packages takes place in several steps:
(a)With the payment, the customer acquires a specific service package of KLP. After the order has been placed, KLP will contact the customer within 1 to 3 working days and arrange an initial consultation appointment. In this initial consultation appointment, the topics to be worked out with regard to the booked package will be specified and the customer's wishes will be discussed.
(b)If legal advice or legal services are included in the individual packages, these are always provided by lawyers. As far as possible, these services are provided by MAP Attorneys at Law (hereinafter referred to as "MAP"). These services are additionally subject to MAP's Terms and Conditions of Mandate. If it is not possible for MAP to provide the legal services, KLP will make every effort to engage another law firm to provide the legal services. If these efforts are unsuccessful, KLP reserves the right to withdraw from the contract.
(c)Following the initial consultation, a time schedule will be worked out and agreed upon with the Customer in which all further services will be provided.
4.Contract Language, Contract Text Storage
(1)The language available for the conclusion of the contract is German.
(2)The contract text will be stored by KLP and is no longer accessible to the Customer after conclusion of the contract.
5.Remuneration and Terms of Payment
(1)Unless otherwise stated, the remuneration stated on the product pages is subject to value added tax at the statutory rate at the time the service is provided.
(2)Various payment options are available to the customer.
The following payment options are available to the customer via the payment provider Stripe:
Payment by credit card
SEPA direct debit
(2.1)When selecting the payment method credit card via Stripe, the invoice amount is due immediately upon conclusion of the contract. Stripe reserves the right to perform a credit check and to reject this payment method in case of a negative credit check.
(2.2)If the payment method Direct Debit via Stripe is selected, Stripe will collect the invoice amount from the Customer's bank account after a SEPA Direct Debit mandate has been issued, but not before the expiry of the Pre-Notification period on behalf of the Seller. Pre-notification is any communication (e.g. invoice, policy, contract) to the customer announcing a debit via SEPA Direct Debit. If the direct debit is not honored due to a lack of sufficient funds in the account or due to the provision of incorrect bank details, or if the customer objects to the direct debit even though he is not entitled to do so, the customer shall bear the fees incurred by the respective credit institution as a result of the chargeback if he is responsible for this. The seller reserves the right to conduct a credit check when selecting the payment method SEPA direct debit and to reject this payment method in case of a negative credit check.
The payment transaction will be carried out automatically by PayPal immediately thereafter. The CUSTOMER will receive further instructions during the ordering process.
6.liability and warranty
(1)The product-specific warranty obligations are determined by the statutory provisions. KLP does not give any guarantees or only in individual cases which are explicitly marked as guarantees.
(2)The liability of KLP, its legal representatives and vicarious agents for breach of duty and tort is limited to intent and gross negligence. In case of breach of essential obligations endangering the purpose of the contract (cardinal obligations), KLP, its legal representatives and vicarious agents are also liable in case of slight negligence. In any case of slight negligence, liability is limited to the foreseeable damage typical for the contract.
(3)The exclusion or limitation of liability does not apply to liability for damages resulting from injury to life, body or health, or to the extent that the Product Liability Act applies.
7.Reviews of the Online Shop
If KLP offers the customer the possibility, the customer is entitled to provide a rating in the online store. Ratings should reflect the personal opinion and experience with the offers of KLP. Reviews must not be insulting or defamatory, otherwise KLP reserves the right to delete them.
(1)KLP will observe the applicable data protection regulations, in particular those valid in Germany, and will obligate its employees used in connection with the contract and its execution to maintain data secrecy, unless they are already generally obligated accordingly.
(2)If KLP collects, processes or uses personal data, it guarantees that it is entitled to do so in accordance with the applicable provisions, in particular the provisions of data protection law.
(3)KLP will collect and use Customer-related data only to the extent required for the performance of this Agreement. The Customer agrees to the collection and use of such data to this extent.
(4)KLP is entitled to pass on the necessary data to third parties if it commissions them to carry out work related to the Customer's order.
(1)German law shall apply exclusively to the exclusion of the provisions of international private law and the UN Convention on Contracts for the International Sale of Goods (CISG).
(2)Should any provision of these General Terms and Conditions be invalid, the remainder of the contract shall remain valid. The relevant statutory provisions shall apply in place of the invalid provision.
(3)Verbal or written collateral agreements do not exist.
(4)The place of jurisdiction for all disputes arising from contractual relationships between the Customer and KLP is the registered office of KLP.