General terms and conditions with customer information
1) Scope
1.1 These General Terms and Conditions (hereinafter “GTC”) of 3BYC, LLC (hereinafter “Seller”) apply to all contracts for the delivery of goods that a consumer or entrepreneur (hereinafter “Customer”) concludes with the Seller with regard to the Seller’s online -Shop completes illustrated goods. The inclusion of the customer’s own conditions is hereby contradicted, unless something else has been agreed.
1.2 These GTC shall apply accordingly to contracts for the delivery of digital content, unless expressly agreed otherwise.
1.3 These General Terms and Conditions shall apply accordingly to contracts for the delivery of vouchers, unless expressly agreed otherwise.
1.4 These General Terms and Conditions shall apply accordingly to contracts for the delivery of license keys, unless expressly agreed otherwise. The seller owes the provision of a license key for the use of the software or content described by him as well as the granting of the contractually agreed rights to use the respective software or content. The customer does not acquire any intellectual property in the software or in the content. The respective product description in the seller’s online shop is decisive for the nature of the software and content.
1.5 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. Entrepreneur within the meaning of these 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 their commercial or independent professional activity.
1.6 Digital content within the meaning of these terms and conditions is all data that is not on a physical data carrier, which is produced in digital form and made available by the seller under the granting of certain rights of use that are more precisely regulated in these terms and conditions.
1.7 The subject matter of the contract can – depending on the seller’s product description – be both the purchase of goods by way of a one-off delivery and the purchase of goods by way of a permanent delivery (hereinafter referred to as “subscription contract”). With the subscription contract, the seller undertakes to deliver the contractually owed goods to the customer for the duration of the agreed contract period in the contractually owed time intervals.
2) Conclusion of contract
2.1 The product descriptions contained in the seller’s online shop do not represent binding offers on the part of the seller, but serve to enable the customer to submit a binding offer.
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 submits a legally binding contract offer with regard to the goods contained 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, post 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 (fax or e-mail), whereby receipt of the order confirmation by the customer is decisive, or
– by delivering the ordered goods to the customer, whereby receipt of the goods by the customer is decisive, or
– by asking the customer to pay after placing his order.
If there are several of the above alternatives, the contract is concluded at the point in time at which one of the above alternatives occurs first. The period for accepting the offer begins on the day after the customer has sent 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 is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
2.4 If you select a payment method offered by PayPal, the payment will be processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua /useragreement-full or – if the customer does not have a PayPal account – subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax
-full. If the customer pays using a payment method offered by PayPal that can be selected in the online ordering process, the seller already declares acceptance of the customer’s offer at the point in time at which the customer clicks on the button that concludes the ordering process.
2.5 When submitting an offer via the seller’s online order form, the text of the contract is saved 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 order has been sent. The seller does not make the contract text 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 called up free of charge by the customer via his password-protected user account by providing the corresponding login data.
2.6 Before the binding submission of the 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, with the help of which the display on the screen is enlarged. The customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks on the button that concludes the ordering process.
2.7 Only the German language is available for the conclusion of the contract.
2.8 Order processing and contact are usually made via email and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct so that the 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 to process the order 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 cancellation can be found in the seller’s cancellation policy.
4) Prices and terms of payment
4.1 Unless otherwise stated in the seller’s product description, the prices quoted are total prices that include statutory sales tax. Any additional delivery and shipping costs are specified separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may arise in individual cases for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for money transfers by banks (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs can also be incurred in relation to the transfer of money if the delivery is not made 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) will be communicated to the customer in the seller’s online shop.
4.4 If advance payment by bank transfer has been agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
4.5 If you select the “SOFORT” payment method, the payment will be processed by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). In order to be able to pay the invoice amount via “SOFORT”, the customer must have an activated online banking account for participation in “SOFORT”, identify himself accordingly during the payment process and confirm the payment order to “SOFORT”. The payment transaction is carried out immediately afterwards by “SOFORT” and the customer’s bank account is debited. The customer can access more detailed information on the “SOFORT” payment method on the Internet at https://www.klarna.com/sofort/.
4.6 If you select the purchase on account payment method, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to only offer the purchase on account payment method up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will point out a corresponding payment restriction to the customer in his payment information in the online shop.
4.7 If you choose the payment method purchase on account, the purchase price is due, after
hafter the goods have been delivered and invoiced. In this case, the purchase price must be paid within 7 (seven) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to only offer the purchase on account payment method up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will point out a corresponding payment restriction to the customer in his payment information in the online shop. The seller also reserves the right to carry out a credit check when selecting the purchase on account payment method and to reject this payment method if the credit check is negative.
4.8 If you select the purchase on account payment method, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to only offer the purchase on account payment method up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will point out a corresponding payment restriction to the customer in his payment information in the online shop.
4.9 If you select the purchase on account payment method, the purchase price is due after the goods have been delivered and invoiced. In this case, the purchase price must be paid within 14 (fourteen) days of receipt of the invoice without deduction, unless otherwise agreed. The seller reserves the right to only offer the purchase on account payment method up to a certain order volume and to refuse this payment method if the specified order volume is exceeded. In this case, the seller will point out a corresponding payment restriction to the customer in his payment information in the online shop. The seller also reserves the right to carry out a credit check when selecting the purchase on account payment method and to reject this payment method if the credit check is negative.
4.10 If the SEPA direct debit payment method is selected, the invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before the deadline for the advance information has expired. The direct debit is collected when the ordered goods leave the seller’s warehouse, but not before the deadline for advance information has expired. Pre-notification (“pre-notification”) is any message (e.g. invoice, policy, contract) from the seller to the customer that announces a debit using SEPA direct debit. If the direct debit is not redeemed due to insufficient funds in the account or because incorrect bank details have been provided, or if the customer objects to the debit although he is not entitled to do so, the customer must bear the fees incurred by the respective bank if he is responsible for this .
4.11 If the SEPA direct debit payment method is selected, the invoice amount is due for payment after a SEPA direct debit mandate has been issued, but not before the deadline for the advance information has expired. The direct debit is collected when the ordered goods leave the seller’s warehouse, but not before the deadline for advance information has expired. Pre-notification (“pre-notification”) is any message (e.g. invoice, policy, contract) from the seller to the customer that announces a debit using SEPA direct debit. If the direct debit is not redeemed due to insufficient funds in the account or because incorrect bank details have been provided, or if the customer objects to the debit although he is not entitled to do so, the customer must bear the fees incurred by the respective bank if he is responsible for this . The seller reserves the right to carry out a credit check when selecting the SEPA direct debit payment method and to reject this payment method if the credit check is negative.
4.12 If you choose the payment method direct debit via Stripe, the payment will be processed by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter: “Stripe”). In this case, Stripe will collect the invoice amount from the customer’s bank account on behalf of the seller after a SEPA direct debit mandate has been issued, but not before the deadline for the advance information has expired. Advance information (“pre-notification”) is any message (e.g. invoice, policy, contract) to the customer that announces a debit using SEPA direct debit. If the direct debit is not redeemed due to insufficient funds in the account or because incorrect bank details have been provided, or if the customer objects to the debit although he is not entitled to do so, the customer has to pay the fees incurred by the respective bank as a result of the chargeback
to be borne if he is responsible for this. The seller reserves the right to carry out a credit check when selecting the SEPA direct debit payment method and to reject this payment method if the credit check is negative.
4.13 If you select the credit card payment method via Stripe, 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: “Stripe”). Stripe reserves the right to carry out a credit check and to reject this payment method if the credit check is negative.
5) Delivery and shipping conditions
5.1 Goods are delivered to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the seller’s order processing is decisive.
5.2 If 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 delivery if the customer effectively exercises his right of withdrawal. If the customer effectively exercises the right of cancellation, the regulation made in the seller’s cancellation policy applies to the return costs.
5.3 The seller reserves the right to withdraw from the contract in the event of incorrect or improper delivery to himself. This only applies in the event that the seller is not responsible for the non-delivery and has concluded a specific hedging transaction with the supplier with due diligence. The seller will use all reasonable efforts to procure the goods. In the case of unavailability or only partial availability of the goods, the customer will be informed immediately and the consideration will be refunded immediately.
5.4 Collection by the customer is not possible for logistical reasons.
5.5 Digital content is provided to the customer exclusively in electronic form as follows:
– via download
– by email
5.6 Vouchers are given to the customer as follows:
– via download
– by email
– by post
5.7 License keys are provided to the customer as follows:
– by email
6) Granting of usage rights for digital content
6.1 Unless otherwise stated in the content description in the seller’s online shop, the seller grants the customer the non-exclusive, local and temporally unrestricted right to use the provided content for private and business purposes.
6.2 A transfer of the content to third parties or the creation of copies for third parties outside the scope of these GTC 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 can provisionally allow the use of the contractual content even before this point in time. A transfer of rights does not take place through such a provisional permission.
7) Granting of License Key Usage Rights
7.1 The license key provided entitles the customer to use the software or content shown in the respective product description to the extent described there.
7.2 The granting of rights only becomes effective when the customer has paid the owed remuneration in full.
8) Duration and termination of subscription contracts
8.1 Subscription contracts are concluded for an indefinite period, but at least for the minimum term shown in the respective product description in the seller’s online shop. The subscription contract can be terminated at any time during the minimum term at the end of the minimum term and after the end of the minimum term at any time with a notice period of 14 days.
8.2 The right to extraordinary termination for important reasons remains unaffected. An important reason exists if the terminating party, taking into account all the circumstances of the individual case and weighing the interests of both parties, cannot be expected to continue the contractual relationship until the agreed termination or until the expiry of a period of notice.
8.3 Cancellations must be made in writing or in text form (e.g. by email).
9) Retention of Title
If the seller pays in advance, he retains ownership of the delivered goods until the purchase price owed has been paid in full.
10) Liability for Defects (Warranty)
10.1 If the purchased item is defective, the statutory liability for defects shall apply.
10.2 If the customer acts as a consumer, he is asked to complain to the deliverer about delivered goods with obvious transport damage
ing and to inform the seller thereof. If the customer does not comply, this has no effect whatsoever on his statutory or contractual claims for defects.
11) Special conditions for the processing of goods according to specific customer specifications
11.1 If, according to the content of the contract, the seller owes not only the delivery of goods but also the processing of the goods according to certain specifications of the customer, the customer must provide the seller with all content required for processing such as texts, images or graphics in the file formats, formatting, image specified by the seller – and file sizes and to grant him the necessary rights of use. The customer is solely responsible for the procurement and the acquisition of rights to this content. The customer declares and assumes responsibility for having the right to use the content provided to the seller. In particular, he ensures that no rights of third parties are violated, in particular copyrights, trademarks and personal rights.
11.2 The customer indemnifies the seller against third-party claims that they may assert against the seller in connection with a violation of their rights through the contractual use of the customer’s content by the seller. The customer also assumes the reasonable costs of the necessary legal defense, including all court and attorney’s fees in the statutory amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the seller with all information that is necessary for the examination of the claims and a defense without delay, truthfully and completely.
11.3 The seller reserves the right to refuse processing orders if the content provided by the customer for this purpose violates legal or official prohibitions or offends common decency. This applies in particular to the provision of anti-constitutional, racist, xenophobic, discriminatory, insulting, youth-endangering and/or violence-glorifying content.
12) Redemption of promotional vouchers
12.1 Vouchers that are issued free of charge by the seller as part of promotions with a specific period of validity and that cannot be purchased by the customer (hereinafter “promotional vouchers”) can only be redeemed in the seller’s online shop and only in the specified period.
12.2 Individual products can be excluded from the voucher campaign if a corresponding restriction results from the content of the campaign voucher.
12.3 Promotional vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
12.4 Only one promotional voucher can be redeemed per order.
12.5 The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
12.6 If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to settle the difference.
12.7 The balance of a promotional voucher will neither be paid out in cash nor will interest be paid.
12.8 The campaign voucher will not be refunded if the customer returns the goods paid for in whole or in part with the campaign voucher within the scope of his statutory right of withdrawal.
12.9 The promotional voucher is only intended for use by the person named on it. A transfer of the promotional voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.
13) Redeeming Gift Certificates
13.1 Vouchers that can be purchased via the seller’s online shop (hereinafter “gift vouchers”) can only be redeemed in the seller’s online shop, unless the voucher states otherwise.
13.2 Gift vouchers and remaining balances on gift vouchers can be redeemed up to the end of the third year following the year in which the voucher was purchased. Remaining credit will be credited to the customer by the expiry date.
13.3 Gift vouchers can only be redeemed before completing the ordering process. Subsequent offsetting is not possible.
13.4 Multiple gift vouchers can be redeemed for one order.
13.5 Gift Vouchers can only be used to purchase Goods and cannot be used to purchase further Gift Vouchers.
13.6 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.
13.7 The balance of a gift voucher is neither paid out in cash nor redeemed
nst.
13.8 The gift voucher is only intended for use by the person named on it. A transfer of the gift voucher to third parties is excluded. The seller is entitled, but not obliged, to check the material entitlement of the respective voucher holder.
14) Governing Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties, excluding the laws on the international purchase of movable goods. For consumers, this choice of law only applies insofar as the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
15) Jurisdiction
If the customer acts as a merchant, a legal entity under public law or a 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 place of business of the seller. If the customer is based outside the territory of the Federal Republic of Germany, the seller’s place of business is 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 customer’s professional or commercial activity. In the above cases, however, the seller is always entitled to appeal to the court at the customer’s registered office.
16) Alternative Dispute Resolution
16.1 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 the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
16.2 The seller is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
17) Liability
17.1 The Seller disclaims any liability for financial or other immaterial damage that may be associated with this service, unless the Seller and/or the Seller’s vicarious agents have caused such damage intentionally or through gross negligence. The above limitation of liability does not apply to damages resulting from the breach of essential contractual obligations – essential contractual obligations are those on which the member may regularly rely and/or which enable the execution of the contract.
17.2 The seller is also not liable for incorrect information provided by members when registering or for technically justified transmission delays or failures, unless the seller caused this information, transmission delays or failures intentionally or through gross negligence.
17.3 The seller assumes no liability for the uninterrupted availability of the system or for system-related failures, interruptions and/or malfunctions, insofar as their cause is beyond the seller’s sphere of influence. In particular, the seller is not liable for disturbances in the access quality to the 3BYC, LLC service due to force majeure or events for which the seller is not responsible, in particular the failure of communication networks and gateways. The seller assumes no liability for insignificant interruptions in the service.
18) Release
18.1 By accepting these T&Cs, each Provider releases the Seller from all liability and from all obligations, expenses and claims arising out of its advertising or other use of the Website. This includes damage due to the violation of personal rights, due to the failure of services, due to the violation of intellectual property or other rights.
18.2 The amount of the reimbursement of expenses is limited to the necessary or earmarked expenses. In addition, each provider releases the seller from any liability and all claims and costs resulting from a violation of these terms and conditions, provided that the provider has acted culpably. The reimbursement of expenses is limited to the necessary or earmarked expenses.
19) Final Clause
19.1 The seller reserves the right to adapt or change the general terms and conditions at any time. In the event of adjustments or changes, these will be sent to the user by email two weeks before they come into effect. If the user does not object to the validity of the new terms of use within two weeks of receiving the e-mail, the changed terms of use are deemed to have been accepted. In the event of an objection, the operator has the right to terminate the contractual relationship. The operator will separately inform the user of the importance of this two-week period in the e-mail with the changed conditions.
19.2 However, this only applies to users who at the time of the change changing the terms of use of the operator’s services and who are registered on the website https://www.thecreditgenius.com/. The changed terms and conditions will immediately affect other users. Conflicting terms of use of the users are not part of the contract.