General terms and conditions
1 General information
Onlineshop24.com (following Onlineshop24) is a product of Internetactive GmbH, Willemerstrasse 4, 63067 Offenbach, Germany.
The following General Terms and Conditions (GTC) govern the contractual conditions under which we offer our services.
These terms and conditions are part of the contract and apply to the present order as well as to future transactions between Onlineshop24 and the customer. They are fully accepted by the customer in the version valid at the time of the conclusion of the transaction.
- Any provisions deviating from these terms and conditions, in particular the customer’s terms and conditions, are hereby objected to.
- German law applies exclusively. The application of the laws and conventions of the international sales law (CISG) is excluded.
- Collateral agreements to these GTC must be in writing to be valid.
- If, for any reason, individual provisions of these General Terms and Conditions should be invalid, the validity of the remaining provisions shall not be affected.
2 Offer and conclusion of contract
- The customer has the possibility on the website of Onlineshop24 itself from different modules, his individual Onlineshop or website to put together.
- The customer transmits his general contact data by pressing the order button.
- The customer makes a deposit of 50% of the order amount (purchase) or the first installment in case of installment plan.
- Onlineshop24 confirms the offer inquiry and begins with the conversion of the requested achievement.
- A verbal promise is not sufficient to conclude a contract, unless we provide the service
- Additional agreements are only effective if they have been confirmed by us in writing.
3 Our services and the customer’s obligation to cooperate
- Onlineshop24 creates and creates technically and visually complex Onlineshops and websites. The nature and scope of these services shall be based on the agreed service description and, if applicable, other written agreements between the contracting parties.
- The details of the possible components of our activities can be found on our Onlineshop24.com website.
- Subsequent change requests by the customer, which are not part of the ordered service, must be paid for separately by the customer.
- The customer provides Onlineshop24 with all content to be used in the homepage. The prompt delivery of data is the basis for the fulfilment of this contract.
- The supplied material is provided in electronic form.
- Texts in Word or common text editing formats
- Images in sufficiently high resolution, as jpg.
- Logo as optional .eps or open file
- As far as texts are not available in Word or common word processing formats as well as pictures not in digital form – in sufficiently high resolution, as .jpg, logo as exempted .eps or open file – we can also help here, additional costs will be charged according to expenditure. If desired, we can also research images for the design of the website from image databases. Here, too, additional costs are incurred according to effort and costs for the images themselves.
- If the customer has additional wishes that go beyond the offer, the additional work will be invoiced separately at an hourly rate.
- The creation of the Onlineshop can be viewed and controlled by the customer at any time via his address: https://staging.Your-Domain.de or https://your-Domain.onlineshop24.com
- After completion of the Onlineshop and notification of Onlineshop24 to the customer, the customer is obliged to accept the contractual service immediately and may not refuse it for creative-artistic reasons. There is freedom of design within the scope of the order.
- If defects are found on the website, Onlineshop24 will remedy them promptly.
- The successful elimination of the defects shall be considered as final acceptance. Should the customer discover further defects afterwards, these will be invoiced separately.
- The services rendered shall be deemed to have been accepted in accordance with the contract without express declaration and shall be invoiced if the customer does not submit a declaration of acceptance within 10 working days after notification of completion (also in electronic form) and does not make any other comments.
- After successful final acceptance the page will be moved from https://your-Domain.onlineshop24.com to https://your-Domain.com. A final acceptance is also automatically present when the customer orders the final online placement.
5 Prices and terms of payment
- The respective valid prices are available on our Onlineshop at: https://onlineshop24.com/en/prices/
- The contractual remuneration shall be stated in each case in Euro plus VAT at the legally applicable rate.
- The invoice amount is due upon receipt of the invoice. Each invoice is to be paid by the customer without deduction immediately upon receipt by bank transfer to the account specified in the invoice. This also applies to subscription invoices, which are usually issued monthly.
- 50% of the order amount is due when the order is placed. The remaining 50% are due upon final acceptance and before the final online placement. With installment plan the first instalment is due immediately.
- If the customer is in default of payment, we are entitled to demand default interest at the statutory rate. We reserve the right to assert further damages. Furthermore, Onlineshop24 is entitled to place the Onlineshop offline until payment is received.
- Any notice of termination must be in writing (letter, fax or e-mail). Partial terminations are permissible insofar as they affect a complete service phase.
- If the customer is responsible for the reason for termination, we shall be entitled to the agreed remuneration less any deductions. saved expenses. The parties reserve the right to prove lower or higher saved expenses. Further claims of the customer are excluded.
- Subscription services can be cancelled at any time after expiry of the minimum term without giving reasons with a notice period of 4 weeks to the end of a month.
- The right to extraordinary termination remains unaffected.
7 Granting of rights of use, condition precedent and log-in data
- Unless otherwise agreed, we grant the customer all rights of use to the work result created by us. This also applies in the event that our services are protected by copyright. The customer thereby becomes the exclusive holder of rights, although we remain entitled to self-promotion of the work results (see section 10 of these GTC).
- The rights of use mentioned in 7 (1) shall be granted to the Customer under the condition precedent that the Customer pays the invoices resulting from the respective order in full.
- The customer will receive the log-in data from us for further use and maintenance of the website created by us as soon as the invoice resulting from the respective order is fully paid.
8 Protection of the rights of third parties, responsibility of the customer
- We are not responsible for checking to what extent the content (texts, images, videos, etc.) made available to us by the customer violates copyrights, trademark rights, personal rights and/or other rights of third parties when posted on the Internet.
- The customer is therefore solely responsible for acquiring any necessary rights of use and other approvals from the rights holders of such content.
9 Declaration of exemption and liability of the customer
- The customer hereby indemnifies us from all claims and demands of any kind, which are asserted against us by third parties due to the contents made available to us by the customer. This includes the reasonable costs of legal defense as well as court costs.
- The customer is therefore also liable to us for all content posted by him if it violates legal regulations.
10 Use of order results for self-promotion, name of customer as reference
We are entitled to use the work results produced within the scope of the order for self-promotion.
11 Our liability and limitation of liability
Our liability, regardless of the legal basis, is limited to intent and gross negligence. These limitations of liability also apply to breaches of duty by our legal representatives or our vicarious agents.
The limitations of liability do not apply
- a) in case of personal injury (injury to life, body or health);
- b) for damages caused by the absence of a quality that we have guaranteed;
- c) in case of violation of cardinal obligations (essential contractual obligations). This includes damage caused by simple negligent breach of such contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which the customer regularly relies and may rely. However, we are only liable to the extent that the damages are typically associated with the contract and are foreseeable.
12 External services, third-party providers
If external services are used for the website (e.g. GoogleMaps, web hosting etc.), the rights of use of the external service providers apply without restriction. Onlineshop24 appears here only as vicarious agent.
13 Data protection
The customer agrees to the collection, storage and processing of his personal data to the extent that this is necessary for the execution of this contract. This also applies to the billing of the remuneration.
14 Place of performance and jurisdiction
- The place of performance with customers who are to be regarded as entrepreneurs within the meaning of § 14 BGB is Offenbach am Main
- If the customer is a merchant, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Germany, the place of jurisdiction shall be Offenbach am Main. In all other respects the place of jurisdiction shall be determined in accordance with the general statutory provisions.