ONLINE-SHOP/TERMS AND CONDITIONS VIS-À-VIS ENTREPRENEURS (B2B)
§ 1 Applicability
(1) The present general terms and conditions (GTC) apply to all contracts concluded between you and me, Deirdre Paige Brunton, Rambergstr. 5, D - 30161 Hannover represented by Deirdre Paige Brunton via this website (https://squaresecrets.com), unless nothing else has been expressly agreed in writing. We do not accept deviating or conflicting conditions insofar as we have not expressly agreed to them in writing.
(2) You will be notified of amendments of these GTC in writing, per fax or via email. If you do not object to an amendment within four weeks after receipt of notification, the amendments shall be deemed as accepted by you. You will be separately made aware of the right of objection and the legal consequences of the reticence in the case of an amendment of the GTC.
§ 2 Registration as User
(1) Your registration on our website-system will be made free of charge. A claim for an admission to our website-system does not exist. Only natural persons of full legal capacity shall be eligible. You must send us a copy of your identity card or your VAT-ID-registration number and provide us with documentation of your registration with the appropriate company’s registry on our request. For admittance you must electronically fill out the application form on our website and submit it to us. The information required for application shall be given by you complete and truthful. With your application, you choose a personal user name and a password. The user name shall not violate any third party rights or other trademark or rights to safeguard a name or public morals. You are obliged to keep the password secret and not to disclose it to third parties.
(2) Apart from your declaration of consent with the applicability of these terms and conditions, your registration is not linked to any other obligations. You can delete your registration under “My account” at all times. You will not be obliged to buy any of the goods offered by us only due to your registration.
(3) If your personal information shall change, you yourself are responsible for its update. All amendments can be made online under “My account” after log in.
§ 3 Data Protection
(1) All personal data given by you (Title, name, address, date of birth, email-address, telephone number, bank details, credit card details) will only be collected, processed and stored by us pursuant to the German data protection law.
(2) Your personal data, insofar required to create, carry out or terminate the contractual relationship, shall only be used for the implementation of concluded purchasing contracts between you and us, e.g. for delivering the goods to the address indicated by you. A use of your personal data for advertising, market research or for the purpose of a needs-based design of our offers requires your explicit consent. You have the possibility to give this consent before placing your order. This declaration of consent is given completely voluntarily and can be accessed and revoked any time by you via email.
(3) We will also use data, i.e. date which may contain characteristics that identify you, details of the start and end as well as the scope of the respective usage and details of the telemedia used by you, for advertising, market research or for the purpose of a needs-based design of our telemedia to create user profiles using pseudonyms. You are entitled and have the option to object to the use of your data by not using our website. User profiles are not combined with the corresponding data under any circumstances.
(4) If you require more information or if you want to recall or revoke the consent for the use of your inventory data expressly given by you and/or if you want to revoke the use of your usage data, contact our support at the email-address email@example.com or by telephone at the number: +49 (0) 176 436 04249 is at your disposal.
§ 4 Conclusion of Contract, Contract Language
(1) The presentation of the products and services in our online shop does not constitute a legally binding offer, but merely an invitation to place orders (invitatio ad offerendum).
(2) By clicking “Buy Now” or "Enroll in Course" in the last step of the order process, you submit a binding offer for purchase of the goods displayed in the order overview and/or for booking of the services listed in the order overview. Immediately after submitting the order, you will receive an order confirmation, which however does not yet constitute the acceptance of your contract offer. A contract comes into existence between you and us as soon as we accept your order and/or booking by means of a separate email or dispatch the goods. Please regularly check the spam folder of your mailbox.
(3) In our online shop, you can select products for purchase and/or services for booking by placing them in the shopping cart via a click on the respective button. To finish the order, go to the shopping cart, from where you will be guided through the remaining part of the order process. Following the product selection in the shopping cart and the specification of all required order and address data in the subsequent step, you can click “Next” to access a page that summarises the most important product details including the costs that will be incurred. Until this stage, you can correct your input or decide not to enter the contract. Only by subsequently clicking the “Buy Now” or "Enroll in Course" button, you place a binding order in the meaning of subsection (2).
(4) The exclusive language available for the conclusion of the contract shall be English. Translations of these GTC into other languages are for information only. In the event of contradictions between the German text and the translations, the English text shall prevail.
§ 5 Information on Adjustments
To place an order, start by placing the desired goods and/or services in the shopping cart. There you may modify at all time the desired quantity or delete goods and services completely. If you have placed goods and services in the shopping cart, by clicking on the buttons “Next” you will get first to a website where you may enter your data and then you may choose the shipping and payment method. You can review your input on the overview page that will open up. To correct input errors (e.g. with respect to the payment method, data or quantity), click “Edit” next to the respective field. To cancel the order process, you can simply close your browser window. By clicking the confirmation button “Buy Now” or "Enroll in Course" your declaration becomes binding in the meaning of section 4 (2) of these GTC.
§ 6 Storage of the contract text
You will receive the contractual provisions together with information on the goods ordered and/or services booked including these GTC and the information on the right of revocation by e-mail upon acceptance of the contract offer together or together with the notification thereof this. We do not store the contractual provisions for you.
§ 7 Payment Conditions
The purchase price is due immediately after placing the order. The payment of the goods can be made via credit card (we use the transmission method “SSL” to encrypt your personal data), or via PayPal.
§ 8 Retention of Title
(1) The goods shall remain our property until full payment. If you fall behind with your payment more than 10 days after due date, we reserve the right to withdraw from the contract and to reclaim the goods.
(2) You are entitled to resell the goods under retention of title. In this case, you already transfer all claims resulting from this resale to us in the amount of the invoice value, regardless if this resale takes place before or after a possible processing of the goods delivered under retention of title. Notwithstanding our authority to collect the claim ourselves, you remain entitled to collect the claim even after the transfer. In this context, we undertake not to collect the claim ourselves as long and if you are not in default in payments, no filing for insolvency proceedings or other proceedings against your assets exists and if no cessation of payments is given. If the abovementioned securities exceed the claims to be secured by more than 10 %, we are obliged to release the securities on your request at our discretion.
§ 9 Copyright
You must retain all copyrights and other proprietary notices contained in the original content. Copyright notices or trademarks may not be removed. Furthermore, it is not permitted to process the content in such a way that a conclusion on the copyright holder is no longer possible.
§ 10 Delivery Conditions
(1) We deliver the goods pursuant to the agreements made. Arising shipping costs are listed in the product description and are billed separately. Delivery dates and delivery periods are only binding if they have been confirmed by us in writing.
(2) If we do not deliver the goods at all or not according to the contract, you have to set a grace period of 2 weeks. Otherwise you are not entitled to withdraw from the contract.
§ 11 Warranty in case of purchasing goods
(1) If the goods delivered are defective, you are entitled, within the scope of statutory provisions, to demand supplementary performance in the form of removal of defects or delivery of a defect-free item. We are entitled to choose the form of supplementary performance. If the supplementary performance fails, you have the right to reduce the purchase price or to withdraw from the contract. Precondition for any warranty claim is that you fulfill all obligations to inspect and to reprimand owed pursuant to Sec. 377 HGB.
(2) The limitation period of warranty claims for the goods delivered is twelve months from receipt of the goods, except in cases of claims for damages.
§ 12 Limitation of Liability
(1) We are liable for intent and gross negligence. Further, we are liable for the negligent breach of obligations, whose fulfillment is essential to enable the ordinary implementation of the contract, whose breach jeopardizes the achievement of the purpose of the contract and on whose compliance you as a customer may rely on regularly. In the last-mentioned case, we are only liable for the foreseeable, typical contractual damage. We are not liable for slight negligent breach of other obligations than those mentioned in the above sentences.
The abovementioned exclusions of liability do not apply in case of damage of life, body and health. The liability pursuant to the product liability law remains unaffected.
(2) Based on the current state of art, data communication via internet cannot be guaranteed to be error-free and/or available at any time. We are not liable for constant and continuous availability of our online trading system.
§ 13 Final Provisions
(1) Amendments or supplements of these terms and conditions require the written form to be binding. This also applies to the annulment of this written form requirement.
(2) The law of the Federal Republic of Germany shall apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).