General terms and conditions with customer information

Table of contents

1. Scope
2. Conclusion of contract
3. Right of withdrawal
4. Prices and payment terms
5. Contract duration and termination in the case of continuing obligations
6. Liability
7. Applicable law
8. Alternative dispute resolution

1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Nico Pilters Marcel Hillar Pascal Hillar GbR (hereinafter "Provider") apply to all contracts for the provision of services concluded between a consumer or entrepreneur (hereinafter "Customer") and the Provider regarding the services presented by the Provider on its website. The inclusion of the Customer's own terms and conditions is hereby excluded, unless otherwise agreed.

1.2 A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor independent professional activity. An entrepreneur within the meaning of these Terms and Conditions is a natural or legal person, or a partnership with legal capacity, who, when entering into a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of contract

2.1 The service descriptions on the provider's website do not constitute binding offers on the part of the provider, but serve to submit a binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated into the provider's website. After placing the selected services in the virtual shopping cart and completing the electronic ordering process, the customer submits a legally binding contractual offer for the services contained in the shopping cart by clicking the button that completes the ordering process.

2.3 The provider may 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 the receipt of the order confirmation by the customer is decisive, or
• by starting to perform the service at the customer’s request and notifying the customer of this, or
• by requesting payment from the customer after placing his order.

If several of the aforementioned alternatives exist, the contract is concluded at the time one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the offer is sent by the customer and ends on the expiry of the fifth day following the dispatch of the offer. If the provider does not accept the customer's offer within the aforementioned period, this shall be deemed a rejection of the offer, with the consequence that the customer is no longer bound by their declaration of intent.

2.4 When submitting an offer via the provider's online order form, the contract text will be saved by the provider after the contract has been concluded and sent to the customer in text form (e.g., by email, fax, or letter) after the order has been sent. The provider will not make the contract text available beyond this time.

2.5 Before submitting a binding order via the provider'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 detection of input errors can be the browser's zoom function, which enlarges the display on the screen. During the electronic ordering process, the customer can correct their entries using the usual keyboard and mouse functions until they click the button that completes the order process.

2.6 The German language is available for the conclusion of the contract.

2.7 Order processing and contact are generally carried out via email and automated order processing. The customer must ensure that the email address provided for order processing is correct, so that emails sent by the provider can be received at this address. In particular, when using spam filters, the customer must ensure that all emails sent by the provider or third parties commissioned by the provider to process the order can be delivered.

3) Right of withdrawal

Consumers generally have a right of withdrawal. Further information on the right of withdrawal can be found in the provider's cancellation policy.

4) Prices and payment terms

Unless otherwise stated in the provider's service description, the prices stated are total prices that include statutory VAT.

5) Contract duration and termination of continuing obligations

5.1 Information on the duration and termination of the contract, in particular on the terms of termination for services provided within the framework of continuing obligations, will be communicated to the customer in the respective service description on the provider's website.

5.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists if, taking into account all circumstances of the individual case and balancing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination date or until the expiration of a notice period.

5.3 Terminations may be made in writing, in text form (e.g. by email) or electronically via the termination mechanism (cancellation button) provided by the Provider on its website.

6) Liability

The provider is liable to the customer for all contractual, quasi-contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows:

6.1 The provider is liable without limitation for any legal reason

• in case of intent or gross negligence,
• in the event of intentional or negligent injury to life, body or health,
• based on a guarantee promise, unless otherwise agreed,
• due to mandatory liability such as under the Product Liability Act.

6.2 If the Provider negligently breaches a material contractual obligation, liability is limited to the typical, foreseeable damages under the contract, unless unlimited liability applies in accordance with the above clause. Material contractual obligations are obligations that the contract imposes on the Provider according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place, and on whose compliance the Customer may regularly rely.

6.3 Otherwise, the provider’s liability is excluded.

6.4 The above liability provisions also apply with regard to the liability of the provider for its vicarious agents and legal representatives.

7) Applicable law

7.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws governing the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.

7.2 Furthermore, this choice of law with regard to the statutory right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, are not members of a Member State of the European Union and whose sole residence and delivery address are outside the European Union at the time of conclusion of the contract.

8) Alternative dispute resolution

The provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.