Term of Service

Table of Contents

  1. Scope
  2. Conclusion of Contract
  3. Right of Withdrawal
  4. Prices and Payment Terms
  5. Provision of Content
  6. Granting of Rights of Use
  7. Liability for Defects
  8. Applicable Law
  9. Alternative Dispute Resolution
  10. Shipping and Delivery
  11. Returns and Refunds
  12. Privacy and Data Protection
  13. Intellectual Property Rights
  14. User Accounts
  15. Limitation of Liability
  16. Modification of Terms


1) Scope

1.1 These General Terms and Conditions (hereinafter "GTC") of Frontineers GbR (hereinafter "Entrepreneur") apply to all contracts for the provision of data that is created and provided in digital form (digital content) and the sale of physical goods that a consumer or entrepreneur (hereinafter "Customer") concludes with the Entrepreneur with regard to the digital content and physical goods described by the Entrepreneur in its online shop. The inclusion of the Customer's own terms and conditions is hereby contradicted, unless otherwise agreed.

1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their independent professional activity.

1.3 An entrepreneur within the meaning of these General 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 his or her commercial or independent professional activity.

 


 

2) Conclusion of Contract

2.1 The contents and products described in the Entrepreneur's online shop do not represent binding offers on the part of the Entrepreneur, but serve to submit a binding offer by the Customer.

2.2 The Customer can submit the offer using the online order form integrated into the Entrepreneur's online shop. After placing the selected contents and products in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contract offer with regard to the contents and products contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Entrepreneur 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 the receipt of the order confirmation by the Customer is decisive, or
  • by providing the Customer with the ordered content or products, or
  • by requesting payment from the Customer after placing his order.

If several of the aforementioned alternatives apply, the contract is concluded at the time at which 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 sending of the offer. If the Entrepreneur does not accept the Customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the consequence that the Customer is no longer bound by his declaration of intent.


2.4 If a payment method offered by PayPal is selected, payment processing will be carried out via the payment service provider PayPal (Europe) S.à rl et Cie, SCA, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal terms of use, which can be viewed 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 during the online ordering process, the Entrepreneur hereby declares acceptance of the Customer's offer at the time the Customer clicks the button that completes the ordering process.



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



2.6 Before submitting the binding order via the company'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 identifying input errors can be the browser's zoom function, which helps to enlarge the display on the screen. The Customer can correct his entries as part of the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that completes the ordering process.



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



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

 


 

3) Right of Withdrawal

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

3.2 The right of withdrawal does not apply to contracts for the delivery of goods that are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer.

 


 

4) Prices and Payment Terms

4.1 The prices stated by the Entrepreneur are total prices and include statutory sales tax.

4.2 The payment options are specified in the Entrepreneur’s online shop.

4.3 If advance payment by bank transfer is agreed, payment is due immediately after conclusion of the contract, unless the parties have agreed on a later due date.

4.4 If you select a payment method offered via the "Shopify Payments" payment service, payment processing will be carried out via the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). The individual payment methods offered via Shopify Payments will be communicated to the Customer in the Entrepreneur's online shop. To process payments, Stripe may use other payment services for which special payment terms may apply, to which the Customer may be informed separately. Further information on "Shopify Payments" is available on the Internet at https://www.shopify.com/legal/terms-payments-de.

4.5 If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. The credit card payment method is processed in cooperation with PAYONE GmbH, Lyoner Str. 9, 60528 Frankfurt/Main, which the Entrepreneur authorizes to collect the debt on its behalf. PAYONE GmbH collects the invoice amount from the Customer's specified credit card account. The credit card is charged immediately after the Customer's order is sent in the online shop. Even if the credit card payment method is selected via PAYONE GmbH, the Entrepreneur remains responsible for general Customer inquiries, e.g. regarding the goods, delivery times, shipping, returns, complaints, cancellation notices, and returns or credit notes.

4.6 If the credit card payment method is selected, the invoice amount is due immediately upon conclusion of the contract. The processing of the credit card payment method is carried out in cooperation with secupay AG, Goethestr. 6, 01896 Pulsnitz (www.secupay.ag), to which the provider assigns its payment claim. secupay AG collects the invoice amount from the Customer's specified credit card account. In the event of assignment, payments can only be made to secupay AG with debt-discharging effect. The credit card is charged immediately after the Customer has sent the order in the online shop. Even if the credit card payment method is selected via secupay AG, the provider remains responsible for general Customer inquiries, e.g. regarding returns, complaints, cancellation notices, and dispatches or credit notes.

4.7 If you select the credit card payment method via Stripe, the invoice amount is due immediately upon conclusion of the contract. Payment is processed via 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) Provision of Content

Digital content is provided to the Customer as follows:

  • by email
  • by download via a link provided after purchase

 


 

6) Granting of Rights of Use

 

6.1 Unless otherwise stated in the content description in the Entrepreneur’s online shop, the Entrepreneur grants the Customer the non-exclusive, geographically and temporally unlimited right to use the content provided for private and commercial purposes.

6.2 The transfer of the contents to third parties or the creation of copies for third parties outside the scope of these General Terms and Conditions is not permitted unless the Entrepreneur has agreed to a transfer of the contractual license to the third party.

6.3 If the contract relates to the one-time provision of digital content, the granting of rights only takes effect when the Customer has paid the contractually owed remuneration in full. The Entrepreneur can also provisionally permit the use of the contractual content before this point in time. A transfer of rights does not take place through such provisional permission.

 


 

7) Liability for Defects

The statutory liability for defects applies.

 


 

8) Applicable Law (continued)

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

 


 

9) Alternative Dispute Resolution

9.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a point of entry for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.

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

 


 

10) Shipping and Delivery

10.1 The delivery of goods is carried out via shipping to the delivery address specified by the Customer, unless otherwise agreed.

10.2 The delivery time is specified in the respective product description. If no delivery time is specified, the goods will be delivered within a maximum of 30 days.

10.3 If the delivery is delayed due to circumstances beyond the control of the Entrepreneur, such as force majeure, the Entrepreneur will inform the Customer as soon as possible. The Customer may cancel the order if the delay is unreasonable.

10.4 The Entrepreneur reserves the right to withdraw from the contract if the delivery fails due to the supplier’s failure to supply, provided that the Entrepreneur is not responsible for the failure. In such a case, the Entrepreneur will inform the Customer immediately and refund any payments made.

 


 

11) Returns and Refunds

11.1 Consumers have the right to return goods within 14 days of receipt without giving any reason, in accordance with EU regulations.

11.2 To exercise the right of return, the Customer must inform the Entrepreneur of their decision to return the goods by means of a clear statement (e.g., a letter sent by post or email).

11.3 The Customer bears the cost of returning the goods, unless the goods delivered are incorrect or defective.

11.4 If the Customer withdraws from the contract, the Entrepreneur will refund all payments received from the Customer, including delivery charges (except for additional costs resulting from the Customer’s choice of a delivery method other than the least expensive standard delivery offered by the Entrepreneur), without undue delay and no later than 14 days from the day on which the Entrepreneur was informed about the Customer’s decision to withdraw from the contract. The Entrepreneur will use the same means of payment as the Customer used for the initial transaction, unless expressly agreed otherwise; in any event, the Customer will not incur any fees as a result of the refund.

11.5 The Entrepreneur may withhold the refund until it has received the returned goods or the Customer has supplied evidence of having sent back the goods, whichever is earlier.

 


 

12) Privacy and Data Protection

12.1 The Entrepreneur processes the Customer’s personal data for the purpose of fulfilling the contract and in compliance with the applicable data protection regulations.

12.2 The Entrepreneur's privacy policy, which can be accessed on the website, provides detailed information on the nature, scope, and purpose of the collection, processing, and use of personal data by the Entrepreneur, as well as the Customer's rights in this respect.

12.3 The Customer agrees to the processing of their personal data in accordance with the Entrepreneur's privacy policy by concluding a contract with the Entrepreneur.

 


 

14) User Accounts

14.1 Customers may register for a user account on the Entrepreneur's website. Registration requires providing accurate and complete information as prompted by the registration form.

14.2 The Customer is responsible for maintaining the confidentiality of their account login details and is fully responsible for all activities that occur under their account.

14.3 The Entrepreneur reserves the right to suspend or terminate the Customer’s account if it believes that the account is being used in violation of these terms or any applicable laws.

14.4 The Customer may delete their account at any time by following the account deletion instructions on the website or contacting the Entrepreneur directly.

 


 

15) Limitation of Liability

15.1 The Entrepreneur's liability for damages arising from slight negligence shall be limited to the breach of material contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the compliance with which the Customer regularly relies (so-called cardinal obligations). In this case, the liability is limited to the amount foreseeable at the time of the conclusion of the contract.

15.2 The Entrepreneur shall not be liable for any indirect, incidental, or consequential damages, including but not limited to loss of profits, revenue, or data, arising out of or in connection with the use of the website, products, or services provided by the Entrepreneur.

15.3 The aforementioned limitations of liability shall not apply to damages resulting from injury to life, body, or health, in cases of willful misconduct or gross negligence, or in cases of mandatory statutory liability.

 


 

16) Modification of Terms

16.1 The Entrepreneur reserves the right to modify these Terms of Service at any time. Any changes will be effective immediately upon posting the updated terms on the website.

16.2 Customers will be notified of any significant changes to the Terms of Service and may be required to agree to the new terms before continuing to use the services or making purchases.

16.3 If the Customer does not agree to the modified Terms of Service, they may terminate their account and cease using the services provided by the Entrepreneur.

16.4 Continued use of the Entrepreneur’s services after the changes have been made constitutes acceptance of the updated Terms of Service.

 


Contact Information:

If you have any questions about these Terms of Service, please contact us at:

Frontineers GbR

Wilhelm street 26, 88045, Germany

Customercare@frontineers.com

+4915730893652