General terms and conditions with customer information
Table of contents
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scope
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Subject of the contract
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conclusion of contract
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compensation
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performance disruptions
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Applicable Law
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Alternative Dispute Resolution
1) Scope
1.1 These general terms and conditions (hereinafter "GTC") of Dominic Schlierkamp (hereinafter "agent") apply to all contracts for the brokerage of contracts (hereinafter "main contract") that a consumer or entrepreneur (hereinafter "customer) concludes with the agent via the intermediary's website completes. The inclusion of the customer's own conditions is hereby contradicted, unless something else has been agreed.
1.2 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.
2) Subject of the contract
The subject of the contract between the customer and the intermediary regulated in these GTC is the mediation of contracts that are concluded between the customer and a third party (hereinafter "provider"). The content of the main contract results from the respective article or service description on the website of the respective provider. The agent's obligation to perform is limited to forwarding the customer to the offer of the respective provider via his website via an electronic link. The intermediary does not become a party to the main contract and does not accept any declarations of intent relating to the main contract. Furthermore, the agent does not guarantee that a contract will actually come about between the customer and the provider. The main contract is not fulfilled by the intermediary but by the respective provider. For the main contract, the statutory provisions in the relationship between customer and provider apply, as well as any contractual conditions of the respective provider that deviate from them.
3) Conclusion of contract
3.1 The agent provides the customer with various advertising links or advertising banners on its website, via which the customer is redirected to the offers of the respective provider with a mouse click. The provision of these advertising links or advertising banners represents a binding offer by the agent to conclude a brokerage contract, which the customer can accept by clicking on the respective advertising link or advertising banner with the mouse.
3.2 The text of the contract regarding the mediation is neither stored by the agent nor is it accessible to the customer after he has submitted his contract declaration.
3.3 Only the German language is available for the conclusion of the contract.
4) Compensation
The mediation of the main contract is free of charge for the customer. Any costs incurred by the customer as a result of the mediated main contract will be communicated to the customer in the offer from the respective provider and, in the event of a contract being concluded, will be settled directly by the provider with the customer. In this respect, the statutory provisions apply in the relationship between the customer and the provider, as well as any contractual conditions of the respective provider that deviate from them.
5) Performance Disruptions
5.1 The agent is liable to the customer in accordance with the statutory provisions for performance disruptions in connection with the mediation of contracts in the relationship between agent and customer.
5.2 The agent is not liable for disruptions in performance in the main contract between the customer and the provider. The customer must assert claims due to performance disruptions in the main contract directly to the respective provider.
6) Governing Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties. 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.
7) Alternative Dispute Resolution
7.1 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.
7.2 The agent is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.