1. 1 These General Terms and Conditions (hereinafter "AGB") of Christopher Sakel, acting under "Sole proprietorship Christopher Sakel" (hereinafter "Provider"), apply to all contracts that a consumer or entrepreneur (hereinafter „Customer“) with the provider with regard to the services presented by the provider on its website. The inclusion of the Customer"s own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 Consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that can be attributed predominantly neither to their commercial nor their independent professional activity can be attributed.
1. 3 Entrepreneur within the meaning of these Terms and Conditions is a natural or legal person or a legally responsible partnership, which acts in the conclusion of a legal transaction in the exercise of their commercial or independent professional activity.
2.1 The Provider shall provide services for making content available via the Internet. For this purpose, he shall provide the customer with system resources on a virtual server. The customer may store content on this server up to a certain extent. The exact scope results from the service description of the provider.
2.2 On the server, the contents under an Internet domain assigned to the customer are kept ready for retrieval üvia the Internet. The services of the Provider in the transmission of data shall be limited solely to the data communication between the transfer point of the Provider"s own data communication network to the Internet and the server provided for the Customer. It is not possible for the Provider to influence data traffic outside its own communications network. A successful forwarding of information from or to the computer requesting the content is therefore not owed in this respect.
2.3 The online service of the provider is offered subject to availability. A 100 percent availability is not technically feasible and can therefore not be guaranteed to the customer by the provider. However, the Provider shall endeavor to keep the service available as constantly as possible. In particular, maintenance, security or capacity issues, as well as events beyond the control of the provider (disruptions of public communication networks, power outages, etc.), may lead to disruptions or temporary shutdown of the service.
2.4 The Provider shall provide the aforementioned services with an overall availability of 99%.
The availability shall be calculated on the basis of the time allotted to the respective calendar month in the contractual period, minus the maintenance periods. The Provider shall perform the maintenance work, to the extent possible, during low-use periods.
2.5 Unless otherwise agreed, the Provider shall not create backup copies of the Customer Content. The Customer shall be responsible for creating and maintaining sufficient backup copies of its content stored with the Provider and for not exclusively storing such content on the Provider"s servers.
2.6 The Provider shall be entitled to adapt the hardware and software used to provide the Services to the respective state of the art. If, as a result of such adaptation, additional requirements arise for the content stored by the Customer on the server in order to ensure the provision of the Provider"s services, the Provider shall notify the Customer of these additional requirements in a timely manner. In this case, the Customer shall notify the Provider no later than four weeks prior to the changeover date whether it will adapt its content to the additional requirements in due time, i.e. no later than three working days prior to the changeover date. If the Customer refuses to adapt its content or does not declare this to the Provider within the aforementioned period, the Provider may terminate the contractual relationship with effect from the changeover date.
2.7 The Provider shall also procure the Internet domain(s) under which the Customer"s content is to be made available. For this purpose, the Customer shall name the Internet domain(s) desired by him. The Provider shall not assume any liability for the availability of the desired domain(s) or the non-infringement of third-party rights (e.g. name, trademark or title rights) by registering the desired domain(s) with the Customer. If the desired domain(s) should no longer be available, the Provider shall notify the Customer thereof without delay and submit to the Customer up to three alternative proposals that come as close as possible to the originally desired domain. The Customer shall then decide on one of the alternative proposals within a reasonable period of time set by the Provider. If the Customer fails to meet the reasonable deadline set by the Provider, the Provider shall be entitled to select a domain for the Customer. The Provider shall not be responsible for obtaining rights to domains already registered for third parties by the responsible registry. The integration of an external domain, which is administered by another provider, is not permitted. The Provider shall register the domain in the name and for the account of the Customer. Particularly in the selection of the domain name and the registry as well as in the negotiations on the conditions, the Provider shall independently safeguard the Customer"s financial interests and use its expertise in the Customer"s service. Upon request, the Provider shall provide the Customer with information and account for the status and progress of its undertakings in this matter at any time. All rights and rights to the name acquired to the domain are with the customer.
3.1 The provider reserves the right to change the services offered or to offer different services, unless this is not reasonable for the customer.
3. 2 The provider reserves the right to change the services offered or to offer different services,
3.3 Änderungen with only insignificant impact on the services of the provider do not constitute performanceänderungen in the sense of this paragraph. This applies in particular to changes of a purely graphical nature and the mere change in the arrangement of functions.
4. 1 The services described on the website of the provider do not constitute binding offers on the part of the provider, but serve to submit a binding offer by the customer.
4.2 The customer can submit the offer üvia the online order form provided on the website of the provider. In doing so, after entering his personal data, the customer submits a legally binding contract offer in relation to the selected services by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer by telephone, e-mail or mail to the seller.
4. 3 The supplier can accept the offer of the customer within five days,
If several of the aforementioned alternatives exist, the contract shall be concluded at the time at which one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the sending of the offer by the customer and ends with the expiry of the fünfte day, which follows the sending of the offer. If the provider does not accept the customer"s offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
4.4 If a payment method offered by PayPal is selected, the payment will be processed üvia the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: „PayPal“), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the customer does not ühave a PayPal account – under the terms and conditions for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the provider already declares acceptance of the customer"s offer at the time the customer clicks the button completing the ordering process.
4.5 When submitting an offer üvia the online order form of the provider, the contract text is stored after the conclusion of the contract by the provider and the customer after sending his order in writing (eg e-mail, fax or letter) übermittelt. The provider shall not make the text of the contract accessible beyond this. If the customer has set up a user account for the website of the provider before sending his order, the order data will be archived on the website of the provider and can be accessed by the customer free of charge via his password-protected user account by providing the appropriate login data.
4.6 Before binding submission of the order üvia the online order form of the provider, the customer can mögliche input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries in the context of the electronic ordering process über the üblichen keyboard and mouse functions until he clicks the button concluding the ordering process.
4. 7 For the conclusion of the contract is exclusively the German language available.
4.8 The order processing and contact usually take place by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is accurate, so that under this address the e-mails sent by the provider can be received. 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.
Consumers are generally entitled to a right of withdrawal. More information on the right of withdrawal can be found in the cancellation policy of the provider.
6.1 The content stored by the customer on the storage space intended for him may be protected by copyright and data protection laws. The Customer grants the Provider the right to make the content stored on the server accessible via the Internet in the event of queries, in particular to reproduce and transmit it for this purpose and to be able to reproduce it for the purpose of data backup. The customer shall be responsible for determining whether the use of personal data by him complies with data protection requirements.
6.2 The customer undertakes not to store any content on the storage space provided that violates applicable law or infringes the rights of third parties. Furthermore, the customer shall ensure that any programs, scripts or the like installed by him do not endanger the operation of the server or the communication network of the provider or the security and integrity of other data stored on the servers of the provider.
6.3 The customer shall indemnify the provider against all claims asserted by third parties against the provider for infringement of their rights due to content stored by the customer on the server. The customer shall bear the costs of the necessary legal defense, including all court and attorney fees to a reasonable extent. This shall not apply if the customer is not responsible for the infringement. In the event of a claim by a third party, the customer is obliged to provide the provider with all information that is necessary for the examination of the claim and a defense without delay, truthfully and completely.
6. 4 In the event of an imminent or actual breach of the above obligations, as well as in the event of the assertion of not obviously unfounded claims by third parties against the provider due to the content stored on the server, the provider shall be entitled, also taking into account the legitimate interests of the customer, to temporarily discontinue the connection of this content to the Internet in whole or in part with immediate effect. The provider will inform the customer immediately about this measure.
6.5 Danger or impair programs, scripts, etc. installed by the customer. the operation of the Provider"s server or communication network or the security and integrity of other data stored on the Provider"s servers, the Provider may deactivate or uninstall such programs, scripts, etc.. If the elimination of the threat or impairment so requires, the Provider shall also be entitled to interrupt the connection of the content stored on the server to the Internet. The Provider shall inform the Customer immediately of such measures.
6.6 For access to the storage space intended for the Customer, the Customer shall receive a user ID and a password that can be changed. The customer is obliged to change the password at regular intervals. The Customer may only pass on the password to persons who have been authorized by the Customer to access the storage space.
7.1 Unless otherwise stated in the Provider"s description of services, the prices stated are total prices that include the statutory value-added tax.
7.2 The payment options and the payment modalities are communicated to the customer on the website of the provider.
7. 3 If the payment method „SOFORT“ is selected, payment processing ütakes place via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 München (hereinafter „SOFORT“). In order to be able to pay the invoice amount via „SOFORT“, the customer must have an online banking account activated for participation in „SOFORT“, identify himself accordingly during the payment process and confirm the payment instruction to „SOFORT“. The payment transaction will be executed immediately afterwards by „SOFORT“ and the customer"s bank account will be debited. More information on the payment method „SOFORT“ can be accessed by the customer on the Internet at https://www.klarna.com/sofort/.
7.4 If prepayment by bank transfer is agreed, the payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.
7.5 - Credit card payment via Stripe
When selecting the payment method credit card via Stripe, the invoice amount is due immediately upon conclusion of the contract. The payment is processed by 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 refuse this payment method in the event of negative creditworthiness.
8. 1 The contract is concluded for an indefinite period, but at least for the duration of 10 days (minimum term).
8.2 The right to extraordinary termination for cause remains unaffected. Good cause shall be deemed to exist if the terminating party, taking into account all circumstances of the individual case and considering the interests of both parties, cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.
8.3 Terminations must be made in writing or in text form (e.g. by e-mail).
8.4 After termination of the contractual relationship, the Provider shall make the content stored on the storage space intended for the Customer available to the Customer on a data carrier. Any rights of retention of the provider remain unaffected.
9. 1 If, in providing telecommunications services to the public, the provider negligently violates the Telecommunications Act, a statutory order issued on the basis of this Act, an obligation imposed in an allocation on the basis of this Act, or a decree of the Federal Network Agency (Bundesnetzagentur), the provider shall be liable to the public; gung of the Federal Network Agency, the liability towards the customer for any damage to property pursuant to § 44a TKG shall be limited.
9.2 Otherwise, the provider is liable for all contractual, contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:
9. 2. 1 The provider is liable for any legal reason without limitation
9.2.2 If the provider negligently violates an essential contractual obligation, liability is limited to the foreseeable damage typical for the contract, unless liability is unlimited according to the above paragraph. Material contractual obligations are obligations which the contract imposes on the Provider according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and compliance with which the Customer may regularly rely on.
9.2.3&incl;Otherwise, any liability of the Provider is excluded.
9.2.4 The foregoing liability provisions shall also apply with regard to the liability of the provider for its vicarious agents and legal representatives.
10.1 The provider reserves the right to change these GTC at any time without giving reasons, unless this is not reasonable for the customer. The Provider shall notify the Customer of any changes to the GTC in text form in a timely manner. If the customer does not object to the validity of the new GTC within a period of four weeks after notification, the amended GTC shall be deemed accepted by the customer. In the notification, the Provider shall inform the Customer of his right to object and the significance of the objection period. If the customer objects to the changes within the aforementioned period, the contractual relationship shall continue to exist under the original terms and conditions.
10. 2 The provider reserves the right to change these terms and conditions,
10.3 The customer"s right of termination shall remain unaffected.
The law of the Federal Republic of Germany shall apply to all legal relations between the parties. In the case of consumers, this choice of law shall only apply to the extent that the protection afforded is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
12.1 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 contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
12.2 The provider is not obliged to participate in a dispute resolution procedure before a consumer arbitration board, but is willing to do so.
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