General terms and conditions with customer information
Table of contents
1. Scope of application
2. Conclusion of contract
3. Right of withdrawal
4. Prices and terms of payment
5. Provision of content
6. Granting of rights of use
7. Liability for defects
8. Applicable law
9. Code of Conduct
10. Alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter "GTC") of Nikolas Primbas, Ibrahim Abou El Atta, trading as "PTS-PublicTech Solutions UG" (hereinafter "Contractor"), apply to all contracts for the provision of data that is created and provided in digital form (digital content) that a consumer or Contractor (hereinafter "Customer") concludes with the Contractor with regard to the digital content described by the Contractor in its online store. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity.
1.3 An entrepreneur within the meaning of these GTC 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) Conclusion of contract
2.1 The contents described in the Contractor's online store do not constitute binding offers on the part of the Contractor, 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 Contractor's online store. After placing the selected content in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the content contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The entrepreneur 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 in this respect, or
- by providing the customer with the ordered content, or
- by requesting payment from the customer after the order has been placed.
If several of the aforementioned alternatives exist, the contract is concluded at the point in 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 at the end 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 shall be deemed a rejection of the offer with the consequence that the customer is no longer bound by his declaration of intent.
2.4 When submitting an offer via the online order form of the entrepreneur, the contract text is stored by the entrepreneur after the conclusion of the contract and transmitted to the customer in text form (e.g. e-mail, fax or letter) after the customer's order has been sent. The entrepreneur will not make the text of the contract available beyond this. If the customer has set up a user account in the entrepreneur's online store before sending his order, the order data will be archived on the entrepreneur's website and can be accessed by the customer free of charge via his password-protected user account by entering the corresponding login data.
2.5 Before binding submission of the order via the online order form of the entrepreneur, the customer can recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. Customers can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click on the button that completes the ordering process.
2.6 The German language is available for the conclusion of the contract.
2.7 Order processing and contact are generally carried out by e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that the e-mails sent by the entrepreneur can be received at this address. In particular, when using SPAM filters, the customer must ensure that all e-mails sent by the trader or third parties commissioned by the trader to process the order can be delivered.
3) Right of withdrawal
Consumers are generally entitled to a right of withdrawal. Further information on the right of withdrawal can be found in the entrepreneur's withdrawal policy.
4) Prices and terms of payment
4.1 The prices quoted by the entrepreneur are total prices and include statutory VAT.
4.2 The payment options are specified in the entrepreneur's online store.
5) Provision of content
Digital content is provided to the customer as follows:
- by direct access via the entrepreneur's website
- via download
- by e-mail
6) Granting of rights of use
6.1 Unless otherwise stated in the content description in the entrepreneur's online store, the entrepreneur grants the customer the non-exclusive right to use the content provided for private purposes only, without restriction in terms of location or time.
6.2 The transfer of content to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted unless the entrepreneur has agreed to the transfer of the contractual license to the third party.
6.3 Insofar as the contract relates to the one-off provision of digital content, the granting of rights shall only become effective once the customer has paid the contractually owed remuneration in full. The Contractor may provisionally permit the use of the contractual content even before this point in time. Such provisional permission does not constitute a transfer of rights.
7) Liability for defects
The statutory liability for defects applies.
8) Applicable law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international sale of goods. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
9) Code of conduct
The entrepreneur has submitted to the following code of conduct:
- The entrepreneur has submitted to the Trusted Shops quality criteria, which can be viewed on the Internet at https://www.trustedshops.com/tsdocument/TS_QUALITY_CRITERIA_de.pdf.
10) Alternative dispute resolution
10.1 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 in which a consumer is involved.
10.2 The entrepreneur is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
