General terms and conditions of the website Dating-Vergleich.com
A. General terms and conditions for the webshop on Dating-Vergleich.com
1. General
All services provided to the customer by the online shop are carried out exclusively on the basis of the following general terms and conditions. Deviating regulations only apply if they have been agreed between the online shop and the customer.
2. Conclusion of contract
2.1 The online shop's offers on the Internet represent a non-binding invitation to the customer to order goods in the online shop.
2.2 By ordering the desired goods online, the customer makes a binding offer to conclude a purchase contract.
2.3 The online shop confirms receipt of the order immediately. The order confirmation and the acceptance of an order by telephone do not constitute a legal acceptance on our part. We only accept the offer when we bring the goods to you for dispatch or make them available for you to download. You will receive a written shipping confirmation by email within 1 day. However, the customer is bound to his offer for a maximum of 1 day.
2.4 The subject of the contract is the goods ordered by the customer. With regard to the quality, the offer description applies, otherwise Section 434 Paragraph 1 Sentence 3 BGB applies.
3. Cancellation policy
Right of withdrawal
You can revoke your contractual declaration within [14 days] without giving reasons in text form (e.g. letter, fax, email) [or - if the item is left to you before the deadline - by returning the item]. The period begins upon receipt of this information in text form. To meet the cancellation deadline, it is sufficient to send the cancellation [or the item] in a timely manner. The revocation must be sent to:
Rodriguez, Joachim
Schussenrieder Strasse 62
88422 Bad Buchau
Germany
http://www.dating-vergleich.com
info[at]dating-vergleich.com
Fax number: 03212-5763744
Consequences of revocation
In the event of an effective revocation, the services received by both parties must be returned and, if necessary, any benefits derived (e.g. interest). (6) If you are unable to return or return the received service and benefits (e.g. usage advantages) or only partially or only in a deteriorated condition, you must pay us compensation in this respect. [You only have to pay compensation for the deterioration of the item if the deterioration is due to handling of the item that goes beyond checking the properties and functionality. “Testing the properties and functionality” means testing and trying out the respective goods, as is possible and usual in a store. Dispatchable goods are returned at our expense and risk. Items that cannot be sent by parcel will be picked up from you.] Obligations to refund payments must be fulfilled within 30 days. The period begins for you when you send your cancellation notice [or the item] and for us when it is received.
End of revocation
Hints:
We would like to point out the following:
There is no right of withdrawal,
– if the goods were made to customer specifications or were clearly tailored to your personal needs or are not suitable for return due to their nature;
– when delivering audio or video recordings and software, provided that the data carriers delivered have been unsealed by you;
– in the other cases of Section 312d Paragraph 4 BGB.
4. Delivery
4.1 All items will be delivered immediately if available from stock.
Delivery takes place both within Germany and to EU countries.
4.2 The delivery time within Germany is a maximum of 1 working day, unless otherwise stated in the offer.
For deliveries abroad, the delivery time is a maximum of 1 working day, unless otherwise stated in the offer.
4.3 If an item is not available at short notice, we will inform you by email about the expected delivery time, provided we have your address.
Your statutory rights are unaffected.
5. Packaging and shipping costs
5.1 We offer the following shipping methods: Instant Download
5.2 We charge for delivery within Germany and packaging costs
the shipping price specified in the offer. The shipping costs are shown and communicated separately for each order.
6. Payment, retention of title
6.1 All prices stated are gross prices in euros, which include the statutory VAT of currently 19% or 7% for books (…). Prices are valid on the day orders are submitted.
6.2 For delivery within Germany, the following payment methods are possible:
via Paypal,
(The customer is obliged to pay the purchase price immediately after conclusion of the contract via Paypal.)
6.3 The delivered goods remain our property until full payment has been made (retention of title according to §§158, 449 BGB). The customer must inform us immediately about third-party enforcement measures against the reserved goods and hand over the documents necessary for an intervention; This also applies to impairments of any other kind. Regardless of this, the customer must inform third parties in advance of the existing rights to the goods.
7. Warranty
If damage to the goods is discovered during transport, we ask the recipient to immediately report the damage to the carrier (shipping service). Please report any other visible transport damage to us in writing within 1 day of receipt of the goods. However, failure to make this complaint has no consequences for your legal rights. Furthermore legal regulations shall apply .
We are not liable for defects that arise as a result of incorrect handling, normal wear and tear or external influences. If repairs are carried out on the goods yourself or by third parties without our written consent, the warranty claim against us will expire.
8. Liability
8.1 The online shop is liable in cases of intent or gross negligence in accordance with the statutory provisions. Liability for guarantees occurs regardless of fault. The online shop is liable for slight negligence exclusively in accordance with the provisions of the Product Liability Act, due to injury to life, body or health or due to the violation of essential contractual obligations. However, the claim for damages for the slightly negligent violation of essential contractual obligations is limited to the foreseeable damage typical for the contract, unless liability is due to injury to life, body or health. The online shop is liable to the same extent for the negligence of vicarious agents and representatives.
8.2 The regulation of the preceding paragraph (8.1) extends to compensation for damages in addition to performance, compensation for damages instead of performance and claims for compensation for wasted expenses, regardless of the legal basis, including liability for defects, delay or impossibility.
9. Data protection
Our data protection declaration is available at http://www.dating-vergleich.com/datenschutzerklaerung/ .
10. Copyright
All third-party logos, images and graphics shown are the property of the relevant companies and are subject to the copyright of the relevant licensors. All photos, logos, texts, reports, scripts and programming routines shown on these pages, which are our own developments or have been prepared by us, may not be copied or used in any other way without our consent. All rights reserved.
11. Miscellaneous
In addition to the statutory right of withdrawal, our unique 30-day satisfaction guarantee applies. You will get your money back within 30 days if you are not satisfied with the product you purchased. All you need to do is send an informal email to info@dating-vergleich.com.
12. Links on our pages
Our offer contains links to external third-party websites over whose content we have no influence.
With its judgment of May 12, 1998 - 312 O 85/98 - "Liability for links", the Hamburg Regional Court decided that by providing a link you may also be responsible for the contents of the linked page. According to the LG, this can only be prevented by expressly distancing oneself from this content.
We hereby expressly distance ourselves from all content of all linked pages on our homepage. This declaration applies to all links on our website.
We cannot therefore assume any liability for this external content. The respective provider or operator of the pages is always responsible for the content of the linked pages.
The linked pages were checked for possible legal violations at the time of linking. Illegal content was not apparent at the time of linking. However, permanent control of the content of the linked pages is unreasonable without concrete evidence of a legal violation. If we become aware of any legal violations, we will immediately remove such links.
13. Final provisions
The validity of the UN Convention on Contracts for the International Sale of Goods is excluded; German law applies. With an order, the general terms and conditions of the online shop are accepted. If a provision of these general terms and conditions is invalid, for whatever reason, the validity of the remaining provisions remains unaffected.
The ineffective regulation will be replaced by the relevant legal regulation. If the customer does not have a general place of jurisdiction in Germany or another EU member state, the exclusive place of jurisdiction for all disputes arising from this contract is our place of business.
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B. General terms and conditions for the Dating-Vergleich.com partner program
14. Preamble
(1)
The partner program on the website www.Dating-Vergleich.com is an offer from Dating-Vergleich.com owner Joachim Rodriguez. The following contractual conditions apply exclusively to all partner contracts. They also apply to all future business relationships, even if they are not expressly agreed again. You will be recognized by registering for the partner program.
(2)
Differing terms and conditions of the participants are non-binding unless they have been expressly accepted in writing by Dating-Vergleich.com.
15. Conclusion of contract
(1)
A contract is concluded after the participant has registered by accepting Dating-Vergleich.com. The employees of Dating-Vergleich.com are not authorized to make verbal side agreements or to give verbal assurances that go beyond the content of the contract.
(2)
Minors are excluded from participating in the affiliate program.
16. Registration
Each participant must register at Dating-Vergleich.com by registering. When registering, the participant must provide their name, and in the case of companies also that of the authorized representative, as well as postal address (not: PO box), telephone, fax and email address. The participant must inform Dating-Vergleich.com immediately of any changes. Incorrect information entitles Dating-Vergleich.com to immediate termination.
17. Partners
(1)
Participants in the partner program are partners. The partners advertise the offers of Dating-Vergleich.com by placing hyperlinks. For this you will receive fees in accordance with the following provisions.
(2)
Participation in the partner program is free of charge for partners. The partners are free to choose the advertising materials offered (here links) and they can remove or replace the links used at any time.
18. Variants
(1)
Dating-Vergleich.com pays the partner an amount to be determined for each rating in accordance with the following clauses.
* Pay per sale:
Only customers who conclude a valid purchase contract in the Dating-Vergleich.com online shop within 90 days of placement will be counted. The rating is a percentage of the contract value. If the concluded contract is invalid or is revoked or reversed in some other way, the commission will be canceled.
(2)
Dating-Vergleich.com determines the value of a rating in advance. The commission is currently 60% of the order value of an order. The amount of the commission can be changed by Dating-Vergleich.com at any time with a notice period of three working days. Dating-Vergleich.com will inform partners immediately about any changes.
(3)
Level 2 compensation: The commission amount for Level 2 sales is 15% . These are sales that are assigned to partners who have registered with us using your partner code.
19. Logging and evaluation
(1)
Dating-Vergleich.com logs all clicks and records them statistically. The protocols can be accessed in the protected partner area.
(2)
The partners are obliged to include the HTML code provided by Dating-Vergleich.com on their website, which is necessary for recording and logging users coming from the partners' websites (code requirement). Dating-Vergleich.com will inform partners about necessary technical adjustments by email. The partners are obliged to implement any adjustments immediately. Non-installation, removal or manipulation of the registration codes entitles Dating-Vergleich.com to termination without notice.
(3)
The partner is solely responsible for correctly passing on the referrer.
(4)
The HTML codes specified by Dating-Vergleich.com for links, banners, etc. may not be changed by the partners. In the event of changes, Dating-Vergleich.com is entitled to terminate the contract without notice.
20. Contractual penalty
(1)
If a partner intentionally attempts to influence the statistics and thus the amounts to be paid to him by the respective partner through significant manipulation attempts (see examples in Section 6), a contractual penalty of EUR 2,500.00 plus VAT due. The same applies if a user who has already been excluded due to breach of contract participates or attempts to participate in the program again under a false name.
21. Payout
(1)
The payout is made at the end of the following month for the commission incurred in the previous month. This will be paid out by bank transfer or Paypal upon request from the partner.
(2)
The payment always takes place at the beginning of the following month. There is no interest, otherwise the payment will be made in the following statement.
22. Notification of defects and warranty
The participants must check the service and the billing immediately. Obvious defects must be reported to Dating-Vergleich.com immediately in writing. Defects that cannot be discovered immediately even after careful inspection must be reported to Dating-Vergleich.com in writing immediately after discovery.
23. Termination
(1)
The contract can be terminated at any time with three working days' notice.
(2)
The right to extraordinary termination for good cause remains unaffected. Any attempt to influence the contractual ratings entitles Dating-Vergleich.com to termination without notice. This applies in particular to mass self-clicks, the use of misleading links or illegal content, spam, manipulation or non-installation of the capture codes or false information. Further claims for damages and in particular the assertion of a contractual penalty in accordance with No. 7 of this contract as well as the filing of a criminal complaint remain reserved in any case.
24. Technical defects
(1)
Dating-Vergleich.com guarantees an availability of the service of 80% on a monthly average. Billing via Dating-Vergleich.com is guaranteed within this time.
(2)
Dating-Vergleich.com is not responsible for intentional attacks by third parties (hackers, computer viruses, DoS attacks, etc.) on its servers and on the Internet.
25. Prohibited content
(1)
Sending unsolicited email advertising (spam), using misleading links and providing false email addresses, names or data are not permitted.
(2)
Dating-Vergleich.com does not check the content of the partner sites and is not responsible for them. The participant must indemnify Dating-Vergleich.com from all damages incurred by Dating-Vergleich.com due to a breach of this obligation and in the event of a dispute.
(3)
If this contractual obligation is breached, Dating-Vergleich.com is entitled to terminate the contract without notice and to claim possible damages.
26. General Limitation of Liability
Claims for damages against Dating-Vergleich.com are excluded unless there is intentional or grossly negligent behavior or the violation of an essential contractual obligation. The same applies if compensation for indirect or consequential damage is requested. Any liability is limited to the damage that was foreseeable at the time the contract was concluded and is typical for such cases.
27. Text form
Declarations to Dating-Vergleich.com and changes to the contract must at least be in text form (e-mail, fax). This also applies to the cancellation of the text form requirement.
28. Data Protection
The participants' data is stored by Dating-Vergleich.com for contract processing and communication within the partner program. They will only be used as part of the fulfillment of the contract and will neither be passed on to third parties nor used for advertising purposes.
29. Place of performance, place of jurisdiction, choice of law
The place of performance for all obligations and the place of jurisdiction for all disputes arising from the contractual relationship is Biberach an der Riß if the contractual partner is a merchant or a legal entity under public law. The contractual relationship is subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
30. Severability clause
If a clause of these conditions is ineffective, the effectiveness of the remaining conditions remains unaffected.
