Last changed: 24.02.2024
§ 1 Validity
These General Terms and Conditions form part of all agreements between you and Hauser Deco MODERN UG (limited liability), (hereinafter: “We“ or “Us”) in relation to services and products of Hauser Deco MODERN and the sole basis thereof; conflicting terms and conditions will not apply even if We have not expressly objected to them and carry out your order without reservation.
Our service is exclusively directed to entrepreneurs. At the point of placing your order, you are at the same time offering your assurances that you are not a consumer but are instead an entrepreneur and businessman within the meaning of the German Commercial Code (HGB).
§ 2 Definitions and content of the order
The content of your order for inclusion of your company profile in our suppliers search results from the information provided by you in your customer area on our website and the selected services based on our brochures as amended and constitutes your main order. Design and sorting of your company profile is determined according to the relevant specifications and preferences in your customer area, unless otherwise agreed. We reserve the right to make changes to these specifications and settings during a current order.
§ 3 Placing of orders and the terms thereof
You can place orders with us electronically by selecting a fee plan after the registration. The execution of the order starts at the date of your choice, regardless of whether the data to be provided or maintained by you is complete or accurate. All orders are standing orders, unless otherwise agreed, and will be extended as such by one month if not terminated with a notice period of three days (received here) to the end of the minimum contract period (1 month).
§ 4 Quality Assurance
We are entitled to correct any mistakes identified in your company profile in the context of quality assurance and to make appropriate changes to enhance your profile without being under obligation to do so. You can at any time withdraw this permission in writing and undo or delete corrections and additions.
§ 5 Our contractual obligations
Our obligation is to provide server space for the presentation of your company profile during the contract period and to ensure the visibility of your company profile in our search engine. Furthermore, we will strive, without being obliged to do so, to supplement your company profile with recourse to images and information available on your website within technical and reasonable feasibility or to place and advertise this material in whole or in part on third-party websites, social networks, and other forms of use and media. Specific content or graphic quality of your company profile is not part of the contract. Evidence of publication can be furnished in the form of current screenshots or the reproduction of files complete with date and time from our internal backup system.
§ 6 Your contractual obligations
To use your customer area, you are provided access data consisting of username and password. Keep your password confidential and do not share it with unauthorized third parties. If you have the impression that an unauthorized person has obtained your password, you are required to change your password immediately.
You shall be liable under general law for the content and data of your company profile as well as for ensuring that all files you provide are free of viruses.
You may not post any illegal, immoral, abusive, threatening, violence-glorifying, racist, sexually explicit content, or link to content which may violate religious feelings or denigrate persons with different political opinions or are likely to endanger children or young persons morally or negatively affect their well-being.
If we are sued for breach of any of these obligations, you will indemnify us from all claims of third parties on the first request.
If you violate any of these obligations, we are entitled to block your company profile and/or terminate the contract without notice. Moreover, we reserve the right to refuse to publish the content if it may constitute a violation of applicable laws, public order, morality, accepted principles of morality, or competition, trademark or advertising law. Any fees that have been paid will not be refunded in such cases. You are furthermore under obligation to identify any advertising content on your linked websites as such in the event that editorial and advertising contributions are mixed and to make it clear that you are responsible for the content of these websites.
§ 7 Disruption in Performance, Acceptance and Liability
Liability for brief, insignificant disruptions in accessibility to your company profile or disruptions which are beyond our control, or for any disadvantages from unauthorized use of your login information for which you are responsible, is excluded. This also applies to any service disruptions during maintenance. They do not justify a reduction, termination or assertion of claims for compensation. Prerequisite for the elimination of faults and defects is a timely report. Claims for defects that are not communicated to us in writing within two weeks after they have first been noticed are excluded. Contractual services are considered as accepted once they are used, but no later than 10 days after they have been made available. Warranty services are primarily rendered with corrections. If such a correction finally fails after two unsuccessful attempts, you are entitled to a price reduction or extraordinary termination.
We are liable only for damages caused by gross negligence, willful misconduct or negligent breach of primary obligations by us or by our vicarious agents. The liability is in any case limited in amount to damage foreseeable at the time of conclusion of the contract and does not include cases of force majeure. The limitation period for defects in the performance of Hauser Deco MODERN UG, if these are not based on willful intent, is reduced to 12 months.
§ 8 Data processing and assignment of rights
By placing an order, you agree to the processing, storage, and use of the equipment necessary for order execution, invoicing, increasing the advertising impact of your company profile, technical support, and performance analysis of company profile data, user profiles, and related personal data involved.
Furthermore, you grant Hauser Deco MODERN UG the right to store, process, and make your logos and company or product-related images, moving pictures, and copy publicly accessible on any website and comparable, (including mobile), media and services, to the extent necessary.
Distribution to third parties not concerned with the purpose of the contract is excluded.
§ 9 Payments and maturity
Billing will take place after acceptance of your order. We are entitled to issue invoices solely in electronic form. Payments are due immediately and in advance without deduction upon receipt of the invoice. If you are in default of an installment, in particular because a direct debit or a SEPA direct debit mandate is returned, any existing agreement concerning payment installments shall end immediately and without the need for a separate notice of termination. Payment shall be deemed effected once we can actually dispose of the funds. We shall charge you any returned direct debits in the amount of the costs actually incurred by us, but at least EUR 10.00 for each invoice.
A shortening of the advance information period for SEPA direct debit to one (1) day is hereby agreed. Offsetting is possible only with undisputed or legally established counterclaims. Only authorized representatives shall carry out collection.
PayPal
During the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the store, we will ask PayPal to initiate the payment transaction.
The payment transaction will be executed automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.
PayPal Plus
Within the payment service PayPal Plus we offer you different payment methods as PayPal Services. You will be forwarded to the website of the online provider PayPal. There you can enter your payment data, confirm the use of your data by PayPal and the payment instruction to PayPal.
If you have chosen the payment method PayPal, you must be registered there or register first and legitimize with your access data in order to pay the invoice amount. The payment transaction will be carried out automatically by PayPal immediately after confirmation of the payment order. You will receive further instructions during the ordering process.
If you have chosen the credit card payment method, you do not need to be registered with PayPal to be able to pay the invoice amount. Immediately after confirmation of the payment instruction and after your legitimation as the rightful cardholder, the payment transaction will be carried out by your credit card company at the request of PayPal and your card will be charged. You will receive further instructions during the ordering process.
If you have chosen the payment method direct debit, you do not need to be registered with PayPal to be able to pay the invoice amount. With confirmation of the payment order you give PayPal a direct debit mandate. PayPal will inform you about the date of the debit (so-called prenotification). By submitting the direct debit mandate immediately after confirmation of the payment instruction, PayPal requests its bank to initiate the payment transaction. The payment transaction is executed and your account is debited. You will receive further instructions during the ordering process.
If you have chosen the payment method invoice, you do not need to be registered with PayPal to pay the invoice amount. After successful address and credit check and submission of the order we assign our claim to PayPal. In this case you can only pay to PayPal with debt discharging effect. For the payment processing via PayPal, the terms and conditions and the privacy policy of PayPal apply – in addition to our terms and conditions. Further information and the complete terms and conditions of PayPal for purchase on account can be found here: https://www.paypal.com/de/webapps/mpp/ua/pui-terms?locale.x=de_DE.
§ 10 Place of jurisdiction and miscellaneous
The law of the Federal Republic of Germany shall apply with the exclusion of the Hague Conventions Relating to a Uniform Law on the International Sale of Goods and the German conflict of laws. Place of performance and jurisdiction is the seat of Hauser Deco MODERN UG. Any changes to these GTC, including the text form clause, must be made in writing. The invalidity of individual provisions will not affect the remaining effectiveness of the other provisions of these GTC.
Contact
Hauser Deco MODERN UG
Fabriciusstr. 57
65933 Frankfurt
Germany
Phone: +49 (0)69 138286-70
Fax: +49 (0)69 138286-72
e-mail: info (at) hauser-deco-modern.de
VAT ID: DE299962264
Commercial register: Local Court Frankfurt am Main, HRB 107748
Managing Director: Clemens Hauser
