ScopeConclusion of ContractRight of WithdrawalPrices and Payment ConditionsContract Duration and Termination for Continuing ObligationsApplicable LawJurisdictionAlternative Dispute Resolution
1) Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Lead2Sale GmbH (hereinafter "Provider"), apply to all contracts for the provision of services concluded between a consumer or entrepreneur (hereinafter "Customer") and the Provider regarding the services presented by the Provider on its website. The inclusion of the Customer's own conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership that acts in the exercise of its commercial or self-employed professional activity when concluding a legal transaction.
2) Conclusion of Contract
2.1 The service descriptions on the Provider's website do not constitute binding offers by the Provider 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 Provider's website. In doing so, after placing the selected services in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding offer regarding the services in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Provider may accept the Customer's offer within five days,
by sending a written order confirmation or an order confirmation in text form (fax or email) to the Customer, whereby the receipt of the order confirmation by the Customer is decisive, orby beginning the execution of the service at the Customer's request and notifying the Customer thereof, orby requesting payment from the Customer after the order has been placed.
If several of the aforementioned alternatives are present, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins on the day after the offer is sent by the Customer and ends on the fifth day following the dispatch of the offer. If the Provider 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 its declaration of intent.
2.4 When submitting an offer via the Provider's online order form, the contract text is stored by the Provider after the contract is concluded and sent to the Customer in text form (e.g., email, fax, or letter) after the order has been sent. The Provider does not make the contract text accessible beyond this.
2.5 Before submitting the binding order via the Provider's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognizing input errors can be the enlargement function of the browser, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.
2.6 Only the German language is available for the conclusion of the contract.
2.7 The order processing and contact usually take place via email and automated order processing. The Customer must ensure that the email address they provide for order processing is correct so that the emails sent by the Provider can be received at this address. 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.
3) Right of Withdrawal
Consumers generally have a right of withdrawal. More detailed information on the right of withdrawal can be found in the Provider's withdrawal policy.
4) Prices and Payment Conditions
Unless otherwise stated in the Provider's service description, the prices quoted are total prices that include the statutory value-added tax.
5) Contract Duration and Termination for Continuing Obligations
5.1 Information on the contract duration and termination, particularly on the termination modalities for services provided as part of continuing obligations, is provided to the Customer in the respective service description on the Provider's website.
5.2 The right to extraordinary termination for good cause remains unaffected. Good cause exists if the terminating party, considering all circumstances of the individual case and weighing 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.
5.3 Terminations must be made in writing or in text form (e.g., by email).
6) Applicable Law
6.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany, excluding the laws on the international sale of movable goods. For consumers, this choice of law applies only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has their habitual residence.
6.2 This choice of law does not apply regarding the statutory right of withdrawal for consumers who, at the time of concluding the contract, are not members of a Member State of the European Union and whose sole place of residence and delivery address are outside the European Union at the time of the contract conclusion.
7) Jurisdiction
If the Customer acts as a merchant, a legal entity under public law, or a special fund under public law with its seat within the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the business seat of the Provider. If the Customer's seat is outside the territory of the Federal Republic of Germany, the business seat of the Provider is the exclusive place of jurisdiction for all disputes arising from this contract, provided that the contract or claims arising from the contract can be attributed to the Customer's professional or commercial activity. However, in the aforementioned cases, the Provider is also entitled to appeal to the court at the Customer's seat.
8) Alternative Dispute Resolution
8.1 The EU Commission provides a platform for online dispute resolution on the internet at the following link:
Online Dispute Resolution
. This platform serves as a point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
8.2 The Provider is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
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