Contractual terms and conditions within the framework of purchase contracts concluded via the platform https://canarytranslators.com
– hereinafter referred to as “provider” –
the users of this platform designated in § 2 of these GTC – hereinafter referred to as “customers/customers”-.
For the business relationship between the provider and the customer, the following general terms and conditions apply in their valid form at the time of the order. Different terms shall not be recognized, unless the seller agrees to their validity in writing.
(1) The customer can select from the range of the provider’s products and add these to the so-called shopping cart via the “Add to Cart” button. By clicking the “Buy now” button he submits a binding application for the purchase of the goods in the shopping cart. Before submitting the order, the customer can review and change the data at any time.
(2) The provider then sends the customer an automatic acknowledgement of receipt by e-mail, in which the customer’s order is listed again and which the customer can print using the “Print” function. The customer’s order (1) represents the offer to conclude the contract with the respective contents of the shopping cart. The acknowledgement of receipt (order confirmation) represents the acceptance of the offer by the provider. This is the summary of the contents of the order. In this e-mail or in a separate e-mail, but no later than upon delivery of the goods, the contract text (consisting of order, Conditions and order confirmation) will be sent to you in a durable medium (e-mail or hard copy) by us (contract confirmation). The text of the Agreement will be stored in compliance with data protection legislation.
(3) The contract shall be concluded in the following languages: German, English.
(1) The delivery times indicated by us are calculated from the date we accept your order (§ 2 (2) of these terms and conditions), assuming that you have paid for your purchase in advance.
(2) If the product ordered is only temporarily unavailable, the provider will immediately inform the customer of this. For a delivery delay of more than two weeks, you have the right to withdraw from the contract. In this case, the Provider is also entitled to withdraw from the contract. In this eventuality, the seller will immediately refund any payments already made.
(3) The customer can issue the payment by direct bank transfer or PayPal.
(4) Payment of the purchase price is due immediately upon conclusion of the Agreement. If a calendar date has been specified for payment, the customer will be in default if the date is not observed.
Until full payment has been made, the delivered goods remain the property of the Provider.
(1) All prices indicated on the provider’s website are exclusive of applicable taxes.
(1) The Provider is liable for defects in accordance with the applicable statutory provisions, in particular, §§434 ff of the German Civil Code (BGB). For commercial customers, the warranty period on items supplied by the provider is 12 months.
(1) Customer claims for compensation or damages are excluded. This excludes customer claims for damages resulting from injury to life, limb, health or from the breach of essential obligations (cardinal obligations), as well as liability for other damages caused by an intentional or grossly negligent breach of duty by the provider, their legal representatives or agents. Essential contractual obligations are those the fulfilment of which is necessary to achieve the objective of the agreement.
(2) In case of breach of essential obligations, we are only liable for typical, foreseeable damages if these were caused by simple negligence, unless the Customer’s claim is for damages resulting from injury to life, body, or health.
(3) The restrictions of para. 1 and 2 also apply to our legal representatives and vicarious agents if claims are made directly against them.
(4) The regulations of the Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.
(1) The provider collects user data as part of the execution of contracts. The provider follows the provisions of the German Federal Data Protection Act and the German Telemedia Act. Without the consent of the customer, the provider will only collect, process or use portfolio usage data of the customer to the extent necessary for the execution of the contractual relationship and for the use and accounting of Telemedia.
(2) Without the customer’s consent, the provider will not use the customer’s data for advertising, market or opinion research purposes.
(1) For agreements between provider and customer, the law of the Federal Republic of Germany shall apply under exclusion of the UN Convention on Contracts for the International Sale of Goods.
(2) Provided that the customer is a merchant, a legal entity under public law, or a special asset under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider’s head offices.
(3) The Agreement shall remain binding in its remaining parts even if individual provisions prove to be legally invalid. Statutory provisions, if available, shall replace the ineffective provisions. Insofar as this would constitute an unreasonable hardship to a party to the contract, however, the contract as a whole shall be deemed ineffective
Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr findest. Wir sind bereit, an einem außergerichtlichen Schlichtungsverfahren teilzunehmen.