Terms of Service - The Clarity Project®

General terms and conditions with Customer Information

Table of contents

scope of application
conclusion of contract
right of revocation
prices and terms of payment
delivery and shipping conditions
granting of rights of use for digital contents
retention of title
liability for defects (warranty)
applicable law
alternative dispute resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Lothar Koch(hereinafter referred to as “Seller”), shall apply to all contracts for the delivery of goods concluded by aconsumer or entrepreneur (hereinafter “Customer”) with the Seller with respect to the goodsthe goods presented by the seller in his online store. Herewiththe inclusion of the customer’s own conditions, unless otherwise agreed.otherwise agreed.1.2 For contracts for the delivery of physical data carriers, which serve exclusively as adigital content, these GTC shall apply accordingly, unless otherwise agreed upon.something to the contrary is regulated. For the purposes of these GTC, digital content shall be data that isand provided in digital form.1.3 These GTC shall apply mutatis mutandis to contracts for the provision of digital content.apply mutatis mutandis to contracts for the provision of digital content, unless otherwise agreed. Digital content in thethese GTC shall be data that is created and provided in digital form.1.4 For the purposes of these GTC, a consumer is any natural person who enters into a legal transactiontransaction for purposes that are predominantly neither commercial nor self-employed.independent professional activity.1.5 An entrepreneur within the meaning of these GTC is a natural person or legal entity ora partnership with legal capacity who, when concluding a legal transaction, is acting inexercise of their commercial or independent professional activity.

2) Conclusion of contract

2.1 The product descriptions contained in the online store of the seller do not constitutebinding offers on the part of the seller, but serve for the submission of a bindinga binding offer by the customer.

2.2 The customer can submit the offer via the online order form integrated in the seller’s online store.online order form integrated in the online shop of the seller. In doing so, the customer, after he has placed the selectedthe selected goods into the virtual shopping cart and has gone through the electronicthe electronic ordering process, by clicking the button that concludes the ordering process.legally binding contract offer in relation to the goods contained in the shopping cart.goods contained in the shopping cart. Furthermore, the customer can also make the offer by telephone, e-mail, mail or online contact form.or by using the online contact form.

2.3 The Seller may accept the Customer’s offer within five days,- by sending the customer a written order confirmation or an order confirmation in text formconfirmation of the order in text form (fax or e-mail), whereby the receipt of the confirmation of thethe receipt of the order confirmation by the customer shall be decisive, or- by delivering the ordered goods to the customer, in which case the receipt of the goods by the customer is decisive, orreceipt of the goods by the customer is decisive, or- by requesting payment from the customer after the customer has placed the order.

If more than one of the aforementioned alternatives exists, the contract shall be deemed to betime at which one of the aforementioned alternatives occurs first. The periodacceptance of the offer begins on the day after the sending of the offer by thethe offer by the customer and ends with the expiry of the fifth day following theday following the sending of the offer. If the seller does not accept the offer of the customer withinthe aforementioned period, this shall be deemed to be a rejection of the offer, with the consequence that thethe customer is no longer bound by his declaration of intent.

2.4 If the customer selects a payment method offered by PayPal, the payment ispayment processing via the payment service provider PayPal (Europe) S.à r.l. et Cie,S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), under thevalidity of the PayPal terms and conditions of use, which can be viewed athttps://www.paypal.com/de/webapps/mpp/ua/useragreement-full or – if the customercustomer does not have a PayPal account – under the terms and conditions for paymentswithout a PayPal account, available athttps://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the customer pays by means ofa payment method offered by PayPal that can be selected in the online ordering process,the seller declares the acceptance of the offer of the customer at the time thethe moment the customer clicks the button that concludes the ordering process.

2.5 When submitting an offer via the online order form of the seller, thethe text of the contract is stored by the seller after the conclusion of the contract and the customercustomer in text form (e.g. e-mail, fax or letter) after the order has been sent.transmitted. A further accessibility of the contract text by the customer is not permitted.the seller does not take place. If the customer has set up a user account in theuser account in the online store of the seller before sending his order, the order data will bearchived on the website of the seller and can be accessed by the customer via hispassword-protected user account by providing the appropriate login data.free of charge.

2.6 Prior to the binding submission of the order via the online order form of thepossible input errors by carefully reading the information displayed on the screen.information displayed on the screen. An effective technical meansfor better recognition of input errors can be the magnification function of the browser.browser, with the help of which the display on the screen is enlarged. Hiscustomer can correct his or her entries during the electronic ordering process using thethe usual keyboard and mouse functions until he clicks the button that concludes the order process.button that concludes the order process.

2.7 For the conclusion of the contract, the German and English languages are available.available.

2.8 The order processing and contacting usually take place via e-mail andautomated order processing. The customer must ensure that the e-mail addressorder processing is correct, so that the e-mails sent by the seller are sent to this address.e-mails sent by the seller can be received at this address.In particular, when using SPAM filters, the customer must ensure that all e-mails sent by thee-mails sent by the Seller or third parties commissioned by the Seller to process thecan be delivered.

3) Right of withdrawal

3.1 Consumers are generally entitled to a right of revocation.

3.2 More detailed information on the right of withdrawal can be found in the seller’s withdrawal policy.of the seller.

4) Prices and terms of payment

4.1 Unless otherwise stated in the Seller’s product description, the prices quoted are those of the Seller’s products,the prices stated are total prices which include the statutory value added tax.VAT included. Any additional delivery and shipping costs will be indicated in theshipping costs will be indicated separately in the respective product description.

4.2 In the case of deliveries to countries outside the European Union, further costs may be incurred in individual cases which thecosts which the seller is not responsible for and which are to be borne by the customer.to be borne by the customer. These include, for example, costs for the transfer of funds bycredit institutions (e.g. transfer fees, exchange rate fees) orimport duties or taxes (e.g. customs duties). Such costs may also be incurred in relation tocosts may be incurred in relation to the transfer of funds even if the delivery is not made to a country outside theEuropean Union, but the customer makes the payment from a country outside the European Union.from a country outside the European Union.

4.3 The payment option(s) will be communicated to the Customer in the online store of theSeller’s online shop.

4.4 If payment in advance by bank transfer has been agreed, payment shall be due immediately after theimmediately after conclusion of the contract, unless the parties have agreed on a later due date.agreed.

4.5 If the payment method “SOFORT” is selected, the payment will be processed via thepayment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter referred to as “SOFORT”).”SOFORT”). In order to be able to pay the invoice amount via “SOFORT”, thecustomer must have an online banking account that has been activated for participation in “SOFORT”, mustlegitimize himself accordingly during the payment process and submit theconfirm the payment instruction to “SOFORT”. The payment transaction isexecuted by “SOFORT” immediately afterwards and the customer’s bank account isdebited. More detailed information on the payment method “SOFORT” can be obtained by the customer on the Internet atat https://www.klarna.com/sofort/.

4.6 If the payment method “purchase on account” is chosen, the purchase price is due after the goods have beengoods have been delivered and invoiced. In this case the purchase price is due within7 (seven) days from receipt of the invoice without deduction, unless otherwise agreed.agreed otherwise. The seller reserves the right to offer the payment method purchase on accountonly up to a certain order volume and to offer this method of payment if thepayment method if the order volume exceeds the specified volume. In this case, thethe seller in his payment information in the online store to a correspondingcorresponding payment restriction in his payment information in the online shop.

4.7 If the payment method credit card via Stripe is selected, the invoice amount is due immediately uponimmediately upon conclusion of the contract. The payment is processed via thepayment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, GrandCanal Dock, Dublin, Ireland (hereinafter: “Stripe”). Stripe reserves the right to carry out acredit check and to reject this payment method in case of a negative credit check.reject.

5) Delivery and shipping terms

5.1 If the Seller offers to ship the goods, the delivery shall be made within thethe delivery area specified by the Seller to the delivery address specified by thedelivery address, unless otherwise agreed. In the processing of the transactionthe delivery address specified in the Seller’s order processing shall be decisive.

5.2 If the delivery of the goods fails for reasons for which the customer is responsible,the customer shall bear the reasonable costs incurred by the seller as a result. ThisThis does not apply with regard to the costs of the Hinsendung, if the customerright of revocation effectively. For the return costs applies in the case of effective exercise of theright of revocation by the customer, the provision made in this regard in the seller’sin the Seller’s cancellation policy.

5.3 If the Customer is acting as an entrepreneur, the risk of accidental loss andof the accidental deterioration of the goods sold shall pass to the customer as soon as thethe seller has delivered the goods to the forwarding agent, the carrier or any other person or institutionperson or institution designated to carry out the shipment. If the customer acts asconsumer, the risk of accidental loss and accidental deterioration of the solddeterioration of the goods sold shall not pass until the goods have been handed over to thecustomer or a person authorized to receive the goods. Deviating from this, theaccidental loss and accidental deterioration of the goods sold, even in the case of consumersgoods shall pass to the customer as soon as the seller has handed over the goods to thethe goods to the forwarding agent, the carrier or any other person or institution designated to carry out theperson or institution designated to carry out the shipment, if the customer hascarrier or the person or institution otherwise designated to carry out the shipment and theperson or institution to carry out the shipment and the Seller has not previously named this person orperson or institution beforehand.

5.4 The Seller reserves the right to withdraw from the contract in the event of incorrect or improperproper self-delivery, the seller reserves the right to withdraw from the contract. This applies only in thecase that the Seller is not responsible for the non-delivery and that the Seller with due carewith due diligence, has concluded a specific hedging transaction with the supplier.supplier. The seller will make all reasonable efforts to procure the goods.procure the goods. In the event of the non-availability or only partial availability of thethe goods, the customer will be informed immediately and the consideration will berefunded.

5.5 Self-collection is not possible for logistical reasons.

6) Granting of rights of use for digital content

6.1 Unless otherwise stated in the DeepL description in the Seller’s online store, the Seller grants thethe Seller grants the Customer the non-exclusive, local and unlimited right to use thenon-exclusive right, unlimited in time and place, to use the content for privateexclusively for private purposes.

6.2 A transfer of the contents to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted.copies for third parties outside the scope of these GTC is not permitted unless the seller consents to thetransfer of the contractual license to the third party.

6.3 Insofar as the contract relates to the one-time provision of a digital contentcontent, the granting of rights shall only become effective when the customer has fully paid thehas paid the remuneration owed in full. The Seller may also grant a right to use thecontent covered by the contract even before this point in time.Such provisional permission shall not constitute a transfer of rights.

7) Retention of title

If the Seller makes advance performance, he shall retain title to the goods until full payment of thethe full payment of the purchase price owed.

8) Liability for defects (warranty)

8.1 Unless otherwise stipulated in the following provisions, the provisions of the statutorystatutory liability for defects shall apply. Notwithstanding the foregoing, the following shall apply to contracts for the delivery of goods:

8.2 If the customer acts as an entrepreneur,- the Seller shall have the choice of the type of subsequent performance;- In the case of new goods, the limitation period for defects shall be one year from delivery of the goods.goods;- in the case of used goods, the rights and claims due to defects shall be excluded; andexcluded;- the limitation period shall not begin again if a replacement delivery is made within the scope of thereplacement delivery is made within the scope of liability for defects.

8.3 The above-mentioned limitations of liability and shortening of time periods shall not apply tonot- to claims for damages and reimbursement of expenses of the customer,- in the event that the Seller has fraudulently concealed the defect,- for goods which have been used in accordance with their normal use for a building and whoseand have caused the defectiveness thereof,- for any existing obligation of the seller to provide updates for digital products, in the case ofupdates for digital products, in the case of contracts for the supply of goods with digitaldigital elements.

8.4 In addition, for entrepreneurs, the statutory limitation periods forany statutory right of recourse that may exist shall remain unaffected.

8.5 If the Customer acts as a merchant within the meaning of § 1 of the German Commercial Code (HGB), the Customer shall be subject to the commercialduty to inspect and give notice of defects pursuant to § 377 HGB. If the customer fails to comply with thethe goods shall be deemed to have been approved.

8.6 If the customer is acting as a consumer, he is requested to notify delivered goods withobvious transport damage to the deliverer and to inform the seller of this.and to inform the seller of this. If the customer does not comply with this, this has no effect on itseffects on his legal or contractual claims for defects.

9) Applicable Law

All legal relations between the parties shall be governed by the laws of the Federal Republic of Germany.Germany shall apply to the exclusion of the laws on the international purchase of movable goods.goods. In the case of consumers, this choice of law shall only apply to the extent that the grantedprotection granted is not withdrawn by mandatory provisions of the law of the state in which the consumerhas his habitual residence, is withdrawn.

10) Alternative Dispute Resolution

10.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following linkonline dispute resolution: https://ec.europa.eu/consumers/odrThis platform serves as a contact point for the out-of-court settlement of disputesfrom online purchase or service contracts involving a consumer.

10.2 The Seller is neither obligated nor obliged to participate in a dispute resolution procedure before aconsumer arbitration board neither obliged nor willing.