Terms And Conditions (GTC)26. May 2020 2020-12-13 18:49
Terms And Conditions (GTC)
General Terms And Conditions (GTC)
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I General Terms and Conditions (GTC)
“Berlin Application” is an online service provider that creates applications based on customer information or revises and optimizes existing application documents and online profiles (Xing and LinkedIn). Furthermore, translations in German and English are offered.
§ 1 General:
(1)The General Terms and Conditions (GTC) shall apply to orders, offers, purchase orders and deliveries of “Berlin Application” – hereinafter referred to as service provider – in all business transactions as well as to the use of Internet content. The GTC shall automatically become an integral part of the contract and shall be acknowledged by the placing of an order or use. They shall apply for the duration of the business relationship. Deviating agreements must be made in writing.
(2) Consumer in the sense of the following regulations is every natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of a contract:
(1) The following regulations apply to the Internet site https://www.berlin-applictaion.de, https://www.berlin-applictaion.de, https://www.wohnungsbewerbung.org, https://www.berlin-writes.com
(2) In the event of the conclusion of the contract, the contract shall be deemed to have been concluded with
A legally binding contract between the parties to the contract is concluded when the customer places an order for the provision of services. An order can be placed in writing, by post, by e-mail, by telephone or by clicking on the “Accept offer” button in the offer sent. It is pointed out that the prepared application documents are produced individually according to customer specifications and are tailored to personal needs. Therefore, according to §312g Abs. 2 S. 1 BGB there is no 14-day right of withdrawal.
(3) The presentation of the products on the service provider’s website does not represent a legally binding contractual offer on our part, but is only a non-binding invitation to the consumer to order services.
(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have deposited with us is correct, that the receipt of e-mails is technically ensured and in particular that it is not prevented by SPAM filters.
§ 3 Retention of Ownership
(1)The delivered goods remain our property until full payment of all claims.
(2) The consumer has the possibility to pay by bank transfer (advance payment or invoice), PayPal or credit card. If payment by PayPal or credit card is desired, he/she can inform the service provider informally.
(3) For customers with a billing address outside Germany, the Service Provider only accepts payment in advance.
(4) The invoice amount is due within 5 days.
(5) Requests for changes in content must be reported within 2 days and must be specified with the exact passages. Then you have the possibility to demand rectification of the defect with an appropriate deadline.
§ 4 Terms of delivery
The electronic delivery by e-mail is carried out within 5 days (Monday – Sunday), in case of express service within 24 hours from the receipt of all necessary documents from the customer. The 5 days are a guideline. Only express orders can guarantee timely delivery. The documents are sent to the customer in the following formats:
Microsoft Word format
Adobe PDF format
The documents are compatible with Word version 2007 and later, and compatibility with other versions cannot be guaranteed.
§ 5 Rights of Usage
(1) The offered download products are protected by copyright. You will receive a simple user license for each download product purchased from us, unless otherwise stated in the respective offer.
(2) The simple user license includes the permission to save and/or print a copy of the download product for your personal use on your computer or other electronic device.
Any further copy is prohibited. You are expressly prohibited from modifying or editing a file or any part of it in order to make it available to third parties in any way, either privately or commercially.
(3) Any additional work that goes beyond the agreed extent will be charged with additional expenses. The costs will be discussed with the customer in advance.
§ 6 Liablity
The customer is responsible for keeping all deadlines in connection with his or her application. The provider cannot be held responsible for any damage caused by the customer’s failure to do so. The customer is responsible for all content data and its correctness. The provider cannot be held liable for these errors. The provider cannot guarantee the success of a career search. In conclusion, the provider assumes no liability for unsuccessful applications.
§ 7 Data protection
All personal data will be treated confidentially and in compliance with all data protection principles and not passed on to third parties. All data is stored in encrypted form. The customer can demand the deletion of his data at any time after the fulfilment of his order.
§ 8 Applicable law
(1)German law applies exclusively. In relation to a consumer, this choice of law shall only apply insofar as it does not restrict any mandatory legal provisions of the state in which the consumer has his residence or habitual abode.
(2) The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly not applicable.
§ 9 Contract language
The contract language is exclusively English.
§ 10 Severability clause:
Should one or more provisions of these GTC be or become legally ineffective, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced as soon as possible by another provision which most closely corresponds to the economic content of the legally invalid provision. Otherwise, the legal regulations shall apply.
II. Customer Information
1. identity of the seller
The european commission provides a platform for online dispute resolution (OS) which is accessible at https://ec.europa.eu/consumers/odr. We are not obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.
2. information on the conclusion of the contract
The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction possibilities are carried out in accordance with the regulations “Conclusion of the contract” of our General Terms and Conditions (Part I.).
3. contract language, contract text storage
(1) The language of the contract shall be English .
(2) The complete text of the contract is not stored by us. Before sending the order, the contract data can be printed or electronically saved using the print function of the browser. After receipt of the order by us, the order data, the information required by law for distance selling contracts and the General Terms and Conditions of Business will be sent to you again by e-mail.
4. essential characteristics of the product or service
The essential characteristics of the product and/or service can be found in the respective offer.
5. prices and terms of payment
(1) The prices quoted in the respective offers as well as the shipping costs represent total prices. They include all price components including all applicable taxes.
(2) As the goods are delivered by download or by email attachment, there are no shipping costs.
(3) If the delivery is made to countries outside the European Union, further costs may be incurred for which we are not responsible, such as customs duties, taxes or money transfer fees (bank transfer or exchange rate fees of credit institutions), which are to be borne by you.
(4) Any costs arising from the transfer of money (transfer or exchange rate fees of the credit institutions) are to be borne by you in cases in which the delivery is made to an EU member state, but the payment was arranged outside the European Union.
(5) The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.
(6) Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. terms of delivery
The terms of delivery, the delivery date as well as any existing delivery restrictions can be found under an appropriately designated button on our website or in the respective offer.
7. legal liability for faulty deliveries and services
The statutory rights of liability for defects exist.