Terms & Conditions (AGB)

This is an unofficial English translation provided for convenience. The German version of these Terms & Conditions is the authoritative and legally binding text. An official English version is being finalised.

General Terms and Conditions with Customer Information

Table of contents

1. Scope of application
2. Conclusion of the contract
3. Right of withdrawal
4. Prices and payment terms
5. Liability
6. Applicable law
7. Alternative dispute resolution

1) Scope of application

1.1 These General Terms and Conditions (hereinafter "GTC") of Jan Volke, trading as "Tapwell" (hereinafter "Provider"), apply to all contracts for the provision of services that a consumer or trader (hereinafter "Customer") concludes with the Provider in respect of the services presented by the Provider on its website. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business or profession. A trader (Unternehmer) within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.

2) Conclusion of the contract

The presentation of services on the Provider's website does not constitute a binding offer, but an invitation to the Customer to submit an enquiry. The Customer may contact the Provider by telephone, email, letter or via the online contact form on the Provider's website. The Provider may then send the Customer a proposal for the provision of the selected services. A binding contract is concluded only once the Customer and the Provider have signed a written service agreement. Neither the Customer's acceptance of a proposal nor any payment shall, on its own, conclude a contract; no contractual relationship arises until the service agreement has been signed by both parties.

3) Right of withdrawal

Consumers are generally entitled to a right of withdrawal. Further information on the right of withdrawal can be found in the Provider's withdrawal instructions (Widerrufsbelehrung).

4) Prices and payment terms

Unless otherwise stated in the Provider's service description, the prices quoted are net prices, plus statutory value added tax (VAT).

5) Liability

The Provider shall be liable to the Customer for all contractual, quasi-contractual and statutory claims, including claims in tort, for damages and reimbursement of expenses as follows:

5.1 The Provider shall be liable without limitation on any legal grounds

• in the event of intent or gross negligence,
• in the event of intentional or negligent injury to life, body or health,
• on the basis of a guarantee promise, unless otherwise provided in this respect,
• on the basis of mandatory liability, such as under the German Product Liability Act (Produkthaftungsgesetz).

5.2 If the Customer acts as a consumer domiciled in Germany or as a trader, the following limitations of liability apply: If the Provider negligently breaches a material contractual obligation, its liability shall be limited to the foreseeable damage typical for this type of contract, unless it is liable without limitation pursuant to the preceding clause. Material contractual obligations are obligations which the contract imposes on the Provider according to its content in order to achieve the purpose of the contract, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the Customer regularly relies. In all other respects, the Provider's liability is excluded, unless it is liable without limitation pursuant to the preceding clause.

5.3 The above liability provisions also apply with regard to the Provider's liability for its vicarious agents and legal representatives.

6) Applicable law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties, excluding the laws on the international sale of movable goods (UN Convention on Contracts for the International Sale of Goods, CISG). For consumers, this choice of law applies only insofar as it does not deprive them of the protection afforded by mandatory provisions of the law of the state in which the consumer has their habitual residence.

7) Alternative dispute resolution

The Provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

Copyright notice: These Terms and Conditions were created by the lawyers of IT-Recht Kanzlei and are protected by copyright (www.it-recht-kanzlei.de).