General Terms for Customer
- Scope of this General Terms
- Germany Simplified (the “Platform”) is an online platform for (prospective and/or already living expats or immigrants) immigrants to Germany on the one side and providers of various services on the other side. The purpose is to connect such (prospective) immigrants and service providers (the “Providers” or individually “the Provider”) in order for immigrants to find an easier way to start their lives in Germany.
- These General Terms for Consumers apply to the use of the Platform by consumers as (prospective) customers of the service providers. While the Platform is directed at (prospective) immigrants, these General Terms for Consumers apply to You if You use the platform as a consumer, regardless of whether You are a (prospective) immigrant or not. If You are a Provider, these general terms do not apply to You (but the General Terms for Service Providers apply).
- Any and all agreements made between You and the Platform and/or Providers on the platform are formed and governed by these General Terms for Consumers, any written order confirmation and any declaration of acceptance.
- To any particular agreement, the version of these General Terms and Conditions applies that is the current version at the time of the conclusion of such agreement.
- We do not accept deviating general terms or conditions provided by You. This also applies if we do not expressly object to any such terms or conditions.
- Description of services and conclusion of contract
- The Platform acts as an agent for You with regard to the services offered, unless expressly stated otherwise in the service description. Parties to the agreement for services to be provided by a Provider are solely You and the Provider, but not the Platform; the Platform is not liable for any performance or non-performance of services under any agreements concluded between You and any Providers on the Platform.
- Any presentation on the Platform is an invitation to You to make an offer to conclude an agreement with the Provider. By sending an order via the Platform by clicking the button “order now” You are placing a legally binding order.
- The Platform will immediately confirm receipt of Your order by e-mail. Such an e-mail does not constitute a binding acceptance of the order, unless the e-mail message expressly declares acceptance.
- A binding mutual agreement is only concluded when the Provider accepts Your order by a declaration of acceptance or by starting to deliver the ordered services. Any acceptance will be declared without undue delay.
- If the provision of the services ordered by You is impossible, the Platform and the Provider will refrain from a declaration of acceptance. In this case, no mutual binding agreement is concluded. We will, without undue delay, inform You of this and refund any considerations already received.
- The use of real names is mandatory, as is the provision of a valid telephone number and email address. This data is to be updated as soon as it has changed.
- Right of withdrawal
You have the right to withdraw from any agreement concluded on the Platform within fourteen days without giving reasons.
The withdrawal period is fourteen days from the date of conclusion of the contract.
In order to exercise Your right of withdrawal, You must inform us (Germany Simplified, Schlachthausstr. 21, 57072 Seigen, Germany and email: [email protected]) by means of a clear statement (e.g. a letter, fax or e-mail message) of Your decision to withdraw from an agreement. You may use the attached withdrawal form, but this is not mandatory.
In order to comply with the withdrawal period, it is sufficient to send the notification of the exercise of the right of withdrawal before the end of the revocation period.
Consequences of revocation
If You withdraw from an agreement, then we shall reimburse You for all payments we have received from You, including any delivery charges (except for additional charges resulting from Your choice of a non-standard delivery), immediately and no later than fourteen days from the date we receive notification of Your withdrawal. For this refund, we will use the same means of payment that You used for the original transaction, unless expressly agreed otherwise with You; in no case will You be charged for this refund. If You have requested that any Services should commence during the withdrawal period, You shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time You notify us of the exercise of the right of withdrawal compared to the total amount of Services provided under the agreement.
- Prices and shipping fees
- All prices quoted in our online shop are generally gross prices including the German statutory VAT and do not include any shipping costs. If You actively make an optional setting on the Platform confirming that You are a resident of a Non-EU country, prices can be displayed as net amounts without VAT; You may, however, be charged the VAT amount if it turns out that VAT applies to Your purchase.
- Any shipping fees are stated in the product descriptions on the Platform. Subsection 1 above applies accordingly in respect to VAT.
- The prices to be paid may eventually depend on different options or other components. The final price can therefore only be viewed on the product page after selecting all options and components or in the shopping cart. In case of doubt, only the price in the shopping cart is valid.
- Terms of payment, offsetting and right of retention
- The price and any shipping fees are due with the order.
- The Platform assumes responsibility for the collection, booking and forwarding of payments to the Providers on Your behalf. You will receive an invoice from the Provider. The Platform will forward your payment to the Providers 14 days after invoicing by the Provider.
- You are not entitled to offset against the Platform’s or Provider’s claims, unless Your counterclaim is legally binding or undisputed. You are also entitled to offset against claims if You make counterclaims from the very same service agreement.
- Subsection 3 above applies accordingly to any right of retention.
- Unless otherwise expressly stated, You shall make effective payments exclusively to the Platform.
- Limitation of Liability
- The Platform’s liability for damages resulting from injury to life, body or health as well as for damages resulting from an intentional or grossly negligent act remains unaffected. The statutory provisions shall apply in this respect.
- In other cases, the Platform is only liable in the event of a breach of an essential contractual obligation, the observance of which You could have relied on (so-called cardinal obligation). In this case – and if such breach does not fall under subsection 1 above – the liability is limited to the amount of the typical and foreseeable damage.
- Any further liability than described in subsections 1 and 2 above is excluded.
- Unless expressly stated otherwise, the provisions of subsections 1 through 3 apply accordingly to the liability of the respective Provider under any agreement concluded through the Platform.
- Final Provisions
- Any legal invalidity of a provision shall not affect the legal validity of the remaining provisions.
- Amendments and supplements to this General Terms of Engagement must be in text form in order to be effective. This shall also apply to any amendment or waiver of this clause.
- The legal agreement between You and the Platform is governed by German law (excluding any conflict-of-laws provisions, and also excluding the United Nations Convention on Contracts for the International Sale of Goods). Unless expressly stated otherwise, the same applies to any agreement between You and a Provider concluded through the Platform.