General terms and conditions for the creation of an online shop
Validity, Amendment of these General Terms and Conditions of Business
1.1 All services provided by branchbob GmbH in connection with the establishment and use of an online shop by a retailer are based exclusively on these General Terms and Conditions. These are an integral part of all contracts that branchbob GmbH concludes with the retailer for services offered by it. They shall also apply to all future services or offers to the merchant, even if they are not separately agreed again.
1.2 The dealer's terms and conditions shall not apply, even if branchbob GmbH does not separately object to their validity in individual cases.
1.3 branchbob GmbH may amend these General Terms and Conditions with a notice period of 6 weeks. The dealer agrees to be informed of any changes to these General Terms and Conditions by e-mail to the last e-mail address provided to branchbob GmbH by the dealer. If the dealer does not object to the announced change in writing or by e-mail within one month of receipt, the changed General Terms and Conditions shall be deemed to have been approved by the dealer. branchbob GmbH shall inform the dealer in the announcement of the change that the change will become effective if he does not object within 4 weeks of receipt.
The contract is concluded between branchbob GmbH and the dealer.
Subject matter of the contract
3.1 branchbob GmbH operates an online shop platform on the basis of the "branchbob" software solution developed by it. This enables the merchant to create his own online shop using this online shop platform, whereby the merchant can host all data of the items he sells in the online shop with a description. branchbob GmbH also cooperates with external partners who are connected via interfaces.
Dealer's offer and conclusion of contract
The registration form completed by the dealer represents the application to conclude a contract with branchbob GmbH. branchbob GmbH can accept or reject this application within a period of 2 weeks after receipt of this application from the dealer. If branchbob GmbH does not respond within this 2-week period, the application shall be deemed accepted.
Duties of the dealer
5.1 The merchant is obliged to provide branchbob GmbH with truthful information, in particular to answer questions regarding his data truthfully and to notify branchbob GmbH immediately of any changes to his data, in particular changes to his e-mail address. As long as the dealer does not provide branchbob GmbH with any new data, in particular a new e-mail address, branchbob GmbH shall be entitled to send notifications and declarations of intent to the last notified address and last notified e-mail address.
5.2 The merchant is solely liable for the content he has posted in the online shop, in particular product descriptions, pictures, etc. In particular, he shall be liable for ensuring that the contents of his online shop do not violate the rights of third parties and, in particular, may not offer domains or contents with extremist, racist or pornographic content or content that violates the law for the protection of minors. This shall also apply if such content is made accessible through hyperlinks or other connections which the merchant places on the pages of third parties. Upon first request, the merchant shall indemnify branchbob GmbH against all claims by third parties (including, but not limited to, public authorities) against branchbob GmbH arising from the content of the online shop created and operated by the merchant, in particular with regard to claims for copyright infringement, trademark infringement, infringement of the law against unfair competition. This obligation to indemnify also includes attorneys' fees, court costs, witness fees and expert fees incurred by branchbob GmbH. branchbob GmbH is not obliged to have legal action initiated against itself by the aforementioned third parties or to initiate legal action itself against the aforementioned third parties or to file legal remedies or legal remedies.
5.3 The dealer is liable to branchbob GmbH for any misuse of his user ID and access data. The merchant is prohibited from passing on his user ID and access data to third parties. The merchant is also prohibited from having his online shop operated by third parties.
Requirements for the data protection declaration of the merchant in his own online shop
Granting of rights by the retailer to branchbob GmbH for the contents posted by him in the online shop
By entering content into the online shops created by branchbob GmbH using the online platform of branchbob GmbH, the dealer grants branchbob GmbH a free, non-exclusive, revocable, unlimited, sub-licensable worldwide right of use to all such content. The aforementioned right of use includes, but is not limited to, use on the Internet, in telemedia, in the press, on television and radio.
Term of contract
8.1 The contract is concluded for an indefinite period of time.
8.2 The contract can be terminated by branchbob GmbH and the dealer in writing at any time with a notice period of 8 weeks by letter.
8.3 The right to termination without notice for good cause shall remain unaffected.
8.4 The merchant's access to the branchbob GmbH online shop platform shall be terminated on the date of termination of the contract. All rights of use granted to the merchant by branchbob GmbH shall also expire at this time. The merchant may no longer use the online shop created and operated by him using the online shop platform of branchbob GmbH from the date of termination of the contract. The merchant has the possibility to export and retrieve the data entered by him in the aforementioned online shop within 15 days after termination of this agreement. As of the 15th day after termination of the contract, branchbob GmbH is no longer obligated to maintain or provide data of the merchant. branchbob GmbH assumes the permanent and irrevocable deletion of the data remaining on the servers of branchbob GmbH as of the 60th day after termination of this agreement, unless and to the extent that applicable laws and regulations prescribe mandatory further storage of this data or the data is necessary for the execution of the contract with the merchant.
Remuneration, invoicing and terms of payment
9.1 For the use of the branchbob GmbH online shop platform, the merchant must pay the fees stated in the current price list, unless a fee has been agreed with the merchant in a separate agreement.
9.2 The fee specified in 9.1 shall be invoiced once a month in PDF format and sent automatically by e-mail to the e-mail address specified by the Merchant. The invoice shall only be sent by post upon the express written request of the merchant. The merchant shall pay a separate processing fee for sending the invoice by post. The fee is due for payment one week after the invoice has been sent by branchbob GmbH.
9.3 Payment of the fee shall be made by collection via the merchant's credit card or by direct debit from the merchant's account in the SEPA Direct Debit Scheme. The merchant is obliged to grant and maintain an authorization for direct debit (by SEPA Direct Debit or credit card) to branchbob GmbH during the entire term of the contract. The period for the preliminary information in the SEPA Direct Debit procedure is 3 days. In the event of an unsuccessful debit or chargeback, branchbob GmbH is entitled to charge a processing fee for each unsuccessful debit or chargeback.
Blocking of the online shop of the retailer by branchbob GmbH
10.1 branchbob GmbH is entitled to block the online shop of the merchant if the merchant is in arrears with the payment of the fee or a not inconsiderable part of the fee for two consecutive dates or is in arrears with the payment of the fee in an amount equal to the average fee for one month in a period extending over more than two dates. This average charge for one month is calculated by adding the charge of the last 4 bills and dividing it by 2.
10.2 branchbob GmbH is entitled to block the online shop of the merchant in case of violation of one of the obligations specified in clauses 5 and 6 of these General Terms and Conditions. The online shop may also be blocked if the merchant provides false personal data, company data, bank details or credit card information.
10.3 If the online shop is blocked by branchbob GmbH, it is no longer possible for the merchant to use the shops. At this point, all rights of use granted by branchbob GmbH to the merchant expire. The provisions in Section 8.4 regarding the export and deletion of data shall apply in the event of blocking from the date of blocking.
branchbob GmbH endeavours to carry out the necessary maintenance work as far as possible at times when the operation of the dealer's shop system is impaired as little as possible. branchbob GmbH also endeavours to ensure the greatest possible availability of the servers. branchbob GmbH is entitled, if necessary, to restrict the dealer's access to the services of branchbob GmbH in order to maintain network integrity or the security of the operation or to avoid serious disruptions.
Liability of branchbob GmbH
12.1 branchbob GmbH is not liable for the contents of the merchant's shop, in particular not for possible violations of existing legal provisions by the merchant's online shop.
12.2 Unless otherwise stated in these General Terms and Conditions including the following provisions, branchbob GmbH shall be liable for any infringement of rights by branchbob GmbH in accordance with the relevant statutory provisions.
12.3 Any liability of branchbob GmbH for business interruption, loss of production, loss of information and data and loss of profit shall be excluded. branchbob GmbH shall pay damages in the event of intent and gross negligence; in the event of simple negligence, branchbob GmbH shall only pay damages in the event of loss of life, physical injury or damage to health as well as for damages arising from the breach of a material contractual obligation, whereby in this case liability shall be limited to compensation for the foreseeable, typically incurred damage. The aforementioned limitations of liability shall not apply in the event of fraudulent concealment of a defect by branchbob GmbH or if branchbob GmbH has assumed a guarantee for the respective service or the design of the respective service.
Right of revocation
You have the right to revoke this contract within 14 days without giving reasons. The revocation period is 14 days from the date of conclusion of the contract.
In order to exercise your right of withdrawal, you must inform us, branchbob GmbH, Böckstraße 21, D-68159 Mannheim, Germany, info(at)branchbob.com, of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You can use the attached sample revocation form, which is not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this Agreement, we shall refund to you all payments received from you including delivery charges (other than the additional charges arising from your choosing a method of delivery other than the low-cost standard delivery offered by us) immediately and no later than 14 days from the date on which notice of your revocation of this Agreement is given.
For this refund we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise with you. Under no circumstances will you be charged for this refund.
If you have requested that the service be commenced during the withdrawal period, you shall pay us a reasonable amount equal to the proportion of the service already provided by the time you notify us of the exercise of the right of withdrawal in respect of this Agreement in relation to the total scope of the service provided in the Agreement.
Sample Withdrawal Form
(If you want to cancel the contract, please fill out this form and send it back.)
To: branchbob GmbH, Böckstraße 21, D-68159 Mannheim, Germany
I/we () hereby revoke the contract concluded by me/us () for the purchase of the following goods ()/the provision of the following services (): .
Ordered on ()/received on (): .
Name(s) of consumer(s): .
Address of the consumer(s): .
Signature(s) of consumer(s) (only for paper notifications) _
(*)Delete as applicable
The above right of withdrawal applies only to consumers, i.e. it applies only to natural persons who conclude a legal transaction for purposes which can predominantly be attributed neither to their commercial nor their independent professional activity.
Place of jurisdiction and applicable law
14.1 The court responsible for the registered office of branchbob GmbH is - as far as legally permissible - the international and local court exclusively responsible for disputes arising from and in connection with the contract concluded between the dealer and branchbob GmbH.
14.2 The application of German substantive law and German civil procedural law shall be agreed between the dealer and branchbob GmbH. The United Nations Convention on Contracts for the International Sale of Goods dated 11.04.1980 shall not apply.
If any provision of these General Terms and Conditions should be or become invalid, the validity of the remaining provisions shall remain unaffected.