1) Scope of application
1.1 These General Terms and Conditions (hereinafter "GTC") of Family Office Research (haftungsbeschränkt) (hereinafter "Seller"), apply to all deliveries and services that a consumer or entrepreneur (hereinafter "Customer") obtains from the Seller. They shall also apply to all future business relations, even if they are not expressly agreed again. The Customer acknowledges these terms and conditions by placing an order. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
Deviations from or additions to these terms and conditions must be made in writing. Verbal subsidiary agreements at the time of conclusion of the contract shall only be effective if they have been confirmed in writing by the Seller. This also applies to contract amendments after conclusion of the contract. The written form requirement shall also be deemed to have been complied with in electronic form.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur 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 his commercial or independent professional activity, as well as legal persons under public law or special funds under public law.
1.3 For the purposes of these GTC, digital content is all data that is not on a physical data carrier, is produced in digital form and is provided by the Seller under the granting of certain rights of use regulated in more detail in these GTC.
2) conclusion of contract
2.1 The product descriptions contained in the Seller's online store do not constitute binding offers on the part of the Seller, but serve for the submission of a binding offer by the Customer.
2.2 The Customer may submit the offer via the online order form integrated into the Seller's online store. In doing so, after placing the selected goods in the virtual shopping cart and going through the electronic ordering process, the customer submits a legally binding contractual offer with regard to the goods contained in the shopping cart by clicking the button that concludes the ordering process. Furthermore, the customer can also submit the offer to the seller by e-mail, telephone or mail.
2.3 The Seller may accept the Customer's offer within five working days,
If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for the acceptance of the offer begins on the day after the sending of the offer by the customer and ends with the expiry of the fifth day following the sending of the offer. If the Seller does not accept the Customer's offer within the aforementioned period, this shall be deemed to be a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
2.4 When submitting an offer via the Seller's online order form, the text of the contract shall be stored by the Seller and sent to the Customer in text form (e.g. e-mail, fax or letter) after the Customer has sent his order together with these General Terms and Conditions. In addition, the contract text is archived on the website of the seller.
2.5 Before placing the order via the Seller's online order form, the Customer may recognize possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. The customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.6 The German language is available for the conclusion of the contract.
2.7 Order processing and contacting usually take place via e-mail and automated order processing. The customer must ensure that the e-mail address provided by him for order processing is correct, so that 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 the seller or by third parties commissioned by the seller to process the order can be delivered.
3) right of withdrawl
3.1 If the customer is a consumer, he has the right to revoke the contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which the customer or a third party named by the customer, who is not the carrier, has or has taken possession of the last goods.
In order to exercise the right of withdrawal, the Client must inform the Seller (Family Office Research UG, Bundesallee 190, 10717 Berlin, Tel.: +49 152 2269 6701, e-mail address: firstname.lastname@example.org) by means of a clear declaration (e.g. a letter sent by post or by e-mail) of his decision to withdraw from the contract. The customer can use the following form https://www.e-recht24.de/images/checklisten/Muster-Widerrufsformular_Kanzlei_Siebert.pdf for this purpose, but this is not mandatory.
To comply with the withdrawal period, it is sufficient that the customer sends the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawl:
If the Customer has revoked the contract, the Seller shall repay to the Customer all payments received from the Customer, including delivery costs (with the exception of additional costs resulting from the fact that the Customer has chosen a type of delivery other than the most favorable standard delivery offered by the Seller), without undue delay and no later than within fourteen days from the day on which the notification of the Customer's revocation of this contract was received by the Seller. For this repayment, the Seller shall use the same means of payment that the Customer used for the original transaction, unless expressly agreed otherwise with the Customer; in no case shall the Customer be charged any fees due to this repayment. The seller may refuse repayment until he has received the goods back or until the customer has provided proof that he has returned the goods, whichever is the earlier.
The customer shall return the goods to the seller or hand them over to a shipping service provider without undue delay and in any case no later than within fourteen days from the day on which the customer notifies the seller of the revocation of the contract. The deadline is met if the customer sends the goods before the expiry of the period of fourteen days.
The customer shall only be liable for any loss in value of the goods if this loss in value is due to handling by the customer that is not necessary for testing the quality, characteristics and functioning of the goods.
3.2 Customers who are entrepreneurs shall not have a corresponding right of withdrawal. The seller does not grant such a right.
4) prices and terms of payment
4.1 Unless otherwise stated in the Seller's product description, the prices quoted are net prices, to which statutory value added tax is added. Currently 19%. Any additional delivery and shipping costs will be specified separately in the respective product description or negotiated.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, for which the seller is not responsible and which are to be borne by the customer. These include, for example, costs for the transfer of money by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the transfer of funds if the delivery is not made to a country outside the European Union, but the customer makes the payment from a country outside the European Union.
4.3 The payment option(s) will be communicated to the Customer in the Seller's online store.
4.4 If prepayment by bank transfer has been agreed, payment shall be due immediately after conclusion of the contract, unless the parties have agreed on a later due date.
5) delivery and shipping conditions
5.1 The delivery of goods shall be made by shipping to the delivery address specified by the customer, unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing shall be decisive.
5.2 If the transport company returns the shipped goods to the seller because delivery to the customer was not possible, the customer shall bear the costs for the unsuccessful shipment. This does not apply if the customer is not responsible for the circumstance that led to the impossibility of delivery or if the customer was temporarily prevented from accepting the offered service, unless the seller had given the customer reasonable advance notice of the service. Furthermore, this does not apply with regard to the costs for the shipment if the customer effectively exercises his right of withdrawal. For the return costs, if the customer effectively exercises the right of withdrawal, the provision made in this regard in the seller's cancellation policy shall apply.
5.3 Digital content shall generally be provided to the customer in electronic form as follows:
The electronic form of delivery represents the standard, the sending of the data shall only take place upon individual agreement.
6) granting of rights of use for digital contents
6.1 Unless otherwise expressly agreed in writing, if the services provided by the Seller to the Customer are protected by law, in particular by copyright, all rights of use, processing and exploitation shall in principle lie with the Seller.
6.2 Unless otherwise stated in the description in the Seller's online store, the Seller grants the Customer a simple, non-exclusive right of use, unlimited in time and place, to use the Services for private and business purposes. In general, the purchase of a product licenses its use by an end user. The right of use is limited to the use of the services by the customer personally or by persons within the customer's company. A transfer of the services to third parties or the creation of copies for third parties outside the scope of these GTC is not permitted, unless otherwise agreed.
6.3 The granting of rights shall only become effective when the Customer has paid the contractually owed remuneration in full. The Seller may provisionally permit the use of the contractual content even before this point in time. Such provisional permission shall not constitute a transfer of rights.
6.4 The Seller expressly reserves the right to take legal action against infringements and violations of rights and to assert claims for damages.
If the Customer uses the services provided to it without authorization, in particular in deviation from the contractually agreed purpose of use, scope of use and/or after expiry of the contractually agreed period of use, the Customer undertakes to pay a reasonable license fee for this use and, in addition, to pay a reasonable contractual penalty to be determined by the Seller, the amount of which shall be subject to judicial review in the event of a dispute, and all expenses required due to the unauthorized use. In addition, the customer shall indemnify the seller internally against all claims for compensation by third parties and the expenses required in this connection, insofar as third parties assert claims against the seller in this respect.
7) reservation of proprietary rights
If the seller makes advance payment and the buyer has not yet paid the full purchase price, the seller retains ownership of the delivered goods until the purchase price owed has been paid in full. A deferral of claims without express written consent is already objected to now. Non-immediate reaction does not imply approval of deferrals.
8) liability for defects (warranty)
8.1 If the performance is defective, the provisions of the statutory liability for defects shall apply.
8.2 The Customer is requested to complain about delivered goods with obvious transport damage to the deliverer and to inform the Seller thereof. If the customer does not comply with this, this shall have no effect on his statutory or contractual claims for defects.
9) applicable law
9.1 The law of the Federal Republic of Germany shall apply to all legal relationships between the parties to the exclusion of the laws on the international purchase of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
9.2 Furthermore, this choice of law with regard to the statutory right of withdrawal shall not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
10) place of jurisdiction
The place of jurisdiction for disputes with customers who are entrepreneurs, legal entities under public law or special funds under public law is the registered office of the provider, in this case Berlin.
11) alternative dispute resolution
11.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
11.2 The Seller is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
Bitte kontaktieren Sie unsere zuständige Expertin bei Rückfragen
Please contact our responsible expert if you have any queries:
Dora Saccone, M.A.
Family Office Research UG (haftungsbeschränkt), Bundesallee 190, 10717 Berlin, Germany