info@wp-immomakler.de
+49 451 – 30 50 36 28

General Terms and Conditions

§ 1 General, scope of application

(1) These General Terms and Conditions apply to all services provided via the platform https://www.wp-immomakler.de between our users (hereinafter: "customer/customers"), insofar as they are entrepreneurs (§ 14 BGB), legal entities under public law or special funds under public law, as buyers and

49heroes GmbH & Co. KG
To the harbor square 1
23570 Lübeck
Germany

Phone: +49 451 30 50 36 28
E-Mail: info@49heroes.com
Web: https://49heroes.com

Commercial register: HRA 10728 HL
Register court: Local court Lübeck

Represented by the personally liable partner:
49heroes Verwaltungs GmbH
Zum Hafenplatz 1
23570 Lübeck
Germany

Represented by:
Dorith Altenburg
Hinnerk Altenburg

Commercial register: HRB 23426 HL
Register court: Local court Lübeck

Value added tax identification number according to §27a of the Value Added Tax Act (VAT ID): DE312010056

as the seller (hereinafter also referred to as the "Supplier").

(2) Our offer is aimed exclusively at entrepreneurs, traders, freelancers and legal entities under private or public law or special funds under public law.

(3) An entrepreneur pursuant to Section 14 BGB is a natural or legal person or a partnership with legal capacity which, when entering into a legal transaction, acts in the exercise of its commercial or independent professional activity.

(4) The Terms and Conditions shall also apply in their respective version as a framework agreement for future contracts for the sale and delivery of software with the same buyer, without us having to refer to them again in each individual case.

(5) Our terms and conditions apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the Buyer shall only become part of the contract if and insofar as we have expressly agreed to their validity. This requirement of consent shall apply in any case, for example even if we carry out the delivery to the Buyer without reservation in the knowledge of the Buyer's General Terms and Conditions.

(6) Agreements made with the Buyer in individual cases (including collateral agreements, supplements and amendments) shall in any case take precedence over the Terms and Conditions. A written contract or our confirmation in text form shall be decisive for the content of such agreements. Legally relevant declarations and notifications to be made to us by the Buyer after conclusion of the contract (e.g. setting of deadlines, reminders, declaration of withdrawal) must be made in text form in order to be effective.

§ 2 Conclusion of contract

(1) The customer can select products from the provider's range and collect them in a so-called shopping cart using the "Add to cart" button. By clicking the "Buy now" button, the customer submits a binding request to purchase the goods in the shopping cart. Before submitting the order, the customer can change and view the data at any time.

(2) The provider then sends the customer an automatic confirmation of receipt with the subject "Confirmation of your order with WP-ImmoMakler® - Ihre Immobilien in WordPress" by e-mail, in which the customer's order is listed again and which the customer can print out using the "Print" function. The customer's order (1) represents the offer to conclude a contract with the respective content of the shopping cart. The confirmation of receipt (order confirmation) represents the acceptance of the offer by the provider. It summarizes the content of the order. In this e-mail or in a separate e-mail, but at the latest upon delivery of the goods, the text of the contract (consisting of the order, GTC and order confirmation) is sent to the customer by us on a permanent data carrier (e-mail or paper printout). The text of the contract is stored in compliance with data protection regulations.

(3) The contract shall be concluded in the following languages: German.

§ 3 Delivery, availability of goods, terms of payment

(1) Delivery times stated by us are calculated from the time of our order confirmation (§ 2 (2) of these GTC), subject to prior payment of the purchase price.

(2) If the product designated by the customer in the order is only temporarily unavailable, the supplier shall also inform the customer of this immediately. In the event of a delay in delivery of more than two weeks, the customer has the right to withdraw from the contract. In this case, the supplier is also entitled to withdraw from the contract. In this case, he shall immediately reimburse any payments already made by the customer.

(3) The customer can make the payment by bank transfer.

(4) Payment of the purchase price is due immediately upon conclusion of the contract. If the due date for payment is determined by the calendar, the customer is already in default by missing the deadline.

§ 4 Prices and shipping costs

All prices quoted on the provider's website include the applicable statutory value added tax. There are no shipping costs for our services or for purchases via download.

§ 5 Warranty for material defects

The supplier is liable for material defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB. The warranty period for entrepreneurs is 12 months.

§ 6 Liability

(1) Claims of the customer for damages are excluded. Excluded from this are claims for damages by the customer arising from injury to life, limb or health or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by the provider, its legal representatives or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.

(2) In the event of a breach of material contractual obligations, the Provider shall only be liable for the foreseeable damage typical of the contract if this was caused by simple negligence, unless the Customer's claims for damages are based on injury to life, limb or health.

(3) The restrictions of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

(4) The provisions of the Product Liability Act remain unaffected.

§ 7 Notes on data processing

(1) The provider collects customer data as part of the processing of contracts. In doing so, it shall observe in particular the provisions of the Federal Data Protection Act and the Telemedia Act. Without the customer's consent, the provider shall only collect, process or use the customer's inventory and usage data insofar as this is necessary for the processing of the contractual relationship and for the use and billing of telemedia.

(2) Without the customer's consent, the provider shall not use the customer's data for the purposes of advertising, market or opinion research.

§ 8 Final provisions

(1) The law of the Federal Republic of Germany shall apply to contracts between the provider and the customer, excluding the UN Convention on Contracts for the International Sale of Goods and private international law.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the registered office of the provider.

(3) The contract shall remain binding in its remaining parts even if individual points are legally invalid. The ineffective points shall be replaced by the statutory provisions, if any. However, if this would constitute an unreasonable hardship for one of the contracting parties, the contract as a whole shall become invalid.

Alternative dispute resolution in accordance with Art. 14 para. 1 ODR-VO and § 36 VSBG:

The European Commission provides a platform for online dispute resolution (OS) at https://ec.europa.eu/consumers/odr. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.