Terms and Conditions with customer information
- Subject of the contract
- Conclusion of contract
- Applicable law
- Alternative Dispute Resolution
1.1 These General Terms and Conditions (hereinafter referred to as “Terms and Conditions”) of Rouven Eckhardt (hereinafter referred to as “Intermediaries”) apply to all contracts for the brokerage of contracts (hereinafter referred to as the “Principal Contract”) by a consumer or entrepreneur (hereinafter referred to as “Customer”) with the intermediary completes the website of the intermediary. Hereby the inclusion of own conditions of the customer is contradicted, unless it is agreed otherwise.
1.2 Consumer within the meaning of these Terms and Conditions is any natural person who concludes a legal transaction for purposes that are predominantly neither their commercial nor their independent professional activity can be attributed. Entrepreneur in the sense of these terms and conditions is a natural or legal person or a legal partnership, which acts in the execution of a legal transaction in the exercise of their commercial or independent professional activity.
2) Subject of the contract
The subject matter of the contract between the customer and the intermediary regulated in these Terms and Conditions is the brokerage of contracts that are concluded between the customer and a third party provider (hereinafter “provider”). The content of the main contract results from the respective article or service description on the website of the respective provider. The service obligation of the agent is limited to forwarding the customer via his website by electronic link to the offer of the respective provider. The intermediary does not become a party to the main contract and does not accept declarations of intent concerning the main contract. Furthermore, the agent assumes no liability for the actual conclusion of a contract between the customer and the provider. The fulfillment of the main contract is not carried out by the intermediary but by the respective provider. For the main contract, the legal provisions in the relationship between the customer and the provider as well as any deviating terms and conditions of the respective provider apply.
3) Conclusion of the contract
3.1 The agent provides the customer with various advertising links or banners on its website, via which the customer is forwarded by mouse click to the offers of the respective provider. The provision of these advertising links or banners represents a binding offer of the intermediary to conclude a brokerage contract, which the customer can accept by clicking on the respective advertising link or banner with the mouse.
3.2 The text of the contract regarding mediation is neither stored by the mediator nor is it accessible to the customer after the submission of his contract.
3.3 Only the German language is available for the conclusion of the contract.
The mediation of the main contract is free of charge for the customer. Any costs incurred by the customer through the brokered main contract will be communicated to the customer in the offer of the respective provider and, in the case of a contract, settled directly by the provider with the customer. In that regard, the statutory provisions in the relationship between the customer and the provider and, where applicable, deviating terms of the respective provider.
5.1 The service provider is liable to the customer in accordance with the statutory provisions for service disruptions in connection with the brokering of contracts in the relationship between the agent and the customer.
5.2 The agent is not liable for performance disruptions in the main contract between the customer and the provider. Claims due to performance disruptions in the main contract must be made by the customer directly to the respective provider.
6) Applicable law
For all legal relations of the parties the law of the Federal Republic of Germany applies. For consumers, this choice of law applies only to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
7) Alternative Dispute Resolution
7.1 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 point of contact for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
7.2 The intermediary is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.