Terms and Conditions with Customer Information
Terms and Conditions with Customer Information
Table of Contents
Scope of Application
Subject Matter of the Contract
Conclusion of Contract
Remuneration
Performance Disruptions
Applicable Law
Jurisdiction
Alternative Dispute Resolution
1) Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of GESO-Steube (hereinafter referred to as "Broker") apply to all contracts for the brokerage of contracts (hereinafter referred to as "Main Contract") concluded by a consumer or entrepreneur (hereinafter referred to as "Customer") with the Broker via the Broker's website. The inclusion of the Customer's own terms and conditions is hereby objected to unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal personality who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
2) Subject Matter of the Contract
The subject matter of the contract regulated in these GTC between the Customer and the Broker is the brokerage of contracts concluded between the Customer and a third-party provider (hereinafter referred to as "Provider"). The content of the main contract arises from the respective article or service description on the website of the respective Provider. The Broker's obligation to perform is limited to forwarding the Customer via electronic links on its website to the offer of the respective Provider. The Broker does not become a party to the main contract itself and does not accept any declarations of intent concerning the main contract. Furthermore, the Broker does not guarantee that a contract will actually be concluded between the Customer and the Provider. The performance of the main contract is not carried out by the Broker but by the respective Provider. The statutory provisions apply to the main contract in relation between the Customer and the Provider as well as any deviating contractual conditions of the respective Provider.
3) Conclusion of Contract
3.1 The Broker provides the Customer with various advertising links or banners on its website through which the Customer is redirected to the offers of the respective Providers by mouse click. The provision of these advertising links or banners constitutes a binding offer by the Broker to conclude a brokerage contract, which the Customer can accept by clicking the mouse on the respective advertising link or banner.
By clicking the "Register Now" button, consent is given to a Schufa credit check when ordering cash on delivery.
3.2 The contract text regarding the brokerage is neither stored by the Broker nor is it accessible to the Customer after submitting his contractual declaration.
3.3 Only the German language is available for concluding the contract.
4) Remuneration
The brokerage of the main contract is free of charge for the Customer. Any costs incurred by the Customer through the mediated main contract will be communicated to the Customer in the offer of the respective Provider and will be billed directly to the Customer by the Provider in case of conclusion of a contract. In this respect, the statutory provisions apply to the relationship between the Customer and the Provider as well as any deviating contractual conditions of the respective Provider.
5) Performance Disruptions
5.1 The Broker is liable to the Customer for performance disruptions in connection with the brokerage of contracts in accordance with the statutory provisions.
5.2 The Broker is not liable for performance disruptions in the main contract between the Customer and the Provider. Claims for performance disruptions in the main contract must be asserted by the Customer directly against the respective Provider.
6) Applicable Law
The law of the Federal Republic of Germany applies to all legal relationships between the parties. With regard to consumers, this choice of law only applies to the extent that the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
7) Jurisdiction
If the Customer is a merchant, a legal entity under public law, or a special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the Seller. If the Customer has his registered office outside the territory of the Federal Republic of Germany, the registered office of the Seller is the exclusive place of jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the Customer. However, in the aforementioned cases, the Seller is in any case entitled to call upon the court at the Customer's registered office.
8) Alternative Dispute Resolution
8.1 The European Commission provides a platform for online dispute resolution (ODR) which can be found at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of entry for the out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer.
8.2 The Broker is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.