Contracting party
On the basis of these General Terms and Conditions (GTC), the contract is concluded between the customer and Stevie Agency GmbH, Hauptstrasse 82, 8272 Ermatingen, represented by the managing director Patricia Kastner, hereinafter referred to as the provider.
Object of agreement
This contract regulates the sale of services from the area(s) of services for founders and entrepreneurs via the provider’s online shop or as a directly concluded contract with the provider. For the details of the respective offer, reference is made to the respective product description. In addition, this contract also regulates all those agreements in which these general terms and conditions are expressly referred to.
Contract
The contract is concluded in electronic business transactions via the shop system or via other means of distance communication such as telephone and e-mail. The offers presented represent a non-binding invitation to submit an offer through the customer’s order, which the provider can then accept.
The ordering process for the conclusion of the contract includes the following steps in the shop system: 1) Request an offer or have it displayed 2) Confirm the offer by e-mail, in writing, by fax or via our website 3) After acceptance of the offer, the contract is concluded.
In addition to the shop system, orders can also be placed via means of distance communication (telephone/e-mail), whereby the ordering process for the conclusion of the contract includes the following steps: 1) Request an offer or be displayed or receive it from the provider or his vicarious agents 2) Confirm the offer by e-mail, in writing, by fax or via our website 3) After acceptance of the offer, the contract is concluded.
An automatically generated and sent order confirmation does not constitute a corresponding legally binding declaration. The contract is also concluded by sending the goods or providing the service.
Period of contract
The duration of the contract is agreed individually in each case. Unless otherwise agreed, contracts with a notice period of one month to the end of the month can be terminated by either party in writing or by e-mail without giving reasons. Unless otherwise agreed, the term of the contract is automatically extended by a further period of 1 month if the customer does not terminate in time. The right to extraordinary termination for good cause, in particular the repeated breach of the main contractual obligations, remains unaffected.
Provisos
The provider reserves the right not to provide the promised service in the event of non-availability.
Prices, shipping costs, return costs
All prices are net prices and do not include the statutory value added tax. In addition to the final prices, depending on the shipping method, there are other costs that are displayed before the order is shipped. If there is a right of withdrawal and this is exercised, the customer bears the costs of the return.
Terms of payment
Unless otherwise agreed, the customer has only the following options for payment: advance bank transfer, invoice on delivery or after service, direct debit, payment service provider (PayPal). Other payment methods are not offered and will be rejected. Not every payment method is offered for every product. The invoice amount is to be transferred to the account specified there after receipt of the invoice, which contains all the details for the transfer and is sent by e-mail. The use of an escrow service/payment service provider allows the provider and customer to process the payment among themselves. In this case, the escrow service/payment service provider forwards the customer’s payment to the provider. Further information can be found on the website of the respective escrow service / payment service provider. In the case of payment by invoice: Payment is due immediately and without deduction from the invoice date. After expiry of the payment period, which is thus determined by calendar, the customer is in default even without a reminder. A right of retention of the customer, which is not based on the same contractual relationship, is excluded. Offsetting against claims of the customer is excluded, unless these are undisputed or have been legally established.
Terms of delivery
The goods will be shipped – if in stock – immediately after receipt of the order. Services are provided within the scope of the respective offer. If a third-party service provider is used for order processing, its regulations apply, which are then also referred to separately.
Right of withdrawal and after-sales service
Customers who are entrepreneurs are not subject to the rules on distance contracts. Therefore, these customers are not entitled to a corresponding right of revocation due to distance contract. The provider does not concede such a right.
Disclaimer
Claims for damages by the customer are excluded, unless otherwise stated for the following reasons. This also applies to the representative and vicarious agents of the provider if the customer asserts claims for damages against them. Excluded are claims for damages by the customer due to injury to life, limb, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the objective of the contract. Likewise, this does not apply to claims for damages after grossly negligent or intentional breach of duty by the provider or his legal representative or vicarious agent.
Prohibition of assignment and pledging
Claims or rights of the customer against the provider may not be assigned or pledged without the provider’s consent, unless the customer has proven a legitimate interest in the assignment or pledging.
Language, Jurisdiction and Applicable Law
The contract shall be drawn up in German. The further execution of the contractual relationship takes place in German. Swiss law applies exclusively. For consumers, this only applies to the extent that it does not restrict any statutory provisions of the state in which the customer is domiciled or habitually resident. The place of jurisdiction for disputes with customers who are not consumers, legal entities under public law or special funds under public law is the registered office of the provider.
Privacy
In connection with the initiation, conclusion, processing and reversal of a contract on the basis of these terms and conditions, data is collected, stored and processed by the provider. This is done within the framework of the legal provisions. The provider does not pass on any personal data of the customer to third parties, unless he is legally obliged to do so or the customer has expressly consented in advance. Excluded from this is the sale of the data of prospective customers from regions in which the provider does not have its own regional representation, which we expressly reserve the right to do. If a third party is used for services in connection with the handling of processing operations, the provisions of the Federal Data Protection Act are complied with. The data provided by the customer by way of the order will be processed exclusively for the purpose of establishing contact within the framework of contract processing and only for the purpose for which the customer has provided the data. The data will only be passed on to the shipping company that takes over the delivery of the goods according to the order. The payment data will be passed on to the credit institution commissioned with the payment. Insofar as the provider is subject to retention periods under commercial or tax law, the storage of some data may take up to ten years. During the visit to the provider’s Internet shop, anonymized data that does not allow any conclusions to be drawn about personal data and does not intend to do so, in particular IP address, date, time, browser type, operating system and pages visited, is logged. At the request of the customer, the personal data will be deleted, corrected or blocked within the framework of the statutory provisions. Free information about all personal data of the customer is possible. For questions and requests for deletion, correction or blocking of personal data as well as collection, processing and use, the customer can contact the following address: Stevie Agency GmbH, Patricia Kastner, Hauptstrasse 82, 8272 Ermatingen, e-mail: pk@stevie.cloud.
The invalidity of any provision of these terms and conditions has no effect on the validity of the other provisions.