General Terms and Conditions Dealbuzzer
1 Scope of application and definitions
1.1 The business relationship between romutec Steuer- und Regelsysteme GmbH, Jochs-berger Straße 39, 91592 Buch am Wald (hereinafter referred to as “PROVIDER”) and the recipient of the services (hereinafter referred to as “CUSTOMER”, hereinafter also referred to collectively as the “PARTIES”), in particular for contracts for the sale and delivery of movable goods (hereinafter referred to as “goods”, “goods”, “product” or “products”) via the website www.deal-buzzer.com (hereinafter referred to as “website”) shall be governed exclusively by these General Terms and Conditions.
1.2 The offer of the PROVIDER is aimed exclusively at entrepreneurs (§ 14 BGB) or traders.
1.3 Conflicting, deviating or supplementary general terms and conditions of the CUSTOMER shall not become part of the contract unless the PROVIDER expressly agrees to their validity. These General Terms and Conditions shall also apply if the PROVIDER performs services without reservation in the knowledge that the CUSTOMER’s terms and conditions conflict with or deviate from these General Terms and Conditions.
1.4 All information provided by the CUSTOMER during the ordering process must be current and truthful. The CUSTOMER must be of legal age to register. There is no entitlement to the conclusion of a contract.
1.5 The CUSTOMER must keep his access data, in particular the password he has chosen, secret. The CUSTOMER is obliged to inform the PROVIDER immediately if there are any indications that the access data may be used without authorization.
1.6 The version of the PROVIDER’s General Terms and Conditions valid prior to utilization of the services shall apply.
1.7 Insofar as the generic masculine is used in the following provisions, this is solely for reasons of simplicity and does not imply any valuation.
2. conclusion of contract
2.1 The presentation of the goods on the website, in social networks or in advertisements does not constitute a legally binding offer by the PROVIDER to conclude a purchase contract. The CUSTOMER is merely requested to submit an offer by placing an order.
2.2 The CUSTOMER can submit his offer via the PROVIDER’s website by selecting the desired products in the PROVIDER’s webshop, placing them in his shopping cart and, after checking his order, signaling his binding willingness to purchase by clicking on a corresponding button (such as “Inquire about product/order now subject to payment”).
2.3 The contract may also be concluded in text form (e.g. by email) or in writing.
2.4 If the purchase is made digitally in the PROVIDER’s webshop, the following applies:
2.4.1 When one or more products are selected, they are placed in a virtual shopping cart, where the selected product(s) can be viewed and their quantity can be changed or the products can be removed. By clicking on the “Checkout” button, the CUSTOMER is asked to enter the information relevant for shipping and to select a payment method. Before completing the order, the CUSTOMER is shown a summary of all the information relevant to the order. By pressing the “Buy” or “Order with obligation to pay” button, the order process is completed and the order is sent.
2.4.2 By submitting the order on the website, the CUSTOMER submits a binding offer, which is aimed at the conclusion of a purchase contract for the product(s) contained in the shopping cart. By submitting the order, the CUSTOMER also recognizes these terms and conditions as solely authoritative for the legal relationship with the PROVIDER.
2.4.3 The PROVIDER confirms receipt of the CUSTOMER’s order by sending a confirmation e-mail. This order confirmation does not constitute acceptance of the contract offer by the PROVIDER. It merely serves to inform the CUSTOMER that the order has been received by the PROVIDER.
2.4.4 The declaration of acceptance of the contract offer is usually made by an express contract confirmation by email.
2.4.5 Contracts concluded via the WEBSITE shall be concluded exclusively in German.
3. prices, shipping costs, delivery times
3.1 The price(s) listed for the product(s) at the time of the order shall apply to orders. All prices quoted are subject to the statutory German value added tax.
3.2 In addition to the stated prices, delivery costs may be incurred for delivery. The CUSTOMER will be clearly informed of any shipping costs incurred on the product pages, in the shopping cart system and on the order page.
3.3 Goods marked as “available” on the website will be delivered immediately after receipt of the order and, if applicable, after receipt of advance payment within a maximum of 5 working days. The PROVIDER shall indicate any deviating delivery times on the respective product page.
4. payment methods
4.1 Payment is possible by direct debit, PayPal, Stripe, prepayment and invoice.
4.2 In the case of payment by direct debit, the CUSTOMER undertakes to issue the PROVIDER with a (SEPA) direct debit authorization immediately after conclusion of the contract, but at the latest within 7 days of conclusion of the contract.
4.3 The CUSTOMER agrees that the PROVIDER’s invoices shall generally be sent to the specified invoice recipient in electronic form.
5. delivery
5.1 If the PROVIDER is unable to meet a binding delivery deadline for reasons for which the PROVIDER is not responsible (e.g. due to a lack of self-supply by upstream suppliers or force majeure), the PROVIDER shall inform the CUSTOMER of this immediately, stating the new expected delivery deadline if applicable. If the new delivery period is not acceptable to the CUSTOMER or the goods are no longer available within the new delivery period or at all, both contracting parties are entitled to withdraw from the contract with regard to the goods in question; in this case, any consideration already paid will be refunded immediately. The statutory rights of the contracting parties shall remain unaffected by this.
5.2 In cases of force majeure, the delivery period shall be extended accordingly. Force majeure includes strikes, lockouts, official interventions, energy and raw material shortages, transportation bottlenecks, operational hindrances, for example due to fire, water, machine damage and lightning strikes and all other hindrances that the PROVIDER could not foresee and is not responsible for. The PROVIDER shall inform the customer immediately of the start and end times of such obstacles to delivery.
6 Liability for damages
6.1 The PROVIDER shall be liable, irrespective of the legal grounds, within the framework of the statutory provisions only in accordance with the following provisions:
6.2 The PROVIDER shall be liable without limitation for damages resulting from injury to life, limb or health caused by intent or negligence on the part of the PROVIDER or one of its legal representatives or vicarious agents. In addition, the PROVIDER shall be liable for damages caused by intent or gross negligence on the part of the PROVIDER or one of its legal representatives or vicarious agents as well as for damages due to non-compliance with a guarantee or warranted characteristic given by the PROVIDER or due to fraudulently concealed defects.
6.3 The PROVIDER shall be liable, limited to compensation for foreseeable damage typical of the contract, for such damage that is based on a slightly negligent breach of material contractual obligations by the PROVIDER or one of its legal representatives or vicarious agents. Essential contractual obligations are obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner may regularly rely.
7. warranty
7.1 The warranty period is two years. This does not apply to damages resulting from injury to life, body or health, which the PROVIDER is culpably responsible for, and not to damages caused by gross negligence or intent or fraudulent intent on the part of the PROVIDER.
7.2 Only the PROVIDER’s own specifications and the manufacturer’s product description shall be deemed agreed as the quality of the goods.
7.3 Claims based on the Product Liability Act remain unaffected.
7.4 If and insofar as components of the goods are created individually at the customer’s request using a 3D printing system, it is pointed out that these are equipped with the usual quality features of a 3D printed product. When using the goods, particular care must be taken to ensure that they are used to the usual extent. Improper use can lead to damage that is not covered by the warranty.
7.5 The use of the goods is generally intended for non-public areas.
7.6 In all other respects, the statutory provisions shall apply.
8 Retention of title, offsetting
8.1 The goods remain the property of the PROVIDER until full payment has been made.
8.2 The CUSTOMER shall only have a right of set-off if its counterclaims have been legally established or are undisputed or recognized by the PROVIDER. This does not apply to claims to which the CUSTOMER is entitled due to the exercise of the right of withdrawal.
8.3 If the CUSTOMER is in arrears with any payment obligations to the PROVIDER, all existing claims shall become due immediately.
9. data protection, confidentiality
9.1 The CUSTOMER is informed that the PROVIDER collects, processes and uses personal inventory and usage data in machine-readable form within the scope of the purpose of the contractual relationship. All personal data shall be treated confidentially.
9.2 The PARTIES undertake to treat as confidential any information from the other party that becomes known to them in the course of the performance of the contract.
10. right of withdrawal
The PROVIDER concludes contracts exclusively with entrepreneurs within the meaning of § 14 BGB, so that there is no statutory right of withdrawal.
11. rights of use and copyrights
11.1 The goods in the PROVIDER’s range of services are generally protected by trademark law. Any interference with the protected intellectual property rights is not permitted and will be prosecuted by the respective rights holder. The CUSTOMER shall indemnify the PROVIDER against any third-party claims against the PROVIDER that may result from the infringement of intellectual property rights by an unauthorized act of the CUSTOMER.
11.2 The CUSTOMER undertakes not to remove manufacturer’s details – in particular copyright notices – or to change them without the express consent of the PROVIDER. All
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All other rights to the audio recordings shall remain with the PROVIDER. The granting of sublicenses is not permitted. 11.3 The CUSTOMER is solely responsible for the provision of the audio recordings (and, if applicable, clarification of the legal situation with regard to use by the PROVIDER and CUSTOMER). The CUSTOMER shall indemnify the PROVIDER against all claims that exist and/or arise in connection with this audio recording. Any liability of the PROVIDER is excluded.
11.4 If the CUSTOMER independently records audio recordings other than those supplied by the PROVIDER on the goods already delivered, the CUSTOMER shall indemnify the PROVIDER against all copyright claims arising in this connection. The PROVIDER is not responsible for this use by the CUSTOMER.
12 General provisions
The place of performance and exclusive place of jurisdiction for disputes with merchants, legal entities under public law or special funds under public law arising from contracts is Buch am Wald.
12.1 All disputes in connection with the use of the website shall be governed exclusively by the laws of the Federal Republic of Germany, irrespective of the legal grounds, to the exclusion of all provisions of conflict of laws that refer to another legal system.
12.2 The invalidity of one or more provisions of these General Terms and Conditions shall not affect the validity of the remaining provisions of these General Terms and Conditions.
Status: July 2022
General Terms and Conditions Deal Buzzer Cloud
1 Scope of application and definitions 1.1 For the business relationship between romutec Steuer- u. Regelsysteme GmbH, Jochsberger Straße 39, 91592 Buch am Wald (hereinafter referred to as “provider“) and the recipient of the services (hereinafter referred to as “User“, together also referred to here as “the parties“), for the provision of Software as a Service services in the area of sales monitoring (hereinafter referred to as “Services“), which include, but are not limited to, the use of the website https://cloud.deal-buzzer.com (hereinafter referred to as the “website” or “Platform”) or the use of any other software solutions made available by the Provider (e.g. browser plugins, mobile applications (APP)), these General Terms and Conditions shall apply.
1.2 The provider’s offer is aimed exclusively at entrepreneurs (§ 14 BGB) or traders.
1.3 Conflicting, deviating or supplementary general terms and conditions of the user shall not become part of the contract unless the provider expressly agrees to their validity. These General Terms and Conditions shall also apply if the Provider performs services without reservation in the knowledge that the User’s terms and conditions conflict with or deviate from these General Terms and Conditions.
1.4 These GTC shall also apply to all future service relationships between the Provider and the User (in connection with the subject matter of the service offered) without the need for express inclusion.
1.5 Insofar as the generic masculine is used in the following provisions, this is solely for reasons of simplicity and does not imply any valuation.
2 Subject matter of the service 2.1 The Provider offers the User the use of an online platform for monitoring sales activities via the Website.
2.2 Any services that go beyond the provision of the platform or other chargeable services require an individual offer.
2.3 The information stored does not claim to be complete.
2.4 The Provider is entitled to use third parties as auxiliary persons to fulfill individual or all contractual obligations.
2.5 The User undertakes to provide the cooperation required for the contractual service and to provide the Provider with access to all requested information or documents that are necessary for the fulfillment of the contractual services. If the User breaches this obligation, the Provider shall be released from its obligation to perform.
3. contract of use; registration; fee-based offers; termination 3.1 The registration of the user is a prerequisite for the use of the services. Registration is subject to acceptance of these Terms of Use and the Privacy Policy and requires the truthful provision of the requested data. Registration in the name of a third party – irrespective of their consent – and multiple registrations of a user under different names are not permitted. The provider expressly reserves the right to verify the data provided during registration by taking appropriate measures. Upon confirmation of the registration by the provider, a contract is concluded between the provider and the user for the use of the website (hereinafter referred to as
“contract of use”) is concluded. There is no entitlement to the conclusion of a contract of use. 3.2 As part of the existing contract for the use of the content through the use of the website, the user is permitted to use the content and functions provided for their own purposes free of charge for 14 days within the scope of these terms of use.
3.3 The use of certain (in particular paid) content or functions may be subject to special conditions. The provider reserves the right to amend the terms of use at any time and to make further use of the website dependent on acceptance of the amended terms of use.
3.4 The presentation of the services on the website or in advertisements does not constitute a binding offer by the provider to conclude a (fee-based) contract. The user is merely requested to submit an offer by logging in or registering for a corresponding offer on the provider’s website.
3.5 Payment is possible via Paypal or invoice.
4 Obligations of the User 4.1 The User undertakes to use the functions provided by the Provider only to the extent contractually agreed.
4.2 The user is obliged to keep his stored customer information and access data (in particular his e-mail address) up to date.
4.3 The user is independently responsible for ensuring that the technical requirements are met in order to be able to use the service in full. In the event of technical problems with the service provided, the user is also obliged to cooperate in solving the problem to the best of their ability.
4.4 The user is obliged to keep his access data, in particular the password chosen by him, secret at all times and to prevent any unauthorized access to his user account by third parties by means of suitable measures. The user is obliged to inform the provider immediately if there are any indications that the access data could be used without authorization. The user shall be liable for any misuse of the user account and/or his/her data.
4.5 The user is obliged to ensure that the information and content entered by him/her does not infringe the rights of third parties or violate statutory provisions. The Provider expressly reserves the right to impose civil and/or criminal sanctions in the event of a breach of this provision. The user hereby indemnifies the provider against any recourse claims that may result from a breach of this provision.
4.6 The user acknowledges that he/she may be temporarily or permanently excluded (“deactivated”) from the offer by the provider at any time if he/she violates the conditions set out here.
5 Special provisions for the use of audio files 5.1 If and insofar as the user uploads audio files to the platform, this is done at the user’s own risk. It is expressly recommended that audio files in the public domain be used.
5.2 The use of the platform and the audio files uploaded and/or stored there are intended exclusively for playback in business and/or private rooms, but not for playback in public spaces.
6 Liability for damages 6.1 The provider is liable, regardless of the legal grounds, within the framework of the statutory provisions only in accordance with the following clauses.
6.2 The provider is only liable for damages resulting from injury to life, body or health as well as for damages caused by intent or gross negligence on the part of the provider or one of its legal representatives or vicarious agents. In addition, the provider shall be liable, limited to compensation for foreseeable damage typical of the contract, for such damage that is based on a slightly negligent breach of essential contractual obligations by the provider or one of its legal representatives or vicarious agents. Essential contractual obligations are obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the user may regularly rely.
6.3 The provider assumes no liability for the accuracy or completeness of the data provided.
6.4 The Provider accepts no liability for unforeseen software malfunctions from the sphere of third parties, or technical “bugs” or data loss over which the Provider itself has no influence. The provider endeavors to rectify any server malfunctions as quickly as possible and to carry out maintenance work carefully. Furthermore, the provider cannot guarantee the user that the website will be available at all times.
6.5 The User shall indemnify the Provider against all third-party claims asserted against the Provider by third parties due to a breach of these GTC by the User. In this case, the User shall also reimburse the Provider for all costs incurred for legal prosecution and defense.
7 Data protection, confidentiality 7.1 The processing of personal data for the fulfillment of the contractually agreed services is carried out in accordance with national and European data protection laws. The processing of personal data required to fulfill the contractual offer is based on Art. 6 lit. b GDPR. Beyond this, further processing of data or disclosure to third parties only takes place in cases in which the user has previously given their express consent or the processing/disclosure is necessary for the performance of the contract and this corresponds to the interests of the user. Furthermore, the provider refers to the data protection provisions available at https://deal-buzzer.com/datenschutz.
7.2 The contracting parties undertake to treat as confidential any information or documents from the area of the other party which become known to them in the course of the execution of the contract and which are not in the public domain or generally accessible. This confidentiality obligation shall continue to apply even after termination of the contractual relationship.
8 Rights of use, encryption 8.1 The User therefore grants the Provider all non-exclusive rights to non-public use of the uploaded content and information provided, unlimited in terms of location, time and content. The transfer of rights is independent of the existence or non-existence of a license agreement and applies in particular even after the expiry of such a license agreement. In particular, the provider is entitled to reproduce, distribute and, if necessary, edit the material for technical reasons.
8.2 The Provider shall use suitable encryption technology to ensure that the content is protected against access by third parties.
9. property rights of the provider, reference use
9.1 The entire offer of the Provider is subject to the respective industrial property rights (e.g. copyright law) and is legally protected by the Provider and/or its licensors. This applies in particular to the entire data and database structure as well as to the external appearance of the website.
9.2 All legally protected content of the Provider, as well as the entire data and database structure, may not be published, reproduced, made publicly accessible or passed on to third parties without the express prior consent of the Provider. The user is granted a simple, non-transferable right to use the website, limited to the duration of the contract. Any commercial use is not permitted in any case without the prior consent of the provider.
9.3 The user allows the provider to mention the contractual cooperation for the purpose of (self-) advertising, in particular on the provider’s website or social network profiles (“testimonial use”).
10 Contract term, termination, deletion of the account 10.1 The contract term is indefinite. It can be terminated at any time to the end of the current month.
10.2 The Provider is entitled to terminate the contract of use for good cause (extraordinary termination).
11 Availability of the Website 11.1 The Provider strives for a high availability of the Website. However, the User is aware and agrees that the following times in particular may limit the availability of the Website:
– periods of unavailability due to Internet disruptions beyond the Provider’s control or other circumstances for which the Provider is not responsible, in particular force majeure;
– Periods of unavailability due to maintenance work on the website.
12. use of object-related data 12.1 The object-related data entered by the user may be stored and processed without restriction and used in particular for future analyses.
12.2 The use of personal data remains unaffected.
13. right of withdrawal
The provider concludes contracts exclusively with entrepreneurs within the meaning of § 14 BGB,
so that there is no statutory right of withdrawal.
14 General provisions 14.1 To the extent permitted by law, the place of performance shall be Buch am Wald. The exclusive place of jurisdiction for disputes with merchants, legal entities under public law or special funds under public law arising from contracts is Buch am Wald.
14.2 Ancillary agreements to these GTC do not exist and must be made in writing to be effective. This also applies to the amendment of this provision itself.
14.3 The possible invalidity or ineffectiveness of one or more provisions of these GTC
shall not affect the validity of the remaining provisions. The parties undertake to replace the invalid provision with a valid provision that comes closest to the intended provision in economic and legal terms. 14.4 The Provider reserves the right to amend these General Terms and Conditions at any time for important reasons, unless the amendment is unreasonable for the User. Important reasons are in particular changes in the law, changes in jurisdiction or significant operational and/or economic changes to the Provider. In this case, the Provider shall notify the User in good time. If the user does not object to the new General Terms and Conditions within a period of two weeks after notification, the amended General Terms and Conditions shall be deemed to have been accepted by the customer.
14.5 All disputes in connection with the use of the Website shall be governed exclusively by the laws of the Federal Republic of Germany, excluding all conflict of laws provisions that refer to a different legal system, irrespective of the legal grounds.
Status: September 2023
