Terms of Service
- 1 Validity, Definition of Terms
(1) MailBuddy UG, Neuer Wall 71, 20354 Hamburg, Deutschland operates under the Website: https://mail-buddy.de an Online-Shop for digital Products. The following general terms and conditions apply to all services between MailBuddy and the Customer (hereinafter: “Customer”) in the version valid at the time of the order, unless otherwise expressly agreed.
2) “Consumer” within the meaning of these terms and conditions is any natural person who concludes a legal transaction for purposes, which for the most part cannot be attributed to either their commercial or their self-employed professional activity.
“Entrepreneur” is a natural or juristic person (governed by private law) or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity, whereby a partnership with legal capacity is a partnership, equipped with the ability to acquire rights and incur liabilities.
- 2 Conclusion of the contracts, storage of the contract text
(1) The following regulations on the conclusion of a contract apply to orders via the online shop at https://mail-buddy.de.
(2) The product presentations on the Internet are non-binding and not a binding offer to conclude a contract.
(3) When an order is received in the online shop, the following regulations apply: The customer submits a binding contract offer by successfully going through the ordering procedure provided in the online shop. The Order is made in the following steps:
1.Selection of digital Products,
2.Adding the products by clicking on the corresponding button (“shopping cart”),
3.checking the information in the shopping cart,
4.Calling up the order overview by clicking on the corresponding button (“Continue to checkout”),
5.Entering/checking the address and contact details, selecting the payment method, confirming the terms and conditions and cancellation policy,
6.Completion of the order by clicking the “Buy now” button. This constitutes your binding order.
7.The contract is concluded when the customer receives an order confirmation from MailBuddy within three working days at the specified email address.
(4) If the contract is concluded, the contract is concluded with MailBuddy UG, Neuer Wall 71, 20354 Hamburg, Germany.
(5) Before ordering, the contract data can be printed out or saved electronically using the print function of the browser. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the terms and conditions and the cancellation policy, is carried out by e-mail after the customer has placed the order, partly automatically. MailBuddy does not save the text of the contract after the contract has been concluded.
(6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g., “Back” button of the browser). They can also be corrected by the customer aborting the ordering process prematurely, closing the browser window and repeating the process.
(7) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via e-mail, in some cases automatically. The customer must therefore ensure that the e-mail address stored by him is correct, that the receipt of e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
- 3 MailBuddy’s Performance
(1) The subject of the contract is:
- The sale of digital products, e.g., software or media downloads. The specific digital products offered can be found on our article pages.
(2) The essential features of the digital products can be found in the respective item description.
(3) For the sale of digital products, the license agreements that can be viewed on the website (https://mail-buddy.de) and the restrictions that can be seen in the product description or otherwise result from the circumstances, in particular with regard to hardware and/or software requirements for the target environment, also apply. Unless expressly agreed otherwise, the subject of the contract is only the private and commercial use of the purchased products by the customer. The customer acquires no rights to resell or sublicense the products he has purchased
- 4 Prices, shipping costs and delivery
(1) The prices listed in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes.
(2) The respective purchase price must be paid before delivery of the product (payment in advance), unless MailBuddy expressly offers purchase on account. The payment methods available to the customer are shown under a correspondingly designated button in the online shop or in the respective offer. Unless otherwise stated for the individual payment methods, the payment claims are due for payment immediately.
(3) In addition to the stated prices, shipping costs may apply for the delivery of products, unless the respective item is shown as being free of shipping costs. The shipping costs will be clearly communicated to the customer on the offers, possibly in the shopping cart system and on the order overview.
(4) Unless clearly stated otherwise in the product description, all products offered are ready for immediate dispatch (delivery time: 24 hours after receipt of payment)
(5) The following delivery area restrictions apply: Deliveries are made to the following countries: Germany.
- 5 Rights of Use
All commercial property rights related to the services and products of MailBuddy, in particular trademark rights and copyrights to services provided, remain with MailBuddy.
- 6 Set-off and retention rights
The customer is only entitled to set-off and retention rights if his counterclaims have been legally established, are undisputed or have been recognized by MailBuddy. In addition, the customer is only authorized to exercise the right of retention to the extent that his counterclaim is based on the same contractual relationship. Counterclaims by the customer against MailBuddy due to defective performance remain unaffected.
- 7 Right of Withdrawal
As a consumer, you have a right of withdrawal. This is based on these Terms
- 8 Liability
(1) Subject to the following exceptions, MailBuddy’s liability for contractual breaches of duty and tortious acts is limited to intent or gross negligence. This does not apply in the event of injury to life, limb or health.
If MailBuddy is in arrears with the service due to slight negligence, if the service has become impossible or if we have violated an essential contractual obligation, liability for property damage and financial losses attributable to this is limited to the foreseeable damage typical of the contract.
An essential contractual obligation is one whose fulfillment enables the proper execution of the contract in the first place, the breach of which jeopardizes the achievement of the purpose of the contract and on whose compliance you can regularly rely. This includes in particular our obligation to take action and to fulfill the contractually owed service, which is described in § 3.
- 9 Termination
If the customer terminates the contract or individual parts of the service before the service is provided, MailBuddy retains the full payment claim for contracts that are processed at a fixed or minimum price. However, MailBuddy must be credited for what it saves in expenses as a result of the termination, what it acquires through other use or maliciously fails to acquire.
- 10 Warranty
(1) German law applies to this contract and all related disputes as well as disputes about this choice of law agreement. For consumers, this choice of law only applies insofar as the protection provided by mandatory provisions of the law of the state of the consumer’s habitual residence is not withdrawn (principle of favourability).
(2) The provisions of the UN Sales Convention expressly do not apply.
(3) German is the only contractual language available.
(4) If the customer is an entrepreneur, a legal entity under public law or a special fund under public law, the sole place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is the registered office of MailBuddy (Hamburg). However, MailBuddy is also entitled to sue at the customer’s registered office. German law also applies to disputes about this agreement.
(5) Verbal ancillary agreements do not exist or are replaced by the provisions of the contract or these provisions. Oral ancillary agreements are only effective if they are confirmed by MailBuddy
(6) The place of performance is the registered office of MailBuddy (Hamburg).
(7) The legal ineffectiveness of individual provisions of the contract or the above conditions does not affect the effectiveness of the remaining provisions. The invalid provision will be replaced by another one that comes as close as possible to the originally intended purpose.