General Terms and Conditions (GTC)
§ 1 Scope and General
1) The following general terms and conditions apply to all paid and free services of BilDuIn GmbH and regulate the legal relationship between BilDuIn GmbH (hereinafter referred to as ecosero.de) and its customers. Customers are natural and legal persons who have a customer account with ecosero.de in order to use its services.
ecosero.de offers customers of various industries (hereinafter referred to as "customer") internet-based software solutions (hereinafter referred to as "customer portal") for interactive online consulting, online training, online service, online sales and online recruiting.
§ 2 Conclusion of contract
1) The use of the services of ecosero.de requires the purchase of a service offered on www.ecosero.de for which a fee is charged. Minors are only allowed to use the customer portal with parental consent.
2) As soon as the purchase/rental or the purchase of chargeable products/services has been confirmed by ecosero.de, a contractual relationship between ecosero.de and the customer is established. A right of termination exists according to the present GTC.
3) When registering free of charge, the customer enters his first and last name, his valid e-mail address and a freely chosen password.
4) Customers provide their data completely and correctly. ecosero.de reserves the right to delete customer accounts containing false data without giving reasons.
5) If the personal data provided change after registration, the customer is obliged to update the information in his customer account immediately.
6) A customer account is not transferable.
7) A customer account may neither be rented out nor otherwise made
available to third parties against payment or free of charge.
Only the own employees and the participants, speakers and moderators
invited for an event may be granted access.
§ 3 Services of ecosero.de
1) Customers have the opportunity to purchase products or services via the website of ecosero.de (www.ecosero.de).
2) ecosero.de will guarantee the availability of the customer portal
to the best of its ability and adapt it to the usual market
standards. However, there is no claim to a certain availability or
functionality.
In particular, ecosero does not guarantee the
creation, availability and download of the recordings.
3) When creating users in the customer portal, the roles "admin" and "organiser" may only be granted to users in the own company.
§ 4 Requirements for customers / obligations of customers
1) Customers are responsible for all contents on the portal configured for them (customer portal). It is not the responsibility of ecosero.de to check the content for possible legal violations.
2) On the customer portal no contents may be conveyed which violate legal prohibitions, rights of third parties or morality (racist, xenophobic, right-wing extremist, pornographic or other reprehensible contents).
3) The customer undertakes to comply with the imprint obligation on the customer portal and to make its own legally binding General Terms and Conditions (GTC), data protection guidelines and the cancellation policy accessible to its customers or users.
4) The customer (of ecosero.de) points out to his customers or users in his GTC that ecosero.de does not bear any responsibility for sales contracts concluded with his customers or users.
§ 5 Technical requirements
1) After conclusion of the contract ecosero.de provides the services and the necessary access. It is the customer's responsibility to create the technical prerequisites at his own expense in order to be able to use the agreed services by using the access provided by ecosero.de. The requirements, especially regarding the hardware and operating system software used, the connection to the internet and the necessary browser software, as well as our recommendations regarding the minimum requirements of your hardware and software can be found on the web pages of ecosero.de.
2) We reserve the right to further develop or change the software used in our systems and thus adapt it to the constantly progressing technical development. In such a case it is the customer's responsibility to carry out the necessary technical adaptations at his own expense within one month after having been informed in advance. The customer has the right to terminate the contract within a period of one week after receipt of the corresponding announcement.
3) It is the customer's responsibility to take the necessary precautions to secure his own systems. We recommend using the security settings of the web browsers used and carrying out a regular data backup.
§ 6 Third-party software
The use of our services requires the use of software applications freely available on the Internet (such as web browsers). It is the customer's responsibility to download and install these software applications. We point out that this creates contractual relationships exclusively between the customer and the provider of the free software. The downloading and installation of this software is the sole responsibility of the customer.
§ 7 Costs, billing, deposits and withdrawals
1) If a booking of services/products is made, the customer commits himself to pay the full amount to the account at ecosero.de according to the given payment methods.
2) The monthly fee for the respective service/product is to be paid within the first week of each month or will be debited from the customer's deposited account according to the agreed payment method.
3) If the product is not purchased as a subscription, the contract
ends automatically at the end of the original contract term.
If a subscription is taken out, the term of the contract is
determined by the subscription taken out. The subscription is
automatically renewed and can be cancelled at any time at the end of
the current term.
4) Further invoices from ecosero.de have to be paid within 14 days after receipt. ecosero.de is entitled to issue invoices in electronic form.
§ 8 Sanctions, blocking and termination
1) In case of violation of legal regulations, rights of third parties, the ecosero.de general terms and conditions, or if ecosero.de has any other interest, e.g. to protect against fraudulent activities, ecosero.de can take several measures:
- warning the customer
- Restriction of the use of the customer portal
- Temporary or permanent blocking
- Deletion of created contents
2) A blocked customer is no longer allowed to use the portal even with other member accounts. A renewed registration is prohibited.
§ 9 Exclusion of liability and copyrights
1) The contractual and non-contractual liability of ecosero.de and for auxiliary persons of ecosero.de is - as far as there is no intentional or grossly negligent action - completely excluded.
2) According to the current state of technology, there is no guarantee for an error-free and constantly available data communication via the internet. In this respect ecosero.de is not liable for an uninterrupted availability of the portal.
3) Downloading of programs and documents is at the user's own risk. ecosero.de does not assume any liability for damages caused to users by the transmission, storage and use of digital contents of any kind.
§ 10 Data protection
1) All personal user data (first and last name, address, date of birth, e-mail address, etc.) are collected, processed and stored exclusively according to the regulations of the German data protection law.
2) No data will be sold to third parties and/or used for market research and/or for advertising purposes and/or for other own purposes.
3) All servers of ecosero.de are operated in Germany.
Right of withdrawal
Right of withdrawal for consumers
The regulations in this section apply exclusively to customers who place their order from a member state of the European Union or the European Economic Area:
1 Cancellation
Customers who are consumers have the right to withdraw from this contract within fourteen (14) days without giving any reason.
In the case of a service contract or a contract for the supply of digital and individually purchased or recurring content that is not supplied on a physical medium, the withdrawal period is fourteen days from the date of conclusion of the contract.
In the case of a contract for the supply of goods (e.g. backup CDs), the withdrawal period shall be fourteen days from the day on which the consumer or a third party other than the carrier and indicated by the consumer has taken possession of the goods.
In order to exercise the right of withdrawal, the consumer must inform BilDuIn GmbH, Wilhelmstr. 92, 13593 Berlin, Germany, e-mail: infoENTF@bilduin.de) by means of a clear declaration (e.g. a letter sent by post, e-mail) of his decision to withdraw from this contract. The consumer may use the model cancellation form following this cancellation policy, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient for the consumer to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
2 Legal consequences of withdrawal
2.1) If the consumer revokes this contract, ecosero.de has to refund all payments ecosero.de has received from the consumer, including the delivery costs (with the exception of additional costs resulting from the fact that the consumer has chosen a type of delivery other than the cheapest standard delivery offered by ecosero.de), without delay and at the latest within fourteen days from the day ecosero.de has received the notification of the revocation of this contract. For this repayment, ecosero.de will use the same means of payment that the consumer used for the original transaction, unless expressly agreed otherwise with the consumer; in no case will the consumer be charged for this repayment.
2.2) In the case of a service contract, the following applies: If the consumer has requested that the services should commence during the withdrawal period, the consumer shall pay ecosero.de a reasonable amount corresponding to the proportion of the services already rendered up to the time the consumer notifies ecosero.de of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
2.3) In case of a purchase contract concerning the delivery of goods, the following applies: ecosero.de can refuse the repayment until ecosero.de has received the goods back or until the consumer has provided proof that he has returned the goods, whichever is earlier. The consumer shall return or hand over the goods to ecosero.de without undue delay and in any case not later than within fourteen days from the day on which the consumer notifies ecosero.de of the revocation of this contract. The deadline is met if the consumer sends the goods before the expiry of the period of fourteen days. The consumer shall bear the direct costs of returning the goods. The consumer shall only be liable for any loss in value of the goods if such loss in value is due to handling of the goods which is not necessary for the inspection of the quality, characteristics and functioning of the goods. Testing of the quality, characteristics and functioning" is understood to mean testing and trying out the item, such as is possible and customary in a shop. Moreover, the consumer can avoid the obligation to pay compensation for a loss of value caused by the intended use of the goods by not using the goods as if they were his own property and by refraining from doing anything that might impair their value.
2.4 According to § 356 para. 5 BGB (German Civil Code) the right of withdrawal expires in case of a contract for the delivery of digital contents not on a physical data carrier if ecosero.de has started the execution of the contract after the consumer has expressly agreed that ecosero.de starts the execution of the contract before the expiry of the withdrawal period and has confirmed his knowledge that he loses his right of withdrawal by his agreement with the start of the execution of the contract.
2.5) The consumer expressly agrees that ecosero.de shall start the execution of this contract before the expiry of the withdrawal period and has confirmed his knowledge that the consumer loses his right of withdrawal with the start of the execution of this contract.
2.6) According to § 312g para. 2 BGB, the right of revocation does not exist in case of
- contracts for the delivery of goods which are not prefabricated and for the production of which an individual selection or determination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer (§ 312g para. 2 no. 1 BGB), and
- contracts for the delivery of audio and video recordings or computer software in a sealed package, if the seal has been removed after delivery (§ 312g para. 2 no. 6 BGB).
End of the cancellation policy
To BilDuIn GmbH, Wilhelmstr. 92, 13593 Berlin, Germany, e-mail: infoENTF@ecosero.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
Ordered on (*) / received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of paper communication)
Date
(*) Please delete where inapplicable.
