General Terms and Conditions (GTC)

Contracting Parties

The customer and supplier are bound to these General terms and conditions.

Subject matter of the contract

This contract regulates the sale of new goods and services from the field of cloud cross-profiling via the online shop of the provider. To view the details of the respective offer, please refer to the product description on the offer page.

Conclusion of contract

The contract is concluded exclusively in electronic business transactions via the shop system. The presented offers represent a non-binding invitation to submit an offer by the customer order, which the provider can then accept. The ordering process for the conclusion of the contract comprises the following steps in the shop system:

1. Selection of the offer in the desired specification and quantity

2. Adding the offer to the shopping cart

3. Pressing the order button

4. Entering the billing and delivery address

5. Selection of the payment method or payment by existing credit balance

6. Verification and processing of the order and all entries

7. Confirmation of the chargeable order

8. Confirmation mail about the receipt of the order

With the sending of the order confirmation the contract comes off.

Duration of contract

This recurrent/permanent service contract is concluded for an indefinite period. Each contracting party has the right to terminate the contract with a period of notice of one month to the end of the month without providing a reason. The right to extraordinary termination for good cause, in particular repeated breach of the main contractual obligations, remains unaffected. The termination is only effective if it is made by the customer via the interface of the web service or by the provider via email.

Reservations

The provider reserves the right to provide a service of equal quality and price. The service shown in the shop is exemplary and not the individual, contractual service. The provider reserves the right not to provide the promised service if it is not available.

Prices, forwarding expenses and return costs

All prices are final prices and include sales tax (value added tax) according to § 19 Abs. 1 UStG. Beside the final prices, no further forwarding expenses result. If there is a right of revocation and use is made of this, the customer bears the cost of return.

Terms of payment

The customer only has the following options for payment: payment service provider (PayPal) or credit card. Other payment methods are not offered and will be rejected. If a payment service provider is used, it enables the provider and the customer to process the payment with each other. The payment service provider forwards the customer’s payment to the provider. Further information can be found on the payment service provider’s website. When paying by credit card, the customer must be the cardholder. Payment is due immediately with the order. The customer’s right of retention, which is not based on the same contractual relationship, is excluded. Offsetting against the customer’s claims is excluded unless these are undisputed or have been legally established.

Terms of delivery

The goods will be shipped immediately after receipt of the order and availability. The vendor will either ship the order from its own warehouse as soon as the entire order is in stock or the order will be shipped by the manufacturer as soon as the entire order is in stock. If the supplier is not responsible for a permanent delivery obstacle, in particular force majeure or non-delivery by his own suppliers, although a corresponding covering transaction was made in good time, the supplier has the right to withdraw from a contract with the customer to this extent. The customer will be informed immediately and any services received, in particular payments, will be refunded.

Warranty

If the customer is an entrepreneur, the warranty period for new goods is limited to one year. The supplier is granted the right to choose between repair or replacement if the goods are new and the customer is an entrepreneur. This does not apply to compensation claims of the customer due to injury to life, body, health or essential contractual obligations, which must necessarily be fulfilled to achieve the contractual goal. Likewise, this does not apply to claims for damages following grossly negligent or intentional breach of duty by the provider or its legal representative or vicarious agent. In case of improper use/treatment the warranty expires. This is, among other things, the case if you are exposed to microwave radiation which may impair your function or permanently damage the function. Defective Gizmos due to improper treatment/use are excluded from the warranty. In all other respects the legal regulations apply.

Drafting of contracts

If the customer is an entrepreneur, the risk of accidental loss and/or accidental deterioration of the goods shall pass to the customer upon delivery or, in the case of shipment, upon delivery of the goods to the selected service provider for this purpose. The contract text is stored by the provider. The customer has the following possibility to access the stored contract text: Ordered articles are to be seen over the on-line Shop, which is to be reached over the own account… This area can be found on the following page: The order details can be viewed in the own account of the SocialCloud web service. The customer can correct errors in the input during the order process. To do this, he can proceed as follows: The order is displayed in an overview before it is completed and can be cancelled before the paid order.

Cancellation policy

Right of withdrawal

You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day,

● In the case of a contract of sale: where you or a third party designated by you, other than the carrier, have taken or have taken possession of the last goods.

● In the case of a contract covering several goods ordered by the consumer under a single order and delivered separately: to which you or a third party other than the carrier designated by you have taken possession of the last goods.

● In the case of a contract for the supply of goods in several instalments or pieces: in which you or a third party other than the carrier designated by you took possession of the last instalment or piece.

● In the case of a contract for the regular delivery of goods over a fixed period: when you or a third party other than the carrier designated by you took possession of the first goods.

● If several alternatives meet, the last time is decisive.

● In order to exercise your right of withdrawal, you must inform us (Cloudrebase UG (limited liability)) of your decision to withdraw from this Agreement by means of a clear statement on the Web Service. In order to exercise an effective revocation, you must use the intended function in the interface of the Web Service.

● In order to comply with the revocation period, it is sufficient for you to send notice of the exercise of the right of revocation before the expiry of the revocation period.

Consequences of the revocation

If you revoke this Agreement, we shall repay to you all payments we have received from you immediately and no later than 30 days from the date on which we received notice of your revocation of this Agreement. This refund will be made exclusively to your credit account on the Web Service. In no case will you be charged for this refund. We may refuse to refund until we have received the Goods back or until you have provided evidence that you have returned the Goods, whichever is earlier.

The Buyer shall bear the direct cost of returning the goods.

They shall be liable for any depreciation of the goods only if such depreciation is due to handling of the goods which is not necessary to examine their nature, properties and functionality.

Exclusion or premature expiry of the right of revocation

The right of withdrawal does not apply to contracts for the delivery of goods for the manufacture of which an individual choice or destination by the consumer is decisive or which are clearly tailored to the personal needs of the consumer. As is the case with Gizmos which have been ordered directly from Rebase GmbH, by linking to the respective personal profile or by special designs. For the Gizmos of our partners, the respective terms and conditions of the partner company apply. End of the revocation instruction

Disclaimer

Claims for damages by the customer are excluded, unless otherwise specified for the following reasons. This also applies to the representative and vicarious agents of the supplier if the customer raises claims for damages against these claims. Excluded are claims for damages of the customer due to injury to life, body, health or essential contractual obligations, which must necessarily be fulfilled in order to achieve the contractual goal. Likewise, this does not apply to claims for damages following grossly negligent or intentional breach of duty on the part of the provider or its legal representative or vicarious agent.

The Contractor shall not be liable for damages to software or hardware or pecuniary loss caused by his performance, unless these are based on gross negligence or intent on the part of the Contractor, his vicarious agents or his legal representatives. The contractor shall be liable without limitation for damages to health, body or life. He shall also be liable for the breach of duties which are of particular importance for achieving the purpose of the contract, whereby liability shall be limited to the amount of typically foreseeable errors.

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 justified interest in the assignment or pledge.

Language, place of jurisdiction and applicable law

The contract shall be drawn up in German. The further execution of the contractual relationship shall take place in German. The law of the Federal Republic of Germany applies exclusively. This only applies to consumers insofar as no legal provisions of the state in which the customer has his residence or habitual abode are restricted. 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.

Severability clause

The invalidity of a provision of these GTC shall not affect the validity of the other provisions.

Terms of Use for the SocialCloud Web Service

Last updated: 14.12.2020

Important: Please read the following terms of use carefully before continuing to use the SocialCloud Web Service (hereinafter “Service”). By registering for an account in the SocialCloud web service and accepting these conditions, a license agreement on the use of the service between you (hereinafter “user”) and Rebase GmbH (hereinafter “Rebase”) is concluded. By using the web service, you agree to the following license and terms of use.

§1 Use and Scope of Application

1 [GTC] The following terms of use shall apply in their respective versions in addition to the General Terms and Conditions of Rebase GmbH. These can be called up in the current version via the following link: General Terms and Conditions of Rebase GmbH

2 [Internet connection] The use of the web service requires an existing data connection of the end device, or is this established through the use of these functionalities. The use of the web service is therefore only recommended if a data flat rate is available or in a Wifi network in order to avoid a burden with connection costs.

3 [Right of use] By creating a SocialCloud account in the free basic version, Rebase grants the user the free, non-exclusive, non-transferable right to use the Web Service on a device owned or controlled by him for a limited period of time. If the service is to continue to be available beyond this free period, the account must be topped up with credit from which the current costs for the account can be debited.

4 [Further development] The Web Service is constantly being further developed and new functions and services are therefore offered at regular intervals. Additional functions and services may be or become subject to a charge. In this case Rebase will inform the user of the prices and performance features in advance. The use of the web service for a limited free trial period will be maintained.

5 [Terms of Use] The user is not permitted to copy, distribute or otherwise make available the Web Service to third parties (including renting, leasing, lending or sublicensing). He is not entitled to modify, reverse engineer, decompile, disassemble or otherwise discover the source code of the Web Service or parts thereof, or create derivative works based thereon. However, the provisions of §§ 69d, 69e UrhG remain unaffected.

6 [Terms of Use for Updates] The Terms of Use shall also apply to all updates to the Web Service unless they are the subject of a separate license agreement. In this case, only the provisions of the license terms valid for the respective update shall apply. Rebase reserves all rights to the SocialCloud Web Service.

§2 Technical requirements

1 [System Requirements] To use the SocialCloud web service, a device with Internet access and the latest version of the Mozilla Firefox or Google Chrome web browsers is required. Rebase is not responsible for compliance with system requirements. This is the sole responsibility of the user of the web service. 2. updates] The user agrees that updates of the web service will be carried out automatically.

§3 Obligations to cooperate

1 [Duties of Care] When using the web service, the user must comply with the duties of care necessary for use and check the results generated with the software to an appropriate extent before using them. In particular, he is obliged to regularly back up his data so that they can be restored in the event of loss.

2 [User profile] When registering his user profile, the user is obliged to provide only true, complete and not misleading information and to use his clear name and no pseudonyms or artist names. The user is further obliged to keep the data true and complete with regard to all applications used by him during the entire term of the contract. If the user uses a profile picture in the user profile, he may only use such a photo on which the user is clearly recognizable. The user shall ensure that the public reproduction of the profile picture transmitted by him is permitted under applicable law. The use of photos or images of other or non-existent persons or other beings is prohibited. The user assures that he is of legal age. In the event that the User acts on behalf of a legal entity within the framework of certain applications, the User warrants that he is authorized to act on behalf of the legal entity. Upon request, the user shall provide Rebase with proof of the information assured in accordance with this clause.

3 [Access data] The user is obliged to keep all access data, such as the user name and password, safe and secret. Rebase will not pass on the password to third parties, will only use it for the registration process and will not ask the user for the password at any time. For security reasons and to prevent misuse, the user is strongly advised to change his password at regular intervals. The security and storage of the access data is the exclusive responsibility of the user. The user assumes full responsibility for all actions taken using his access data.

4 [User identity] Rebase cannot technically determine with certainty whether a registered user is actually the person the user claims to be. Rebase therefore does not guarantee the actual identity of a user.

§4 Warranty and liability

1) [Warranty] Rebase does not guarantee that the web service or the contents provided through it are compatible with the hardware and software of the customer’s end device. Furthermore, Rebase does not guarantee that these contents are available at all times or at certain times without restriction or that they meet certain performance and functional requirements. Rebase reserves the right to discontinue the web service in whole or in part, temporarily or permanently.

2 [Liability] Rebase is only liable for material defects and defects of title, regardless of the legal basis, if Rebase has maliciously concealed the respective material defect or defect of title. In addition, Rebase, its legal representatives and vicarious agents shall only be liable for the compensation of any damage incurred due to the provision of the software in the event of wilful or grossly negligent misconduct or in the event of culpably caused damage resulting from injury to life, limb or health. Claims under the Product Liability Act shall remain unaffected.

§5 Data protection [Privacy Policy] The Privacy Policy for the SocialCloud Web Service according to the Data Protection Basic Regulation (DS-GVO), can be found on our Homepage.

§6 Violation of these Terms of Use

1 [Use of the Service] The user undertakes to Rebase to use the Service only for purposes which do not violate these Terms of Use or applicable German, European law, or violate the rights of third parties. If he allows another person to use his account, it is the user’s duty of care to draw attention to these Terms of Use and to monitor compliance with them appropriately.

2 [Blocking access] Rebase may block access to the service if the user violates his obligations under these terms and conditions.

§7 Changes to the Terms of Use Rebase reserves the right to change these terms of use at any time without giving reasons.

§8 Applicable law and place of jurisdiction The substantive law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For users who are not consumers or who do not have a proper place of jurisdiction in Germany, the place of jurisdiction for all disputes arising from or in connection with these Terms of Use shall be Frankfurt am Main (Germany).

§9 Miscellaneous Should individual provisions of these Terms of Use be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.