General terms and conditions and customer information

I. General terms and conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to all contracts that you conclude with us as a provider (Einfach Elterngeld GmbH) via the website www.einfach-elterngeld.de or via other means of distance communication. Unless otherwise agreed, the inclusion of any terms and conditions of your own use is contradicted.

(2) Consumer in the sense of the following regulations is any natural person who concludes a legal transaction for purposes which can predominantly be attributed neither to his commercial nor his self-employed professional activity. Entrepreneur is any natural or legal person or a partnership with legal capacity, which acts in the exercise of its independent professional or commercial activity when concluding a legal transaction.

§ 2 Occurrence of the contract

(1) Subject of the contract is the provision of services (provision of software for use after login in the customer account, consulting services).

(2) Already with the listing of the respective service offer on our website, we submit to you a binding offer to conclude a contract via the online ordering system to the conditions stated in the service description.

(3) The contract is concluded via the online ordering system as follows:
You can select the desired service via the corresponding button in the navigation bar and call up the online order form via the "Register now" or "Profit now" button. In the order form the input of your personal data as well as the terms of payment takes place. Finally, all order data is displayed here as an order overview.
Before submitting your order you have the possibility to check, change or cancel all details here.
By sending the order via the button "Order now" you declare the legally binding acceptance of the offer, whereby the contract arises.

(4) Your enquiries regarding the booking of services or the preparation of an offer are non-binding. We will submit a binding offer to you in text form (e.g. by e-mail), which you can accept within 5 days (unless otherwise stated in the respective offer).

(5) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have provided is correct, the receipt of the e-mails is technically ensured and in particular is not prevented by SPAM filters.

§ 3 User License

The provided software is protected by copyright. You will receive a license from us. The scope of the license of use results from the description of services in the respective offer.

§ 4 Service Provision

(1) We owe the individual services resulting from the description of services in the respective offer. We provide these to the best of our knowledge and belief either personally or through third parties.

(2) You are obliged to cooperate if we need to be provided with further information to be able to fulfil the service.

(3) The provision of the software (activation in the customer account) takes place immediately after the conclusion of the contract (with agreed advance payment after the time of your payment instruction).

(4) In the case of consulting services, the provision of services shall take place on the agreed dates or within the agreed deadlines.

§ 5 Special agreements on offered payment methods

SEPA direct debit (basic direct debit)
In the case of payment by SEPA direct debit, you authorise us to debit the invoice amount from the specified account by issuing a corresponding SEPA mandate.
The collection of the direct debit takes place within 5 - 10 days after the contract has been concluded.
The pre-notification deadline is reduced to 5 days before the due date. You are required to ensure sufficient coverage of the account on the due date. In case of a return debit due to your fault, you have to bear the applicable bank fee.

§ 6 Right of Retention

You can only exercise a right of retention if the claims are based on the same contractual relationship.

§ 7 Choice of law, place of performance, place of jurisdiction

(1) German law applies. This choice of law shall only apply to consumers to the extent that the protection afforded by mandatory provisions of the law of the country of the consumer's habitual residence is not thereby withdrawn ( Favourability Principle).

(2) The place of fulfillment for all services arising from the business relationships existing with us as well as place of jurisdiction is our registered office, as far as you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or the place of residence or habitual residence is not known at the time the complaint is filed. The right to call the court at another statutory place of jurisdiction remains unaffected.

(3) The provisions of the UN-Sales Law expressly do not apply.

II. Customer Information

1. Identity of the provider

Einfach Elterngeld GmbH
Pennricher Straße 31
01157 Dresden
Germany
Telephone: 0351 799 938 50
E-Mail: kontakt@einfach-elterngeld.de

Alternative dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.

2. Information on the occurrence of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction possibilities shall be carried out in accordance with the provision "Occurrence of the contract" of our General Terms and Conditions (Part I).

3. Contract language, contract text storage

3.1. The contract language is German.

3.2. The complete contract text is not stored by us. Before sending the order via the online ordering system, the contract data can be printed or electronically saved via the browser's print function. After the order has been received by us, the order data, the legally prescribed information for distance selling contracts and the General Terms and Conditions will be sent to you once again by e-mail.

3.3. If you request an offer outside the online ordering system, you will receive all contract data in text form as part of a binding offer, e.g. by e-mail, which you can print out or save electronically.

4. Codes of conduct

We have submitted ourselves to the buyer's seal quality criteria of the Händlerbund Management AG and, therefore, to the Ecommerce Europe Trustmark Code of Conduct, which can be viewed at: https://www.haendlerbund.de/images/content/kaeufersiegel/kaeufersiegel-qualitatskriterien.pdf and https://www.ecommercetrustmark.eu/the-code-of-conduct/

5. Essential features of the service

The essential features of the service can be found in the respective offer.

6. Prices and payment methods

6.1. The prices quoted in the respective offers represent total prices. They include all price components including all applicable taxes. Shipping costs do not apply.

6.2. You have the following payment options, unless otherwise stated in the online order process or in the respective offer:

  • Payment by PayPal
  • Payment by credit card (via Stripe)
  • Immediate payment (via Stripe)
  • Payment via SEPA Direct Debit Mandate (via Stripe)

6.3. Unless stated otherwise in the online ordering process, in the respective offer or in the invoice, the payment claims from the concluded contract are due for payment immediately. When paying by credit card, your credit card account will be charged upon conclusion of the contract.

7. Legal liability for defects

The statutory rights of liability for defects apply.

These general terms and conditions and customer information were prepared by the lawyers of the Dealer Association who specialise in IT law. The Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. Further information can be found at: https://www.haendlerbund.de/en/services/legal-texts.

last update: 05.03.2019