General Terms and Conditions
for the online shop at https://resumify-ai.com
by
B.AI Solutions UG
Kolonnenstr. 8
10827 Berlin
Email: info@resumify-ai.com
(hereinafter referred to as the Provider)
for the sale of products to consumers
(hereinafter referred to as Customers)
Scope
The sale of the Provider’s products, which are offered through the online shop at the URL mentioned above, is exclusively based on the following General Terms and Conditions (GTC) in the version valid at the time of the conclusion of the contract.
The present GTC apply exclusively. Deviating terms and conditions of the Customer do not apply unless the Provider and the Customer have expressly agreed otherwise.
Unless otherwise agreed, the present GTC also apply to the following contracts:
Provision of digital content
Definitions, Limitation
A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to their commercial or independent professional activity.
The subject matter of the contract is – depending on the Provider's product description – the one-time delivery and/or permanent delivery (subscription contract) of digital content.
In the case of a subscription contract, the Provider is obligated to deliver the contractually owed digital content to the Customer for the duration of the agreed contract term at the contractually owed intervals.
Conclusion of Contract
The offers on the Provider’s website constitute a non-binding invitation to the Customer to order products (services/digital content). By submitting the order (clicking the "Buy" button) on the Provider’s website, the Customer submits a binding offer to conclude a contract.
The confirmation of receipt of the order follows immediately after the order is sent but does not yet constitute an acceptance of the contract. The Provider may declare acceptance within five days by sending a written order confirmation or an order confirmation in text form (fax or email), with the receipt of the order confirmation by the Customer being decisive, or by delivering the ordered goods, with the receipt of the goods by the Customer being decisive, or by requesting payment from the Customer after the order has been placed. If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. If the Provider does not declare acceptance within the aforementioned period, this shall be deemed a rejection with the consequence that the Customer is no longer bound by their offer.
For the sale of digital content that is not delivered on a physical data carrier, the contract is accepted, deviating from the previous paragraph, without prior confirmation email. The Provider can declare acceptance within five days by sending a written order confirmation or an order confirmation in text form (fax or email), with the receipt of the order confirmation by the Customer being decisive, or by enabling the Customer to download the digital content or by requesting payment from the Customer after the order has been placed. If several of the aforementioned alternatives apply, the contract is concluded at the time when one of the aforementioned alternatives occurs first. If the Provider does not declare acceptance within the aforementioned period, this shall be deemed a rejection with the consequence that the Customer is no longer bound by their offer.
When submitting an offer via the Provider's online order form, the contract text is stored by the Provider and sent to the Customer after submitting their order, together with the present GTC, in text form (e.g., email, fax, or letter).
Before the binding submission of the order via the Provider's online order form, the Customer can continuously correct their entries using the usual keyboard and mouse functions. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard and mouse functions.
The contract languages available are German, English, and Turkish.
Special Provisions for the Sale of Digital Content
Digital content within the meaning of these GTC are data created and provided in digital form.
The subject of the contract for the provision of digital content is the granting of a simple, unlimited, non-transferable usage right to the digital content. The Customer is not entitled to physically or electronically reproduce the provided digital content and/or pass copies to third parties. Unless otherwise agreed, the provision of digital content is exclusively for private use, so commercial exploitation is prohibited without express permission. The transfer of usage rights only takes place after full payment of the contractually owed remuneration. If the Provider makes the digital content available to the Customer before this point in time, this does not imply the transfer of usage rights.
Redeeming Promotional Vouchers
Vouchers issued by the Provider free of charge as part of promotional campaigns with a specific validity period, which the Customer cannot purchase (hereinafter referred to as "Promotional Vouchers"), can only be redeemed on the Provider's website under the applicable conditions.
Promotional vouchers can only be redeemed by consumers.
Individual products may be excluded from the voucher promotion if a corresponding restriction arises from the content of the promotional voucher.
If the value of the promotional voucher is insufficient to cover the order, the remaining amount can be paid using one of the other payment methods provided by the Provider.
The promotional voucher will not be refunded if the Customer returns goods paid for in whole or in part with the promotional voucher under their statutory right of withdrawal.
The promotional voucher is transferable. The Provider can perform with discharging effect to the respective holder who redeems the promotional voucher. This does not apply if the Provider is aware of or grossly negligent of the holder's lack of entitlement, legal incapacity, or lack of authority.
Payment
The prices listed on the Provider's website at the time of the order apply. All prices include statutory VAT.
The payment methods available on the Provider's website are applicable.
In the case of subscription contracts, the purchase price for permanently supplied goods is due for payment in advance for the respective agreed delivery interval. The respective payment options for the subscription are communicated to the Customer on the Provider’s website. When selecting direct debit and granting a corresponding direct debit mandate, the due amounts are debited from the Customer’s bank account at the beginning of the new delivery interval. If the direct debit is not honored due to insufficient funds or the provision of incorrect bank details, or if the Customer objects to the debit, even though they are not entitled to do so, the Customer must bear the fees incurred by the reversal of the respective credit institution, provided they are responsible for this.
If the Customer defaults on payment, the Provider is entitled to charge interest on arrears at a rate of five percentage points above the base rate of the European Central Bank. If the Provider claims further damages caused by default, the Customer has the option of proving that the claimed default damages did not occur or occurred to a lesser extent.
Delivery
Digital content is provided to the Customer as follows:
by download
by direct access via the entrepreneur's website
Warranty
The statutory warranty for defects applies. However, the following applies to contracts for the delivery of goods:
If the Customer acts as a consumer, the limitation period for claims for defects is one year from the delivery of the goods, provided this has been expressly and separately agreed between the parties, and the Customer has been specifically informed of the shortening of the limitation period before submitting their contract declaration.
The above limitations on liability and shortening of periods do not apply
to claims for damages and reimbursement of expenses by the Customer
if the Provider has fraudulently concealed the defect
for goods that have been used for a building in accordance with their customary use and have caused its defectiveness
for any existing obligation of the Provider to provide updates for digital products
Liability
The Provider is liable to the Customer for all contractual, quasi-contractual, and statutory claims, including tortious claims for damages and reimbursement of expenses, as follows:
- The Provider is fully liable for any legal reason in cases of intent or gross negligence, for intentional or negligent injury to life, body, or health, based on a guarantee promise, unless otherwise regulated, or based on mandatory liability, such as under the Product Liability Act.
- If the Provider negligently breaches a material contractual obligation, the liability is limited to the foreseeable damage typical of the contract, unless unlimited liability applies under the previous section. Material contractual obligations are obligations that the contract imposes on the Provider according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the Customer may regularly rely.
Otherwise, the Provider’s liability is excluded.
The above liability regulations also apply to the liability of the Provider for its vicarious agents and legal representatives.
The Customer indemnifies the Provider against any claims by third parties – including the costs of legal defense to the legally prescribed extent – that are asserted against the Provider due to illegal or contractual violations by the Customer.
Right of Withdrawal
When you take out a subscription, you get isntant access to all services offered on the website. The use of these services generates digital products. You can download and use these digital produts directly on your computer. Since you agree to the immediate provision of the services and the associated digital products when you subscribe, the right of withdrawal does not apply. The subscription will automatically renew for a period of four weeks at a cost of 9,99$ (rates and fees may vary by country)
Information on Online Dispute Resolution / Consumer Arbitration
The EU Commission provides a platform for online dispute resolution at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer. The Provider is neither willing nor obligated to participate in a consumer arbitration procedure under the VSBG.
Final Provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
If the Customer is a merchant, a legal entity under public law, or a special fund under public law, the court at the Provider's registered office shall have jurisdiction, provided that an exclusive place of jurisdiction is not established for the dispute. This also applies if the Customer has no domicile within the European Union. The Provider's registered office is stated in the header of these GTC.
If any provision of this contract is invalid or unenforceable, the remaining provisions of this contract shall remain unaffected.
Date: 01.08.2024
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