General terms and conditions of business
General terms and conditions of
Wiebke Plückhahn - Stats Ninja (nachfolgend Anbieter)
Taunusstraße 44e
65719 Hofheim
Germany
Telefon: +49 6122 7074375
E-Mail: wiebke@stats-ninja.com
Website: www.stats-ninja.com
§1 General, validity and applicable law
1. the following general terms and conditions of delivery and business (hereinafter referred to as GTC) apply to all orders, offers, consultations, deliveries, services and contracts concluded by the provider.
2. by concluding a contract, making a booking or placing an order, the customer (nevertheless applicable to all genders) recognizes these GTC as binding, regardless of whether the customer actually takes note of them. The GTC shall also apply to all future orders, offers, deliveries, services and contracts of the Provider with the Customer, unless expressly agreed otherwise.
3. the GTC shall take precedence over any terms and conditions of the customer. Conflicting terms and conditions of the customer shall not become part of the contract, even without express objection, unless the provider agrees to them in text form in individual cases.
4. the customer assures that he/she has full legal capacity or the consent of his/her legal representative at the time the contract is concluded.
5. the GTC shall apply in the version valid at the time of conclusion of the contract.
6. the contract language is German.
7. the law of the Federal Republic of Germany shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods, including for deliveries abroad.
8. place of performance and jurisdiction is the domicile of the supplier. The sole place of jurisdiction for orders from merchants, legal entities under public law or special funds under public law is the registered office of the provider.
9. collateral agreements to the contract, additions or amendments to the GTC must be made in text form in order to be legally effective.
10. any invalidity or ineffectiveness of one or more provisions of these GTC shall not affect the validity of the remaining provisionsl The parties undertake to replace the invalid provision with a valid provision that comes closest to the intended provision in economic and legal terms.
11 The services offered by the Provider include, in particular, statistical consulting, the creation of evaluations, the delivery of syntaxes and the administration of data surveys (hereinafter referred to as the "Services").
§2 Commencement of the contract
1. the customer's order in the Stats Ninja online store (www.stats-ninja.com/warenkorbseite) represents an offer to the provider to conclude a contract. The customer submits a binding offer when he has gone through the online ordering process by entering the information requested there and clicks on the button "order with obligation to pay" in the last order step (depending on the payment method, the button may also have the label "buy", "pay" or "order with obligation to pay").
2. the respective contract between the provider and the customer is only concluded by a declaration of acceptance by the provider. This takes place on the earlier of the two dates, either provision or delivery of the service or sending a declaration of acceptance or order confirmation (in particular by e-mail). The confirmation of receipt of the customer's order does not constitute a declaration of acceptance in the aforementioned sense.
3. the customer is advised that the provision of the agreed services does not involve the achievement of any personal, economic, commercial or other success.
4. the customer agrees to receive invoices and services electronically. Electronic invoices are made available by e-mail or in the customer account on the provider's website.
§3 Subsequent adjustment of the offer
1. after conclusion of the contract, the customer shall receive a form for the specific adjustment of services. If it transpires after the form has been returned or at a later point in time during the provision of the service that the information provided by the customer when placing the order was inadequate and the scope of the service is higher, the provider reserves the right to subsequently charge for additional expenses. The customer shall be informed of this in writing before the additional work is carried out and shall receive a binding offer for the order adjustment. The contract for the additional work to be performed in addition to the service already paid for is concluded when the customer accepts the offer. This is done either in writing (in particular by e-mail) or by accepting the offer via the web portal.
2. the provider shall not proceed with the provision of the service until the customer has accepted or rejected the offer. If the customer rejects the offer, he shall only receive the service originally booked.
3. all service agreements and requests for payment must be made in writing; no verbal collateral agreements are concluded.
4. the same applies to the subsequent ordering of additional images and further service adjustments.
§4 Order productions and revocation
1. insofar as the provider prepares cost estimates, these are non-binding. If cost increases for additional expenditure occur during production, these shall only be notified by the provider if it becomes apparent that the originally estimated total costs are likely to be exceeded by more than 10%. If the scope of services is exceeded for reasons for which the provider is not responsible, the customer shall pay additional remuneration on the basis of a reasonable increase in the remuneration for services.
2. adaptations, concepts or follow-up services commissioned by the customer are independent services that are to be remunerated.
3. The Provider shall be entitled to commission services from third parties in the name and with the authorization of and for the account of the Customer, provided that they comply with the same data protection and confidentiality standards.
4. The Provider shall provide the Customer with the services ordered within six weeks of the order being placed.
5. if the provider has not received any written notification of defects within two weeks of delivery of the service, the service shall be deemed to have been accepted in accordance with the contract and free of defects.
6. the terms and conditions of revocation and cancellation apply, which can be viewed at www.stats-ninja.com/widerrufsrecht.
§5 Consultation appointments
1. if there are delays, internet connection problems or technical difficulties with the communication platform during online consultation appointments on the part of the provider, the booked, paid and missed time will be made up at a later date. The customer will not incur any additional costs as a result.
2. if there are delays, internet connection problems or technical difficulties with the communication platform during online consultation appointments on the part of the customer, the missed time will only be made up if the customer remunerates the provider for the missed time in accordance with the agreed hourly rate.
§6 Rights of use to the services, prohibition on passing on services, contractual penalty and compensation for damages
1. the GTC shall apply to any material provided to the customer, regardless of the creative stage or technical form in which it exists. They also apply in particular to electronic or digitally transmitted material.
2. by providing or delivering the services, the customer receives a simple right of use to these exclusively for his own purposes. In particular, the customer is strictly prohibited from using the services commercially in any way or making them available to third parties in any way whatsoever.
3. if the provider provides the customer with material solely for the purpose of checking whether it can be used, the customer must delete the material within one month of receipt at the latest. An extension of this period shall only be effective if it has been confirmed in writing by the Provider. This material is also subject to the prohibition on disclosure.
4. if the customer breaches the aforementioned obligations, he shall be obliged to pay an appropriate contractual penalty, the amount of which shall be determined by the provider and the appropriateness of which shall be subject to judicial review (cf. § 343 BGB). All other claims of the provider, in particular for damages and injunctive relief, shall remain unaffected. The contractual penalty shall be offset against any claim for damages.
§7 Prices and terms of payment
1. the prices quoted by the provider are to be paid to the provider in advance without deduction.
2. the customer can pay for the services using the following payment methods
o Credit/debit cards
o PayPal
o Apple Pay
o Google Pay
o Instant bank transfer
§8 Liability
1. if the provider is unable to meet a service deadline due to force majeure, strike, war, riot or operational disruption through no fault of its own or plant closure or pandemics, no claims for damages shall arise.
2. the provider undertakes to provide services to the best of its knowledge and belief. However, the provider cannot be held liable for the correctness of the use of the service, the appropriate implementation of the recommendations made by the customer, or the expected results. In particular, the provider cannot be held liable for the appropriateness, quality and completeness of the service if an assessment is made by a third party.
3. insofar as damage to the customer was caused by slight negligence, the provider shall have limited liability: Liability exists in this respect only in the event of a breach of material contractual obligations and is limited in amount to the typical damages foreseeable at the time of conclusion of the contract. Essential contractual obligations are those whose fulfillment is essential for the proper execution of the contract and on whose compliance the contractual partner regularly relies and may rely.
4. in the event of demonstrable damage caused by delay, the provider shall be liable to a maximum of 5% of the agreed price (upper limit), provided that the damage caused by delay was caused by slight negligence on the part of the provider. If the customer has suffered a lower damage caused by delay, he can only claim this from the provider.
5. the limitation of liability is excluded if the provider fraudulently conceals a defect, in the case of injury to life, limb or health, insofar as an injury was caused intentionally or through gross negligence and in the case of liability under the Product Liability Act.
6. the provider shall not be liable to the customer for damages incurred due to the breach of any agreed obligation to cooperate. All data and information relevant to the provision of the service must be handed over to the provider.
7. the customer shall bear sole responsibility for the wording of the service and the context resulting from the specific presentation.
8. from the time of proper delivery, the customer shall be responsible for its proper use. The provider is not responsible for the use of the service or any consequences thereof.
9. the provider is not liable for the existence and/or the possibility of a renewed delivery of the service.
§9 Offsetting and right of retention
1. the customer shall only be entitled to set-off if the customer's counterclaim has been legally established or has not been disputed by the provider.
2. the customer may only exercise a right of retention if their counterclaim is based on the same contractual relationship.
§10 Data protection
1. insofar as personal data (e.g. name, address, e-mail address) is collected, the provider must comply with all obligations under data protection law. The provider undertakes not to pass on any personal data to third parties unless the customer has given his prior consent.
2. the customer is advised that the transmission of data on the Internet (e.g. by e-mail) may be subject to security vulnerabilities. Accordingly, error-free and trouble-free protection of third-party data cannot be fully guaranteed. The liability of the provider in this respect is excluded.
3. The customer has the right to receive information from the provider at any time, in full and free of charge, about the data relating to the customer.
4. there is a right to correction/deletion of data/restriction of the processing of data on the part of the customer.
5. further information on data protection can be found in the separate data protection declaration at www.stats-ninja.com/datenschutz.
§11 Final provisions
1. the provider reserves the right to make changes to its website, regulations, terms and conditions, including these GTC, at any time. The contractual relationship with the customer shall be governed by the provisions in force at the time of an order, unless a change to these terms and conditions is required by law or official order (in which case they shall also apply to orders placed previously).
Status 01/2024