General Terms and Conditions for the online shop at https://launchbrief.io, operated by
LaunchBrief
Sole proprietor: Alexander Sass
An der Dahme 5
12527 Berlin, Germany
E-mail: info@sassalexander.de
Phone: +49 171 8650727
— hereinafter: Provider —
1. Scope
These General Terms and Conditions (Terms) apply, once incorporated, to all contracts concluded for the purchase of goods, services, or other items (hereinafter: “Goods”) via the online shop at the above URL, in the version valid at the time of conclusion of the contract. These Terms apply exclusively. Deviating terms of the customer do not become part of the contract unless the Provider expressly agrees to them.
2. Conclusion of contract
2.1 The offers in the online shop constitute a non-binding invitation to the visitor to submit an offer to purchase the Goods on offer.
2.2 The Goods are ordered via the online order form on the Provider’s website. After selecting the desired Goods, entering all required information, and completing all other mandatory steps in the order process, the customer may place an order by clicking the order button at the end of the checkout page (Order). By placing an order, the customer makes a binding contractual offer to purchase the selected Goods. The contract is concluded when the Provider accepts the customer’s offer. Acceptance takes place when the Provider confirms the conclusion of the contract in writing or text form (e.g. by e-mail) (Order Confirmation) and the order confirmation reaches the customer; or by delivering the ordered Goods to the customer; or by requesting payment from the customer (e.g. invoice or credit-card payment in the order process) and the payment request reaches the customer. The contract is deemed concluded at the moment one of the alternatives in the first half-sentence first occurs.
2.3 Before submitting a binding order via the Provider’s online order form, the customer can review and correct entries at any time via the usual keyboard, mouse, touch, or other available input functions. In addition, all entries are displayed once more in a confirmation window before the binding submission of the order and can be corrected there as well.
2.4 The Provider will store the contract text after conclusion of the contract and transmit it to the customer in text form (e.g. by e-mail). The Provider does not make the contract text otherwise accessible. If the purchase was made via a customer account on the online shop, the customer can view orders and the associated order data there.
2.5 The following languages are available for concluding the contract: German, English.
3. Right of withdrawal for consumers
Consumers are generally entitled to a right of withdrawal for contracts concluded outside business premises and for distance contracts. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business, or profession. Details can be found in the Withdrawal Instructions, which are made available to every consumer no later than immediately before conclusion of the contract.
4. Payment, default
4.1 The prices listed in the online shop at the time of ordering apply. All prices are stated including statutory VAT plus any applicable shipping costs. The customer is informed about available payment methods in the Provider’s online shop.
4.2 If “advance payment” is agreed, the purchase price is due immediately upon conclusion of the contract.
Small-business note: pursuant to § 19 UStG (German VAT Act, small-business regulation), no VAT is charged or shown. The prices stated in the online shop are total prices. No shipping costs apply for the digital service delivered by e-mail.
5. Retention of title
The purchased Goods remain the property of the Provider until full payment of the purchase price.
6. Delivery and reservation of self-supply
6.1 Subject to differing agreements, delivery takes place within the delivery time stated in the online shop to the delivery address provided by the customer. The applicable delivery times can be found in the online shop.
6.2 Self-collection of purchased Goods is excluded.
6.3 If the Provider is unable to deliver the ordered Goods because the Provider itself has not been supplied through no fault of its own, despite having concluded a congruent cover transaction with a reliable supplier in good time, the Provider shall be released from its obligation to perform and may withdraw from the contract. The Provider is obliged to inform the customer immediately of the impossibility of performance. Any consideration already provided by the contractual partner shall be refunded without delay. Mandatory consumer rights remain unaffected by this paragraph.
Digital-service note: the ordered GTM Brief is delivered digitally by e-mail to the address provided by the customer. No physical delivery address is required.
7. Warranty
The statutory provisions on warranty for defects apply.
8. Liability and indemnification
8.1 The Provider has unlimited liability:
- for damage arising from injury to life, body, or health resulting from an intentional or negligent breach of duty by the Provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the Provider;
- for damage resulting from an intentional or grossly negligent breach of duty by the Provider or an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the Provider;
- on the basis of a guarantee, unless otherwise provided for;
- on the basis of mandatory liability (e.g. under the German Product Liability Act).
8.2 If the Provider negligently breaches a material contractual duty, liability is limited to the typical foreseeable damage, unless unlimited liability applies under the preceding paragraph. Material contractual duties are duties imposed on the Provider by the contract for the achievement of its purpose, the fulfilment of which makes proper performance of the contract possible in the first place and which the customer may regularly rely on being observed.
8.3 Otherwise, liability of the Provider and of its vicarious agents and legal representatives is excluded.
8.4 The customer indemnifies the Provider against all third-party claims – including the costs of legal defence in the statutory amount – asserted against the Provider as a result of unlawful or contract-breaching actions by the customer.
9. Data protection
The Provider treats the personal data of its customers confidentially and in accordance with statutory data-protection provisions. Details can be found in the Provider’s Privacy Policy.
10. Final provisions
10.1 The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods, insofar as this choice of law does not deprive a consumer with habitual residence in the EU of mandatory legal provisions of the law of their state of residence.
10.2 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 seat has jurisdiction, unless an exclusive place of jurisdiction is established for the dispute. The same applies if the customer has no place of residence within the European Union. The seat of our business can be found in the header of these Terms.
10.3 Should a provision of this contract be or become invalid or unenforceable, the remaining provisions of this contract shall remain unaffected.
11. Online dispute resolution / consumer arbitration
The Provider is not willing or obliged to participate in dispute-resolution proceedings before a consumer arbitration board.
Our e-mail address can be found in the header of these Terms.
Terms generated using the eRecht24 Terms Generator.