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General terms and conditions with customer information
Table of contents
1. scope of application
2. subject matter of the contract
3. conclusion of contract
4. remuneration
5. service disruptions
6 Applicable law
7 Alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter "GTC") of Jens Grünberg, trading as "Jens Grünberg" (hereinafter "Agent"), apply to all contracts for the brokerage of contracts (hereinafter "Main Contract") that a consumer or entrepreneur (hereinafter "Customer") concludes with the Agent via the Agent's website. The inclusion of the Customer's own terms and conditions is hereby rejected, unless otherwise agreed.
1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Subject matter of the contract
The subject of the contract between the customer and the agent regulated in these GTC is the brokerage of contracts concluded between the customer and a third-party provider (hereinafter "provider"). The content of the main contract results from the respective article or service description on the website of the respective provider. The agent's obligation to perform is limited to directing the customer to the respective provider's offer via its website. The agent does not become a party to the main contract and does not accept any declarations of intent relating to the main contract. Furthermore, the agent does not guarantee that a contract will actually be concluded between the customer and the provider. The fulfillment of the main contract is not carried out by the agent, but by the respective provider. The main contract shall be governed by the statutory provisions in the relationship between the customer and the provider and, where applicable, by any deviating contractual terms and conditions of the respective provider.
3) Conclusion of contract
3.1 The Agent provides the Customer with various advertising materials on its website, via which the Customer is directed to the offers of the respective providers. The provision of these advertising materials constitutes a binding offer by the agent to conclude a brokerage contract, which the customer can accept.
3.2 The text of the contract with regard to the brokerage is neither stored by the broker nor is it accessible to the customer after submission of his contractual declaration.
3.3 Only the German language is available for the conclusion of the contract.
4) Remuneration
The brokerage of the main contract is free of charge for the customer. Any costs incurred by the customer as a result of the brokered main contract shall be communicated to the customer in the offer of the respective provider and, in the event of a contract being concluded, shall be settled directly by the provider with the customer. In this respect, the statutory provisions apply in the relationship between the customer and the provider as well as any deviating contractual conditions of the respective provider.
5) Performance disruptions
5.1 The Agent shall be liable to the Customer in accordance with the statutory provisions for defaults in connection with the brokerage of contracts between the Agent and the Customer.
5.2 The Agent shall not be liable for service disruptions in the main contract between the Customer and the Provider. The customer must assert claims due to service disruptions in the main contract directly against the respective provider.
6) Applicable law
The law of the Federal Republic of Germany shall apply to all legal relationships between the parties. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has his habitual residence is not withdrawn.
7) Alternative dispute resolution
7.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
7.2 The Agent is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
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