Terms and Conditions and Customer Information

General Terms and Conditions and Customer Information

I. General Terms and Conditions

§ 1 Fundamental Provisions

(1) The following terms and conditions apply to contracts that you conclude with us as the provider (Roxanne Klay) via the website www.base2cloud.de. Unless otherwise agreed, the inclusion of any of your own terms and conditions used by you is objected to.

(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed professional activities. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their self-employed professional or commercial activity.

§ 2 Accessibility

(1) Pursuant to § 14 para. 1 no. 2 in conjunction with Annex 3 no. 1 BFSG, we inform you about how our internet presence or our service in electronic business transactions meets the accessibility requirements of the relevant regulation (BFSGV). This information can be accessed via a separate, appropriately labeled button (e.g., "Accessibility Statement" or similar designation) on our website and includes, in particular, the following points:
  • a description of the applicable accessibility requirements;
  • a general description of the service in an accessible format;
  • descriptions and explanations necessary for understanding the provision of the service;
  • a description of how the service meets the relevant accessibility requirements.
(2) The contact details of the competent market surveillance authority are as follows:
 
Market Surveillance Authority of the States for the Accessibility of Products and Services - Public Law Institution (MLBF AöR)
Carl-Miller-Str. 6
39112 Magdeburg
Phone: +49 391 567 6970
Email: kontakt@mlbf-barrierefrei.de
 
(3) We may use Artificial Intelligence (AI) and special tools to implement the accessibility requirements on our website. This is intended to take into account a variety of possible disabilities, including visual, auditory, physical, speech, cognitive, and neurological impairments. Further details can be found under the separate, appropriately labeled button mentioned in paragraph 1 on our website.

(4) Our internet presence or our service in electronic business transactions is accessible if it is discoverable, accessible, and usable for people with disabilities in the generally customary manner, without particular difficulty, and generally without external assistance.

(5) Measures for implementing accessibility requirements include, for example, clearly recognizable font sizes and sufficient color contrasts, navigability by mouse and keyboard, alternative texts for images, subtitles and audio descriptions in videos (where videos are embedded on the website), easily readable and understandable language, compatibility with all common screen readers, adaptable display options for various end devices (smartphones, tablets, desktop computers, etc.).

§ 3 Conclusion of the Contract

(1) The subject of the contract is the sale of goods .

(2) By placing the respective product on our website, we already make a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description. 

(3) The contract is concluded via the online shopping cart system as follows:
The goods intended for purchase are placed in the "shopping cart". You can access the "shopping cart" via the corresponding button in the navigation bar and make changes there at any time.
After clicking the button "Checkout" or "Proceed to Order"  (or similar designation) and entering personal data as well as payment and shipping conditions, the order data will finally be displayed as an order overview.

If you use an instant payment system (e.g., PayPal (Express/Plus/Checkout), Amazon Pay, Sofort) as the payment method, you will either be directed to the order overview page in our online shop or to the website of the instant payment system provider.
If a redirection to the respective instant payment system occurs, you will make the corresponding selection or entry of your data there. Finally, the order data will be displayed as an order overview on the website of the instant payment system provider or after you have been redirected back to our online shop.

Before submitting the order, you have the opportunity to review the information in the order overview again, change it (also via the "back" function of the internet browser) or cancel the order.
By submitting the order via the corresponding button ("order with obligation to pay", "buy" / "buy now", "order with costs", "pay" / "pay now" or similar designation), you legally declare your acceptance of the offer, thereby concluding the contract.
 
(4) Your inquiries for the creation of an offer are non-binding for you. We will submit a binding offer to you in text form (e.g., via e-mail), which you can accept within 5 days (unless a different deadline is stated in the respective offer).

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

§ 4 Customized Goods

(1) You provide us with the suitable information, texts, or files required for the individual design of the goods via the online ordering system or by e-mail immediately after the conclusion of the contract at the latest. Our specifications for file formats must be observed.
 
(2) You undertake not to transmit any data whose content infringes third-party rights (in particular copyrights, name rights, trademark rights) or violates existing laws. You expressly indemnify us from all claims asserted by third parties in this context. This also applies to the costs of necessary legal representation in this context.
 
(3) We do not check the transmitted data for content accuracy and therefore assume no liability for errors.

§ 5 Special agreements on offered payment methods

(1) Payment via Klarna
In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; “Klarna”), we offer the following payment options. Payment is made to Klarna in each case:
  • Direct Debit (“Pay Now”)
  • Credit Card ("Pay Now")
  • Instant bank transfer (“Pay Now”)
The use of invoice and/or installment purchase and/or direct debit payment methods requires a positive credit check. In this respect, we forward your data to Klarna during the initiation and processing of the purchase contract for the purpose of address and credit assessment. Please understand that we can only offer you those payment methods that are permissible based on the results of the credit check.

Further information on Klarna and Klarna's terms of use for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user and https://www.klarna.com/de/.

Further information on Klarna and Klarna's terms of use for Austria can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/user and https://www.klarna.com/at/.
 
(2) Payment via "PayPal" / "PayPal Checkout"
If you select a payment method offered via "PayPal" / "PayPal Checkout", payment processing will be handled by the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; "PayPal"). The individual payment methods via "PayPal" will be displayed to you under a correspondingly labelled button on our website and during the online ordering process. "PayPal" may use other payment services for payment processing; if special payment conditions apply to these, you will be informed of them separately. Further information on "PayPal" can be found at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

§ 6 Provision of services for vouchers (voucher conditions)

(1) Unless otherwise stated in the offer or on the voucher, we are the issuer of the voucher. Our name and address can be found in our contact details in the imprint.

(2) Purchased vouchers entitle you to redeem the credit recorded on the voucher within the validity period. Vouchers can only be redeemed in our online shop at www.base2cloud.de or, if specified, in our local shop. The service description and the redemption conditions described therein at the time of purchase of the voucher apply.

(3) The validity period of the voucher is 3 years from purchase to the end of the calendar year, unless a different validity period is indicated in the respective offer.

(4) The prerequisite for redeeming a voucher is the full payment of the purchase price for the voucher. The voucher must be redeemed during the electronic ordering process on our website by entering the voucher code in the designated input field. Subsequent offsetting is excluded. Any remaining credit will remain on the voucher and can be used for further orders.

(5) Only one voucher can be redeemed per order.

(6) After the expiry of the revocation period or the extinction of the right of revocation for consumers, no refund or exchange will be made. Payouts / partial payouts of voucher amounts are not possible. No interest will be paid on the voucher credit. If the statutory right of revocation is exercised for goods or services paid for with the voucher, the voucher amount included in the purchase price will be credited exclusively as a voucher. Unless otherwise stated, the validity period of the credited voucher corresponds to the validity period of the voucher used for the order.

(7) The transfer or assignment of the voucher is permitted.

§ 7 Right of retention, retention of title

(1) You can only exercise a right of retention if it concerns claims from the same contractual relationship.

(2) The goods remain our property until full payment of the purchase price.

(3) If you are an entrepreneur, the following applies in addition:

a) We reserve title to the goods until all claims from the current business relationship have been settled in full. Pledging or transfer of ownership by way of security is not permitted before ownership of the reserved goods passes.

b) You may resell the goods in the ordinary course of business. In this case, you hereby assign to us all claims in the amount of the invoice amount that arise from the resale; we accept the assignment. You remain authorised to collect the claim. However, if you do not properly meet your payment obligations, we reserve the right to collect the claim ourselves.

c) In the event of combination and mixing of the reserved goods, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.

d) We undertake to release the securities due to us at your request to the extent that the realisable value of our securities exceeds the claim to be secured by more than 10%. The selection of the securities to be released is our responsibility.

§ 8 Warranty

(1) Statutory liability rights for defects apply.

(2) As a consumer, you are requested to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to notify us and the carrier of any complaints as quickly as possible. Failure to do so will not affect your statutory warranty claims.

(3) If a characteristic of the goods deviates from the objective requirements, the deviation is only deemed to have been agreed if you were informed of it by us before submitting your contractual declaration and the deviation was expressly and separately agreed between the contracting parties.

(4) If you are an entrepreneur, the following applies deviating from the aforementioned warranty regulations:

a)  Only our own information and the manufacturer's product description are deemed to be agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.

b)  In the event of defects, we will provide a warranty, at our discretion, by repair or replacement delivery. If the rectification of defects fails, you can, at your option, demand a reduction in price or withdraw from the contract. The rectification of defects is deemed to have failed after the second unsuccessful attempt, unless something else arises from the nature of the goods or the defect or other circumstances. In the event of repair, we do not have to bear the increased costs incurred by moving the goods to a location other than the place of performance, unless the moving corresponds to the intended use of the goods.

c)  The warranty period is one year from delivery of the goods. The shortening of the period does not apply:

- for damages culpably caused by us resulting from injury to life, body or health and for other damages caused intentionally or by gross negligence;
- insofar as we have fraudulently concealed the defect or have given a guarantee for the quality of the item;
- for items that have been used for a building in accordance with their usual use and have caused its defectiveness;
- for statutory rights of recourse that you have against us in connection with defect rights.

§ 9 Choice of Law

(1) German law applies. For consumers, this choice of law only applies insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (principle of favourability).

(2) The provisions of the UN Convention on Contracts for the International Sale of Goods expressly do not apply.




II. Customer Information

1. Identity of the seller

Roxanne Klay
Amorbacher Straße 30
68549 Ilvesheim
Germany
Phone: +49 32 222065890
Email: info@base2cloud.de


We are not willing and not obliged to participate in dispute resolution proceedings before consumer arbitration boards.

2. Information on the conclusion of the contract

The technical steps for concluding the contract, the conclusion of the contract itself and the correction options are carried out in accordance with the regulations "Conclusion 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 submitting the order via the online shopping cart system, the contract data can be printed out using the browser's print function or saved electronically. After we receive the order, the order data, the legally required information for distance contracts and the General Terms and Conditions will be sent to you again by e-mail.

3.3. For offer requests outside the online shopping cart 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. Essential characteristics of the goods or service

The essential characteristics of the goods and/or service can be found in the respective offer.

5. Prices and payment terms

5.1. The prices listed in the respective offers and the shipping costs represent total prices. They include all price components including all applicable taxes.

5.2. The shipping costs incurred are not included in the purchase price. They can be accessed via a correspondingly labelled button on our website or in the respective offer, will be shown separately during the ordering process and must be borne by you in addition, unless free shipping is promised.

5.3. If delivery is made to countries outside the European Union, further costs may arise for which we are not responsible, such as customs duties, taxes or money transfer fees (transfer or exchange rate fees of credit institutions), which are to be borne by you.

5.4. Incurred costs of money transfer (transfer or exchange rate fees of credit institutions) are to be borne by you in cases where delivery is made to an EU member state, but payment was initiated outside the European Union.

5.5. The payment methods available to you are indicated under a correspondingly labelled button on our website or in the respective offer.

5.6. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.

6. Delivery conditions

6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly labelled button on our website or in the respective offer.

6.2. If you are a consumer, it is legally stipulated that the risk of accidental loss and accidental deterioration of the sold item during shipment only passes to you when the goods are handed over, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the entrepreneur or another person designated to carry out the shipment.

If you are an entrepreneur, delivery and shipment are at your risk.

7. Statutory liability for defects

Liability for defects is governed by the "Warranty" regulation in our General Terms and Conditions (Part I).

These GTC and customer information have been created by the IT law specialists of Händlerbund and are constantly checked for legal conformity. 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/de/leistungen/rechtssicherheit/agb-service.