Legal
I. Standard business terms
§ 1 Basic provision
(1) The following business terms apply to all the contracts, which you conclude with us as a supplier (BSCA B.V.) via the www.butler-guru.com website. Unless otherwise agreed upon, the inclusion, if necessary, of your conditions is ruled out.
(2) A ‘consumer’ in the sense of the following regulations is every natural person who concludes a legal transaction which, to an overwhelming extent, cannot be attributed to either his commercial or independent professional activities. The term ‘businessman’ refers to every natural person, legal person, or legally responsible partnership that concludes a legal transaction in pursuance of his/its independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of digital content (data created and provided in digital form).
(2) By placing the respective digital content on our website, we submit to you 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 digital content intended for purchase is placed in the “shopping cart”. You can call up the “shopping cart” via the corresponding button in the navigation bar and make changes there at any time. After calling up the “Checkout” page and entering the personal data and the terms of payment, the order data will finally be displayed as an order overview.
If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, Sofort) as a payment method, you will either be taken to the order overview page in our online shop or redirected to the website of the instant payment system provider.
If you are forwarded to the relevant instant payment system, choose and/or enter your details as appropriate. Finally, you will be shown the order data 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 option once more to review or change (you may also use the “Back” button on the Internet browser) any information on the order summary page or to cancel the purchase.
By using the ‘Place order in conjunction with a liability to pay’ button to send the order, you indicate your legally binding acceptance of the offer, which results in the conclusion of the purchase contract.
(4) The execution of the order and the sending of all the details necessitated by the conclusion of the contract take place via e-mail, in a partially-automated manner. Consequently, you have to ensure that the e-mail address that you have deposited with us is the correct one and that the receipt of the respective e-mails is guaranteed. In particular, you have to ensure that the respective e-mails are not blocked by a SPAM filter.
§ 3 License of use in case of digital content
(1) The digital content offered is protected by copyright. For each digital content purchased from us, you will receive a license of use from the respective Licensor. The type and scope of the license of use result from the license terms stated in the respective offer.
(2) Payment options from Klarna
In cooperation with Klarna Bank AB (publ) (https://www.klarna.com/de/), Sveavägen 46, 111 34 Stockholm, Sweden, we offer the following payment options. Payment is always made to Klarna:
– Instant bank transfer: Available in Germany. Your account will be debited immediately after placing the order.
– Credit card (Visa/Mastercard): Available in Germany. The debit is made after the goods or tickets have been dispatched/once the service is available or, in the case of a subscription, according to the communicated times.
You can find further information and Klarna’s terms of use here (http://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/user). General information about Klarna can be found here (http://www.klarna.com/de/). Klarna will treat your data in accordance with the applicable data protection regulations and in accordance with the information in Klarna’s Privacy Policy (http://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/privacy).
For more information about Klarna, please click here (http://www.klarna.com/de/smoooth-mehrzuklarna/). The Klarna app can be found here (http://www.klarna.com/de/klarna-app/).
§ 4 Right of retention
You can only exercise a right of retention if the situation in question involves claims arising from the same contractual relationship.
§ 5 Warranty
(1) The statutory rights of liability for defects apply.
(2) Insofar as a feature of the digital content deviates from the objective requirements, the deviation shall only be deemed to be agreed upon if you were informed of the same by us before submitting the contractual declaration, and the deviation was expressly and separately agreed between the contractual parties.
(3) Insofar as you are an entrepreneur, the following shall apply in deviation from the above warranty provisions:
a) Only our specifications and the manufacturer’s product description shall be deemed agreed as the quality of the digital content, but not other advertising, public promotions, and statements by the manufacturer.
b) In the event of defects, we shall, at our discretion, provide a warranty by rectification of the defect or subsequent delivery. If the rectification of defects fails, you may, at your discretion, demand a price reduction or withdraw from the contract. The rectification of defects shall be deemed to have failed after a second unsuccessful attempt, unless the nature of the digital content or the defect, or other circumstances indicate otherwise.
c) The warranty period is one year from the delivery of the digital content. The shortening of the period shall not apply
– for culpably caused damage attributable to us arising from injury to life, limb, or health and in the case of other damage caused intentionally or by gross negligence;
– insofar as we have fraudulently concealed the defect or have given a guarantee for the quality of the digital content;
– in the case of items that have been used for a building in accordance with their customary use and have caused its defectiveness;
– in the case of statutory rights of recourse that you have against us in connection with defect rights.
§ 6 Choice of law, place of fulfillment, jurisdiction
(1) German law shall apply. This choice of law only applies to customers if it does not result in the revocation of the protection guaranteed by the mandatory provisions of the law of the country in which the respective customer’s usual place of residence is located (benefit-of-the-doubt principle).
(2) If you are not a consumer, but a businessman, a legal entity under public law, or an institutional fund governed by public law, our place of business is the place of jurisdiction as well as the place of fulfillment for all services that follow from the business relationships that exist with us. The same condition applies to situations in which you are not associated with a general place of jurisdiction in Germany or the EU, as well as situations in which the place of residence or the usual place of residence is not known at the time of commencement of proceedings. This has no bearing on the capacity to call upon the court associated with another place of jurisdiction.
(3) The provisions of the UN Convention on Contracts for the International Sale of Goods are explicitly inapplicable.
II. Customer information
1. Identity of the seller
BSCA B.V.
Singel 250
1016 AB Amsterdam
Netherlands
E-Mail: contact@butler-guru.com
Alternative dispute resolution:
The European Commission provides a platform for the out-of-court resolution of disputes (ODR platform), which can be viewed at https://ec.europa.eu/odr (https://ec.europa.eu/odr).
2. Information regarding the conclusion of the contract
The technical steps associated with the conclusion of the contract, the contract conclusion itself, and the correction options are executed in accordance with the regulations “conclusion of the contract” in our standard business terms (part I.).
3. Contractual language, saving the text of the contract
3.1 Contract language shall be English.
3.2 The complete text of the contract is not saved with us. Before the order is sent, the contract data can be printed out or electronically saved using the browser’s print function. After the order is received by us, the order data, the legally-mandated details related to distance selling contracts, and the standard business terms are re-sent to you via e-mail.
4. Main features of the product or service
The key features of the goods and/or services can be found in the respective quote.
5. Prices and payment arrangements
5.1 The prices mentioned in the respective offers represent total prices, as do the shipping costs. They include all the price components, including all the incidental taxes.
5.2 Since the product is downloaded, no shipping costs accrue.
5.3 If delivery is made to countries outside of the European Union, we may incur unreasonable additional costs, such as duties, taxes, or money transfer fees (transfer or foreign exchange fees charged by the banks), which you must bear.
5.4 You must also bear the costs arising from money transfers in cases in which the delivery is made to an EU Member State, but the payment is initiated outside of the European Union.
5.5 The payment methods that are available to you are shown by clicking the appropriate button on our website or are disclosed in the respective quote.
5.6 Unless otherwise specified for the respective payment methods, the payment claims arising from the contract that has been concluded become payable immediately.
6. Provision
6.1 The conditions for provision, the provision date, and any existing provision restrictions can be found under a correspondingly designated button on our website or in the respective offer.
7. Statutory warranty right
Liability for defects is governed by the “Warranty” provisions in our General Terms and Conditions of Business (Part I).
These SBTs and customer details were created by the lawyers specialising in IT law who work for the Händlerbund and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and assumes liability in case warnings are issued. More detailed information can be found on the following website: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service (https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service).
III. Right of Withdrawal
(A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.)
1.Cancellation policy for digital content
right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day the contract was concluded.
To exercise your right of withdrawal, you must inform us (BSCA B.V., Singel 250, 1016 AB Amsterdam, e-mail address: info@butler-guru.com) using a clear statement (e.g. a letter sent by post or an email) about your decision to withdraw from this contract. You can use the attached sample revocation form for this, but this is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
2. Consequences of revocation
If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment.
3. expiry reasons
The right of withdrawal lapses in the case of a contract for the supply of digital content, not on a physical medium that requires the consumer to pay a price if the consumer:
1. has expressly consented to the entrepreneur beginning the performance of the contract before the end of the cooling-off period and
2. has confirmed his knowledge that his right of withdrawal expires with his consent at the beginning of the fulfillment of the contract and
3. the trader has provided the consumer with confirmation of the contract on a durable medium within a reasonable period after the conclusion of the contract, but no later than when the digital content that is not on a physical medium is made available:
– in which the content of the contract is reproduced and
– on which it is stated that, before the performance of the contract, the consumer has expressly consented to the entrepreneur starting to perform the contract before the end of the cooling-off period and has confirmed his knowledge that by consenting to the start of the contract, he loses his right of withdrawal.
Sample withdrawal form
(If you want to revoke the contract, please fill out this form and send it back.)
– To BSCA B.V., Singel 250, 1016 AB Amsterdam, email address: info@butler-guru.com:
– I/ we (*) hereby revoke the contract concluded by me/ us (*) for the purchase of the following goods (*)/
the provision of the following service (*)
– Ordered on (*)/ received on (*)
– Name of consumer(s)
– Address of the consumer(s)
– Signature of the consumer(s) (only if notification is made on paper)
– Date
(*) Delete where not applicable.
You can reach us using the following contact details:
BSCA B.V.
Singel 250
1016 AB Amsterdam
Netherlands