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to the CEO and an assigned project manager.
Feel free to contact us without any commitments:
via telephone: 0251.59 08 33 40
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Conversion Champions GmbH
Tel: 0251.59 08 33 40 (9 a.m. – 5 p.m.)
Fax: 0251.98 11 32 79
Represented by the Managing Director:
Oliver Leismann, qualified media manager
Münster district court, HRB 8748
Person responsible for content in accordance
with § 6 of the German Interstate Media Services Agreement (MDStV):
Oliver Leismann, Conversion Champions GmbH,
Ludgeristraße 55, 48143 Münster
All deliveries, delivery transactions and services are subject solely to the following terms and conditions of business. Ancillary agreements are only binding if they have been confirmed in writing. Additional terms apply to Internet services (see below).
2. Price lists
All offers of the company “Conversion Champions GmbH” are without engagement and non-binding; price lists are purely informational. We do not assume any liability for printing errors and mistakes. We reserve the right to minor changes in the product design and scope of delivery. All trademarks are the property of the particular manufacturer.
3. Cost estimates
Cost estimates are only binding in written form and only approximately in amount.
4. Delivery date, -delay
Binding delivery dates must be agreed in writing. If we fall behind the delivery schedule for reasons for which we are responsible, the customer is entitled to rescind the agreement in accordance with the legal provisions after it has set a written period of grace of at least two weeks in vain. Permanent operational disruptions due to force majeure, strike or raw material exhaustion entitle Conversion Champions GmbH to postpone performance for the duration of the impediment or to rescind the agreement that has not yet been fulfilled. This applies in particular to goods or services that we obtain from upstream suppliers. We and the buyer are entitled to rescind the agreement if we have not received the goods for reasons for which we are not responsible from our upstream suppliers in contractually appropriate quality three months after the time at which we are contractually obliged to deliver. We are entitled to partial deliveries.
5. Terms of payment
Settlement / issue of invoice occurs immediately after rendering of the service or delivery of the goods. If the customer requests direct debit, written authorisation of the customer must be available to Conversion Champions GmbH. All invoices are due immediately and without any deductions subject to written agreement to different effect. If the period set for payment is exceeded, we are entitled to demand fees for the costs incurred of processing. If the buyer does not accept the goods, we can alternatively insist on acceptance or demand 25% of the purchase sum as damages; the buyer remains responsible for proving that no loss or a lower loss was incurred. The buyer is only entitled to rights of retention if its counter claim is based on the same contractual relationship.
6. Reservation of title
The goods delivered remain our property until payment in full of all liabilities; in the case of payment by cheque or bill, until it has been honoured. In the event of conduct contrary to the agreement of the buyer, especially default in payment, we are entitled to take back the item sold; this does not constitute any rescission of the agreement unless we declare this in writing.
7. Passage of risk
The risk passes to the buyer, irrespective of who bears the transport costs, upon transfer of the goods to the buyer or its agents, upon despatch with transfer to the transport person.
8. Guarantee, limitation of liability
According to § 1 of the German Product Liability Act (ProdHaftG), the manufacturer is liable for its product. If products of other manufacturers are sold by Conversion Champions GmbH and delivered to the customer, the guarantee terms of the manufacturer apply. In the event of a defect, contact us. This may permit us to carry out simplified complaint processing. In this way we can decide whether the goods should be sent to us or directly to the manufacturer. We are not liable for damage which did not arise within the scope of delivery itself; in particular, we are not liable for lost profit or other financial losses of the buyer. If we are unable to achieve subsequent improvement or replacement delivery, the customer may demand abatement of the purchase price or rescission of the agreement subject to exclusion of all further claims. All further guarantee claims of the customer are excluded unless they are based on intent, gross negligence or special pledge of Conversion Champions GmbH.
9. Right of revocation
Software and literature are excluded from exchange after opening of the goods or of the licence seal and after registration. The German Civil Code [BGB] grants the consumer (not business customers) a general right of revocation of an agreement (§ 355 BGB). The customer can revoke the agreement without statement of grounds in writing or through implied intent by returning the goods within a period of two weeks. The right of revocation and return lapses if the goods were specially produced according to its specifications.
10. Data protection
The data required for order completion will be stored. All personal data are treated as confidential.
11. Severability clause
Should any of these provision be invalid this shall not affect the validity of the remaining provisions. Invalid provisions shall be replaced by valid provisions that fulfil the intended economic purpose as closely as possible.
12. Place of jurisdiction and place of performance
The place of jurisdiction shall be Warendorf to the extent legally admissible. The place of performance for all services shall be Warendorf.
Additional Terms and Conditions for Internet Services
The following Terms and Conditions are deemed to be a supplement and are not intended to replace our General Terms and Conditions. If an internet service such as the programming of internet applications or our web hosting offer is made use of by customers, the aforementioned General Terms and Conditions shall apply unless amended in the points below.
Payments made in advance for the web hosting offer will not be refunded.
3. Payment default
Should the customer not meet their payment obligations or obligations arising from the retention of title, suspend payments, insolvency or bankruptcy proceedings be instituted against same or should claims be asserted that raise considerable doubt of their creditworthiness, the total amount owed to us (including bills of exchange with a later due date) shall become due and payable immediately. In the event that web hosting customers fall into arrears with their payments by more than four weeks, Conversion Champions GmbH shall be entitled to block the internet presence of same with immediate effect. Customers shall pay a flat-rate reactivation fee of EUR 100 for re-instatement of the internet presence.
4. Service provision, duration of contract
A contract regarding the use of our services shall come into effect with the acceptance of an order or the granting of storage space and access. This contract may be terminated 10 days before the following month; otherwise the contract shall be automatically extended for another month. The billing period shall start upon commencement of the contract regarding the use of our services. The customer or Conversion Champions GmbH may terminate the contract by sending a notice of termination via registered letter. Domains may be transferred to another provider prior to the end of the contract term. Contracts concluded may be terminated by both sides giving the aforementioned notice without providing reasons for this. The customer is obliged to not set up any services on the storage space allocated by Conversion Champions GmbH that place an above average burden on the server (free CGI services or similar). If the customer causes above-average high utilisations, the provider may charge the customer the additional costs incurred after giving prior notice thereof.
5. Data back-ups
If data are provided to Conversion Champions GmbH or placed on the server or internet storage space made available, regardless of the form, the customer shall make backups of these data. The customer is responsible for backing up their own data - Conversion Champions GmbH makes no backups of third party data. In the event of data loss, the customer is obliged to again provide the relevant databases at no cost. The customer is aware that, for all participants in the vicinity of the transmission pathway, there is the potential for transmitted data to be intercepted. The customer expressly accepts this risk. The customer will receive a user name and a password for maintaining their server. The customer is obliged to treat these details as strictly confidential and shall be liable for any misuse arising from any possible unauthorised use of the password.
6. Content of websites
With the uploading of websites (on the server), the customer releases Conversion Champions GmbH from any liability and provides their express assurance that they will not transfer any material that may tarnish the reputation of third parties, or discriminate or insult other persons or groups of persons. The customer furthermore expressly assures that same will not publish content or data that violates the applicable law of the Federal Republic of Germany or the United States of America, that constitutes erotic content or promotes hacking activities. Due to the competitive pricing, it is not possible for Conversion Champions GmbH to review on an individual basis as to whether potential third party claims are legitimately or illegitimately asserted. For this reason, the customer agrees at this point already that the provider can block access to data in the event that third party claims to omission are asserted or the customer is possibly not undoubtedly the legal owner of the published documents or files. Should it be suspected that the customer publishes content that is appropriate for tarnishing the reputation of third parties or discriminating against or insulting other persons or groups of persons, that constitutes erotic content or violates applicable law, the provider shall be entitled to immediately block the entire content of the offer even if an actual legal claim may not exist. The customer is responsible for providing proof that the content is in fact innocuous. If this is proven beyond any doubt, the offer will be released again. The costs for a block as well as the costs for the existing contract shall be borne by the customer in the event that the block is caused by a violation against applicable law. It is expressly prohibited to send so-called “mass e-mails”, “spam e-mails”, etc. from the servers in any manner whatsoever (e-mails of similar content to more than 500 recipients per day). Conversion Champions GmbH shall in such cases be entitled to immediately block the account and charge the customer the costs incurred therein.
7. Trademark protection of the domain name
The customer provides their assurance that, to the best of their knowledge, no third party rights are violated and that no illegal aims are pursued by registering or connecting the domain name and uploading their web pages on the internet. The customer acknowledges that it is solely responsible for the choice of the domain name and agrees to release Conversion Champions GmbH from all third party damage claims in connection with the registration and connection of the domain name. In the event that third parties assert rights in the domain name, Conversion Champions GmbH reserves the right to block the relevant domain name until the matter of dispute has been settled in court.
8. Technical problems, service provision delays
In the event of technical problems that make it impossible to continue with this contract, Conversion Champions GmbH shall be entitled to terminate parts of the contract or the entire contract without notice. The costs paid in advance shall be refunded to the customer in this case. With the exception of wilful intent or gross negligence, the customer has no claim for liability for direct damages and consequential damages as well as for lost profits. As is customary on the internet, the data published on the servers rented from Conversion Champions GmbH may not always necessarily be accessible. This applies in particular to general bottlenecks in the network infrastructure which have nothing to with our servers. Conversion Champions GmbH cannot be held responsible for such downtimes. Should our servers be affected by uninterrupted downtimes of more than one day, Conversion Champions GmbH shall refund the customer the pro rata storage space costs. Conversion Champions GmbH cannot be held responsible for service provision delays resulting from the failure of communication networks. This also applies to binding agreements on deadlines. Damage claims cannot be asserted by the customer against Conversion Champions GmbH and their vicarious agents for the non-provision of services, except in the case of wilful intent or gross negligence.
In the event of defective service provision, we are obliged to make subsequent improvements free of charge at our option. If subsequent improvement fails (e.g. due to impossibility of performance), the customer may not assert damage claims, except in the case of wilful intent or gross negligence, but may merely request a reduction of the purchase price, or, in the event of impossibility of performance, rescission of the purchase contract.
10. Limitation of liability
All further claims are excluded, irrespective of the legal ground, in particular for compensation for damages not arising at the service provided directly except in the case of wilful intent or gross negligence. We accept no liability and provide no guarantee of functionality for third party products and services.