Table of contents
- Scope
- Conclusion of contract
- Right of withdrawal
- Prices, terms of payment and processing time
- Shipping
- Liability for defects
- Applicable law
- Alternative dispute resolution
1. Scope
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of EXXACTO Übersetzungsagentur GbR (hereinafter referred to as “Provider”) apply to all contracts for the provision of services that a consumer or entrepreneur (hereinafter referred to as “Customer”) concludes with the Provider with regard to the services presented by the Provider on its website. The inclusion of the Customer’s own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 For the purposes of these GTC, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. 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 his commercial or independent professional activity.
2. Conclusion of contract
2.1 The service descriptions on the website of the Provider do not constitute binding offers on the part of the Provider, but serve for the submission of a binding offer by the Customer.
2.2 The Customer may submit the Offer via the online order form integrated into the Provider’s website. After placing the selected services in the virtual shopping cart and going through the electronic ordering process, the Customer makes a legally binding contractual offer with regard to the services contained in the shopping cart by clicking the button that concludes the ordering process.
2.3 The Provider may accept the Customer’s offer within five days,
- by sending the Customer a written order confirmation or an order confirmation in text form (fax or e-mail), in which case the receipt of the order confirmation by the Customer shall be decisive, or
- by commencing the performance of the service at the request of the Customer and notifying the Customer thereof.
If several of the aforementioned alternatives exist, the contract shall be concluded at the time when one of the aforementioned alternatives occurs first. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the Provider does not accept the Customer’s offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer shall no longer be bound by its declaration of intent.
2.4 When submitting an offer via the Provider’s online order form, the text of the contract shall be stored by the Provider after the conclusion of the contract and transmitted to the Customer in text form (e.g. e-mail, fax or letter) after the Customer’s order has been sent. The Provider shall not make the text of the contract accessible beyond this. If the Customer has set up a user account on the Provider’s website before sending his order, the order data will be archived on the Provider’s website and can be accessed by the Customer free of charge via his password-protected user account by providing the relevant login data.
2.5 Before bindingly placing the order via the Provider’s online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the magnification function of the browser, with the help of which the display on the screen is enlarged. The Customer can correct his entries during the electronic ordering process using the usual keyboard and mouse functions until he clicks the button that concludes the ordering process.
2.6Only German and English are available for the conclusion of the contract.
2.7 Order processing and contacting usually take place via e-mail and automated order processing. The Customer must ensure that the e-mail address provided by him for order processing is correct, so that e-mails sent by the Provider can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all e-mails sent by the Provider or by third parties commissioned by the Provider to process the order can be delivered.
2.8 Alternatively, the Customer can also request an invidual offer on the website. If the Customer confirms the individual offer of the Provider in writing (by e-mail or fax), a contract is also concluded.
3. Right of withdrawal
Consumers are generally entitled to a right of withdrawal. Further information on the right of withdrawal can be found in the Provider’s cancellation policy.
4. Prices, terms of payment and processing time
4.1 Unless otherwise stated in the Provider’s description of services, the prices quoted are total prices that include the statutory value-added tax.
4.2 The payment option(s) and payment methods are communicated to the Customer on the Provider’s website.
4.3 In principle, the services must be paid before the order is processed (advance payment). This may be deviated from after consultation (e.g. in case of high urgency). The specified processing time begins at the moment when the payment of the Customer is received by the Provider.
5. Liability for defects
In the case of a certified translation, the sworn translator shall affix his/her stamp, signature and a attestation note to the translation, thereby confirming the accuracy and completeness of the translation and being liable for the content of the certified translation. In any case, the Provider shall support any necessary correction of defects and coordinate between the Client and the sworn translator.
6. Shipping
6.1 The shipping costs included in the prices include the shipment of the certified translations by Deutsche Post as a standard letter to a German address. Additional costs for other shipping modalities (e.g. express, registered mail, foreign address, etc.) shall be borne by the Customer.
6.2 If the Customer orders translations of different documents (e.g. birth certificate and school certificate), the delivery time is calculated from the number of pages of all documents in the respective order.
Delay in Delivery
6.3 If the translation does not reach the Client within the specified delivery time, the Client shall immediately (within 1 business day after the expiration of the delivery time) inform the Provider so that the Provider can immediately get to the bottom of the problem. If this notification is not made, the Provider is not responsible for any resulting damage.
7 Applicable law
7.1 All legal relationships between the parties shall be governed by the laws of the Federal Republic of Germany to the exclusion of the laws on the international sale of movable goods. In the case of consumers, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.
7.2 Furthermore, this choice of law with regard to the statutory right of withdrawal shall not apply to consumers who do not belong to a Member State of the European Union at the time of conclusion of the contract and whose sole place of residence and delivery address are outside the European Union at the time of conclusion of the contract.
8. Alternative dispute resolution
8.1 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 involving a consumer.
8.2 The Provider is neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
Cancellation policy (services) & cancellation form
Consumers are entitled to a right of revocation according to the following provisions, whereby a consumer is any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity:
A. Cancellation policy (services)
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must inform us (EXXACTO Übersetzungsagentur GbR, Eisestr. 34, 70567 Stuttgart, Germany, Tel.: +49 711 96881909, e-mail: info@exxacto.de) by means of a clear declaration (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract.
You can use the enclosed sample revocation form for this purpose, but it is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with respect to this contract compared to the total scope of the services provided for in the contract.
Exclusion or premature expiration of the right of withdrawal
The right of withdrawal expires prematurely if we have completely performed the service and we have only started to perform the service after you have given your express consent to this and at the same time confirmed your knowledge that you lose your right of withdrawal upon complete fulfillment of the contract by us.
B. Cancellation form
If you want to cancel the contract, please fill out this form and send it back.
To
EXXACTO Übersetzungsagentur GbR
Eisestr. 34
70567 Stuttgart
Germany
Email: info@exxacto.de
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)
_______________________________________________________
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Ordered on (*) ____________ / received on (*) __________________
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Name of the consumer(s)
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Address of the consumer(s)
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Signature of the consumer(s) (only in case of notification on paper)
_________________________
Date
(*) Delete as applicable