General Terms and Conditions
General Terms and Conditions for User Accounts
1. Contract conclusion, applicability of these General Terms and Conditions
- These General Terms and Conditions apply to the setting up of user accounts on basaas.com.
- The option to register an account is not a legally binding offer but allows you (the customer) to make us an offer to conclude a corresponding contract. Submitting the registration constitutes an offer to us to conclude a corresponding contract. The customer is bound to this offer for a period of two working days at our registered office. Within this time period we may declare acceptance of your offer, which usually takes place by way of account activation. We have the right to reject an application to register an account without stating reasons. An automated email sent by us, confirming receipt of a registration, does not constitute acceptance of your offer to conclude a contract.
- Customers must supply truthful information upon registration. We are entitled to verify the correctness of the supplied information by requesting appropriate proof.
- Any deviating, conflicting or supplementing General Terms and Conditions of the customer do not become part of the contract between us, even if we are aware of them, unless we expressly agree to their application.
2. Minimum age
- If the customer acts as a consumer in terms of Section 13 of the German Civil Code (BGB), he or she must be at least 18 years of age upon registration. No contracts are concluded with minors. We are entitled to verify the customer’s age by requesting appropriate proof.
- In the event that we learn after the conclusion of the contract that the customer is under 18 we are entitled to withdraw from the contract.
3. Contract language, storage of the contract text and correction of entered data
- The contract language is German.
- The contract text is not stored by us and cannot be accessed following completion of the registration. However, customers may print out these General Terms and Conditions at any time.
- Data entered in the course of registration may be corrected in the browser prior to sending.
4. Misuse of access data
The customer shall inform us immediately of any suspicion of misuse, actual misuse or loss of passwords, PINs and/or user names in connection with his or her account. The customer releases us from all liability for any existing or asserted claims or damage in connection with such misuse and/or loss which has arisen due to fault on the part of the customer or a delay in informing us.
- If the customer is a consumer in terms of Section 13 BGB, he or she is entitled to the statutory rights.
- If the customer is an entrepreneur in terms of Section 14 BGB, the choice of subsequent performance subject to the statutory limitations is ours. The limitation period applicable to warranty claims is in this case one year; this period does not apply in the event of personal injury or death or where malicious acts or the provision of a guarantee are asserted against us.
- The statutory provisions apply with regard to consumers in terms of Section 13 BGB.
- With regard to entrepreneurs in terms of Section 14 BGB, the following applies: In the case of an ordinarily negligent breach of essential contractual obligations our liability will be limited in terms of amount to foreseeable damage typical of the type of contract. Essential contractual obligations are obligations, the fulfilment of which is indispensable for the due execution of the contract, and in compliance with which the customer may regularly trust. The limitation period is one year. This clause does not apply in the event of personal injury or death, to claims resulting from product liability, and where malicious acts or the provision of a guarantee are asserted against us.
Either party may cancel this contract subject to a notice period of one week. The right to terminate without notice for good cause is unaffected.
8. Out-of-court dispute settlement
- The EU Commission has provided a platform for out-of-court dispute settlement at http://ec.europa.eu/consumers/odr/.
- We are neither obliged nor willing to participate in any dispute settlement proceedings at any consumer arbitration service.
9. Applicable law and place of jurisdiction
- The following clauses only apply with regard to entrepreneurs in terms of Section 14 BGB.
- The contract is governed exclusively by the law of the Federal Republic of Germany. International private law does not apply unless mandatory.
- The sole place of jurisdiction for all disputes arising in connection with this agreement is our registered seat. We are also entitled to bring legal action against the other party at one of the other party’s statutory places of jurisdiction.
10. Severability clause
Should individual provisions of these general terms and conditions be or become wholly or partially invalid the remaining provisions will be unaffected, unless the loss of individual clauses would disadvantage one party to such an unreasonable degree that it could not reasonably be expected to adhere to the contract.
General Terms and Conditions for Business Accounts
1. Scope of applicability, setting up a business account
- These General Terms and Conditions for Business Accounts apply in addition to the terms and conditions applicable to user accounts. They apply to the use of the paid-for services offered by us.
- This service is only available to entrepreneurs in terms of Art. 14 of the German Civil Code (BGB).
- A business account is allocated to the company specified upon registration. The information requested upon registration must be provided truthfully and, where requested, evidenced. In the event of a change to the information provided it must be updated on the website without delay.
- Registration constitutes a binding offer to conclude a corresponding contract. We may reject this offer without stating reasons. Acceptance of the offer is made by corresponding notification to the email address provided upon registration.
- We may request the provision of a payment method made out in the name of the company (e.g. credit card) to which our fees resulting from this contract may be charged. The specified payment method must be maintained for the term of the contract or exchanged for a different payment method.
- Companies domiciled outside Germany but within the EU must provide their VAT identification number upon registration. Where this is not provided the customer bears the risk of any incorrect calculation of VAT.
2. Access to business accounts
Holders of business accounts may grant other users of our services rights to their business account. The holder is responsible for the appropriate use of the permissions granted.
The choice of subsequent performance is ours, subject to the limitations imposed by statute. The limitation period applicable to warranty claims is one year; this period does not apply in the event of personal injury or death or where malicious acts or the provision of a guarantee are asserted against us.
In the case of an ordinarily negligent breach of essential contractual obligations our liability will be limited in terms of amount to foreseeable damage typical of the type of contract. Essential contractual obligations are obligations, the fulfilment of which is indispensable for the due execution of the contract, and in compliance with which the customer may regularly trust. The limitation period is one year. This clause does not apply in the event of personal injury or death, to claims resulting from product liability, and where malicious acts or the provision of a guarantee are asserted against us.
5.Fees and invoices
We charge the agreed fees at the start of the respective agreed contract term and send invoices in digital form to the email address provided by the customer.
- This relationship of trust may be terminated by either party at the end of the paid-for contract term. If no cancellation is received, the contract term in the case of monthly payments is extended by another month in each case and in the case of annual payments by another year in each case.
- The right to terminate for good cause is unaffected. Cause is established particularly if the following circumstances apply to the other party:
- c. a breach of essential contractual obligations by the other party, provided the breach is not remedied despite warning and the setting of an adequate period of grace. The warning notice and setting of a period of grace are not required where it would be unreasonable to expect the injured party to provide the same;
- d. a party files an application for the opening of insolvency proceedings, insolvency proceedings are commenced, or the application is rejected due to lack of assets;
- e. the customer fails to pay the fees due to us for over 30 days after their due date.
7. Miscellaneous provisions
- The contract is governed exclusively by the law of the Federal Republic of Germany. International private law and UN law on the sale of goods do not apply unless mandatory.
- The sole place of jurisdiction for all disputes of the parties in connection with this agreement is Berlin, Germany.
- In all other respects, the General Terms and Conditions for user accounts apply with lesser priority.