- Scope of application and contractual partner
- Contract conclusion and prices
- Provision of digital products and services
- Rights of use
- Term and cancellation of subscriptions
- Adjustment of subscription price
- Promotions and premiums
- Data and privacy
- Right of withdrawal
- Closing provisions
1. Scope of application and contractual partner
The following General Terms and Conditions of Business and Delivery shall apply to all provision of digital offers as well as individual sales of digital offers and services of Equilec GmbH. The customer's general terms and conditions are hereby rejected. The Customer's contractual partner is Equilec GmbH, Hofenfelsstr. 14, 66482 Zweibrücken, HRB 32491, Zweibrücken Local Court (hereinafter: Equilec).
2. Contract closure and prices
The order is a binding offer which Equilec may accept. There is no entitlement to the conclusion of a contract. Equilec may reject orders without giving reasons. The contract shall not be concluded with the confirmation of receipt of the order, but at the earliest with the sending of the order confirmation, but at the latest with the receipt of or access to the ordered product. The respective current price list shall apply, in particular with regard to the combination of different digital products and services. All prices include the applicable statutory value added tax.
3. Provision of digital products and services
Digital products are provided via Equilec's websites. Equilec is free to remove individual contents from the offer at any time or to change them subsequently. Equilec is free to choose the technical means for providing the agreed service, in particular the technology, design, functionalities and infrastructure used. Equilec is entitled to change, supplement or change the technical means, functionalities as well as the executors, as far as no justified interests of the customer oppose this. In this case, the customer shall be obligated to perform any necessary cooperative actions, provided that such actions are reasonable for the customer. Access is granted after registration via a user name and password. Access is personal and limited to one user. The customer is obliged to keep the access data secret and not to pass it on to third parties. In the event of unauthorized use by third parties, Equilec is entitled to hold the customer liable for all consequences, for damages as well as for compensation in accordance with the current price list, whereby the customer is entitled to prove that no damage or substantially less damage has been incurred. In this case, Equilec is also entitled to terminate the contract without notice. Equilec reserves the right to assert further claims. Equilec may restrict access to the digital offerings if the security of network operations, the maintenance of network integrity, in particular the avoidance of serious disruptions to the network, software or stored data, the interoperability of services or data protection so require.
4. Rights of use
All contents of Equilec's products are protected by copyright and may only be used for private or other own, non-commercial or non-commercial purposes without the separate consent of Equilec. Any use of the contents beyond the scope of the statutory restrictions, in particular any reproduction, storage, dissemination, making available to the public, etc. for commercial and/or commercial purposes, i.e., including storage in database systems or use within presentations in commercial operations, publication on the Internet or Intranet, or disclosure of contents or granting of rights to third parties, shall not be permitted and shall require the prior express consent of Equilec. The granting of licenses and rights of use shall be made through Equilec. In the event that the content is used in violation of the above provisions, Equilec shall be entitled to hold the customer liable for all consequences, including all claims, in particular claims for damages by third parties, asserted against Equilec, as well as for compensation in accordance with the current price list. In this case, Equilec is also entitled to terminate contracts without notice. Equilec reserves the right to assert further claims.
5. Term and cancellation of subscriptions
Within the framework of the respective current price list, the customer can choose between different runtime models. The payment frequency is independent of the type of subscription and the term. Subscriptions have different minimum terms and end after expiration of the minimum term. Customers will be notified of the expiration of their subscription by e-mail and in their login area and will be given an option to renew. The right to extraordinary termination for good cause remains unaffected. For Equilec, good cause shall be deemed to exist in particular if the customer fails to meet its payment obligations. In the event of extraordinary termination, Equilec expressly reserves the right to assert claims for damages and to reclaim any premiums, discounts and similar benefits granted.
The usage fee is due immediately after registration and activation of the content. Payment can generally be made by direct debit (SEPA), debit/credit card and PayPal, as well as via other linked payment options of the payment system used by Equilec. Equilec reserves the right to offer only certain payment methods for certain products or promotions. By providing an e-mail address when placing an order, the customer agrees that the invoice will be sent to him at his specified e-mail address. The customer has to take care that his e-mail address is not wrong or a delivery by e-mail is not possible for technical reasons. The invoice will only be sent by post if expressly requested by the customer. In this case, additional postage costs may arise for the customer.
7. Adjustment of subscription price
Equilec is entitled to adjust the pricing model at any time - however, no more than once per quarter - to changing market conditions as well as in the event of significant changes in the range of services, the server infrastructure, changes in sales tax or other general conditions. The adjustment shall include both price increases in the event of an overall increase in costs and price reductions in the event of an overall decrease in costs. The announcement of the price adjustment will be made on the Equilec website. For customers with a term subscription, the price increase will not take effect until the next renewal of the term. In the event of price adjustments in the form of price increases totaling more than 10% within a 12-month period, the customer shall have a special right of termination as of the effective date. The customer will be informed separately of any special right of termination. The notice of termination must be received by Equilec within one month of notification of the price increase. Any exchange of services that has taken place in the meantime shall not be reversed.
8. Promotions and premiums
When granting bonuses, discounts and other promotions, the individual terms and conditions stated at the time of conclusion of the contract shall apply in each case. Unless expressly stated, discounts and other promotions cannot be combined with each other. The entitlement to grant expires (also retroactively) in the event of abusive conduct by the customer, premature termination by the customer or termination by Equilec, provided that the customer is responsible for the reasons.
b. Premiums in kind
Offers with non-cash premiums are only valid while stocks last and, in principle, only for a premium delivery within the EU and in China. Equilec otherwise reserves the right to supply appropriate replacement items.
9. Data and privacy
The customer represents and warrants that all data provided by him are true and complete. The customer undertakes to notify Equilec immediately of any changes to its contractual data by e-mail to firstname.lastname@example.org and/or to store such data in its login area. Equilec processes the customer's personal data for the purpose of processing the subscription contract (Art. 6 para. 1 lit. b DSGVO). In order to be able to inform the customer about its offers, Equilec also processes the data provided for its own customer analyses and for advertising purposes (Art. 6 para. 1 lit. f DSGVO). With the customer's consent, which can be revoked at any time for the future, Equilec also informs the customer by telephone and/or by e-mail or via messenger for advertising purposes (§ 7 para. 2 no. 2, 3 UWG, Art. 6 para. 1 lit. a DSGVO). Equilec informs the customer by e-mail about offers that are similar to those ordered by the customer in order to show him suitable offers (§ 7 para. 3 UWG, Art. 6 para. 1 lit. f DSGVO). The customer can object to this at any time at basic rates. If the customer wishes to object to the processing of his data for advertising purposes or to revoke any consent given, a brief message to email@example.com or to the above postal address, Data Protection Department, will suffice. Further information on data protection, in particular on the rights of the customer, can be found at www.equilec.de/datenschutz.
10. Right of withdrawal
If and insofar as the customer concludes the contract as a consumer, he is entitled to the following statutory right of withdrawal:
You have the right to revoke subscription contracts within 14 days without giving any reason. The revocation period is 14 days from the date of registration. To exercise your right of withdrawal, you must inform us (Equilec GmbH, Hofenfelsstr. 14, 66482 Zweibrücken; e-mail: firstname.lastname@example.org) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post or an e-mail). To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period. There is no right of withdrawal for individual purchases.
Consequences of revocation
. If you revoke a contract, we must repay you all payments we have received from you without delay and no later than 14 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 any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier. You must return or hand over received goods and premiums to Equilec GmbH, Customer Service, Hofenfelsstr. 14, 66482 Zweibrücken, without undue delay and in any case no later than 14 days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of 14 days. You will only have to pay for any loss in value of the goods or premiums if this loss in value is due to handling of the goods that is not necessary for checking the condition, properties and functioning of the goods.
11. Closing provisions
Equilec reserves the right to unilaterally amend these General Terms and Conditions of Business and Delivery if, after the conclusion of the contract, changes unforeseeable and beyond Equilec's control have occurred or gaps become apparent and the relationship between performance and consideration is thereby significantly disturbed. Equilec shall also be entitled to amend these General Terms and Conditions of Business and Delivery in agreement with the customer at any time and without giving reasons. The customer shall be informed of the planned changes in writing, whereby transmission by e-mail shall be sufficient, provided that the customer has deposited an e-mail address. If the customer does not object in writing or by e-mail within 6 weeks of receipt, the changes shall be deemed accepted. The customer will be informed of this separately in the change notification. The General Terms and Conditions of Business and Delivery of Equilec, which are current at the time the order is placed, shall apply. The legal relationship between Equilec and the customer shall be governed exclusively by the laws of the Federal Republic of Germany. Should individual provisions of these General Terms and Conditions of Business and Delivery be invalid, this shall not affect the remainder of the contract.
Status: April 2021