General Terms and Conditions (GTC) / Allgemeine Geschäftsbedingungen (AGB)
§ 1 Scope and Provider
(1) These General Terms and Conditions (GTC) govern the contractual relationship between Marvin's Marketing, Marvin Erckens, Jägerstraße 7, 47918 Tönisvorst, Germany, E-Mail: admin@marvinerckens.com (hereinafter "Provider" or "I"), and the customer regarding the services and donation options offered through the online shop at [Your Website Address].
(2) The Provider is a "Kleinunternehmer" (small business owner) in accordance with § 19 of the German VAT Act (UStG).
(3) All agreements made between the Provider and the customer for the purpose of executing a contract are laid down in writing in these GTC and the order confirmation.
(4) By placing an order or making a donation, the customer acknowledges and agrees to these GTC.
(5) These GTC apply exclusively. Any conflicting or deviating terms and conditions of the customer shall not apply unless the Provider has expressly agreed to them in writing.
§ 2 Services Offered & Donations
(1) The Provider offers various digital marketing services, including marketing consultations and the creation of marketing plans (hereinafter "Services"), through the online shop.
(2) Marketing Consultations typically include a material review and an online meeting. During the checkout process, the customer can select a preferred day and time for the online meeting. Further details regarding the consultation, including the precise scheduling and material exchange, will be discussed and confirmed via email after purchase.
(3) Marketing Plans are provided as digital documents.
(4) The scope and specific details of the Services are defined in the respective product descriptions on the website and confirmed in the order confirmation.
(5) The Provider also offers a donation option for visitors to show their support. No services are provided or implied in exchange for a donation. Donations are purely voluntary contributions.
§ 3 Conclusion of Contract
(1) The presentation of services in the online shop does not constitute a legally binding offer, but a non-binding invitation to place an order.
(2) For Services: The customer submits a binding offer to purchase the selected services by clicking the "Buy Now," "Place Order with Obligation to Pay," or similar button during the checkout process.
(3) For Donations: By completing the donation process, the customer submits a binding offer to make a voluntary contribution.
(4) The contract (for services) or the donation agreement (for donations) is concluded when the Provider accepts the customer's offer by sending an order confirmation via email immediately after the order is placed or the donation is received.
§ 4 Prices, Payment, and VAT (Umsatzsteuer)
(1) All prices stated on the website for Services are gross prices. The amount for donations is freely chosen by the donor.
(2) As a "Kleinunternehmer" according to § 19 UStG, the Provider is exempt from charging Umsatzsteuer (VAT). Therefore, the prices displayed and charged for Services, and any donations received, do not include German VAT.
(3) The following payment methods are accepted:
* Stripe (credit card and other Stripe-supported methods)
* PayPal
* Bank Transfer (Vorkasse)
(4) Payment via Bank Transfer (Vorkasse): If the customer chooses bank transfer, the Services will only be provided once the full payment has been received by the Provider. For donations, the contribution is considered received upon bank transfer completion. The customer is responsible for any bank fees incurred.
(5) The Provider reserves the right to withhold services until full payment is received.
(6) Customers outside of Germany may be subject to VAT obligations in their respective countries. For intra-community business-to-business (B2B) services, the reverse charge mechanism may apply.
§ 5 Provision of Services
(1) All Services provided by the Provider are digital services.
(2) For Marketing Consultations: After payment and order confirmation, the Provider will coordinate with the customer via email to finalize the schedule for the online meeting and discuss the exchange of materials for review.
(3) For Marketing Plans: Digital marketing plans will be delivered to the customer electronically (e.g., via email or a secure download link) after payment is received and the plan is completed as per the agreed-upon timeline.
§ 6 Right of Withdrawal (Widerrufsrecht) for Consumers
(1) If the customer is a consumer (a natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity), they generally have a right of withdrawal according to the statutory provisions.
(2) Information on the Right of Withdrawal (Widerrufsbelehrung):
* Right of withdrawal: You have the right to withdraw from this contract within fourteen days without giving any reason.
* The withdrawal period is fourteen days from the day the contract is concluded.
* To exercise your right of withdrawal, you must inform us (Marvin's Marketing, Marvin Erckens, Jägerstraße 7, 47918 Tönisvorst, Germany, E-Mail: admin@marvinerckens.com) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or an email).
* Consequences of withdrawal: If you withdraw from this contract, we shall reimburse you for all payments received from you without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract.
(3) Expiry of the Right of Withdrawal for Digital Services:
* The right of withdrawal expires prematurely if the Provider has commenced the performance of the contract (e.g., by starting the material review for a consultation, providing access to a digital plan, or beginning the consultation meeting) after the customer has expressly consented to the Provider commencing the performance of the contract before the end of the withdrawal period, and the customer has confirmed their knowledge that by giving their consent, they lose their right of withdrawal.
(4) No Right of Withdrawal for Donations: As donations are voluntary contributions with no service provided in return, there is no right of withdrawal for donations.
§ 7 Liability and Warranty
(1) The Provider warrants that the Services will be performed with due diligence and professional expertise.
(2) The Provider is not liable for the success of the marketing measures based on the consultation or marketing plans, as the implementation and results depend on various external factors beyond the Provider's control.
(3) The Provider shall be liable for damages resulting from injury to life, body, or health, and for damages caused by intentional or grossly negligent breach of duty.
(4) For other damages, the Provider’s liability is limited to foreseeable damages typical for the contract.
§ 8 Data Protection
(1) The Provider processes the customer’s personal data for the purpose of fulfilling the contract and processing donations. Details regarding the processing of personal data are provided in the Provider's Privacy Policy, which is available on the website.
§ 9 Final Provisions
(1) The law of the Federal Republic of Germany shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) If the customer is a merchant, legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is Tönisvorst, Germany.
(3) If individual provisions of these GTC are or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.
Important Note for Checkout Implementation:
You must provide a checkbox during the checkout process that the customer must click to confirm they have read and agree to these GTC before they can complete the purchase of services or make a donation.
The link to these GTC must be clearly visible near the checkbox.
You must also provide a clear link to your Privacy Policy and the statutory cancellation policy (Widerrufsbelehrung) for consumers.
Remember, it's highly recommended to consult with a German legal professional to ensure these T&Cs fully comply with all relevant laws for your specific business, especially given the international aspect of online sales and the nuances of digital services and donations.
