Table of Contents
1. Scope of application
2. Subject of the agreement
3. Contract conclusion
5. Service disruption
6. Applicable law
7. Alternative dispute resolution
1) Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of Marco Jung, acting through “Digital Nomad Gear” (hereinafter referred to as the “intermediary”) shall apply to all contracts for the mediation of contracts (hereinafter referred to as the “main contract”) between a consumer or business (hereinafter referred to as the “customer”) concluded through the website of the intermediary. Unless otherwise agreed, the inclusion of any conditions set by the customer is excluded.
1.2 A consumer, according to these GTC, is any natural person who enters into a legal transaction for purposes that cannot be primarily attributed to their commercial or their independent professional activity. A business is any natural or legal person or a legal partnership who, on conclusion of a legal transaction, does so in their commercial or professional capacity.
2) Subject of the contract
The subject of the contract between the customer and the intermediary, which is regulated in these terms, is the mediation of contracts concluded between the customer and a third party (hereinafter “provider”). The content of the main contract can be found in the respective article or service description on the website of the respective provider. The service obligation of the intermediary is limited to forwarding the customer through his website through electronic linking to the offer of the respective provider. The intermediary itself is not a party in the main contract and does not accept any declarations of intent concerning the main contract. In addition, the intermediary does not guarantee that a contract between the customer and the provider will actually be concluded. The main contract is not fulfilled by the intermediary but by the respective provider. For the main contract, the statutory provisions apply in the relationship between the customer and the provider, as well as any diverging contract terms of the respective provider that differ from this.
3) Contract conclusion
3.1 The intermediary provides the customer with various advertising links or banners on his website through which the customer is passed on to the offers of the respective provider via a mouse click. The provision of these advertising banners or banners constitutes a binding offer by the agent to conclude an intermediary contract, which the customer can accept by clicking on the respective advertising link or advertising banner with the mouse.
3.2 The contract text regarding the mediation is neither stored by the intermediary nor is it accessible to the customer after submitting his contractual declaration.
3.3 All contracts are exclusively available in German.
The main contract is negotiated free of charge for the customer. The costs incurred by the customer as a result of the main contract entered into are communicated to the customer through the offer of the respective provider and billed directly by the provider in the event of a contract conclusion. For the main contract, the statutory provisions apply in the relationship between the customer and the provider, as well as any diverging contract terms of the respective provider that differ from this.
5) Service disruption
5.1 The mediator shall be liable to the customer for performance disruptions in connection with the mediation of contracts in the relationship between intermediary and customer.
5.2 The intermediary is not liable for performance disruptions in the main contract between the customer and the provider. The customer must assert claims for performance disruptionin the main contract directly against the respective provider.
6) Applicable law
The law of the Federal Republic of Germany applies to all legal relations of the parties. For consumers, this choice of law only applies insofar as the protection provided is revoked by mandatory provisions of the law of the country in which the consumer has his habitual residence.
7) Alternative dispute resolution
7.1 The EU Commission provides an online platform for online dispute resolution (OS) at http://ec.europa.eu/consumers/odr
This platform serves as a focal point for the extra-judicial settlement of disputes arising from online sales or service contracts, in which a consumer is involved.
7.2 The seller is neither obliged nor willing to participate in dispute settlement proceedings before a consumer arbitration board.