Table of Contents
- Scope of Application
- Conclusion of Contract
- Right of Withdrawal
- Prices and Payment Conditions
- Delivery and Shipping Conditions
- Duration of Contract and Termination of Subscription Contracts
- Retention of Title
- Warranty for Defects
- Redemption of Promotional Vouchers
- Redemption of Gift Vouchers
- Applicable Law
- Alternative Dispute Resolution
- Scope of Application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) of “AI-Growth” (hereinafter referred to as the “Seller”) apply to all contracts for the delivery of goods concluded by a consumer or entrepreneur (hereinafter referred to as the “Customer”) with the Seller regarding the goods presented by the Seller in its online shop. The inclusion of the Customer’s own terms and conditions is hereby objected to unless otherwise agreed.
1.2 These GTC shall also apply mutatis mutandis to contracts for the delivery of vouchers, unless otherwise expressly stipulated.
1.3 These GTC shall also apply mutatis mutandis to contracts for the delivery of tickets, unless otherwise expressly stipulated. These GTC only regulate the sale of tickets for specific events specified in the Seller’s item description and not the execution of these events. The execution of the events is governed exclusively by the statutory provisions in the relationship between the participant and the organizer, as well as any deviating conditions of the organizer. If the Seller is not also the organizer, he is not liable for the proper execution of the event, for which only the respective organizer is responsible.
1.4 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their self-employed professional activity.
1.5 An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their commercial or self-employed professional activity.
1.6 The subject matter of the contract may, depending on the product description of the Seller, be both the purchase of goods by way of a one-time delivery and the purchase of goods by way of permanent delivery (hereinafter “Subscription Contract”). In the case of a Subscription Contract, the Seller undertakes to deliver the goods contractually owed to the Customer for the duration of the agreed contract term at the contractually agreed intervals.
1.7 The subject matter of the contract may, depending on the content description of the Seller, be both the one-time provision of digital content and the regular provision of digital content (hereinafter “Subscription Contract”). In the case of a Subscription Contract, the Seller undertakes to provide the Customer with the contractually owed digital content for the duration of the agreed contract term at the contractually agreed intervals.
- indem er dem Kunden die bestellte Ware liefert, wobei insoweit der Zugang der Ware beim Kunden maßgeblich ist, oder
- indem er den Kunden nach Abgabe von dessen Bestellung zur Zahlung auffordert.
Liegen mehrere der vorgenannten Alternativen vor, kommt der Vertrag in dem Zeitpunkt zustande, in dem eine der vorgenannten Alternativen zuerst eintritt. Die Frist zur Annahme des Angebots beginnt am Tag nach der Absendung des Angebots durch den Kunden zu laufen und endet mit dem Ablauf des fünften Tages, welcher auf die Absendung des Angebots folgt. Nimmt der Verkäufer das Angebot des Kunden innerhalb vorgenannter Frist nicht an, so gilt dies als Ablehnung des Angebots mit der Folge, dass der Kunde nicht mehr an seine Willenserklärung gebunden ist.
- Conclusion of Contract
2.1 The product descriptions contained in the Seller’s online shop do not constitute binding offers on the part of the Seller but are intended to submit a binding offer by the Customer.
2.2 The Customer can submit the offer via the integrated online order form on the Seller’s online shop. To do this, the Customer must first place the selected goods in the virtual shopping cart and complete the electronic ordering process by clicking the button that concludes the ordering process, thereby submitting a legally binding contractual offer with respect to the goods in the shopping cart. Alternatively, the Customer can also submit the offer via email or the online contact form to the Seller.
2.3 The Seller may accept the Customer’s offer within five days by:
- sending a written order confirmation or a confirmation in text form (fax or email) to the Customer, whereby the receipt of the order confirmation by the Customer is decisive, or
- delivering the ordered goods to the Customer, whereby the receipt of the goods by the Customer is decisive, or
- requesting payment from the Customer after the Customer has placed the order.
If multiple of the above alternatives are available, the contract is concluded when one of the above alternatives occurs first. The period for accepting the offer begins on the day after the Customer sends the offer and ends with the expiration of the fifth day following the sending of the offer. If the Seller does not accept the Customer’s offer within the aforementioned period, this shall be deemed as rejecting the offer, with the consequence that the Customer is no longer bound by their declaration of intent.
2.4 When selecting a payment method offered by PayPal, the payment processing is carried out by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter referred to as “PayPal”), under the terms and conditions of PayPal, which can be viewed at https://www.paypal.com/us/webapps/mpp/ua/useragreement-full, or – if the Customer does not have a PayPal account – under the terms and conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/us/webapps/mpp/ua/privacywax-full. If the Customer selects a payment method offered by PayPal during the online ordering process, the Seller hereby declares acceptance of the Customer’s offer at the moment the Customer clicks the button that concludes the ordering process.
2.5 When selecting the payment method “Amazon Payments,” the payment processing is carried out by the payment service provider Amazon Payments Europe S.C.A., 38 avenue John F. Kennedy, L-1855 Luxembourg (hereinafter referred to as “Amazon”), under the terms of the Amazon Payments Europe User Agreement, which can be viewed at https://payments.amazon.com/help/201751590. If the Customer chooses “Amazon Payments” as the payment method during the online ordering process, they simultaneously issue a payment order to Amazon by clicking the button that concludes the ordering process. In this case, the Seller already declares acceptance of the Customer’s offer at the moment when the Customer initiates the payment process by clicking the button that concludes the ordering process.
2.6 When an offer is submitted through the Seller’s online order form, the contract text is stored by the Seller after the contract is concluded and sent to the Customer in written form (e.g., email, fax, or letter) following the Customer’s order. The Seller does not provide access to the contract text beyond this. If the Customer has set up a user account on the Seller’s online shop before sending their order, the order data is archived on the Seller’s website and can be accessed by the Customer free of charge using their password-protected user account, provided the Customer provides the relevant login information.
Before bindingly submitting the order using the online order form of the Seller, the Customer can identify and correct any input errors by carefully reading the information displayed on the screen. An effective technical means to better detect input errors can be the zoom function of the browser, which is used to enlarge the screen display. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process. The contract can be concluded in both the German and English languages. Order processing and communication usually take place via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is accurate so that they can receive emails sent by the Seller. In particular, the Customer must ensure that any SPAM filters used by them allow all emails sent by the Seller or by third parties commissioned by the Seller to process the order to be delivered.
- Right of Withdrawal 3.1 Consumers generally have a right of withdrawal.
3.2 Further information on the right of withdrawal can be found in the Seller’s withdrawal policy.
3.3 The right of withdrawal does not apply to consumers who, at the time of conclusion of the contract, do not belong to any member state of the European Union and whose sole place of residence and delivery address is outside the European Union at the time of conclusion of the contract.
- Prices and Payment Terms
4.1 Unless otherwise stated in the Seller’s product description, the prices indicated are total prices including the statutory value-added tax. Any additional delivery and shipping costs that may apply are indicated separately in the respective product description.
4.2 For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, which the Seller is not responsible for and which must be borne by the Customer. These may include, for example, costs for money transfer by credit institutions (e.g., transfer fees, exchange rate fees) or customs duties or taxes (e.g., customs duties). Such costs may also be incurred in relation to money transfers if the delivery is not made to a country outside the European Union, but the Customer makes the payment from a country outside the European Union.
4.3 The payment options available will be communicated to the Customer in the Seller’s online shop.
4.4 If payment is agreed in advance by bank transfer, payment is due immediately after the conclusion of the contract, unless the parties have agreed on a later due date.
4.5 When selecting the “SOFORT” payment method, payment processing is carried out by the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). In order to pay the invoice amount via “SOFORT,” the Customer must have an online banking account that is enabled for participation in “SOFORT,” verify their identity during the payment process, and confirm the payment instruction to “SOFORT.” The payment transaction is then carried out immediately by “SOFORT,” and the Customer’s bank account is debited. Further information on the “SOFORT” payment method can be found on the internet at https://www.klarna.com/sofort/.
4.6 When selecting a payment method offered by “Shopify Payments,” payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered through Shopify Payments will be communicated to the Customer in the Seller’s online shop. Stripe may use other payment services to process payments, for which special payment terms may apply, and the Customer will be separately informed about these. Further information on “Shopify Payments” can be found on the internet at https://www.shopify.com/legal/terms-payments-de.
4.7 When selecting a payment method offered by “VR Payment,” payment processing is carried out by the payment service provider VR Payment GmbH, Saonestraße 3a, 60528 Frankfurt am Main, Germany (hereinafter “VR Payment”). The individual payment methods offered through VR Payment will be communicated to the Customer in the Seller’s online shop. VR Payment may use the services of third-party payment service providers to process payments, for which special payment terms may apply, and the Customer will be separately informed about these. Further information on “VR Payment” can be found on the internet at https://www.vr-payment.de/onlinehandel#article-878.
4.8 When selecting a payment method offered by “Stripe,” payment processing is carried out by the payment service provider Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter “Stripe”). The individual payment methods offered through Stripe will be communicated to the Customer in the Seller’s online shop. Stripe may use other payment services to process payments, for which special payment terms may apply, and the Customer will be separately informed about these. Further information about Stripe can be found on the internet at https://stripe.com/de.
4.9 When selecting a payment method offered by “Wix Payments,” payment processing is carried out by the payment service provider Wix HQ, 6350671, Nemal Tel Aviv St 40, Tel Aviv-Yafo, Israel (hereinafter “Wix”). The individual payment methods offered through Wix will be communicated to the Customer in the Seller’s online shop. Wix may use other payment services to process payments, for which special payment terms may apply, and the Customer will be separately informed about these. Further information about Wix Payments can be found on the internet at https://de.wix.com/payments.
4.10 When selecting the SEPA direct debit payment method, the invoice amount becomes due after the SEPA direct debit mandate has been issued, but not before the pre-notification period for payment has expired. The direct debit will be executed when the ordered goods leave the Seller’s warehouse, but not before the pre-notification period has expired. “Pre-notification” date or until the expiry of a notice period cannot reasonably be expected from the terminating party.
- Delivery and Shipping Terms
5.1 If the seller offers shipping of the goods, the delivery will take place within the delivery area specified by the seller to the delivery address provided by the customer, unless otherwise agreed. The delivery address provided by the seller during the order process is binding for the transaction.
5.2 If the delivery of the goods fails for reasons attributable to the customer, the customer shall bear the reasonable costs incurred by the seller as a result. This does not apply to the costs of initial shipment if the customer effectively exercises their right of withdrawal. The return costs are governed by the seller’s withdrawal policy when the customer effectively exercises the right of withdrawal.
5.3 If the customer is acting as a business entity, the risk of accidental loss and deterioration of the sold goods passes to the customer as soon as the seller has delivered the goods to the carrier, the freight forwarder, or any other person or institution designated for the shipment. If the customer is a consumer, the risk of accidental loss and deterioration of the sold goods generally only passes to the customer upon delivery of the goods to the customer or an authorized recipient. However, the risk of accidental loss and deterioration of the sold goods also passes to the customer, even in the case of consumers, as soon as the seller has delivered the goods to the carrier, the freight forwarder, or any other person or institution designated for the shipment if the customer has instructed the carrier, freight forwarder, or other person or institution to carry out the shipment and the seller has not previously named this person or institution to the customer.
5.4 The seller reserves the right to withdraw from the contract in case of incorrect or improper self-delivery. This only applies if the non-delivery is not the seller’s fault and the seller has concluded a specific supply contract with the supplier with due diligence. The seller will make every reasonable effort to procure the goods. In the event of unavailability or only partial availability of the goods, the customer will be informed immediately, and the consideration will be refunded promptly.
5.5 Self-collection is not possible for logistical reasons.
- Duration of the Contract and Termination of Subscription Contracts
6.1 Subscription contracts are concluded for an indefinite period and can be terminated by the customer at the end of each month.
6.2 The right to terminate for cause remains unaffected. Good cause exists if, taking into account all circumstances of the individual case and weighing the interests of both parties, the continuation of the contractual relationship until the agreed termination date or until the expiry of a notice period cannot reasonably be expected from the terminating party.
6.3 Terminations can be made in writing, in text form (e.g., by email), or in electronic form using the termination facility (termination button) provided by the seller on their website.
- Retention of Title
If the seller makes advance deliveries, they reserve ownership of the delivered goods until the purchase price owed has been paid in full.
- Warranty (Guarantee)
8.1 Unless otherwise stated in the following provisions, the statutory provisions regarding warranty shall apply. Deviating from this, for contracts for the delivery of goods:
8.2 If the customer is acting as a business entity:
- The seller has the choice of the type of subsequent performance.
- For new goods, the limitation period for defects is one year from the delivery of the goods.
- For used goods, the rights and claims for defects are excluded.
- The limitation period does not start again if a replacement delivery is made in the context of the warranty for defects.
8.3 The above limitations of liability and reductions in the limitation period do not apply:
- to claims for damages and reimbursement of expenses by the customer,
- in the event that the seller has fraudulently concealed the defect,
- for goods that have been used in accordance with their customary use for a building and have caused its defectiveness,
- for any existing obligation of the seller to provide updates for digital products, in contracts for the delivery of goods with digital elements.
Furthermore, for business entities, the statutory limitation periods for any existing statutory recourse claims remain unaffected. If the customer is a merchant within the meaning of § 1 of the German Commercial Code (HGB), the customer is subject to the commercial duty to examine and give notice of defects in accordance with § 377 of the HGB. If the customer fails to comply with the notification obligations regulated there, the goods are deemed to have been approved.
If the customer is a consumer, the customer is requested to complain to the carrier about obvious transport damages and to inform the seller accordingly. Failure to do so will not affect the customer’s statutory or contractual warranty claims.
Refund/Cancellations – Non-refundable costs of €70 by AI-Growth
In the event of cancellation, return, or any other refund request by the customer, €70 (EUR) of the paid purchase amount will not be refunded. This non-refundability applies to the following cost components: onboarding costs, setup costs, and personnel costs incurred in connection with the provision of products or services by the company “AI-Growth.” This clause applies regardless of the reasons for the customer’s cancellation, return, or refund request. This clause applies to all transactions covered by these Terms and Conditions. The remaining provisions of these Terms and Conditions remain unaffected by this clause and retain their full validity.
- Redemption of Promotional Vouchers
9.1 Vouchers that are issued free of charge by the seller as part of promotional activities and cannot be purchased by the customer (hereinafter “promotional vouchers”) can only be redeemed in the seller’s online shop and only during the specified period.
9.2 Individual products may be excluded from the voucher campaign if a corresponding restriction results from the content of the promotional voucher.
9.3 Promotional vouchers can only be redeemed before the order process is completed. Subsequent offsetting is not possible.
9.4 Only one promotional voucher can be redeemed per order.
9.5 The value of the goods must at least equal the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
9.6 If the value of the promotional voucher is not sufficient to cover the order, the difference can be paid using one of the other payment methods offered by the seller.
9.7 The credit of a promotional voucher is neither paid out in cash nor is interest paid on it.
9.8 The promotional voucher will not be refunded if the customer returns the goods paid for in full or in part using the promotional voucher as part of their statutory right of withdrawal.
9.9 The promotional voucher is intended for use by the person named on it. Transfer of the promotional voucher to third parties is excluded. The seller is entitled but not obliged to check the material eligibility of the respective voucher holder.
- Redemption of Gift Vouchers
10.1 Gift vouchers that can be purchased through the seller’s online shop (hereinafter “gift vouchers”) can only be redeemed in the seller’s online shop, unless otherwise specified on the voucher.
10.2 Gift vouchers and any remaining credit on gift vouchers can be redeemed until the end of the third year following the year of voucher purchase. Remaining credit will be credited to the customer until the expiry