General Terms and Conditions with Customer Information

Last Updated: January 26, 2025

Validity of the GTC

The following General Terms and Conditions (hereinafter referred to as “GTC”) shall apply exclusively to the business relationship between André Daus Consulting, c/o Block Services, Stuttgarter Str. 106, 70736 Fellbach, Germany (hereinafter referred to as “Vendor”) and the purchaser, who is hereinafter referred to as “Customer”, of the Vendor’s products. Deviating terms and conditions of the Customer shall not be accepted, even if the Vendor fulfils his/her contractual obligations without objection, unless the Vendor expressly agrees to the validity of the Customer’s deviating terms and conditions.All personal terms apply equally to both genders. For reasons of better readability, the simultaneous use of masculine and feminine forms of language has been dispensed with.A “Consumer” within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither attributable to his commercial nor to his independent professional activity.”Entrepreneur” within the meaning of the GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or self-employed professional activity.”Product” within the terms and conditions refers to any goods, services, and other performances offered by the seller, including any accessories and accompanying documentation, which are subject to the contract between the seller and the customer according to the product description provided by the seller to the customer or other agreement.

Contact and service details

Please note the following information about the availability of our customer service.E-mail address: service@andredaus.com Phone number: +49 221 1653180 Contact form: https://andredaus.com/kontakt Customer service availability: Weekdays from 09:00 to 17:00

Ordering Process and Conclusion of Contract

The Customer can select from the products offered in the Vendor’s assortment to the Customer and collect them in a so-called shopping basket. In the selection within the shopping basket, the product selection can be changed, e.g. deleted. Otherwise, the customer can initiate the completion of the order process.By clicking on the button that concludes the ordering process, the Customer makes a binding offer to the Vendor to purchase the products in the shopping basket.

Contract Text and Contract Language

The Vendor saves the text of the contract and makes it available to the Customers in text form (e.g. by e-mail or printed with the delivery of the order). The Customer can print the text of the contract before submitting the order to the Vendor by using the print function of his browser or the save function for web pages in the last step of the ordering process.If Customers have created a customer account, they can view their placed orders in their account. The full text of the contract is not accessible in the account area.The contract languages are German and English, contracts can be concluded in these languages.

Customer Account

The Vendor provides the Customer with a Customer account. Within the Customer account, the Customer is provided with information about the orders and their Customer data stored with the Vendor. The information stored in the Customer account is not public.Customers can also place an order as a guest without having to create a Customer account.Customers are obligated to provide truthful information in their Customer account and to adjust the information in case of changes in the actual circumstances, as far as this is necessary (e.g. the changed email address in case of a change or the changed postal address before an order). Customers are responsible for any disadvantages that may arise due to incorrect information.Customers are responsible for their customer accounts within their sphere of influence and to the extent that it is reasonable for them to assume responsibility. It is the customers’ responsibility to use the access data for their customer account with the utmost care and to take any measures to ensure the confidential and secure handling of the data and to prevent disclosure to third parties. Customers are required to inform the Vendor immediately if there is reason to suspect that a third party has knowledge of access data and/or is misusing the customer account.The Customer account may only be used in accordance with the applicable legal provisions, in particular the regulations for the protection of third-party rights, and subject to the Vendor’s GTC, using the access masks and other technical access options provided by the Vendor. Any other type of use, in particular by external software such as bots or crawlers, is prohibited.When customers store, share or otherwise publish content or information in their customer account, they are responsible for that content. Depending on technical capabilities, this content includes texts, images and personal details. The seller does not endorse the customers’ content and does not identify with it. However, the seller reserves the right to take necessary actions in cases of legal issues or threats to third parties.These actions are based on carefully selected criteria with the aim of ensuring that each action is justified. It is assessed whether an action is necessary to resolve the problem or avert the danger. Furthermore, it is evaluated whether the action is proportionate to the seriousness of the problem or threat. Care is also taken to ensure that it is carried out with due diligence and after a thorough assessment of all relevant information and circumstances. Finally, the action must be based on an objective and unbiased assessment of the situation.Possible actions include deleting the relevant content, requests for statements or corrections, warnings, legal steps or even bans from premises. In deciding upon these measures, the seller takes into careful consideration the requirements of the situation and the rights and interests of all parties involved. In particular, customers’ fundamental rights are taken into account in order to ensure a fair and equitable solution.Customers can cancel their customer account at any time. The Vendor can cancel the customer account at any time with reasonable notice, which is usually two weeks. The termination must be reasonable for the customer. The Vendor reserves the right to terminate for exceptional reasons.From the moment of termination, the Customer account and the information stored in the Customer account will no longer be available to the Customer. It is the Customer’s responsibility to secure their data upon termination of the Customer account.

Prices and Shipping Costs

Unless otherwise stated, all prices are total prices including the applicable statutory value added tax (VAT).

Payment Methods and Terms

Unless otherwise agreed, payments shall be made without discounts, reductions or other rebates.When using financial institutions and other payment service providers, the terms and conditions and data protection information of the payment service providers also apply with regard to payment. Customers are requested to observe these regulations and notes as well as information within the framework of the payment process. This is particularly because the provision of payment methods or the course of the payment procedure may also depend on the agreements between the Customer and financial institutions and payment service providers (e.g. agreed spending limits, location-restricted payment options, verification procedures, etc.).The Customer shall ensure that the Customer fulfills the conditions incumbent upon the Customer, which are necessary for successful payment by means of the selected payment method. This includes, in particular, sufficient coverage of bank and other payment accounts, registration, legitimation and authorization with payment services and confirmation of transactions.If a payment is not made or reversed due to insufficient funds in the Customer’s account, the provision of incorrect bank details or an unjustified objection by the Customer, then the Customer shall bear the fees incurred as a result, provided that the Customer is responsible for the failed or reversed booking and, in the case of a SEPA credit transfer, was informed of the transfer in good time (so-called “pre-notification”).The Vendor reserves the right to offer payment methods only from or up to a certain order volume. In this case, the Vendor will inform the Customers of a corresponding payment restriction up to the start of the order process. The right of Consumers to a free, common and reasonable means of payment shall not be restricted.
SEPA Direct Debit – By placing the order, the Customer grants the Vendor a SEPA direct debit mandate. By issuing the SEPA direct debit mandate, the Vendor is authorised to initiate the payment transaction, whereby the Customer’s bank account is automatically debited. The Customer will be informed of the date on which the bank account will be debited (referred to as ” Pre-Notification”). The Pre-Notification is not bound by form and can, for example, take the form of an invoice, details in an e-mail, on a website or be included in GTCs. The period of notice of the date on which the bank account is to be debited is 5 days (referred to as the “Pre-Notification Period”). The invoice amount is due after the direct debit mandate has been issued, but not before the Pre-Notification Period has expired. The account shall be debited after shipment of the goods but not before the expiry of the Pre-Notification Period. The Vendor reserves the right to carry out a creditworthiness check when selecting the SEPA Direct Debit payment method and not to offer the payment method to the Customer in the event of a negative creditworthiness check..
Purchase on account – The invoice amount is due after the product has been delivered as well as invoiced and is payable by the Customer within 7 days without deduction by payment to the Vendor’s bank account, unless otherwise agreed. .
Credit card payment – When placing an order, Customers provide their credit card details. The Customer’s credit card will be charged immediately after completion of the order and after the Customer’s authorisation as the legitimate cardholder.
Costs incurred by reminders of due receivables will be charged to the Customers. The Customers have the right to prove no, or lower costs.The Vendor shall be entitled to claim default interest in the statutory amount and other consequences determined by law from the defaulting Customers in the event of default in payment. The Customer’s obligation to pay interest on arrears shall not preclude the Vendor from asserting further claims for damages caused by default. Damages for default include costs of legal enforcement, such as costs for legal advice, dunning proceedings or debt collection.Customers shall only be entitled to set-off if their counterclaims have been legally established or acknowledged by the Vendor.

Purchase on account

If the Vendor performs in advance, the delivered products shall remain the property of the Vendor until payment has been made in full.

Delivery, Availability of Goods

Should the delivery of the goods fail through the fault of the Customer despite three attempts at delivery, the Vendor may withdraw from the contract. Any payments made will be refunded to the Customer without delay.If the ordered product is not available because the Vendor is not supplied with this product by its supplier through no fault of its own, in particular with regard to securing the supply and a possible as well as reasonable effort on its part, the Vendor may withdraw from the contract. If no comparable product is available or if the Customer does not wish a comparable product to be delivered, the Vendor shall immediately reimburse the Customer for any payments already made.

Digital Contents

“Digital Contents” is content such as software, video as well as audio content, e-books or apps if it is provided digitally, e.g. as a download or stream (i.e. not delivered on data carriers such as CDs or Blu-Rays).The provisions of these GTC apply accordingly to the sale of Digital Content.Digital Contents are provided to the Customer in the form of a download possibility.Digital Contents are provided immediately after purchase, at the latest within 24 hours.For the use of the Digital Content, access to the Internet as well as common and usual display options that are reasonable for the Customer (e.g. a browser or PDF display software) are required. The Vendor assumes no responsibility for any impediments to accessing or retrieving Digital Content if such impediments are the responsibility of the Purchaser (this applies in particular to the Purchaser’s access to the Internet).

Digital Services

“Digital Service” means a service that allows the Customer, who is a Consumer, to create, process, store or access data in digital form; or a service that allows the sharing of or any other interaction with data in digital form uploaded or created by the Customer or other users of that service.The provisions of these GTC shall apply accordingly to Digital Services.

Sale of Licence Keys

These GTC apply accordingly to the sale of licence keys.When purchasing licence keys, the purchaser is granted the rights to use the respective product, for example software or content, as shown in the product description.The Customer will be provided with the possibility to download the ordered licence keys.The ordered Licence keys will be sent to the Customer at the e-mail address provided.Unless stated in the product description, the licence key may only be used after payment of the price.

Subscriptions

“Subscription” is understood to mean the regular purchase of products or other services by “Subscribers” (how Customers are referred to under Subscription Agreements) within the framework of an ongoing contractual relationship (also referred to as a “Subscription Agreement”) for a defined period of time (also referred to as a “Subscription Period”).A Subscription Agreement obliges the Vendor to deliver the services covered by the Subscription Agreement or to perform other services at the agreed times or intervals and within the agreed subscription period. The details of the individual Subscriptions are specified in each case with their respective offers.Termination shall be effective as of the next service or delivery due date or the next service or delivery within the Subscription Period.The Subscriber shall notify the Vendor immediately of any changes in the delivery or shipping address and shall otherwise be responsible for any impediment to delivery due to failure to notify the Vendor.The right to termination of the Subscription Agreement for good cause is reserved in accordance with the statutory provisions.Subscription contracts can be terminated in text form (e.g. e-mail).

Sale of Tickets

These GTC apply accordingly to the sale of tickets.The Customer will be provided with the possibility to download the ordered tickets.The ordered tickets will be sent to the Customer at the e-mail address provided.With the tickets, the Customer acquires the rights embodied in the tickets in accordance with the product description to participate in the named events. Unless otherwise agreed, participation is based on a legal relationship established with the event organisers on the basis of their terms and conditions and the Vendor does not become a contractual partner or otherwise obligated under this legal relationship. The respective organiser is responsible for the event.

Production and processing according to the Customer’s specifications

If the contractual agreement between the Parties includes that the Vendor manufactures or processes the product to be delivered according to the Customer’s specifications, the Customer shall be obliged to provide the Vendor with the information and materials required for the performance of the service and to offer cooperation (hereinafter also referred to collectively as “Cooperation”).The Customer shall be informed of his required Cooperation within the product description or the ordering process.In fulfilling its duties to Cooperation, the Customer must, in particular, adhere to the agreed format, the agreed transmission route and other agreed technical specifications and deadlines when providing information and materials.The Customer shall only provide information and materials as well as to cooperate in the processing by the Vendor in accordance with the contract does not violate applicable law or the intellectual property rights of third parties. The Customer shall in particular ensure that he/she has the necessary rights of use and disposal for the processing by the Vendor. The Vendor is not obliged to verify the legality of Customer’s Cooperation.The Vendor shall not bear any costs for the Cooperation of the Customer.The Customer shall indemnify the Vendor, its employees and representatives against liability and/or claims from authorities or third parties which arise in connection with the Customer’s Cooperation and for which the Customer is responsible. The indemnity shall also include all necessary and reasonable legal defence costs. Furthermore, the Customer shall support the Vendor in this case in the defence against the claims by means of reasonable and necessary acts of cooperation as well as information.The Vendor shall be entitled, on the basis of proper consideration, to reject processing orders, even after conclusion of the contract, in which the Vendor may assume, on the basis of objective indications, a violation of the applicable law, the rights of third parties or morality (this shall apply in particular in the case of information and materials that are harmful to minors, discriminatory, offensive or unconstitutional).

Software Setup

Set-up services, which include the set-up of software, e.g. on computers, other devices or servers, as well as preparatory measures associated therewith, shall be carried out at an agreed date after consultation with the Customer.If additional costs arise in connection with the Set-up, these will be communicated to the Customer within the scope of the product description, the ordering process or within the scope of a subsequent agreement.The Customer is responsible for providing the Vendor with the information required for Setup and for providing the necessary support and, in particular, for providing the necessary access and login credentials.The Set-up shall be provided in a professional manner. Subject to other agreements, the Vendor may commission appropriately qualified third parties with the Set-up services.

Copyright and Rights of Use

The products distributed by the seller, including copyright-protected content associated with the products such as photographs, images, graphics, videos, or instructions, are protected by intellectual property rights (particularly trademark and copyright law). The usage and exploitation rights belong to the seller or the respective rights holders. Customers commit to recognising and respecting these protection rights.The Customer shall receive the non-exclusive rights to use the acquired products for purposes in accordance with the contractual agreement. Otherwise, use and exploitation of the products is not permitted. In particular, copyrighted products of the Vendor may not be reproduced, distributed, made publicly available or in any other way made available to third parties on the internet or intranets. Public reproduction, duplication or other further publication are not part of this contract and are therefore prohibited. Copyright notices, trademarks and other legal reservations may not be removed from the products unless this is necessary for the contractual use of the products or is permitted by law.The seller expressly reserves the right to use the products for commercial text and data mining. Text and data mining is the automated analysis of one or more digital or digitised works to derive information, particularly about patterns, trends, and correlations. In particular, the products may not be used for the development, training, programming, improvement and/or enrichment of AI systems (including but not limited to generative AI systems) that can directly or indirectly output content (whether copyright-protected or not). Furthermore, the buyer undertakes to take reasonable and necessary measures to ensure that the purchased products are not subjected to text and data mining. This includes, for example, incorporating appropriate notices into their own terms of use and ensuring that employees are appropriately instructed (especially regarding digital content). The details depend on the type of product and the nature of its use.If the products are subject to a specific licence of use, the Customers shall be informed about the licence of use. In this case, the provisions of the licence of use shall apply before these GTC.If the Vendor performs in advance, the granting of the rights of use to the Customer shall only be provisional and shall only become effective when the Customer has paid the complete purchase price of the relevant Goods.The copyright notices and proprietary notices (for example the “Copyright” symbol ©) attached or otherwise connected with the products within a reasonable and legally recognised scope shall be respected and the rights of use granted shall only apply as long as the aforementioned notices and notations are not removed or otherwise rendered unrecognisable. Unless the removal or obscuring takes place within the scope of the ordinary or intended use of the products.

Instructions on Withdrawal

The information on the right of withdrawal for Consumers can be found in the Vendor’s instructions on withdrawal.

Warranty and Liability

The Vendor shall be liable for damages without limitation insofar as the cause of the damage is based on intent or gross negligence. Furthermore, the Vendor shall be liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, for the breach of obligations, the fulfilment of which makes the proper performance of the contract possible in the first place and on the compliance with which the customer regularly relies (cardinal obligations) or in the case of agreed guarantee commitments. In this case, however, the Vendor shall only be liable for the foreseeable, contract-typical and expectable damage. The Vendor shall not be liable for the slightly negligent breach of obligations other than those mentioned above. The above limitations of liability shall not apply in the event of injury to life, limb or health, for a defect following the assumption of a guarantee for the quality of the product and in the event of fraudulently concealed defects. Liability under the product liability law remains unaffected. Insofar as the Vendor’s liability is excluded or limited, this shall also apply to the personal liability of employees, representatives and vicarious agents. In all other respects, claims for damages by the Customer shall be excluded. The above liability provisions shall also apply to claims for damages by the Customer under the Vendor’s statutory warranty.The limitations of warranty and liability obligations as well as shortening of deadlines in this respect shall not apply to claims for damages and reimbursement of expenses of the Customer, goods that have been used in accordance with their customary use for a building and have caused its defectiveness as well as to existing update obligations in the case of contracts for digital products.The limitations of the warranty and liability obligations as well as the shortening of the relevant periods shall not apply in the case of mandatory consumer recourse claims of the Customer. This shall apply in particular in the event of claims for damages and reimbursement of expenses by Consumers, in the event of a shortening of the time limit in the case of products which have been used for a building in accordance with their customary manner of use and have caused the defectiveness thereof, and in the event of any updating obligations in the case of contracts for digital products.

Change of GTC

The Vendor reserves the right to amend these GTC in the case of long-term debt relationships (i.e. contracts running over a longer period, within the framework of which services and/or counter-services are provided) at any time with effect for the future in the following cases: a) if the amendment serves to bring the GTC into line with applicable law, in particular if the applicable legal situation changes; b) if the amendment serves the Vendor in complying with mandatory court or official decisions; c) if entirely new services or service elements as well as technical or organizational processes require a description in the GTC; d) if the amendment is solely advantageous to the Customers.In the case of Customers who are Entrepreneurs, changes can also be made in addition to the cases mentioned, provided they are reasonable, appropriate, and objectively justified for the Customer.The Vendor will send the amended GTC to the Customer’s email address registered with the Vendor at least two weeks before they come into effect. If a Customer does not object to the new GTC within two weeks of receiving the email, the amended GTC will be deemed accepted by the Customer. In the notification of the change, the Vendor will inform the Customers of the consequences of not contesting the new GTC. Customers can also agree to the amended GTC by express consent.

Final provisions

The legal relationship between the Customer, insofar as the Customer is an entrepreneur, and the Vendor shall be governed exclusively by the laws of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.The place of jurisdiction shall be at the Vendor’s (registered) office if the Customer is an entrepreneur, a legal entity under public law or a special fund under public law or if the Customer does not have a general place of jurisdiction in the Vendor’s country of business. The right of the Vendor to choose another admissible place of jurisdiction will remain unaffected.

Dispute Resolution

The European Commission provides a platform for Online Dispute Resolution (ODR), which can be accessed at https://ec.europa.eu/consumers/odr/. Consumers have the possibility to use this platform to settle their disputes.We are not willing and not obliged to participate in any dispute resolution proceedings before a consumer arbitration board.

Legal text by Dr. Schwenke - please click for further information.