General Terms and Conditions (GTC)

I - General Terms and Conditions

The following General Terms and Conditions (GTC) apply to all business relationships between the customer and IT-Hafen - Adrian Seehawer, hereinafter referred to as “us/we.” The GTC are part of all contracts concluded with the customer and also apply to future services and offers, even if they are not separately agreed upon again.

The customer’s or third parties’ GTC are not part of the contract and do not apply, even if we do not separately object to them.

We reserve the right to change our GTC, policies, and prices by prior notification via the registered email address and through notifications in the customer portal.

If the customer disagrees with the intended changes, they have the right to object to the changes within one month of notification. If the objection is made within the deadline, we are entitled to terminate the contract in writing with one month’s notice at the end of the calendar month.

Our employees and third parties commissioned by them are not authorized to make verbal side agreements or give assurances.

II - Order and Conclusion of Contract

By placing an order, the customer submits a binding order. We have the right to accept the contractual offer from the order within 7 working days after receipt. The order confirmation does not constitute acceptance of the contract.

Our offers are non-binding and subject to change. Technical and other adjustments are reserved as far as reasonable.

The customer confirms that the data provided by them is correct and complete. They must notify us of any changes in writing within 14 days and provide corresponding evidence upon request.

Unless otherwise agreed, the contracts are concluded for an indefinite period.

III - Termination

The contract can be terminated by either party with a notice period of one month to the end of the calendar month without giving reasons. For our customers, different notice periods may apply depending on the service description. Termination can be done in writing via letter, email, or through the customer portal.

Contracts with a minimum term automatically extend for the period specified in the contract unless terminated within the notice period beforehand.

Until the end of the contractual term, the customer is entitled to the agreed services.

Non-use or refusal of delivery and services does not count as termination.

Additionally, we reserve the right to terminate the contractual relationship without notice for an important reason. Such an important reason exists, in particular, if the customer fails to meet payment obligations or violates essential contractual obligations. A suspension or immediate termination can also occur if the customer uses content that affects the normal operation or security of the infrastructure or product.

If the customer intends to transfer their contractual rights and obligations to a third party, our approval is required. The transfer must be made in writing. We are obligated to verify the legitimacy of the transferor and the identity of the third party.

IV - Retention of Title

The delivered goods remain our property until all existing claims from the business relationship have been fully paid. The customer is obliged to handle the goods with care and insure them adequately against fire, water, and theft damage at their own cost.

For deliveries to resellers, the reseller may resell the delivered goods in the ordinary course of business. The reseller hereby assigns all claims from the resale of the goods in the amount of the invoice amount to us. The reseller remains authorized to collect the claims in their own name even after the assignment.

V - USE OF SERVICES

The customer is obliged to independently check and comply with legal regulations resulting from the use of the services agreed upon in the contract, particularly the Telecommunications Act, the Telemedia Act, as well as national and international commercial and intellectual property rights, personal rights, and the provisions of competition and data protection law. They shall indemnify us from all third-party claims arising from violations of these obligations.

The customer agrees not to publish content that infringes third-party rights or otherwise violates applicable law. This includes, but is not limited to, pornographic or obscene materials, extremist or immoral content, gambling, material that is likely to severely endanger the morals of children or adolescents, or infringing third-party rights (copyright, name, trademark, and data protection rights). It also includes the publication of defamatory content, insults, or disparagement of individuals or groups of people.

If we become aware of illegal actions, we are required under Article 6(1) DSA (Digital Services Act) to promptly request the removal of the disputed content and are entitled to suspend the customer’s access.

VI - Liability

The use of services is at the customer’s own risk. We are liable for indirect damages only in case of intent or gross negligence, but not for lost profits. For negligent violations that are not grossly negligent or intentional, we are liable for foreseeable damages typical for the contract, up to a maximum of 100% of the customer’s monthly product rental fee.

If the customer’s content violates the obligations mentioned in section V, especially legal prohibitions and good morals, they are liable to us for all direct or indirect damages arising from this, including financial losses. Furthermore, the customer agrees to indemnify us from third-party claims – regardless of the legal basis – resulting from their actions or those of their designated third parties. The indemnification obligation also includes all legal defense costs.

VII - Warranty

For goods delivery, the warranty period for defect claims is 12 months after successful delivery.

If the service involves the delivery of used goods, we exclude any liability for defects.

For claims for damages due to intent or gross negligence, as well as in cases of injury to life, body, or health caused by intentional or negligent breaches of duty, the statutory limitation periods apply.

VIII - Right of Withdrawal

You have the right to withdraw from this contract within 14 days after the contract is concluded without giving any reasons. To exercise your right of withdrawal, you must inform us, IT-Hafen - Adrian Seehawer, Birklück 9, 24999 Wees, Email: support@it-hafen.de, by means of a clear statement (e.g., a letter sent by post, email, or via the customer portal) about your decision to withdraw from this contract.

Consequences of Withdrawal:

If you withdraw from this contract, we will reimburse all payments we have received from you, including delivery costs (except for additional costs arising from your choice of a delivery method other than the least expensive standard delivery offered by us), without delay and no later than fourteen days from the day we receive the notification of your withdrawal. We will use the same means of payment that you used for the original transaction unless we have agreed otherwise. In no case will you incur fees for this reimbursement. If the withdrawn item is a service that has already begun at the time of withdrawal, the corresponding proportional amount must be paid.

IX - Dispute Resolution

The European Commission provides a platform for online dispute resolution (OS platform), which can be accessed at https://ec.europa.eu/consumers/odr. We are neither willing nor obligated to participate in a dispute resolution procedure before a consumer arbitration board.

X - Final Provisions and Severability Clause

These General Terms and Conditions and the contractual relationship between us and the customer are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and international private law.

The exclusive, including international, jurisdiction for all disputes arising from the contractual relationship is our place of business in Wees (Flensburg). However, we are entitled to sue at the customer’s place of business. Mandatory statutory provisions, particularly those on exclusive jurisdictions, remain unaffected.

If any provision is wholly or partly invalid or unenforceable, the validity of the remaining provisions shall not be affected. The same applies if a gap is found in this contract. In place of the invalid or unenforceable provision, an appropriate regulation shall apply, which, as far as legally possible, corresponds to the intent and purpose of the invalid or unenforceable provision or the presumed intention of the parties, had they considered this point.