Allgemeine Geschäftsbedingungen

Vorwort

These GTC are applicable in a legally binding manner to

• the use of the products and services and access to this website (ff. Services), and

• any other related agreement or legal relationship with the provider

Users are requested to take careful note of this document.

The products and services are offered by:

Calopad AG
Sonnmatthof 3
6023 Rothenburg
Schweiz

E-Mail: [email protected]

The most important information at a glance

• It should be noted that individual provisions of these GTC may only be relevant for certain categories of users, for example only for consumers or only for users who are not acting as consumers. Any such restrictions of the scope of application shall be expressly indicated in each clause concerned. If no such reference is made, the clause shall apply to all users.

• Only European consumers are entitled to the right of cancellation.

• This website automatically renews product subscriptions. Information on a) the renewal period, b) cancellation and c) the cancellation letter can be found in the relevant section of these GTC.

Terms of use

Unless otherwise stated, the terms and conditions set out in this section apply when accessing this website. Individual or additional terms of use or access may apply in certain circumstances and in such cases will be expressly stated in this document. By using the Service, Users confirm that they fulfil the following conditions

• Users can be consumers or business customers;

• Users can be consumers or business customers;aUsers are not located in a country that is subject to a US government embargo or that has been classified by the US government as a "terrorist supporting country";

Conditions for creating a user account

The creation of a user account is subject to the following conditions. By registering, the user agrees to fulfil these conditions.

• The creation of user accounts by bots or other automated methods is not permitted.

• Unless otherwise stated, each user may only create one account.

• Unless expressly authorised, a user account may not be shared with other persons.

Content available via this website

Unless otherwise stated or clearly recognisable, all content available via this website is the property of the provider and is provided by the provider or its licensors. The provider makes every effort to ensure that the content made available via this website does not violate applicable laws or the rights of third parties. However, it is not always possible to achieve this result. In such cases, users are requested to address their complaint preferably to the contact details provided in this document. The right to enforce any claims (out of) court remains unaffected by this.

Rights to the content available via this website

All rights to the content are reserved by the provider. Users may only use the content to the extent that this is necessary or - even implicitly - intended for the proper utilisation of the service. In particular, users are not permitted to reproduce, download, distribute beyond the limits defined below, edit, translate, modify, redesign, publish, transfer to third parties, sell or licence the content, or enable third parties - even without the user's knowledge - to carry out the aforementioned actions via their own device. Where expressly indicated on this website, the user may download, reproduce and/or distribute selected content available on this website for exclusively personal and non-commercial purposes, provided that the copyright notices and any other notices required by the provider are correctly affixed. Legal restrictions or exceptions remain unaffected by this.

Access to external resources

Users may be able to access external resources provided by third parties via this website. Users recognise and accept that the Provider has no control over such resources and is therefore not responsible for their content and availability. The conditions under which such resources provided by third parties are available and under which rights of use to such content are granted, if applicable, result from the contractual provisions of each third party or, alternatively, from the applicable statutory provisions.

"Invite friends"

Through this website, users have the opportunity to receive benefits if a new user purchases a product offered via this website based on their recommendation. Please refer to this website for the relevant terms and conditions.

The provider reserves the right to terminate the offer at any time and at its own discretion.

Terms of sale

Provision of personal data

In order to access or receive some of the products provided as part of this service via this website, it may be necessary for users to provide their personal data in accordance with the requirements specified on this website.

Chargeable products

Some of the products available through this website as part of the Service are subject to a fee. Prices, terms and other conditions applicable to the purchase of such products are described below. In all other respects, reference is made to this website and to the sections provided for this purpose.

Product description

Prices, descriptions and availability of products can be viewed in the relevant sections of this website and are subject to change without notice. Although products are presented on this website with the greatest possible technical care, representations of any kind (including graphic representations, images, colours, sounds) are for reference purposes only and do not constitute a guarantee of the characteristics of the product purchased. The characteristics of the selected product will be explained during the purchase process.

Purchase process

All steps from selecting a product to placing the order are part of the purchase process. The purchase process includes the following steps:

• The user selects the desired product from the range and checks their own product selection.

• After checking the details of the product selection, the user can place the order by sending it to the provider.

Order Placement

When the user places an order, the following applies:

• The contract is concluded when the order is placed. Placing an order therefore creates an obligation for the user to pay the purchase price, taxes and any other fees and expenses as specified on the order page.

• If information is required from the user, such as personal information or data, specifications or special requests, the placing of the order constitutes an obligation on the part of the user to co-operate accordingly.

• After placing the order, users receive a confirmation of receipt.

All notifications in connection with the purchase process described will be sent to the e-mail address provided by the user for this purpose.

Prices

Users will be informed of all fees, taxes and costs (including any shipping costs) that they will have to pay during the purchase process and before placing an order. Prices are displayed on this website as follows:

• either excluding or including all applicable fees, taxes and costs, depending on which section the user is currently in.

Offers and discounts

The provider may offer discounts or special offers for the purchase of products. Such offers and discounts are always subject to the terms and conditions set out in the relevant section of this website. Offers and discounts are always granted at the sole discretion of the Vendor. Repeated or recurring offers or discounts do not create any claims/title or rights that users may assert in the future. Depending on the case, discounts or offers are only valid for a limited period of time or while stocks last. If an offer or discount is limited in time, the time specifications refer to the provider's time zone, unless otherwise stated. This can be found in the corresponding information provided by the provider in this document.

Coupons

Offers or discounts may be based on vouchers. In the event of a breach of the conditions applicable to coupons, the Provider may lawfully refuse to fulfil its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests. Notwithstanding the provisions below, any additional or different rules governing the use of the Coupons, which can be found on the relevant information page or on the Coupon itself, shall always take precedence. Unless otherwise stated, the following rules apply to the use of coupons:

• Each coupon is only valid if it is used in the manner and within the period specified on the website and/or in the coupon;

• A coupon can only be used in full and at the time of purchase - partial use is not permitted;

• Unless otherwise stated, coupons for individual use may only be used once per purchase and can therefore also only be used once for instalment purchases;

• Coupons cannot be used cumulatively;

• The coupon can only be redeemed within the period specified in the offer. After expiry of this period, the coupon expires automatically and excludes any possibility of asserting the rights arising from the coupon, including a payout.

• The user is not entitled to a credit/refund/compensation if there is a difference between the value of the coupon and the redeemed value;

• The coupon is intended exclusively for non-commercial use. Any reproduction, imitation or commercial trading of the coupon is prohibited, as are any illegal activities in connection with the purchase and/or use of the coupon.

Payment methods

Information on accepted payment methods will be provided during the checkout process. Some payment methods may only be available subject to additional conditions or fees. In these cases, you will find the relevant information in the relevant section of the service (this website). All payments are processed through third party providers. Therefore, this website does not collect any payment information - such as credit card details - but only receives a notification when the payment has been successfully completed. If the payment via the available methods fails or is declined by the payment service provider, the provider is not obliged to fulfil the order. If a payment fails or is rejected, the provider reserves the right to claim all associated costs or compensation from the user.

Payment by instalments

Payment of the purchase price can be made in two or more instalments. The deadlines specified on the service (this website) or the conditions specified by the provider apply. Certain products may be excluded from this payment model. If the user does not meet one of the payment deadlines, the entire outstanding amount is due immediately.

Authorisation for future PayPal payments

When users authorise the PayPal function that enables future purchases, this website stores an identification code that is linked to the user's PayPal account. This authorises this website to automatically process payments for future purchases or recurring instalments of past purchases. This authorisation can be revoked at any time, either by contacting the provider or by changing the user settings at PayPal.

Purchase via the App Store

This website or certain products sold via this website must be purchased via a third-party app store. To do so, users must follow the instructions of the respective online store (e.g. "Apple App Store" or "Google Play"), which may vary depending on the device used. Unless otherwise stated, purchases via third-party online stores are also subject to the general terms and conditions of these third-party providers, which always take precedence over these GTC in the event of discrepancies or conflicts. Users who make purchases via such third-party online stores must therefore carefully read and accept these General Terms and Conditions.

Reservation of ownershipKlicken, um Alternative zu verwenden

The ordered products only become the property of the user upon receipt of payment of the full purchase price by the provider.

Maintaining the rights of use

Users do not acquire any rights of use to the purchased product until the provider has received full payment of the purchase price.

Delivery

Deliveries will be made to the address provided by the user and in the manner specified in the order summary. Upon delivery, users should check the contents of the delivery and report any discrepancies immediately using the contact details provided in this document or as described in the delivery bill. Users may refuse to accept the parcel if it is visibly damaged. This website describes in the relevant section the countries or territories to which the goods will be delivered. This website also describes the relevant delivery times, or alternatively these can be specified during the purchase process. Unless otherwise specified on this website or agreed with users, products will be delivered within thirty (30) days of purchase. Product.

Unsuccessful delivery

The provider is not liable for delivery errors due to inaccuracies or incompleteness in the execution of the order by the user, nor for damage or delays after delivery to the carrier if the carrier was commissioned by the user and was not recommended or provided by the provider. If the goods have not been accepted at the specified time or collected within the specified period, the goods will be returned to the provider. In this case, the provider will contact the user to arrange a second delivery attempt or to discuss the further procedure. Unless otherwise agreed, the user shall bear the costs for each further delivery attempt from the second delivery attempt onwards.

Provision of digital content

Unless otherwise stated, digital content purchased via this website will be transferred to the devices selected by the users via download. Users acknowledge and accept that the device(s) and software (including operating systems) intended to download and/or use the product must be legal, commonly used, up-to-date and comply with current market standards. Users acknowledge and accept that the ability to download the purchased Product may be limited in time and space.

Contract term

Subscriptions

Subscriptions allow users to receive a product continuously or regularly over a certain period of time. Details on the type of subscription and cancellation are listed below.

Lifetime-Subscriptions

Lifetime subscriptions are subscriptions that grant access to the product for as long as the product is available. Lifetime subscriptions subject to payment commence on the day payment is received by the provider. The subscription only expires if and when the product is discontinued.

Open-ended subscriptions

Paid subscriptions begin on the day payment is received by the provider. To maintain subscriptions, users must pay the required recurring fee on time. Failure to do so may result in service interruptions.

Subscriptions with a fixed term

Paid subscriptions with a fixed term begin on the day payment is received by the provider and have the term selected by the user or specified when the order is placed. After the subscription period has expired, the product is no longer accessible.

Automatic renewal of subscriptions with a fixed term

At the end of the initial term, the subscription is automatically renewed for an unlimited period unless the user cancels before the end of this term. The fee due at renewal will be charged via the payment method selected by the user at the time of purchase. After renewal, the subscription runs indefinitely and can be canceled on a monthly basis. The user will receive a reminder of the upcoming indefinite renewal with reasonable advance notice. This includes instructions on how to prevent the renewal or cancel the subscription at a later date.

Cancellation

Renewed subscriptions can be terminated at any time by sending a clear and unambiguous notice of termination to the provider. To do so, users must use the contact details provided in this document or - if possible - the corresponding control elements made available via this website. If the letter of termination is received by the provider by the end of the current month, the subscription will expire at the end of the month in question.

Cancellation of open-ended subscriptions

Unlimited subscriptions can be terminated at any time by sending a clear and unambiguous notice of termination to the provider. To do so, users must use the contact details provided in this document or - if possible - the corresponding control elements made available via this website. Terminations become effective 30 days after receipt of the termination letter by the provider.

User rights

Right of revocation

Provided there are no exceptions, the user can withdraw from the contract within the period specified below (usually 14 days) without giving reasons. In this section, users can find out more about the withdrawal conditions.

To whom the right of withdrawal applies

Under EU law, European consumers have a statutory right of withdrawal for contracts concluded online (distance contracts). They may withdraw from the contract within the period applicable to their case for any reason and without justification. This right of withdrawal applies insofar as no exceptions are listed below. The rights set out in this section do not apply to users who are not European consumers.

Exercising the right of revocation

In order to exercise his right of withdrawal, the user must send the provider a clear declaration of his decision to withdraw. For this purpose, the user may use the model withdrawal form contained in the "Definitions" section of this document. However, users are free to express their decision to withdraw by means of an unambiguous declaration in another suitable manner. In order to meet the deadline for exercising this right, the user must send the declaration of withdrawal before the withdrawal period expires. When does the withdrawal period expire?

• When purchasing goods, the withdrawal period ends 14 days after the day on which the user or a third party named by the user, who is not the carrier, comes into possession of the goods.

• If several goods are purchased in one order, but delivered separately, the withdrawal period ends 14 days after the day on which the user or a third party named by the user, who is not the carrier, comes into possession of the last delivered goods, the last batch or the last part.

• In the case of contracts that provide for a recurring delivery of goods over a certain period of time, the withdrawal period ends 14 days after the day on which the user or a third party named by the user, who is not the carrier, comes into possession of the first goods.

• When purchasing a service, the withdrawal period ends 14 days after conclusion of the contract, unless the user has waived the right of withdrawal.

Effects of the revocation

Users who properly withdraw from a contract will be refunded all payments made to the provider, including delivery costs where applicable. However, the provider is not obliged to reimburse additional costs if the user has opted for a type of delivery other than the cheapest standard delivery offered by the provider. The refund will be made immediately, but no later than 14 days after the day on which the provider is informed of the user's decision to withdraw from the contract. The provider shall make the refund using the same means of payment that the user used for the original transaction, unless expressly agreed otherwise with the user. In any case, the user will not incur any costs or fees as a result of the refund.

...when purchasing goods

The user must return or hand over the goods to the provider or a person authorised by the provider to receive the goods without delay and in any case within 14 days at the latest from the day on which he informed the provider of his decision to withdraw from the contract, unless the provider has offered to collect the goods himself. The deadline is met if the user hands over the goods to the carrier before the expiry of the 14-day period or returns the goods in another way as described above. The Provider may refuse to refund the User until it has received the goods back or until the User has provided proof that it has returned the goods, whichever is the earlier. The user shall only be liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

The cost of returning the goods shall be borne by the user.

...for service contracts

If a user exercises the right of cancellation after having requested the performance of the service before the expiry of the cancellation period, the user shall pay the provider an amount proportionate to the part of the service provided. This amount is calculated on the basis of the contractually agreed total price and corresponds proportionally to what has been provided up to the time of cancellation compared to the total scope of the contractually agreed services.

Warranties

Under EU law, traders are liable for the conformity of the goods they sell for a period of at least two years from delivery. This means that traders must ensure that the purchased goods have the promised or reasonably expected quality, functionality or characteristics for at least two years after delivery to the buyer. For users acting as European consumers, the statutory warranty right applies to goods available via this website in accordance with the laws of their country of habitual residence. The national laws of these countries may grant users more extensive rights. For users who are not acting as European consumers, the warranty rights of the country in which they have their habitual residence apply.

Liability and indemnification

Unless expressly stated otherwise or agreed with the users, the provider's liability for damages in connection with the performance of the contract is excluded, limited and/or restricted to the extent permitted by applicable law.

Indemnification

To the extent permitted by applicable law, the User agrees to indemnify and hold harmless the Provider and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees from any third party claims or demands, including, but not limited to, attorneys' fees and costs, which are asserted on the basis of or in connection with a culpable violation of these GTC, third-party rights or statutory provisions in connection with the use of the Service by the User or its agents, officers, directors, representatives, Co-Branders, partners and employees. The foregoing shall also apply to any claims asserted by third parties (including, but not limited to, the Owner's clients or customers) against the Owner in connection with the digital products provided by the User, such as claims for defects.

Limitation of liability

Unless expressly stated otherwise and without prejudice to the applicable statutory provisions, users shall have no claims for damages against the provider (or any natural or legal person acting on its behalf). This does not apply to damages resulting from injury to life, health or physical integrity or to damages resulting from the breach of essential contractual obligations, such as an obligation that is absolutely necessary to achieve the purpose of the contract, and/or to damages caused by intent or gross negligence, provided that this website has been used properly and appropriately by the user. Insofar as damages were not caused wilfully or through gross negligence or do not affect life, health or physical integrity, the provider shall only be liable to the amount of the typical and foreseeable damage at the time the contract was concluded.

Common provisions

No waiver

Failure by the Provider to assert any right under these GTC or to enforce any provision of these GTC shall not constitute a waiver of such right or provision. No waiver shall be deemed a further or continuing waiver.

Service interruption

In order to ensure the best possible service, the provider reserves the right to interrupt the service for maintenance, system updates or other changes. The provider will inform users accordingly. The provider may also suspend or terminate the service completely within the framework of the statutory provisions. In the event of termination of the Service, the Provider shall give Users the opportunity to secure personal data or information in accordance with applicable law and shall take into account any claims of Users for continued use and/or damages under applicable law. In addition, the Service may be unavailable for reasons beyond the Provider's control (so-called "force majeure" reasons) (e.g. infrastructure failures or power outages, etc.).

Resale

Users may not reproduce, duplicate, copy, sell, resell or exploit this Site and the Service in any way without the express prior written permission of the Provider, granted either directly or through a legitimate reseller programme.

Privacy policy

To find out more about the use of their personal data, users can view the service's privacy policy on this website.

Intellectual property rights

Notwithstanding anything more specific in these Terms, all intellectual property rights, such as copyrights, trademarks, patent rights and design rights, relating to the Service (this Website) are the exclusive property of the Provider or its licensors and are protected by applicable law or international treaty provisions relating to intellectual property. All trademarks, trade names or figurative marks - and all other trademarks, trade names, service marks, word marks, illustrations, images or logos - appearing in connection with the Service (this Website) are and shall remain the exclusive property of the Provider or its licensors and are protected by applicable intellectual property laws or international treaties.

Changes to these GTC

The provider reserves the right to change or otherwise modify these GTC at any time. In this case, the provider will inform the user appropriately about these changes. Such changes shall only apply to the contractual relationship from the date notified to the user. By continuing to use the products and services, the user accepts the amended GTC. If users do not wish to be bound by the changes, they must stop using the service and may terminate the contract. If the revised terms and conditions are not accepted, either party may terminate the contract. For the relationship prior to the acceptance of the changes by the user, the respective valid previous version of the GTC shall apply. The User may obtain any previous version of the GTC from the Provider. If required by law, the Provider shall inform the User in advance of the entry into force of the amended terms and conditions.

Assignment

The Provider reserves the right to transfer, assign, replace by novation or pass on all rights and obligations arising from these GTC, taking into account the legitimate interests of the User. The provisions on amendments to the GTC shall apply accordingly. Users may not assign or transfer their rights or obligations under the GTC in any way without the written authorisation of the Provider.

Contact

All communications relating to the use of the products and services must be sent to the contact details provided in this document.

Severability clause

Should any provision of these GTC be or become invalid or unenforceable under applicable law, this shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

EU users

Enter your textaIf any provision of these GTC is or is deemed to be invalid or unenforceable, the parties shall use their best endeavors to reach an amicable agreement on valid and enforceable provisions to replace the invalid, unenforceable or ineffective parts. Otherwise, the ineffective, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, insofar as this is permissible or provided for under the applicable law. Notwithstanding the foregoing, the nullity, invalidity or unenforceability of individual provisions of these GTC shall not result in the nullity of the entire agreement, unless the provisions in question are essential to the contract or are of such importance that the parties would not have concluded the contract if they had known of the invalidity of the provision. If the remaining provisions would lead to unreasonable hardship for one of the parties, the invalidity of the individual provision shall result in the invalidity of the entire agreement.

Applicable law

These GTC are subject to the law of the place where the provider has its registered office, with the exception of conflict of laws provisions. Users can find the location of the registered office in the relevant section of this document.

Place of jurisdiction

The courts of the place where the provider has its registered office - as indicated in this document - shall have exclusive jurisdiction over all disputes arising out of or in connection with these GTC.

Dispute resolution

Amicable dispute resolution

Users can address all disputes to the provider, who will attempt to resolve them amicably. The user's right to take legal action remains unaffected at all times. However, in case of disputes regarding the use of the Service (this Website) or the Service, the User is invited to contact the Owner using the contact details provided in this document. The User may send the complaint, including a brief description and, if applicable, the details of the related order, purchase or account, to the email address of the Provider indicated in this document. The provider will process the request immediately within 2 days of receipt.

Online dispute resolution for consumers

The European Commission has set up an online platform for alternative dispute resolution, which provides an out-of-court procedure for resolving disputes relating to online contracts with consumers. As a result, consumers in the EU, Norway, Iceland or Liechtenstein can use this platform to resolve disputes arising from contracts concluded online. The platform is available at the following link.

Germany: Dispute resolution procedures with consumer arbitration boards

The provider does not participate in alternative dispute resolution procedures for consumers under the German Consumer Dispute Resolution Act (Verbraucherstreitbeilegungsgesetz).

Frankreich: Mediation

Within one year of submitting a written complaint to the provider regarding a dispute arising from these GTC, consumers have the right to initiate a mediation procedure before a mediation body recognized by the French government. The relevant list is available at the following link: https://www.economie.gouv.fr/mediation-conso/mediateurs-references.