General terms and conditions of THE ARC GmbH, Mathiesstraße 16, 44147 Dortmund, Germany, for the web presence www.deepskydata.com
1. Scope of application, conclusion of contract
1.1. The general terms and conditions (hereinafter "T&C") apply to all our (THE ARC GmbH, Mathiesstraße 16, 44147 Dortmund, Germany) services to customers on and through the website www.deepskydata.com
1.2. The general terms and conditions (hereinafter "T&C") apply to all our (THE ARC GmbH, Mathiesstraße 16, 44147 Dortmund, Germany) services to customers on and through the website www.deepskydata.com
2. Formation of the contract, storage of contract data, contract language, termination
2.1. The presentation of the services in our online offer does not represent a legally binding offer, but a non-binding online catalog.
2.2. By submitting the registration (opening a customer account with e-mail address and password) in the final step of the registration process, the customer makes a binding offer to register. During the registration process, the customer can correct or cancel the registration process at any time before clicking the final button "join for free".
2.3. After registration, the customer receives a confirmation of receipt of the registration from us, in which he also receives our terms and conditions again, including the cancellation policy. This does not constitute an acceptance of the customer's offer and therefore does not constitute the conclusion of a contract.
2.4. We can accept the customer's registration by sending a separate order confirmation by e-mail or by activating his registration and sending a corresponding activation e-mail within seven days. Therewith the contract comes into effect.
2.5. There are currently no fees for the bookings. Only the registration on our website and the retrieval of one or more videos after registration are required to use the offer.
2.6. We store the contract data for a period of six months after termination of registration. After that, the registration data will be deleted. Until then, the contract data can be requested by the customer free of charge at: [email protected]
2.7. The contract language is English.
2.8. Both parties are entitled at any time to terminate the contractual relationship entered into by the customer's registration with a notice period of one week. For this purpose, we offer the customer a cancellation button online in his customer account area.
3. Right of withdrawal
If the customer is a consumer within the meaning of § 13 BGB, he has a right of withdrawal as follows:
You have the right to revoke the concluded contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract.
To exercise your right of withdrawal, you must inform us of your decision (THE ARC GmbH, Mathiesstraße 16, 44147 Dortmund, Germany, phone: +49 176 845 156 59, E-Mail: [email protected]) to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an e-mail). You can use the attached sample withdrawal form for this purpose, which is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of withdrawal
If you revoke this contract, we shall reimburse you for all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen another type of delivery than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with respect to this contract compared to the total scope of the services provided for in the contract.
End of cancellation policy
Sample withdrawal form:
E-Mail: [email protected]
if necessary further:
(*) Delete where not applicable
4. Modification of the T&C, termination in the event of a change of provider
We are entitled to amend these general terms and conditions at any time for the future. The amended terms and conditions shall be sent to the customer by e-mail no later than 8 (eight) weeks before they come into force. The customer will be asked to confirm within four (4) weeks of the sending of the new T&C that these will apply as the basis of the contract instead of the previous T&C from the date stated in the notification. If the customer expressly confirms this, the new T&C shall become part of the contract instead of the previous T&C as of the validity date stated in the transmission. If the customer does not confirm this within the period of four (4) weeks or if he even expressly objects to the new T&C, the previous T&C shall remain valid for the contractual relationship between him and us. In this case, however, we shall be entitled to terminate the contractual relationship after expiry of the aforementioned period of four (4) weeks with a notice period of two (2) weeks.
In the announcement of change, we will once again point out the significance of the deadlines and the consequences of the respective action or inaction under the above provisions.
It is possible that we will discontinue our offer at a later date or transfer it to a new legal entity yet to be established. We will also inform the customer of this in good time by e-mail and give him the option of switching to the new legal entity as a contractual partner or not - entirely according to his wishes. If the customer does not wish to change, we shall then be entitled - in addition to the ordinary right of termination that exists anyway (cf. Section 2.8) - to terminate the existing contractual relationship with two weeks' notice.
5. Online dispute resolution
Information on online dispute resolution pursuant to article 14 Abs. 1 ODR-VO:
The EU Commission provides a platform for online dispute resolution (ODR platform) of consumer disputes arising from online sales contracts and online service contracts.
You can reach this platform on: http://ec.europa.eu/consumers/odr/.
We do not participate in dispute resolution proceedings before a consumer arbitration board.
6.1. This shall not apply in the event of fraudulent concealment of a defect, non-compliance with a guarantee of quality, injury to life, limb or health and/or in the event of an intentional or grossly negligent breach of duty by us or in the event of a breach of duties the fulfillment of which is essential for the proper performance of the contract and on the observance of which the customer may regularly rely (so-called essential contractual duties/cardinal duties). Claims under the Product Liability Act shall also remain unaffected by this limitation of liability. This limitation of liability applies equally to breaches of duty by our executive bodies and vicarious agents.
6.2. The claim for damages for breach of material contractual obligations is limited to the foreseeable damage typical for the contract, unless there is intent or gross negligence or liability for injury to life, limb or health.
6.3. The above limitations of liability shall apply equally to claims for reimbursement of futile expenses (§ 284 BGB). A change in the burden of proof to the detriment of the customer is not associated with the above provisions.
7. Final provisions
7.1. The law of the Federal Republic of Germany shall apply to these terms and conditions and the contracts concluded under their validity, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection regulations of the country in which the customer, who is a consumer, is domiciled, remain unaffected.
7.2. If the client is a merchant, a legal entity under public law or a special fund under public law, the following shall apply: The exclusive place of jurisdiction for all legal disputes arising from the business relationship with the Contractor shall be Dortmund, Germany.
Status: December 2022