General Terms and Conditions
Scope of Application
These terms and conditions apply to all mindful communication badges generated by services of sense.AI.tion GmbH.
Conclusion of Contract
The presentation of the option to generate mindful communication badges constitutes a concrete offer on our part to conclude a usage contract. By creating a badge, you accept the offer and the contract is concluded.
Prices and Shipping Costs
The creation of a mindful communication badge is free of charge for you.
Delivery
(1) Delivery takes place directly after creation on a web page.
(2) If force majeure (natural disasters, war, civil war, terrorist attack, energy rationing) makes delivery impossible, sense.AI.tion GmbH is released from the obligation to perform.
(3) sense.AI.tion GmbH may also refuse to perform if the performance requires an effort that, taking into account the content of the usage contract and the principles of good faith, is grossly disproportionate to the customer’s interest in the fulfillment of the usage contract.
(4) sense.AI.tion GmbH may refuse to perform if the service is being used in an abusive manner.
Liability
(1) In the case of slight negligence, sense.AI.tion GmbH is only liable for the breach of essential contractual obligations and is limited to foreseeable damage. This limitation does not apply to injury to life, body, or health. sense.AI.tion GmbH is not liable for other damage caused by slight negligence due to a defect in the service.
(2) Regardless of any fault on the part of sense.AI.tion GmbH, any liability of sense.AI.tion GmbH in the event of fraudulent concealment of a defect or from the assumption of a guarantee remains unaffected. The manufacturer’s guarantee is a guarantee of the manufacturer and does not constitute an assumption of a guarantee by sense.AI.tion GmbH.
(3) The personal liability of the legal representatives, vicarious agents, and employees of sense.AI.tion GmbH for damage caused by their slight negligence is excluded.
Applicable Law
The contract concluded between you and sense.AI.tion GmbH is subject exclusively to the law of the Federal Republic of Germany, with the express exclusion of the UN Convention on Contracts for the International Sale of Goods. The mandatory provisions of the state in which you have your habitual residence remain unaffected.
Place of Jurisdiction
If, contrary to your information provided when placing the order, you do not have a domicile in the Federal Republic of Germany, or if you move your domicile abroad after the conclusion of the contract, or if your domicile is unknown at the time of filing the lawsuit, the place of jurisdiction for all disputes arising from and in connection with the contractual relationship is Germany.
Dispute Resolution
General information obligations on alternative dispute resolution pursuant to Art. 14(1) ODR Regulation and Sect. 36 of the German Consumer Dispute Resolution Act (VSBG):
The European Commission provides a platform for online dispute resolution (ODR), which you can find at this address: http://ec.europa.eu/consumers/odr/. We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
Final Provisions
(1) Should individual provisions of this contract be or become wholly or partially invalid or void, the validity of the remaining contract shall not be affected, insofar as a contracting party is not unreasonably disadvantaged thereby.
(2) Amendments or supplements to this contract require written form.