Lettersoup Terms & Conditions of Business
Botio Nikoltchev, Malmöer Str. 14, 10439 Berlin (referred to in the following as „lettersoup“) exclusively supplies entrepreneurs according to section 14 BGB (German Civil Code) (referred to in the following as „customer“). For the business relationship between lettersoup and the customer shall exclusively apply the terms and conditions set forth herein below in the version applicable at the time of the conclusion of contract. These terms and conditions are also published in the German language. In case of doubt about any questions concerning their interpretation, the German version of the terms and conditions shall apply exclusively.
1. Conclusion of contract
The contract may also be concluded in English. The contract between the customer and lettersoup is deemed concluded with the order of the customer (legally: offer) and the provision of the download of the merchandise (legally: acceptance).
Specifically, the following technical steps lead to the conclusion of contract:
1) Selection of the merchandise and the license through clicking
2) Adding the goods and the license to the cart (“Add to cart”)
3) The possibility of recognizing and if necessary correcting any wrong entry in the cart (“CART”) through deleting the or an item.
4) Login or registering to enter customer data
5) Clicking the “Buy Now” button
6) Entering the information necessary for payment
7) Providing the merchandise for download
The text of the contract is saved by lettersoup and can be viewed by the customer in the “My account” and “Orders” sections at any time. Moreover, customers may request the text of the contract to be sent by e-mail at any time.
2. Reservation of ownership
lettersoup reserves the ownership and the exclusive rights to the delivered goods until such time as all claims against the customer arising from the ongoing business relationship have been settled.
The customer shall only be allowed to set-off claims of lettersoup against claims of his own right if they are uncontested, ready for decision, or have been established by a declaratory judgement.
The limitation period for any claims arising from defects shall be one year from the passing of risk. Any liability arising from fraudulent concealment of a damage, from a warranty, or from breach of duty, for which lettersoup would be liable according to section 6, as well as rights of recourse according to § 478 of the German civil code, shall remain unaffected thereby.
The Vendor is liable for damages exclusively on the grounds of section 6.
Otherwise, statutory provisions shall apply for the warranty.
lettersoup is liable without limitation for damages caused intentionally or as a result of gross negligence. lettersoup shall only be liable for damage resulting from slightly negligent conduct in case such conduct results in an injury to the life, the body or the health, or in a fundamental breach of contract. Material contractual obligations are obligations that are absolutely necessary for the proper performance of the contract, the performance of which the customer has relied upon and indeed was entitled to rely upon. In the case of slight negligence resulting in a breach of contractual obligations, liability shall be limited in its amount to the foreseeable, typically occurring damage. The preceding limitations of liability apply also for the benefit of legal representatives and vicarious agents of lettersoup. The above-mentioned limitations of liability are not valid in case of fraudulent concealment of a damage, or in case warranty for the condition of the goods or service has been assumed on part of lettersoup. The same shall apply for claims of the customer according to the Product Liability Act.
6. Governing law and jurisdiction
All contracts entered between lettersoup and the customer, as well as these General Terms and Conditions, shall be subject to the Law of the Federal Republic of Germany, excluding the UN-Convention on Contract for the International Sale of Goods (CISG). The statutory provisions for limiting the choice of law and the applicability of mandatory provisions in particular by the state, in which the customer has his habitual residence, shall remain unaffected.
For all conflicts the sole jurisdiction for both parties is agreed to be Berlin, provided the other party is a trader, a legal entity under public law, or a separate public estate. If the substantive jurisdiction is within the jurisdiction of the local courts (Amtsgerichte), the judicial venue is the local court Amtsgericht Mitte.
Effective: November 2017