General terms and conditions

for orders via the online store get-started.online

§ 1 Applicability, definitions of terms

(1) conmerx UG (haftungsbeschränkt), Wallen-Lienen 64, 49545 Tecklenburg, Germany (hereinafter referred to as “we” or “get-started.online”) operates an online store for goods, digital goods and services under the website https://get-started.online. The following general terms and conditions apply to all services between us and our customers (hereinafter: “Customer” or “you”) in the version valid at the time of the order, unless otherwise expressly agreed. (2) “Consumer” within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. “Entrepreneur” means a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of his commercial or independent professional activity, a partnership with legal capacity being a partnership endowed with the capacity to acquire rights and incur liabilities.

§ 2 Conclusion of the contracts, storage of the contract text

(1) The following provisions on the conclusion of contracts apply to orders placed via our online store at https://get-started.online. (2) Our product presentations on the Internet are non-binding and do not not a binding offer to conclude a contract. (3) Upon receipt of an order in our online store, the following provisions shall apply: The customer makes a binding offer to enter into a contract by successfully completing the order procedure provided in our online store. The order is made in the following steps:

Selection of the desired goods, digital goods, selected service(s),
Adding the products by clicking the appropriate button (e.g. “Add to cart”, “Add to shopping bag” or similar),
checking the information in the shopping cart,
calling up the order overview by clicking on the corresponding button (e.g. “Continue to checkout”, “Continue to payment”, “To order overview” or similar),
entry/verification of address and contact details, selection of payment method, confirmation of GTC and cancellation policy,
If the agreed quality of the goods deviates from their usual quality and conditions of use, confirmation of a negative quality agreement,
completion of the order by pressing the button “Buy now”. This constitutes your binding order.
The contract is concluded when you receive an order confirmation from us within three working days to the specified e-mail address.

(4) In case of conclusion of the contract, the contract is concluded with conmerx UG (haftungsbeschränkt), Wallen-Lienen 64, 49545 Tecklenburg, Germany. (5) Before ordering, the contract data can be printed out or electronically saved using the browser’s print function. The processing of the order and transmission of all information required in connection with the conclusion of the contract, in particular the order data, the GTC and the cancellation policy, is carried out by e-mail after the order has been placed by you, partly automatically. We do not store the contract text after conclusion of the contract. (6) Input errors can be corrected using the usual keyboard, mouse and browser functions (e.g. “back button” of the browser). They can also be corrected by canceling the order process prematurely, closing the browser window and repeating the process. (7) The processing of the order and transmission of all information required in connection with the conclusion of the contract shall be carried out by e-mail, partly automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.

§ 3 Subject matter of the contract and essential characteristics of the products

(1) In our online store is the subject of the contract:

The sale of goods. You can see the concrete offered goods on our article pages.
The sale of digital goods, e.g. software or media downloads. The specific digital goods offered can be found on our item pages.
The provision of services. The concrete services offered can be found on our article pages.

(2) If a contract for goods with digital elements or for digital products (digital content and services) is concluded with a consumer and the statutory obligation to update is not effectively excluded by contract, the function-maintaining updates and required security updates shall also be the subject matter of the contract. (3) The essential characteristics of the goods, digital goods and services can be found in the item description. If the agreed quality of the goods deviates from their usual quality and conditions of use, this will be expressly pointed out in the article description (negative quality agreement). Insofar as the customer has given his express consent to the negative deviation in quality, this defines the subject matter of the contract. (4) The sale of digital products shall be subject to the restrictions apparent from the product description or otherwise resulting from the circumstances, in particular with regard to hardware and/or software requirements for the target environment. Unless expressly agreed otherwise, the subject matter of the contract is only the private and commercial use of the products without the right to resell or sublicense.

§ 4 Prices, shipping costs and delivery

(1) The prices listed in the respective offers as well as the shipping costs are total prices and include all price components including all applicable taxes. (2) The respective purchase price is to be paid before delivery of the product (advance payment), unless we expressly offer purchase on account. The payment methods available to you are shown under a correspondingly designated button in the online store or in the respective offer. Unless otherwise specified in the individual payment methods, the payment claims are due for payment immediately. (3) For a purchase on account, the minimum order value is 100.00 euros for this payment method. (4) In addition to the stated prices, shipping costs may be incurred for the delivery of products, unless the respective item is designated as free of shipping costs. The shipping costs will be clearly communicated to you again on the offers, if applicable in the shopping cart system and on the order overview. (5) All products offered are, unless clearly stated otherwise in the product description, ready for immediate shipment (delivery time: 1 – 3 business days after receipt of payment or after receipt of the order in case of purchase on account). (6) The following delivery area restrictions apply: Delivery is made to the following countries: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden.

§ 5 Actualizations, updates, obligations of the consumer to cooperate

(1) Insofar as a contract for goods with digital elements or for digital products (digital content and services) is concluded with a consumer and the statutory update obligation is not effectively excluded by contract, the customer shall be provided with regular updates that ensure the functionality and (IT) security of the purchased item (e.g. security updates against new security threats, etc.). (2) We are also authorized to use a third party (e.g. the manufacturer or its supplier) to provide the updates. (3) The time period in which updates are provided depends on the type of the respective purchased item and is explained in the item description. (4) Consumers will be informed about the provision of updates as well as their proper installation (by e-mail). (5) The Customer is obligated to install provided updates properly according to the installation instructions.

§ 6 Right of Retention, Retention of Title

(1) You may only exercise a right of retention insofar as it concerns claims from the same contractual relationship. (2) The goods remain our property until full payment of the purchase price.

§ 7 Right of withdrawal

As a consumer you have a right of withdrawal. This is governed by our cancellation policy.

§ 8 Liability

(1) Subject to the following exceptions, our liability for contractual breaches of duty and for tortious acts shall be limited to intent or gross negligence. (2) We shall be liable without limitation in the event of slight negligence in the event of injury to life, limb or health or in the event of breach of a material contractual obligation. If we are in default of performance due to slight negligence, if performance has become impossible or if we have breached a material contractual obligation, liability for material damage and financial loss resulting therefrom shall be limited to the damage typically foreseeable under the contract. An essential contractual obligation is an obligation the fulfillment of which makes the proper execution of the contract possible in the first place, the violation of which endangers the achievement of the purpose of the contract and the compliance with which you may regularly rely on. This includes, in particular, our obligation to take action and to fulfill the contractually owed performance, which is described in § 3. (3) If, when purchasing goods with digital elements or purchasing digital products (digital content and services), the customer fails to install within a reasonable period of time an update that has been provided to him and of whose availability he has been informed, we shall not be liable for a material defect that is solely attributable to the absence of this update.

§ 9 Contract language

Only German is available as the contract language.

§ 10 Warranty

(1) The warranty shall be governed by the statutory provisions. (2) The warranty period for delivered goods vis-à-vis entrepreneurs shall be 12 months. (3) As a consumer, you are requested to check the item/digital goods or the service provided for completeness, obvious defects and transport damage immediately upon fulfillment of the contract and to notify us and the carrier of any complaints as soon as possible. If you do not comply with this, this will of course have no effect on your statutory warranty claims.

§ 11 Final Provisions/Dispute Resolution

(1) German law shall apply. In the case of consumers, this choice of law shall apply only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the law of the country of the consumer’s habitual residence (favorability principle). (2) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply. (3) If the Customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Customer and the Provider shall be the Provider’s registered office. (4) Die Europäische Kommission stellt eine Plattform zur Online-Streitbeilegung (OS) bereit, die du unter https://ec.europa.eu/consumers/odr findest. Zur Teilnahme an einem Streitbeilegungsverfahren vor einer Verbraucherschlichtungsstelle sind wir nicht verpflichtet und nicht bereit.

General terms and conditions

for the get-started.online partner program

§ 1 Preamble

(1) The company conmerx UG offers in its online store on the website get-started.online an affiliate partner program (hereinafter get-started.online affiliate program). The contractual partner participates as a program participant ( hereinafter referred to as Affiliate).
The following contractual conditions apply exclusivelyto all affiliate partner contracts.

(2) Deviating terms and conditions of the participants are not binding, unless they have been specifically accepted in writing by conmerx UG.

§ 2 Conclusion of contract

(1) These GTC govern the contractual rights and obligations between conmerx UG and the participating Affiliates.

(2) The contract is concluded after registration of the participant by acceptance of conmerx UG. Any provisions to the contrary or deviating from these Conditions of Participation must be made in writing. Any deviating provisions and/or verbal collateral agreements shall therefore only apply to the extent that they have been expressly confirmed in writing by conmerx UG.

(3) Contractual partners of the get-started.online partner program may only be natural persons and legal entities with full legal capacity.

(4) conmerx UG reserves the right to change these terms and conditions at any time. The participants of the program will be informed about changes in time by e-mail.

§ 3 Registration and Conditions of Participation

(1) To participate in the affiliate program, the affiliate applies via the registration form on get-started.online.

(2) The conmerx UG must expressly agree to the partnership, only after that the Affiliate is entitled to advertise the offers of get-started.online and to claim the commission. The affiliate has no right to participate in the affiliate program.

(3) Only websites that are registered to the registering Affiliate, contain a complete imprint in accordance with the respective applicable legal provisions and whose content does not violate applicable law of the Federal Republic of Germany may be registered.

(4) The affiliate advertises the offers of get-started.online by means of advertising texts or/and by integrating hyperlinks and advertising banners (if a visitor of the affiliate partner clicks on the integrated advertising material, he will be directed to the online store of get-started.online). If recruited visitors make purchases in the get-started.online store, conmerx UG pays the affiliate a performance-related commission. The amount of this commission results from the individual agreement between conmerx and the affiliate (currently 20% of the purchase price).

(5) Participation in the Partner Program is free of charge for the Affiliate.

(6) As soon as conmerx UG agrees to an Affiliate’s participation in the Affiliate Program, conmerx UG will provide the Affiliate with the corresponding advertising links. The integration of the advertising links is the sole responsibility of the Affiliate. This also applies to placement and labeling, frequency of inclusion, and similar issues. The correct technical integration to ensure correct billing is the responsibility of the affiliate. conmerx UG accepts no liabilityfor any disadvantages suffered by the Affiliate due to incorrect integration.
The Affiliate is not authorized, to change the advertising links (HTML codes) or tags made available to him in any way, for whatever reason or for whatever purpose. Furthermore, the Affiliate is not permitted to integrate the advertising material into e-mails whose recipients have not expressly agreed to receive these e-mails (spam).

(7) The Affiliate undertakes to keep its contact data stored on get-started.online, in particular its e-mail address, up to date at all times. Any disadvantages suffered by the Affiliate due to delayed information as a result of inadequate or outdated contact data shall be the Affiliate’s sole responsibility.

§ 4 Payment of commissions

(1) Sales are recorded and commissions calculated exclusively via the get-started.online partner program. The logs can be viewed in the protected affiliate partner area.

(2) The Affiliate shall only be entitled to commission if conmerx UG has declared the release of the commission. The release of the commission and the associated credit to the affiliate’s commission account will take place 21 days after the successful fulfillment of the purchase contract between the mediated buyer and conmerx UG.

(3) The payment of commissions to the Affiliate shall only be made when the Affiliate’s commission account has a credit balance of at least 20 Euros. Credit balances on the commission accounts with conmerx UG do not bear interest.
If the Affiliate ‘s credit balance exceeds the payout limit of 3 years since participation, the payout limit of 20,- euros or if there has been no change in the account balance within no change in the account balance occurs, the corresponding commission account is closed. Any credit balance of less than 20,- Euro on the Affiliate’s account will not be paid out.

(4) The commissions of the commission account shall be paid out by offsetting them against purchases of goods.

(5) If conmerx UG terminates the Partner Program, the credit balance of the commission account will be paid out on the 1st of the following month, irrespective of the amount of the credit balance (the payout limit does not apply in this case).

(6) For the calculation of the commission, sales are taken into account when the sale, delivery and full payment of the goods are completed. The calculation refers to the net cart value, less shipping costs and cancellations, if any.

§ 5 Term and end of contract

(1) Agreements concluded between the contracting partner and conmerx UG on the basis of these terms and conditions shall be valid for an indefinite period of time.

(2) The Affiliate is entitled to terminate the cooperation with conmerx UG at any time. If the Affiliate terminates the cooperation with conmerx UG, any credit balance of the Affiliate will be settled.

(3) The Affiliate may terminate the cooperation with conmerx UG at any time by sending an e-mail to [email protected]. Any termination is valid immediately. From the moment of termination, no advertising successes of the Affiliate will be counted or used to calculate the entitlement to commissions.

(4) conmerx UG is entitled to terminate the cooperation with the Affiliate at any time. If conmerx UG terminates the cooperation with the Affiliate, any credit balance of the Affiliate will be settled.

§ 6 Data protection

The data of the participants will be stored by conmerx UG for contract processing and communication within the partner program. They will only be used within the framework of the fulfillment of the contract and will neither be passed on to third parties nor used for advertising purposes.

§ 7 Amendment of these GTC

The conmerx UG is entitled to change and adapt these GTC during the current membership. commerx UG shall send the amended terms and conditions to the contracting parties by e-mail in text form and shall make special reference to the new provisions. At the same time, conmerx UG shall grant the contracting parties a reasonable period of time to declare whether they accept the amended GTC for the further use of the services. If no declaration is made within this period, the amended GTC shall be deemed agreed. conmerx UG shall expressly draw the attention of the contracting parties to this legal consequence at the beginning of the period. If a contracting party objects to the amendment of these GTC, conmerx UG shall be entitled to terminate the contract without notice as of the effective date of the amended GTC.

§ 8 Final provisions

(1) The place of performance for all obligations and the place of jurisdiction for all disputes arising from the contractual relationship shall be the registered office of conmerx UG (Tecklenburg/Germany), provided that the contractual partner is a merchant or a legal entity under public law.

(2) The law of the Federal Republic of Germany shall apply exclusively, to the exclusion of private international law and the UN Convention on Contracts for the International Sale of Goods. Excluded from this are claims in the field of industrial property rights and copyright.

(3) Any invalidity of a provision of these GTC shall not affect the validity of the remaining provisions of these GTC.