1. Conclusion of a contract
The following applies to our Webshop: The display of our products and services in our online store does not constitute a legally binding offer, but a non-binding catalog of the products and services offered by us. By placing an order, you are submitting to us an offer to enter into a corresponding contract. You are bound to your offer for a period of two working days at our registered office. Within this period we can confirm the acceptance of your offer, which is usually done by successful completion of the payment process, execution of the order or confirmation of the conclusion of the contract in text form. An automated email sent by us confirming the receipt of your order is not an acceptance of your offer to conclude a contract.
The following applies to offers outside our webshop for business customers: Our offers are subject to change. With the acceptance of an offer, the customer declares bindingly that he wishes to order the services indicated. We are entitled to accept the contract offer submitted with the customer’s order within one week of receipt. The acceptance can be declared either explicitly or by the start of the processing of the order. Deviating, conflicting or supplementary terms and conditions of the customer shall not become part of the contract, even if we are aware of them unless their validity is expressly agreed. These terms and conditions shall also apply if we perform the service without reservation in the knowledge of terms and conditions of the customer that are contrary to or deviate from our terms and conditions or additional terms and conditions.
2. Information in respect to purchases in our webshop
For the conclusion of the agreement, we provide our website in English language.
Data entered during an order process can be corrected by you at any time on the respective website before visiting the next page. In addition, you can change the data you have entered by going back to a previous website (e.g. by using the browser).
The complete text of the agreement is not stored by us and can no longer be retrieved by you after the order process has been completed. However, you have the option to print or save the relevant websites of our webshop with your browser before submitting your order. After receipt of your order, we will send you a summary of your order, the legally required information for telesales contracts, and our General Terms and Conditions by e-mail.
All purchases are binding and final. Neither party does have the right to cancel a paid agreement for a product or service without good cause. Legal claims for defects and the revocation right of consumers remain unaffected.
4. Right of withdrawal for the purchase of digital content and services for consumers (Verbraucher gem. § 13 BGB)
Right of withdrawal
You have the right to revoke this agreement within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the agreement.
To exercise your right of revocation, you must inform us
c/o Factory Berlin Görlitzer Park
Lohmühlenstraße 65, 12435 Berlin
by means of a clear declaration (e.g. e-mail) of your decision to revoke this contract. You can use the attached sample revocation form for this purpose, which is, however, not mandatory.
To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this agreement, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest 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 agreement. For this repayment, we will use the same means of payment that you used for the original transaction unless expressly stipulated otherwise with you; in no case will you be charged for this repayment.
5. Sample revocation form
Sample revocation form
(If you want to revoke the agreement, please fill out this form and send it back).
I/we () hereby revoke the agreement concluded by me/us () for the purchase of the following goods ()/provision of the following service ().
Ordered on ()/received on ()
Name of the consumer(s)
Address of the consumer(s)
Signature of consumer(s) (only in case of paper communication)
() Please delete where inapplicable
- Liability for intent and gross negligence is unlimited.
- In the event of a breach of essential contractual obligations due to simple negligence, liability shall be limited to foreseeable and contract-typical damages. Essential contractual obligations are those whose fulfillment is essential for the proper performance of the Agreement and on whose fulfillment the injured party may regularly rely.
- Paragraph 2 shall not apply to claims arising from injury to body, health or life, in the event of fraudulent conduct, in the event of the assumption of a guarantee, in the event of liability for initial incapacity or impossibility for which we are responsible as well as for claims under the Product Liability Act.
- Liability shall otherwise be excluded, irrespective of the legal grounds.
- For business customers according to § 14 BGB claims based on Sec. 2 are time-barred after one year.
- For consumers: The statutory provisions shall apply to any defects in the services.
- For business customers (§ 14 BGB): The statutory provisions shall apply to any defects in the services unless stipulated otherwise: Defects shall be remedied at our discretion by repair or replacement. As far as it is reasonable for the customer, the rectification of a defect can also be carried out by providing a so-called workaround (circumvention of a defect). A limitation period of one year is stipulated for claims based on defects. This period shall not apply to claims for damages due to the infringement of claims for defects; in this respect, the regulations on liability shall apply.
You may provide us with ideas, opinions, recommendations, feedback, or advice in connection with your use of the Services (collectively, “Feedback”). If you submit Feedback to us, you hereby grant us an irrevocable, perpetual, transferable, non-exclusive, fully-paid-up, royalty-free, worldwide license (sublicensable through multiple tiers) to: (a) use, copy, distribute, reproduce, modify, create derivative works of, adapt, publish, translate, publicly perform, and publicly display such Feedback (or any modification thereto), in whole or in part, in any format, medium or application now known or later developed; and (b) use, and permit others to use, Feedback in any manner and for any purpose (including, without limitation, commercial purposes) that we deem appropriate in its discretion (including, without limitation, incorporating Feedback, in whole or in part, into any technology, product or service).
9. Forum and comments
- For the usage of our forum you will comply with all applicable laws in your use of the forum and will not use the forum for any unlawful purpose;
- You will not upload, post, e-mail, transmit or otherwise make available any content that:
- infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
- is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
- discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.
- You will not “stalk,” threaten, or otherwise harass another person;
- Always respect other Members’ opinions, aspirations, and goals;
- You will not access or use the Forum to collect any market research for a competing business;
- Treat other members with kindness and humility;
- Do not judge other Members;
- Be active and supportive, and contribute;
- Share Your progress with other Members – with good taste and good judgment
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Be open-minded and listen to each other
- We reserve the right, in our sole and absolute discretion, to deny you access to the forum, without notice, and to remove any comments.
10. Force majeure
- Each party shall be temporarily released from its obligation to perform as long as it is prevented from performing the service due to force majeure. This shall also apply in the event that the party is already in default.
- Force majeure shall be events within the meaning of Section 206 of the German Civil Code (BGB) as well as any other unusual and unforeseen event if the party invoking it did not cause the event, could not expect the event to occur, could not influence its occurrence, could not prevent its consequence despite exercising due care, and is prevented from rendering performance for the reason. This applies in particular to war, terrorism, riots, pandemics, severe weather, environmental disasters or if the prevention of performance is otherwise based on government order.
- The party invoking force majeure shall
- inform the other party of undue delay in text form of the fact and the reasons for it;
- with the diligence of a prudent businessman, take the measures necessary to resume full performance of its obligations as undue delay as possible;
- make reasonable efforts to minimize, as far as possible, the negative impact on the performance of this Agreement;
11. Out-of-court dispute resolution
- The EU Commission has provided a platform for out-of-court dispute resolution at the address http://ec.europa.eu/consumers/odr/
- We are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
12. Final provisions
- This contract contains all agreements of the parties regarding the subject matter of the contract. Any deviating collateral agreements and earlier agreements on the subject matter of the contract are hereby rendered ineffective.
- If any provision of this Agreement is or becomes void, invalid or unenforceable in whole or in part, or if any provision that is necessary in itself is not included, the validity and enforceability of all remaining provisions of this Agreement shall not be affected.
- The contract shall be governed solely by the laws of the Federal Republic of Germany. Indispensable statutory provisions applicable at the place of residence of the user who is a consumer shall remain unaffected.
- If the customer has no general place of jurisdiction in Germany or in another EU member state or if the customer is Unternehmer in the meaning of § 14 German Civil Code (BGB), the exclusive place of jurisdiction for all disputes arising from this contract shall be at our registered office.