Terms of Service

1.Scope

1.1 These Terms and Conditions (hereinafter referred to as "T&Cs") of protagx - Inh. Christian Schappeit (hereinafter referred to as "Provider") apply to all contracts for the provision of services concluded between a consumer or entrepreneur (hereinafter referred to as "Customer") and the Provider with regard to the services presented on the Provider's website. The inclusion of the Customer's own conditions is hereby objected to, unless otherwise agreed.

1.2 A consumer within the meaning of these T&Cs is any natural person who concludes a legal transaction for purposes that predominantly cannot be attributed to their commercial or self-employed professional activity. An entrepreneur within the meaning of these T&Cs is a natural or legal person or a legally competent partnership that acts in the exercise of its commercial or self-employed professional activity when concluding a legal transaction.

2.Conclusion of Contract

2.1 The service descriptions on the Provider's website do not constitute binding offers from the Provider but serve for the submission of a binding offer by the Customer.

2.2 The Customer can submit the offer via the online order form integrated into the Provider's website. In doing so, after placing the selected services in the virtual shopping cart and completing the electronic ordering process, the Customer submits a legally binding contract offer regarding the services contained in the shopping cart by clicking the button that concludes the ordering process.

2.3 The Provider can accept the Customer's offer within five days by: Sending the Customer a written order confirmation or an order confirmation in text form (fax or email), in which case the receipt of the order confirmation by the Customer is decisive, or Starting to provide the services on request of the Customer and notifying the Customer thereof, or Requesting payment from the Customer after placing their order.

2.4 When submitting an offer via the Provider's online order form, the contract text is stored by the Provider after the contract is concluded and sent to the Customer in text form (e.g., email, fax, or letter) after the Customer's order is sent.

2.5 Before the binding submission of the order via the Provider's online order form, the Customer can recognize possible input errors by carefully reading the information displayed on the screen.

2.6 For customers based in Germany, Switzerland and Austria, the German language is available for the conclusion of the contract.

English is available for the conclusion of the contract for customers based outside Germany, Switzerland or Austria.

2.7 Order processing and contact are usually carried out via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct.

3.Right of Withdrawal

Consumers generally have a right of withdrawal. Further information on the right of withdrawal can be found in the Provider's cancellation policy.

4.Prices and Payment Terms

4.1 Unless otherwise stated in the service description of the Provider, the prices quoted are total prices, which include the statutory value-added tax.

4.2 The payment options and terms are communicated to the Customer on the Provider's website.

5.Duration and Termination of Contracts

5.1 Information on the duration and termination of contracts, particularly on the termination modalities for services provided as part of ongoing obligations, is provided to the Customer in the respective service description on the Provider's website.

5.2 The right to extraordinary termination for good cause remains unaffected. A good cause exists if the terminating party, considering all circumstances of the individual case and weighing the interests of both parties, cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.

5.3 Terminations can be made in writing, in text form (e.g., by email), or in electronic form via the termination device provided by the Provider on their website (termination button).

6.Liability for Defects

6.1 The Provider is liable for defects in the provided services according to the statutory provisions of liability for defects.

6.2 The Provider does not accept liability for legal violations, particularly copyright infringements, breaches of local data protection laws (especially GDPR), or other responsibilities of the Customer as the owner of web applications, websites, and digital marketing campaigns. The Customer must ensure that all materials provided for the execution of the contract are royalty-free or owned by the Customer. This specifically includes obtaining model releases for persons in images, particularly if part of advertising campaigns.

7.Applicable Law

7.1 All legal relationships between the parties are governed by the law of the Federal Republic of Germany, excluding the laws on the international sale of goods. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has their habitual residence is not withdrawn.

8.Jurisdiction

If the Customer acts as a merchant, a legal entity under public law, or a special fund under public law with its seat in the territory of the Federal Republic of Germany, the exclusive jurisdiction for all disputes arising from this contract is the Provider's place of business. If the Customer is based outside the territory of the Federal Republic of Germany, the Provider's place of business is the exclusive jurisdiction for all disputes arising from this contract if the contract or claims arising from the contract can be attributed to the professional or commercial activity of the Customer. In the aforementioned cases, however, the Provider is entitled to call the court at the Customer's seat.

9.Settlement of Disputes

The EU Commission provides a platform for online dispute resolution on the internet at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a contact point for out-of-court settlement of disputes arising from online sales or service contracts involving a consumer. The Provider is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.

10.Code of Conduct

The Provider has subjected itself to the participation conditions for the eCommerce initiative "Fairness in Trade," which can be viewed on the internet at https://www.fairness-im-handel.de/teilnahmebedingungen/.