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General terms and conditions and mandatory information
NEOVATIO Markeing – Mirela Szymura, M.Sc. - VDI

STAND January 2020

1. Contractual partner, scope

1.1 These general terms and conditions (“AGB”) regulate the contractual relationships of NEOVATIO, Owner Mirela Szymura, M.Sc., Friesenstr.22, D-15738 Zeuthen - hereinafter referred to as "NMM" - with customers. 

1.2 As far as only "customer (s)" is mentioned below, this affects both consumers i.S. from § 13 BGB (German) as well as companies i.S. from § 14 BGB.

1.3 If NMM's customers are consumers, these customers (consumer customers) also have special consumer rights in the context of distance selling and electronic business transactions. 

1.4 General terms and conditions of the customer that deviate from these GTC in whole or in part do not become part of the contract unless NMM has given its consent in writing. The general terms and conditions of NMM also apply exclusively if, in the knowledge of conflicting terms and conditions of the customer, services are provided by NMM without reservation. 

 

2. Contract 

2.1 Generally 

2.1.1 The individual services are described in terms of their type and scope on the NMM website in the respective tariffs, insofar as contracts do not come about through individual communication. For the customer, the respective service description at the time of placing his order is decisive. This service description takes precedence over the contract contents described below (2.2. to 2.4) in the event of contradictions. Verbal agreements are not valid. 

2.1.2 As far as server services are concerned, these servers are operated under the responsibility of NMM in data centers in Germany. 

2.2 Web-Hosting, Server 

2.2.1 NMM provides the customer with a web hosting package for the duration of the contract in accordance with the service description in the selected web hosting tariff on a virtual web server (shared server), transfers the required storage capacity to a web server connected to the Internet, and enables the customer to manage it of its website and the maintenance of its content, mediates and maintains individual domain names, leaves mailboxes for receiving and sending e-mails, and enables Internet users to call up the web pages or the customer's own content of the website. 

2.2.2 The customer receives the non-exclusive right, limited to the term of the contract, to use the software functionalities associated with the use of the web server in accordance with these terms and conditions and the license provisions of the software providers. The customer does not receive any further rights. 

2.3 Domain Name Registration 

2.3.1 Insofar as NMM is not itself the registration authority for the domain requested or ordered by the customer, NMM only requests the desired domain on behalf of the customer for registration with the registration authority and makes all necessary declarations for the customer there. In these cases, the registration contract is concluded between the customer and the registration office. The different top-level domains (TLD) are assigned and administered by a large number of different registration authorities. Each of the different TLDs has its own conditions for registration and administration. These also regulate the content of the contract. In addition to these NMM terms and conditions, the relevant registration conditions and guidelines for the TLD to be registered apply, which are published on the NMM website and kept up to date. 

2.3.2 NMM does not guarantee that the domain requested and ordered by the customer will be allocated and / or that the allocated domain is free of third party rights or will remain in the long term. Information in the order mask that a specific domain is still available is only based on a database query and only relates to the time of the information retrieval. The domain is assigned to the customer only after the actual registration of the domain for the customer and entry in the registration authority's database. 

2.3.3 If a domain requested by NMM for the customer has already been assigned by the registration authority by the time the application is received, or if the registration authority refuses to register, the customer can choose a different domain name. The same applies if the previous provider rejects the provider change in the event of a provider change. 

2.3.4 NMM initiates the application for the domain requested by the customer with the responsible registration authority or registers the domain itself, insofar as NMM itself is the registration authority, as soon as the customer has ordered the desired domain. NMM is only entitled to activate a domain after payment of the agreed fees. Insofar as NMM is not itself a registrar, NMM has no influence on the allocation by the respective registrar. 

2.3.5 NMM arranges for the customer to be registered with the respective registration authority as the domain owner and / or administrative contact (Admin-C). 

2.3.6 With regard to all declarations on domains (e.g. termination of the domain, change of provider, deletion of the domain), NMM can request the required form under the registration conditions. 

2.3.7 NMM participates in the change of provider in accordance with the relevant registration conditions (KK application). 

2.4 Support

The subject of user support for the customer (support) is all advice and support services in either German or English. In future, the customer will find questions / answers user support (FAQ) on the NMM website. The customer programs and maintains the content on the storage spaces provided by NMM in accordance with the contract on its own responsibility. 

 

3. Conclusion of the contract 

3.1 The contract is concluded in the electronic business for the web hosting and domain services offered by the NMM website in that the customer orders the NMM services offered there in a system provided by NMM on the website and NMM orders the customer accepts an order confirmation. Individual contracts for consulting and support services are excluded from this. 

3.2 The customer is bound to his order (binding offer) of services according to section 3.1 for a period of five days. 

3.3 The contract is concluded upon receipt of the order confirmation at the customer's order. Work that has already been carried out and which has been carried out in consultation with the customer is also considered an order confirmation. The term of the contract only begins with the activation of the customer's access (account). An order confirmation sent to the customer immediately after receipt of an order alone does not constitute the conclusion of the contract. Individual contracts for consulting and support services, hosting or the domain service are excluded from this. The term begins with the individual conclusion of a contract for consulting and support services. 

3.4 NMM reserves the right not to accept an order for an important reason in individual cases. 

3.5 In addition, offers from NMM, including offers on the website, are always non-binding. 

 

4. Obligations and duties of the customer 

4.1 The customer is obliged to complete and correct the data required for his order, i.e. to state the truth. The obligation to provide truthful information relates in particular to the information about the company, first name and surname, street and house number, postcode, town and country, telephone and email address and bank details, insofar as these are relevant for direct debit authorization , If the customer violates the obligation to provide a truthful declaration, NMM is entitled to terminate the contractual relationship, including the domain, with immediate effect. 

4.2 The customer will immediately correct or update changes in the data declared by the customer. The customer is obliged to keep the email address given to NMM up to date and to check NMM's email inboxes regularly. 

4.3 With the order confirmation (with the exception of individual contracts for advice and support services, hosting or the domain service), the customer usually receives a user name and a password, i.e. letters and / or numbers or special characters, which serve the purpose to exclude use by unauthorized persons in order to dial into the customer administration system. The user name and password are to be protected from unauthorized access by third parties. For security reasons, they must be changed at regular intervals. In digital media, the customer may only save user names and passwords in encrypted form. 

4.4 If a password is entered incorrectly several times, this can, for the protection of the customer, lead to the blocking of the possible uses to which the password applies. 

4.5 The content placed by the customer on the storage media provided by NMM must be backed up by the customer at regular intervals on its own storage media that does not correspond to that of NMM (security obligation). The customer is also obliged to independently back up his other data. This applies in particular - also in the sense of a possible tax law retention requirement - for contractually maintained emails from NMM's mailboxes. NMM only assumes an obligation to back up data if this is expressly promised as a performance obligation for a tariff and only in this context. In this case too, the customer remains obliged to regularly back up data on his own storage medium. 

4.6 The customer is obliged not to exceed the inclusive services in terms of quantity, unless an excess has been expressly agreed in the contract. If NMM determines that the volume ("traffic" / storage space) of a customer exceeds the range provided for the corresponding tariff by more than 5 percent in a month, NMM will inform the customer of this and offer the customer a contract with a correspondingly higher rate Complete volume volume. If this offer is rejected by the customer, NMM is entitled to charge for the additional memory used. If the storage space is exceeded three times and the expenses incurred are not paid, NMM is entitled to terminate the contractual relationship with a period of two weeks to the end of a calendar month due to insufficient cooperation by customers. 

4.7 The customer has to ensure - especially when using shared servers - that the NMM internet presence or data of other customers, the server stability, server performance or server availability are not impaired contrary to the contractually required use. 

4.8 Information from NMM to the customer, which relates to the conclusion of the contract, contract processing, in particular invoicing and dunning, including the termination of the contract (termination), is usually given in text form (i.e. by email). Only in exceptional cases or in cases where there is a legal obligation NMM creates texts in writing and sends them to the customer's address. The customer is obliged to only provide NMM with valid email addresses, under which the customer can receive electronic mail, and to access this mail regularly. 

4.9 For important reasons, NMM can require the customer to use the email address of NMM or another email provider for communication purposes, in particular for the support and sending of invoices, than that which the customer uses, specified or subsequently deposited his order. 

 

5. Customer responsibility for domain and information 

5.1 For the domain itself and for all content that the customer holds or stores on the web server (information, i.e. data, graphics, images, pieces of music, videos or other information that can be called up or disseminated via the technologies provided by NMM) the customer is responsible according to the general laws. The same applies to acts of use on the web servers that the customer has initiated. 

5.2In the event that his website represents a telemedia service, the customer must continue to fulfill the information obligations that the law places on a provider of electronic information and communication services and telecommunications services. The customer has to observe the requirements of the data protection laws (GDPR) and is responsible for compliance and technical implementation.

 

6. Prohibited 

6.1 The services of NMM may not be used by the customer to enable unsolicited e-mails for advertising purposes (mail spamming) or the sending of messages for advertising purposes (news spamming) to third parties in order to send threatening or harassing messages to third parties or to enable unauthorized access to information or to penetrate data networks without authorization. If the customer sends spam e-mails, NMM is entitled to temporarily block the electronic mailboxes on the e-mail server. 

6.2 Based on objective criteria, NMM can filter and not deliver the emails addressed to its customers or to the email mailboxes set up by them if facts justify the assumption that an email message contains malicious code (computer viruses, worms or Trojans etc. ) contains if sender information is incorrect or is obfuscated or if it is unsolicited or obscured commercial communication. 

6.3 The customer is not permitted to sublet services. 

6.4 The customer is obliged to set up his systems and programs on the NMM servers, which he provides to share with other customers (shared servers) in such a way that neither the security, the integrity nor the availability of the networks, servers and software which NMM for the Provision of their services is compromised. NMM is entitled to block or regulate access by the customer or third parties if its networks, servers and software act or react differently than normal operating behavior and this affects the security, integrity or availability of NMM's systems. 

6.5 Prohibited types of use or usage acts are published on the NMM website. 

6.6 During the temporary suspension within the meaning of the preceding paragraphs, NMM retains the right to the agreed remuneration. 

 

7. Availability

7.1 The customer can expect an average accessibility of the servers and data paths provided by NMM up to the point of transfer to the Internet (backbone) of 99.0% per year. This does not apply to times when the server cannot be reached due to technical or other problems beyond NMM's control (force majeure, fault of third parties, etc.). 

7.2 NMM can restrict access to the services if the security of the network operation, the maintenance of the network integrity, in particular the avoidance of serious disruptions to the network, the software or stored data so require. 

 

8. Terms of payment 

8.1 Unless otherwise agreed, NMM's services are due for payment after the service has been rendered and an invoice has been handed over. 

8.2.1 The services of the hosting or the domain service require a prepayment of 3 months. From 2020, customers who are not based in Germany can choose between 12, 24 or 36 monthly advance payments in the individual contract for consulting and support services, hosting or the domain service. 

8.2.2 The advance payment is due as soon as the customer's order has been accepted by NMM through the order confirmation, but not before the customer has received the access data for the server (s). The activation of the customer access (account) set up for the customer can make NMM dependent on the receipt of payment. 

8.2.3 The customer transfers within the scope of his order for the desired tariff and for the prepayment period at the latest 10 days of the respective month after receipt of the invoice. The customer will be informed of the invoice by email to the address provided by him or in his personal configuration menu or in any other agreed manner and can be called up there. 

8.3 The customer receives an invoice or calculation of the agreed and due remuneration in electronic form as a PDF document. Upon express request, entrepreneur customers will receive an invoice in accordance with the tax regulations by post. The customer is not entitled to a digitally signed invoice (Section 14 (3) UStG). 

8.4 In the event that the customer is in arrears with his payment obligations, NMM is entitled to block the customer's access to the storage media provided by the NMM. NMM will inform the customer of this consequence of his late payment in a reminder, which will be sent by email to the last email address provided by the customer. If the reminder cannot be delivered by email, NMM is entitled to temporarily block access immediately. If the customer is in default, the customer's payment obligation remains despite blocking access. 
 

9. Blocking 

9.1 NMM will only use the technical option to block the customer's access to the services provided in exceptional cases and will always take the customer's legitimate concerns into account. If NMM blocks the service, NMM may be entitled to block all contractual services. The choice of the blocking measure is at NMM's discretion. If a registered domain is the reason for the block, NMM is entitled to hand over the customer's domain to the administration of the registration office. 

9.2 A legitimate blocking of NMM does not release the customer from his obligation to pay the agreed fees. 

9.3 If NMM receives warnings, reminders or warnings from third parties that contain the credible allegation of legal violations, NMM is entitled to temporarily block access to the contested information from which the violation originates without further legal examination, if not to the customer NMM immediately proves that there is no violation of the law or that NMM is exempt from the consequences of claims by third parties - if necessary by providing security. NMM is not obliged to provide legal advice to the customer. 

9.4 NMM fulfills its notification obligations to prepare or prevent and implement the block if it sends the respective notifications by email to the email address specified by the customer. It is the customer's responsibility to ensure that the e-mail address specified by them is available. 

9.5 The NMM can remove the block if the customer can prove in writing that the condition has been met and NMM has sent a return letter for which contractual sanctions apply. The level of security to be increased, which NMM must increase in the event of third-party claims, must be borne by the customer who acted unlawfully. The level of the contractual promise depends on the importance of the law. 

9.6 If NMM is used by third parties or by government authorities for behavior that entitles NMM to block, the customer undertakes to release the provider from all claims and to bear the costs incurred through the use or removal of the illegal condition, in particular the legal costs of the Provider (NMM). 

 

10. Return the storage space 

10.1 On the day of termination of the contract, the customer is obliged to delete or to release the storage space provided (the latter for deletion by NMM). 

10.2 The customer must ensure that his data is stored on his own storage media in good time. 

 

11. Offsetting by the customer, right of retention 

11.1 The customer can only offset claims from NMM insofar as these claims are uncontested or legally established. The customer is only entitled to assert a right of retention due to counterclaims that result from the contractual relationship with NMM. 

11.2 NMM reserves the right to accept a customer's request to change the provider (KK application) only if all undisputed outstanding claims by NMM against the customer have been settled. 

 

12. Legal responsibility 

12.1 NMM's liability - regardless of the legal reason - exists exclusively within the scope of the following provisions. 

12.2 Unlimited liability: NMM is liable for intent and gross negligence. NMM is liable for slight negligence in accordance with the Product Liability Act based on the Telecommunications Act and for damage caused by injury to life, limb or health of persons. 

12.3 Limitation of liability: In the event of slight negligence, NMM is only liable for the breach of an essential contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and compliance with which the contractual partner can regularly leave (cardinal obligation). This limitation of liability also applies to the vicarious agents of NMM. 

12.4 NMM's strict liability for damages for defects existing at the time the contract is concluded ((§ 536a BGB Germany) is excluded. 

 

13. Contract term, termination, termination of the contract. 

13.1 Unless otherwise agreed, the contract is concluded for an indefinite period. 

13.2 For hosting or domain service, the customer must pay a prepayment period of 1 month up to the 10 calendar day of a month at the latest. Customers who are not based in Germany will have to choose between 12, 24 or 36-month advance payments from 2020. 

13.3 The aforementioned prepayment period begins with the receipt of the order confirmation, but not before activation of the access. The contract is considered confirmed by the customer if the work has already started after coordination. The expiry of the prepayment period chosen by the customer is specified in the invoice. The decisive factor is the incoming payment at NMM. If the payment deadline is exceeded, a reminder fee will be charged. First reminder: € 2.50 reminder fee, second reminder € 5.00, third reminder € 7.50. The costs will also be charged to the customer. The calculation is based on bank working days in the year.

13.4 If the prepayment period selected in accordance with 13.2 and communicated to the customer in accordance with 13.3 ends without the customer terminating the contract, the prepayment period selected by the customer, which was selected when the contract was concluded, is selected again by the customer at the end of the prepayment period. Customers outside of Germany have to make an annual advance payment. 

13.5. During the prepayment period chosen by the customer, the customer can properly terminate the contract at any time in accordance with the following regulations. 

13.5.1 The ordinary termination of the contract for hosting or domain services by the customer must be submitted by e-mail. A prerequisite for this termination by the customer is that the domains for his contract are closed by him ("Close") or that he is moved to another provider by means of connectivity coordination ("KK"). NMM is involved in closing the domain or moving the domain. Without "Close" or "KK" proper online termination is technically not possible and ineffective. The customer is instructed in the FAQ of the website how to properly terminate the contract. If this is an individual contract, the contract term, termination, termination of the contract can be found in the respective contract. 

13.5.2 The customer is not entitled to reimbursement of the "unused" advance payments from the time the termination becomes effective until the end of the advance payment period chosen by him. 

13.5.3 The customer is also not entitled to reimbursement of advance payments that are due according to the termination period chosen by him after the termination has been declared in accordance with Section 13.5.1, since the cancellation has not been effective in accordance with Section 13.5.1 At the latest 90 calendar days before the end of the current prepayment period, the customer can see the expiry of the prepayment period chosen by the customer in the last invoice. The customer is therefore obliged to fulfill the termination obligations in good time so that the contract extension and the due date of a new advance payment do not occur. 

13.5.4 The termination in accordance with the previous provision results in the immediate deletion of all data (especially the email accounts) of the customer in the storage space provided for him. The customer must ensure timely data backup on their own storage media. 

13.6 The ordinary termination of the contract for hosting or domain services by NMM in text form is permitted at the end of a current calendar month with a period of 20 calendar days.

13.6.1 In the event of ordinary termination by NMM, NMM must reimburse the customer for advance payments that have not been used. 

13.6.2. Im Falle einer ordentlichen Kündigung durch NMM muss der Kunde entsprechend beim „Close“ bzw. „KK“ hinsichtlich der von ihm gehaltenen Domains mitwirken und den Speicherplatz zum Ablauf des Tages, an dem die Kündigung wirksam wird, löschen bzw. zur Löschung freigeben, anderenfalls NMM zur Löschung befugt ist.

13.7. In the event of an orderly termination by NMM, the customer must cooperate in the "Close" or "KK" with regard to the domains held by him and delete the storage space at the end of the day on which the termination takes effect, or release it for deletion NMM is authorized to delete,

13.7.1 if the customer is more than 1 month late with a payment due, or 

13.7.2 the customer culpably violates a contractual obligation despite a warning or 

13.7.3 the customer does not remedy a breach of contract or rights within a reasonable period, in particular the customer has illegal information available in its storage space for retrieval or use, although he has been advised of this by third parties or by NMM. 

13.7.4 A warning is unnecessary if it is a breach of duty that makes a continuation of the contract unreasonable for NMM, especially because NMM would also be liable to third parties because of this breach of duty. 

13.7.5 In the event of an actual termination of the contract for hosting or domain services, both must belong when closing “KK” is the domains managed by the customer with contact and the customer needs the storage space at the end of the day, and the termination is checked for deletion otherwise NMM is authorized to delete. 

13.7.6 In the event of an effective extraordinary termination of the contract for hosting or domain services by NMM, NMM is entitled to payment of the fee for the prepayment period chosen by the customer, insofar as the customer is responsible for the reason for the termination. Insofar as NMM is responsible for the reason for the extraordinary termination, NMM must reimburse the customer for advance payments not used. 

13.8 If, after an appropriate deadline has been set by NMM, there is no explanation or action by the customer as to what should be done in relation to the domain name after termination, NMM will register the support for the customer with the responsible registration authority after the deadline - at the earliest on the day the contract expires Set the domain name. NMM will inform the responsible registration authority immediately. This can lead to the registration authority deleting the domain name. 

13.9 If, after an appropriate deadline has been set by NMM, the customer does not provide an explanation or act as to what should be done after the termination with regard to the storage space still occupied by him, NMM will delete the storage space after the expiry of the period - at the earliest on the day of the prepayment period. 

13.10 If the entire contract for hosting or domain services is not terminated, but only one domain / several domains / all domains is terminated, the contract continues to exist. 

 

14. Data Privacy

NMM informs the customer separately about the collection, processing and use of personal data. 

 

15. Applicable law, place of jurisdiction, ineffectiveness 

15.1 The law of the Federal Republic of Germany applies exclusively to the contracts concluded by NMM on the basis of these General Terms and Conditions and for the resulting claims of any kind. In the event of the conclusion of contracts with consumers who are not based in Germany, the mandatory consumer protection provisions of consumer law in their respective home country, which applies to their seat, remain unaffected by sentence 1. 

15.2 The place of jurisdiction for all claims arising from the contractual relationships between the contracting parties, in particular regarding the formation, processing or termination of the contract is - insofar as the customer is a registered trader, legal entity under public law or special fund under public law - the registered office of NMM. 

15.3 Should individual provisions of these general terms and conditions be or become ineffective in whole or in part, this does not affect the validity of the remaining provisions. 

 

B. Mandatory information 

Insofar as NMM uses telemedia for the purpose of entering into a contract (contract in electronic business transactions), NMM is obliged to provide information. This applies to consumer customers as well as consumer and entrepreneurial customers. 

 

1. Company identity 

The customer's contractual partner will be: 

NEOVATIO Marketing
- Owner Mirela Szymura, M.Sc. - VDI
Friesenstr. 22, D-15738 Zeuthen
Ust-ID: DE310464190
Tel: +49 (0) 157 53 55 16 66
Fax: +49 (0) 33 76 28 09 501
E-Mail: info@neovatio.de
Web: www.neovatio.dewww.neovatio.com

NMM is not registered in any public company register. Representatives in member states in which the consumer lives are not appointed. NMM's telemedia service does not require official approval. 

If NMM provides the customer with a domain, the registration contract is concluded directly between the customer and the registration office. The identity of the registration authority depends on the type of domain to be ordered. The registries are named on the NMM website. 

 

2. Mandatory information for all customers 

2.1 The electronic ordering process on the website contains appropriate, effective and accessible technical means for all customers, with the help of which the customer can recognize and correct input errors before placing his order.
2.2 In good time before placing an order, NMM provides all customers with clear and understandable information in accordance with Art. 246 c EGBGB. This is the following information: 

2.2.1 The following technical steps lead to the conclusion of the contract, if they are already available: The customer selects a product / tariff described on the website. The "Order" window opens with various tabs for entering data. The last tab is "Order overview". If the customer has provided all the required information there, clicking on the "order with payment" button will send a contract offer to NMM that is binding for the customer. The customer immediately receives an order confirmation on the website. The acceptance of the contract offer ("order confirmation") by NMM takes place via e-mail. The contract is concluded upon receipt of the order confirmation by the customer. For individual contracts, the signed contract is the subject of the contract. 

2.2.2 Access to the contract text: NMM does not create an actual contract text unless it is an individual contract. After conclusion of the contract, NMM saves the order as well as the order confirmation and contract acceptance (order confirmation). What the customer has ordered can be seen in the order overview created by NMM before placing the order and can print out and download this order overview. The customer receives a contract confirmation as well as the general terms and conditions on which the contract is based with mandatory information by sending the order confirmation as a PDF document. 

2.2.3 Input errors in automated contracts: Input errors before placing an order can be recognized and corrected as follows: Every input made by the customer remains visible in the mask and can be corrected within the relevant tab. The customer can always move back and forth in the tabs to make corrections. Occasionally, if the input is implausible or missing, the customer is prompted to "check your input in the marked fields". 

2.2.4 Language selection of automated contracts: In future, only the German language will be available for concluding contracts. 

2.2.5 Codes of conduct: NMM has not submitted to any codes of conduct. 

2.3 NMM will immediately confirm the receipt of the respective order in the automated contract conclusion process electronically on the website. 

2.4 The content of the order is given in the order overview before NMM submits the order binding the customer. There, the customer will also find a link to the general terms and conditions underlying his order and the mandatory information that he can currently view on the website at the time of his order and print, copy or save as a PDF using his browser. 

2.5 Immediately before placing an order, NMM communicates the information to all customers - not just the consumers - at the latest at the beginning of the ordering process in accordance with Section 312j (1) BGB (hereinafter 2.5.1 and 2.5.2). as well as clear and understandable information in accordance with Article 246 a § 1 paragraph 1 sentence 1 number 1, 4, 5, 11 and 12 EGBGB. The latter only occurs in these general terms and conditions (hereinafter 2.5.3 to 2.5.6). 

This summarizes the following information: 

2.5.1 There are no delivery restrictions, unless the customer's desired domain has already been assigned. 

2.5.2 Bank transfer is accepted as a method of payment. 

2.5.3 The main features of the services to be ordered can be found in the descriptions on the website and - summarized - in the "Order overview" field for the individual order process.


2.5.4 Unless otherwise agreed, the contract is concluded for an indefinite period. The conditions for the termination result from section 13 of these general terms and conditions. The minimum contract period is 1 year and applies from the conclusion of the contract with a notice period of 3 months. The customer therefore determines the contract duration by terminating the contract. 

2.5.5 The prices displayed on the website are total prices without German VAT (currently 19%). Customers domiciled or located in another EU country currently have no possibility to participate in the automated contract conclusion, since only individual contracts are concluded here. Delivery and shipping costs that are not paid via NMM do not apply. Taxes in Germany are added (from currently 19%). For customers residing or based in another EU country, we apply the procedure to reverse the tax liability. 

2.6 The previous paragraphs 2.1. to 2.5 do not apply to contractual cases in electronic business if this is only completed by individual written notification, with the exception that the customer is offered the opportunity to call up and save the contractual provisions including the general terms and conditions when the contract is concluded in a reproducible form. 

2.7 There are no specific additional costs that the customer has to bear for the use of the telecommunications equipment used for the conclusion of the contract and that are billed as additional costs by NMM. If additional costs arise, please refer to it explicitly. 

2.8 The terms of payment result from section 8 of the general terms and conditions. The delivery and service conditions, in particular from the provisions of sections 2, 4 and 5 of the general terms and conditions. Dates at which NMM has to provide services have not been agreed. There is no special procedure for dealing with complaints. 

2.9 The statutory warranty or guarantee provisions apply. We offer customer service through extensive support services via a ticket system, telephone or email. 

 

3. Mandatory information only for consumer customers 

3.1 There is a statutory right of withdrawal for consumer customers. We teach as follows: 

Right of withdrawal 

Withdrawal 

You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract is concluded.
To exercise your right of withdrawal, you must contact us 

NEOVATIO Marketing
- Owner Mirela Szymura, M.Sc. - VDI
Friesenstr. 22, D-15738 Zeuthen
Ust-ID: DE310464190
Tel: +49 (0) 157 53 55 16 66
Fax: +49 (0) 33 76 28 09 501
E-Mail: info@neovatio.de
Web: www.neovatio.dewww.neovatio.com

Inform about your decision to terminate this contract by a clear statement (e.g. a letter by post, fax or email). 

In order to meet the cancellation deadline, it is sufficient that you send your message about your right of cancellation before the cancellation period expires. 

Consequences of cancellation 

If you withdraw from this contract, we have made all the payments that we have received from you, including the shipping costs (except for the additional costs that result from the fact that you chose a different type of delivery than the cheapest standard delivery which we have to offer) immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you. Under no circumstances will you be charged any fees for this repayment.
If you have requested that the services should start during the cancellation period, you must pay us a reasonable amount, which is the proportion of the services that have already been provided in the service by the time you inform us of the exercise of the right of withdrawal in relation to this contract compares the total scope of the services provided in the contract.
- end of revocation -

3.2 Reference to the premature expiry of the right of withdrawal 

The right of withdrawal expires in the case of a contract for the provision of services if the entrepreneur has rendered the service in full and has only started to provide the service after the consumer has given his express consent and at the same time confirmed his knowledge of it by the entrepreneur. 

 

4. Information about the OS complaint platform 

The European Commission has set up a platform (hereinafter referred to as the "OS platform") to enable independent, impartial, transparent, effective, fast and fair online out-of-court settlement of disputes between consumers and businesses. We are legally obliged to publish a link to the operating system platform on our website and to provide our email address. 

4.1. The link is: http://ec.europa.eu/consumers/odr/.

4.2. Our email address is: info@neovatio.de.

4.3. We are not affiliated to a national dispute settlement.

 

5. Information about dispute resolution according to § 36 VSBG 

We are not obliged and unwilling to participate in a dispute settlement procedure before a consumer arbitration board under the Consumer Dispute Settlement Act (VSBG).
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