Affiliate" refers to Internet-supported types of distribution in which a commercial provider (advertiser) supplies its distribution partners (publisher) with advertising material and, in the event of successful contract mediation, remunerates them with commissions. The publisher can use the advertising material provided by the advertiser on his websites or use it via other channels such as keyword advertising or e-mail marketing. Advertising links and banners are particularly suitable for the mediation of contracts via websites, through which the potential customer is directed to the offers of the advertiser with whom the contract is ultimately to be concluded.
General terms and conditions with customer information
Table of contents
- Subject of the contract
- Conclusion of contract
- Applicable law
- Place of jurisdiction
- Alternative dispute resolution
1) Scope of application
Diese General Terms and Conditions (hereinafter referred to as "GTC") of Auda Invest GmbH & Co. KG (hereinafter referred to as the "Intermediary"), apply to all contracts for the brokerage of contracts (hereinafter referred to as the "Main Contract") that a consumer or entrepreneur - affiliate (hereinafter referred to as the "Customer") concludes with the Intermediary via the website of the Intermediary. Herewith the inclusion of the customer's own terms and conditions is contradicted, unless otherwise agreed.
Verbraucher in the sense of these terms and conditions is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur in the sense of these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2) Object of the contract
The subject of the contract between the customer and the intermediary regulated in these General Terms and Conditions is the mediation of contracts concluded between the customer and a third party provider (hereinafter referred to as "Provider"). The content of the main contract results from the respective article or service description on the website of the respective provider. The agent's obligation to perform is limited to forwarding the customer to the offer of the respective provider via his website by electronic linking. The agent does not himself become a party to the main contract and does not accept any declarations of intent concerning the main contract. Furthermore, the agent does not guarantee that a contract will actually be concluded between customer and provider. The fulfilment of the main contract is not carried out by the agent but by the respective provider. For the main contract the legal regulations apply in the relationship between customer and offerer as well as if necessary of it deviating contractual conditions of the respective offerer.
3) Conclusion of contract
Der Vermittler provides the customer with various advertising links or banners on its website, through which the customer is forwarded to the offers of the respective providers by mouse click. The provision of these advertising links or advertising banners represents a binding offer by the agent to conclude an agency contract, which the customer can accept by clicking on the respective advertising link or advertising banner with the mouse.
Der The text of the contract regarding the mediation is neither stored by the agent nor is it accessible to the customer after submission of his contract declaration.
Für only the German language is available for the conclusion of the contract.
The mediation of the main contract is free of charge for the customer. The customer will be informed of any costs incurred by the brokered main contract in the offer of the respective provider and, in the event of a contract being concluded, the provider will invoice the customer directly. In this respect, the statutory provisions shall apply in the relationship between the customer and the provider, as well as any contractual conditions of the respective provider that deviate from these.
5) Defaults in performance
Für Service disruptions in connection with the mediation of contracts in the relationship between agent and customer, the agent is liable to the customer according to the statutory provisions.
Der Intermediary is not liable for performance problems in the main contract between customer and provider. The customer has to assert claims due to service disruptions in the main contract directly against the respective provider.
6) Applicable law
The law of the Federal Republic of Germany shall apply to all legal relations between the parties. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state in which the consumer has his habitual residence is not withdrawn.
7) Place of jurisdiction
If the customer acts as a merchant, legal entity under public law or special fund under public law with its registered office in the territory of the Federal Republic of Germany, the exclusive place of jurisdiction for all disputes arising from this contract shall be the registered office of the seller. If the customer has his registered office outside the territory of the Federal Republic of Germany, the registered office of the seller shall be the exclusive place of 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 above cases, however, the Seller shall in any case be entitled to appeal to the court at the Customer's place of business.
8) Alternative dispute resolution
Die EU Commission provides a platform for online dispute resolution on the Internet under 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 purchase or service contracts in which a consumer is involved.
Der Mediator is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.